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HomeMy WebLinkAbout08-21-1984 AGENDA CITY OF DENTON CITY COUNCIL August 21, 1984 Budget Work Session of the City of Denton City Council on Tuesday, August 21, 1984, at 8:30 a.m, in the Training Room of the Service Center at which the following items will be considered: 8:30 a,m. 1. Work session on the proposed 1984-85 budget, 2, Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252.17 V,A.T.S, B, Real Estate Under Sec. 2(f), Art. 6252-17 V.A,T.S. C. Personnel Under Sec, 2(g), Art 6252-17 V.A.T.S. U. Board Appointments Under Sec, 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, August 21, 1984, at 7;00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: 7M p.m. 1. Consider approval of the Minutes of the Regular Meeting of April 10, 1984 and the Regular Meeting of April 17, 1984. 2. Consent Agenda; Each of theso items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. A. Bids and Purchase Orders: 1. Bid H 9299 - Soil mixer stabilizer 2. Bid 1 9302 - Circuit breaker conversion 3. Bid 9 9306 - Automatic transfer apparatus 4. Bid 9 9308 - Disposal of PCB capacitors i City of Denton City Council Agenda August 21, 1984 Page Two S. Bid 0 9310 Gasoline and diesel 6, Sid # 9311 - Employee uniforms 7, Bid # 9314 - Audra Estates street participation 8. Bid # 9316 - Pressure sterilizer and trays 9. Bid 0 9317 - Microfilming of City records 10. Purchase Order N 64522 - Municipal electric job training to Texas A$,M University in the amount of $4,110.45, 11. Purchase Order # 64630 - Gene's Paint and Body Shop in the amount of $3,205,83, B. Plats and Replats; 1. Approval of the preliminary replat of lot 29, Section II, of the Solar Way Addition. (The Planning and Zoning Commission recommends approval.) 2. Appproval of the preliminary plat of the Hollyhills Addition. (The Planning and Zoning Commission recommends approval,) 3. Approval of the preliminary plat of the Osborne Groceryy Addition. (The Planning and Zoning Commission recommends approval.) C. Agreements: 1, Consider approval of letter request by First Southwest Company to submit a bid for the $1,800,000 Certificates of Obligation, 3. Receive the bids on $1,800,000 City of Denton, Texas Certificates of Obligation, Series 1984 A. 4. Public Hearings: A. Z-1677. This is the petition of Delwin Morton requesting a change in zoning from the single family (SF-7) and agricultural (A) classification to the planned development (PD) classification on a 52 acre tract located at the northwest corner of Lattimore Street and Audra Lane, If approved, the planned development will permit the development of single family detached land use with typical lot size of 6,000 square feet, (The Planning and Zoning Commission recommends approval.) City Of Denton City Council Agenda August 21, 1984 Page Three 1, Consider adoption of an ordinance approving a change in zoning from the single family (SF-7) and agricultural (A) classification to the planned development (PD) classification on a 52 acre tract located at the northwest corner of Lattimore Street and Audra Lane, B. Z-1680. This is the petition of Kenneth B. Riney requesting a change in zoning from office (0) to the general retail (,R) classification on lots 11A and 1SA, block 1, Northside Addition (115 West College Street). Lot 11A has approximately 51 feet of frontage along the west side of North Locust Street and approximately 43 feet of frontage along the south side of College Street. Lot 1SA is approximately 481x100' in size and begins adjacent and south of College Street approximately 174 feet west of North Locust Street (lots 11A and 15A are separated by a north-south public alley). (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of an ordinance approving a change in zoning from office (0) to the general retail (GR) classification on lots 11A and 1SA, block 1, Northside Addition (11S West College Street). S. Ordinances; A: Consider adoption of an ordinance authorizing the issuance of $10800,000 City of Denton, Texas Certificates of Obligation, Series 1984A and all matters incidential and pertaining to. B. Consider adoption of an ordinance directing the publication of notice of intent to issue City of Denton Utility System Revenue Bonds, Series 1984 A in the maximum principal amount of $20,000,000 and directing the issuance and publication of notice of sale of said bonds. C. Consider adoption of an ordinance amending Chapter 2, Article 11 of the Code of Ordinances providing for the approval of City policies by resolution, authorizing the City Manager or his designee to issue administrative procedures and directives implementing approved policies and repealing Ordinance No. 62-40 in its entirety. 1 City,of Denton City Council Agenda August 21, 1984 Page Four D, Consider adoption of an ordinance and service plan annexing a tract of land consisting of approximately 9,013 acres of land beginning appproximately 700 feet east of Sherman Drive. (A-4). (The Planning and Zoning Commission recommends approval.) 8. Consider adoption of an ordinance amending Chapter 13 of Appendix B - Zoning of the Cod,9 of Ordinances of the City of Denton to provide for the use of lots with less than the minimum area, width or depth requirements when such lots are approved through the subdivision process„ repealing all ordinances in conflict therewith; and providing for an effective date. (The Planning and Zoning Commission recommends approval.) F. Consider adoption of an ordinance abandoning a portion of an existing 6" water line adjacent to the Dave Krause automobile dealership on West University Blvd. between Cornell Street and Malone Street. (The Public Utilities Board recommends approval.) b, Resolutions; A. Consider approval of a concurrent resolution relinquishing all platting jurisdiction and zoning control over that portion of the Pecan Acres Addition situated within the corporate limits of the City of Denton. (The Planning and Zoning Commission recommends approval.) H. Consider approval of a resolution closing Windsor Drive from Old Orchard Trail to Dunes Street and closing Old Orchard 'Grail from Windsor to Broken Arrow between the hours of 6:00p.m. and 10;00 p.m, on August 24, 1984 for a neighborhood block party. C. Consider approval of a resolution adopting official policies of the City of Denton and rescinding the Employees Rules and Regulations in conflict. 7. Consider approval of a financial advisory contract for the sale of bond and certificates of obligations. 8. Consider providing water/sewer service to Tri-Steel Structures Corporation development, west on Highway 380 and Marsh Branch Road and approval of associ tee oversizing and pro rata agreements, (The Public UtIli.ti.es Board recommends approval.) City.of Denton City Council Agenda August 21, 1984 Page Five 9. Consider providing water/sewer service to Storer Homes Inc. south of Highway 377 and Brush Creek Road, and approval of associated oYYe sizing and pro rata agreements. (The Public Utilit ea Board recommends approt.,al.) 100 Official Action on Executive Session items; A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 11. New Business; This item provides a section for Council Members to suggest items for future agendas. C E R T i P I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on e day of 1984 at o'clock a . m,,J . m . 1 SECRETARY 1465C AUENDA ADDENDUM CITY OF DEN79 N CITY COUNCIL AuguyL 21, 1984 Regular Meeting of the City of Denton City Council on Tuesday, August 21, 1984, at 6t3O p.m. In the City Manager's Conference Room of the Municipal Building at which the following items will he considered: 6; 30 p.m, 1, Executive Session; A. Leal Matters Under Sec, 2(e), Art, 6252-17 V.K.T.S. 8. Real Estate Under Sec. 2(f), Art, b252-17 V. A.T. S, C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. C E R 'r 1 F i C A T E I certify that the auove notice of meeting was posted on the bulletin board at the City Nall of the City of Denton, Texas, on the day of , 1984 at o'clock ~~L~. (a,m,) .m',.._. ~ ARY 1467C AUENDA AUDt1NDUM CITY OF DENTON CITY COUNCIL, August 21, 1984 Regular Meeting of the City of Denton City Council on Tuesday, August 21, 1984, at 630 p.m. in the City Manager's Conference Room of the Municipal Building at which the following items will be considered; 6:30 P.M. 1. Executive Session; A. Leggal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6251-17 V.A.T.S. C. Personnel Under Sec, 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec, 2(g), Art 6252-1, V.A.T.S. C E R T I F I C A T E 1 certify that the aoovo notice of meeting. was posted on the bul.lotin board at the City Hall of the City of Denton, Texas, on the day of , 1984 at o'clock (a.m. ) p. in. )Ji CITY SECRETARY 1467C AGI3NDA CITY OF DENTON CITY COUNCIL August 21, 1984 Budget Work Session of the City of Denton City Council on Tuesday, August 21, 19840 at 8.30 a.m, in the Training Room of the Service Center at which the following items will be considered: 8:30 a.m. I. Work session ors the proposed 1984-85 budget, Executive Session; A. Legal Matters Under Sec. 2(0), Art. 6252-17 V.A.T.S. 15. Real Estate - Under Sec. 2(f), Art. 6252-17 V.A.T.S, C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D, Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, August 21, 19840 at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Regular Meeting of April 10, 1984 and the Regular Meeting of April 17, 1984. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations, Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendation6, A. Bids and Purchase Orders: 1. Bid 9 9299 Soil mixer stabilizer 2, Bid # 9302 - Circuit breaker conversion 3, Bid # 9306 - Automatic transfer apparatus 4. Bid 4 9308 - Disposal of PCB capacitors City of l1enton City Council Agenda August 21, 1984 Page Two 5, Bid 0 9310 - Gasoline and diesel 6. Bid # 9311 - Employee uniforms 7. Bid M 9314 - Audra Estates street participation 8. Bid N 9316 - P,Aessure sterilizer and trays 9. Bid Y 9317 - Microfilming of City records 10, Purchase Order # 64522 - Municipal electric job training to Texas A&M University in the amount of $4,110,45, 11, Purchase Order 1 64630 - Gene's Paint and Body Shop in the amount of $3,205.83. B. Plats and Replats: 1. Approval of the preliminary replat of lot 29, Section 11, of the Solar Way Addition, (The Planning and Zoning Commission recommends approval.) 2. Approval of the preliminary plat of the HolIyh111s Addition. (The Planning and Zoning Commission recommends approval.) 3. Approval of the preliminary plat of the Osborne Grocery Addition. (The Planning and Zoning Commission recommends approval,) C. Agreements; 1. Consider approval of letter request by First Southwest Company to submit a bid for the $1,800,000 Certificates of obligation, 3. Receive the bids on $1,800,000 City of uenton, Texas Certificates of Obligation, Series 1984 A. 4. Public Hearings; A. Z-16770 'I'bis is the petition of Delwin Morton requesting a change in zoning from the single family (SF-7) and agricultural (A) classification to the planned development (PD) classification on a 52 acre tract located at the northwest cornor of Lattimore Street and Audra Lane. If approved, the planned development will permit the development of single family detached land use with typical lot size of 6,000 square feet, The Planning and Zoning Commission recommends approval,) City of Denton City Council Agenda August Z1, 1984 Page 't'hree 1. Consider adoption of an ordinance approving a change in zoning From the single family (SF-7) and agricultural (A) classification to the planned development (PD) classification on a 52 acre tract located at the northwest corner of Lattimore iitreet and Audra Lane. B. Z-1680, This is the petition of Kenneth B. Riney requesting a change in zoning from office (n) to trio general retail {GR) classification on lots 11A and 15A, block It Northside Addition (115 West College Street). Lot 11A has approximatoly 51 feet of frontage along the west side of North Locust Street and approximately 43 feet of frontage along the south side of College Street. Lot 15A is approximately 481000' is size and begins adjacent and south of College Street approximately 174 feet west of Norrth Locust Street (lots 11A and 15A are separated by a north-south public alley), (The Planning and Zoning Commission recommends approval,) 1, Consider adoption of an ordinance approving a change in zoning from office (0) to the general retail (GR) classification on lots 11A and 15A, block 1, Northside Addition (115 West College Street). S. Ordinances: A. Consider adoption of an ordinance authorizing the issuance of $10800,000 City of Denton, Texas Certificates of Obligation, Series 1984A and all matters ineidential and pertaining to, B. Consider adoption of an ordinance direct., the publication of notice of intent to issue City of Denton Utility System Revenue Bonds, Series 1984 A in the maximum principal amount of $20,000,000 and directing the issuance and publication of notice of sale of said bonds, C. Consider adoption of a.n ordinance amending Chapter 2, Article 11 of the Code of ordinances providing for the approval of City policies by resolution, authorizing the City Manager or hi;; designee to issue administrative procedures and directives implementing approved policies and repealing ordinance No. 62-40 in its entirety, . City of Denton City Council Agenda August 21, 1984 Page Four D Consider adoption of an ordinance and service plan annexing a tract of land consisting of approximately 9,013 acres of land beginning approximately 70G feet east of Sherman Drive, (A-4), (The Planning and Zoning Commission recommends approval,) Ii. Consider adoption of an ordinance amending Chapter 13 of Appendix B - Zoning of the Code of Ordinances of the City of Denton to provide for the use of lots with less than the minimum area, width or depth requirements when such lots are iAdproved through the subdivision process; repeating all ordinances in conflict therewith; and providing for an effective (late. (The Planning and Zoning Commission recommends approval,) F. Consider adoption of an ordinance abandoning a portion of an existing 6" water line adjacent to the Dave Krause automobile dealership on West University Blvd, between Cornell Street and Malone Street, (The Public Utilities Board recommends approval,) 6, Resolutions; A. Consider approval of a concurrent resolution relinquishing all platting jurisdiction and zoning control over that portion of the Pecan Acres Addition situated within the corporate limits of the City of Denton, (The Planning and Zoning Commission recommends approval.) B. Consider approval of a resolution closing Windsor Drive from Old Orchard 'Grail to Durres Street and closing Old Orchard Trail from Windsor to Broken Arrow between the hours of 6;00 p.m, and 10.00 p,nl. on August 24, 1984 for a neighborhood block party, C. Consider approval of a resolution adopting official policies of the City of Denton and rescinding the Employees Rules and Regulations in conflict. 7. Consider approval of a financial advisory contract for the sale of bond and certificates of obligations, 8. Consider providing water/sewer service to Tri-Steel Structures Corporation development, west ora Highway 380 and Marsh Branch Road and approval Public 4ssoci~ eiles oversizing and pro rata agreements. (The Board recommends approval,) City of Denton City council lgenda August 21, 1984 Page Five 91 Consider providing water/sewer service to Storer Homes Inc, south of Highway 377 and Brush Creak Road, and approval of associated pYersizing and pro rata agreements, (The Public Utilities Board recommends approval.) 10, Official Action on Executive Session Items; A. Legal Matters B. Real Estate C. Personnel D. Board Appolot+nents 11. New Business: This item provides a section for Council Members to suggest items for future agendas, C E R T I F I C A T 13 1 certify ti,.. Lne above notice of meriting was posted on the bulletin board at the City Nall of the City of Denton, Texas, on the day of , 1984 at o'clock (a,m.) Tp, m, CI SECRETARY 14650 ' 30 CITY COUNCIL BUDGET WORKSHOP fuesday, August 21, 1984 TIME DISCUSSION RESPONSIBLE 8:3U a.m. Overview Chris Hartung Tax Base John McGrane New Fees Balance of Revenues Financial Forecast 9:30 a.m. Public Works Rick S v e h I a 8111 Angelo 10;00 a.m. Police Hugh Lynch 10:20 a.m. Fire Jack Gentry 10:35 a,m, Data Processing Gary ::ollins 10;55 a.m. Personnel Kathryn Usrey 11:10 a.m. Finance Department John McGrane Miscellaneous & Non Departmental Debt Service Fund Joint Funding 12:30 P.M. Parks and Retireation Steve Brinkman 12:45 p.m, Library Joella Orr 1:U5 P.M. General Government Betty McKean 1;25 P.M. Operations Analysis Ann bingman Word Processing Center 1:45 p.m. Planning and Community Development Jeff Meyer Contributions to Other Agencies 2:05 p.m, Legal Joe Morris 2:25 p,m. Utility System bob Nelson Electric Water and Sewer CITY COUNCIL MINUTES wr April 10, ItS4 The Council convened into a work session at $130 pm in the Civil Defense Room. PRZSKNTI Mayor Stewart; Mayor Pro Ton Riddlespecgerl Council Members Alford, Harton, Chew, Hopkins, and Stephens City Manager, City Attorney, and City Secretary ASSENTt None 1. The Council received a report on fire inspections for small businssaea. City Manager Chris Hartung reported that information on this pro- gram, Including a letter from the Fire Marshal, had been forwarded to the City Council in the agenda backup material. The fee systea was a result of last year's fee study and was in response to the need to tie the coat of the service to the recipient, Council Member Hopkins asked if there was a definite schedule of items to look for in the inspection. City Manager Hartung responded yes; Fire Marshal Hagemann trained the inspectors and provided a checklist of items. Council Member Hopkins stated that he had received seven calls from businessmen who did not think the program was worthwhile. The comment had been made that the inspector walked in, looked for a fire extinguisher, and charged $15.00. Mayor Pro Tea Riddlesperger stated he believed a thorough inspection done by a competent inspector would be worth $15,00, The infor- mation in the backup material would indicate that complete in- s-,actions were being done. Couneilaamber Alford and Mayor Stewart both stated that they had received ove complaint regarding the program. Councilmember Hopkins asked if those inspections had been done before. City Manager Hartung replied that courtesy inspections had been pro- vidad on a more-or-less request basis with no charge. The fee cow being assessed was a result of the cost o. service study. Council Member Hopkins stated that the Fire Department should keep a log businesses inspected to see if the inspections did result in less fires. Mayor Pro Tom Riddlesperger then asked if there was a city ordinance dealing with the inspection of burglar bare on windows as a potential fire escape problem. City Attorney C.J. Taylor responded that there was no state statute setting standards for burglar bars or installation, Mr. Ernie Larson, Larson Electronics, stated that his business had been inspected and that he believed that Fire Marshal Hagemann had done a good job. However, since the inspection and the fee were mandatory, he felt this was double taxation. He summarized by say- ing that the inspections should be continued but the fee should be eliminated, Mayor Pro Tem Riddlesperger responded that the city was providing a special service to Mr. Larson as a businessman and that everyone paid taxes. Milting OfnApril11~1,C19g{il Minuter page TWO Mr. Larson replied that only businesses had to Pay while homeowners received the nspeotioa Service for free, Th• ppfCeO oft conducting St they had time to the inspections were on the city payroll, pertora the inspection$ now, why weren't they done before, Firppe other Hay4~sann responded that additional people in the Fire Do acertdhad been trained to perfor~x the inspections but they alto has vice Labut n that stated h• did not believe id ththe at buspinessmenw should ohave Sto PAY. busPaid iness awas beinghlnspeated , the Department everyone Maor support tthe stated that owner Should PAY. Council Member Stephens asked how many homes requested the inspection, city manager Hartung responded he did not know. Some adoptive a- gencies required homes to be inspected, Council something Member Hopkins etdtendtthat hthed8dtafftandlcounoilemlghtrbe was being handled properly dono, butatabs shoueld beakaPt toe 606 If the saint more thatharm Should begood, program did reduce flrea in businesses. n of a, The Council reostaxes abyreport City tof Denton Land theoDenton and delinquent property Independent School District (DISD). had • plated anaHeerhadHartung regardiny Spokenreported a lbert Bernstein rot ithe DISD been the collection and billing of property taxes. Mr. Bernstein felt it weuln bepostwo or ltion fothree bill years before the Tax Appraisal District would Council iAember Hopkins asked why this would take so long. City Manager Hartung responded that the Tax Appraisal District was still setting up and getting policies and procedures in place and felt that they should not take on any new tasks at this time, t It asyallPof theminformationgwaseattthe Tax AppraisaldDistricte ao lung Council Member Hopkins asked why the district could not collect these taxes, str not city manager athe resonded TherDISDluss,J the tfidid rm of McCary, Huey, & Felker to collect taxes, This firm assessed a 151 fee on all collections, City Attorvoy Taylor and the City Manager recommendesyt a use and Terry Lewis for the collection of delinquent P oPe taxe utility bills, Mr. Lewis would notify of his intention to collect with one letter. Council Member Hopkins stated that De believed ththisthe Council should talk with the Tax Appraisal program. City of Denton Cityy Council Minutes Meeting of April l0, 1994 Page Three 71 The Council received a report on Cetlrso Insurance (HMO). Kathryn vsrey, Director of Personnel, Cavorted that in Pebruary the Council had asked her to look into an HMO for retirees and to bring back a report on the rate, This information was included in the backup material with '44 agenda, Council Member Hopkins asked what was re-insuranoe, vorsy responded that this was the point at which the City was no longer liable, to terms of claims, the Cityl: exposure would be much higher if retirees were added, The City would use the TMRS and Fire Fighters Pension Fund definition of the word "retiree, There were presently 24 retirees and 14 had been contacted regarding this insurance plan, Five of those contacted had indicated an interest, The cost to the City to fund the retirees insurance was based on adding five retirees each year and losing one each year. In 10 Years the City would be looking at a cost of over $2,000,000 to cover the rates. The additional cost of rs-insuranoe would be $400,000 on top of employee re-insuranoe. There had been 24 retirees in the last 5 years with s additional employees retiring this year and 14 employees eligible to retire, The cost of funding the retirees insurance would affect the City's financial statement. If the Council chose to fund the retirees insurance, the Staff recommendation was that thorough actuarial study be done. If the Council chose not to fund the retirees insurance, the Staff recommendation was to offer the HMO to retirees at their own expense. City Manager Hartung reported that he had consulted with Arthur Andersen 6 Co, about the funding of this retires insuranoe. if adopted, the City would have to approve payment for contingent . Siabilty. Council Member Barton asked if a fixed amount could be determined and set aside each month, Council Member Chow responded that there would then need to be two programs; one for current employees, and one for retirees, Mayor Stewart stated that he would like to see the City contribute something to the ratiress. Perhaps a certain amount could be allotod to each retirto until they reach the age of 65, 4. The Council received a'report on street repair expenditures. Assistant City Manager, Rick Svehla stated that Council Member Hopkins had requested a report on street repairs, maintenance, and budget considerations, The City had just gone through the worst 5 months of the year, especially the winter months, Dealing with the city streets was a cooperative effort between three divisions, There was $26,000 in the budget for drainage improvements with $5,000 already expended primarily on concrete and pipe. $250.000 had been budgeted on supplies and materials for street patching. $35,000 of this budgeted amount had been used and $60,000 would be used for the rest of the year, The staff was rocommending the purchase of a self-contained unit which could put down an additional 10,000 feet of asphalt per year. This expenditure would then leave $120,000 for overlay and seal coat. Crews had not been successful with crack sealing and would be using a new material. $190,000 had been budgeted for street construction. $164,000 was left in this budget with $125,000 of this money committed to oversize participation. Svehla then discussed projects which were underway at Bell, Nottingham, and Welch streets. 1 i City of Denton City Council Minutes Meeting of April 10, 1944 Page Four The Council convened into the executive s4eelon to discuss legqal matters, real estate, personnel and board appointments, No offioial action was taken, The Council then convened Into the regular meeting at 7100 pm in tie Council Chambers, i PRESENTI Mayor Stewartf Mayor Pro Tom Riddlespergert council Members Alford, Barton, Chow, Hopkins, and Stephens City Manager, City Attorney, and City Secretary ASSENTI None 1, Consent Agenda Hopkins motion, Barton second, that the consent agenda be appro-ro-t as presented. Motion carried unanimously, Consent Agenda) A. Bids and Purchase Ordersr 1, Bid N 9252 - Refurbish water tank 2. Bid N 9253 - Truckbsd and bodies 3. Bid N 9255 - Lightning mast 4. Bid N 9256 - Meter boxes and fittings • S. Bid N 9257 - Capacitors and sectionalixers 6, Bid M 925$ - Rental of pneumatic roller 7, Bid N 9259 - Road materials 8, Bid 4 9260 - Carpeting - Phase 1 remodel Bid N 9261 - Light fixtures 10. Bid 0 9262 - Lease purchase of equipment 11, Bid N 9264 - Exercise equipment B. Purchase Orders: 1, Purchase Order 9 62688 to Joe Cobler Sarvi,e Company 2. Purchase Order k 62747 to the Texas Safa;y Assooiation C. Plats and Replats; 1, Approval of the preliminary plat of Audra Estates, (The Planning and Zoning Commission reoommends approval.) 7.. Approval Addition. of (Tthe he planning r and 1 Zoning t Commission recommends approval.) i -l city of Denton City council minutes Mwinq of April l0, 1944 Page rive 3, Approval of the preliminary and final replete of lot 4 and the east part of lot 8, John A, Mann Is Addition, ('the Planning and Zoning Commission recommends approval.) 4. Approval of the preliminary and final replete of lot 3A, block 3, Heritage Oaks Addition. (The Planning and Zoning commission re000mends approval,) 5. Approval of the preliminary and final replats of lot 3 and 4, black S, Northwood Addition, Eighth Installment. (The Planning and Zoning commission recommends approval,) 2. The Council moved to the emergency agenda item regardlnq the situation on North Locust and Robert Sage appeared, Mr. Sage stated that he had appeared before the Council two or three times previously, and the purpose of this appearance was to update the Council on the situation. Mr. Sage distributed a handout of background material on the drainage problems at North Locust, (A copy of this information is attached to and made a part of Lhasa minutes.) Mr, Sage showed a video tape of the damages at his building, Mr. Says then stated that the city would not issue mandates to protect citizens, and it was the responsibility of the city to respond. city Attorney C.J. Taylor reported that he had spoken to the attorneys involved and this case would be set for trial. The city had reviewed the situation with the Building inspector's office, aria • had advised Mr. Sage that this was a party wall agreement disput*. If the east and west walls were removed, there would still be a problem as the drainage was under the north wall, council Member Stephens asked about the wall stating he thought that particular wall was blocked off. Mr. Sage stated that the wall was tilting at a 20 degree angle. Council Member Stephens stated that the city Engineer should take a look at this wall, Mr. Sage concluded by stating that he had placed before the Council a list of eight violations to the city's codes and ordinances and requested that they take action. 3. The Mayor presented the Texas Safety Association awards of achievement to various City departments. A. Award of Achievement; 1. City of Denton - Sanitation Department 2. City of Denton - Water and Sewvr Distribution e. Award of Merits 1. City of Denton - Administration 3 City of Denton - Electric Production 3. City of Denton - Parke and Recreation 4. City of Denton - Police Department 5. City of Denton - Public Works/Street Department 6. City of Denton - Water Production C. Award of Honor: 1. Entire City of Denton f' + city of Denton ciCy council Minutes Meetin? of April 10, 1911 . Palo S x } Mayor Stewart stated that he appreciated the efforts of city employees during the past year to win recognition from the Texas Safety Association, city Manager Chris Hartung recognized the efforts by John Maxwell, of the Emergency Management office, e, The Council heard No. Margaret Hubbard requesting sewer fees tot mobile home park, Mr, James Watson, owner of Silver Dome Mobile Home Plrk, apptated for Me, Hubbard and represented the mobile home park owners of Denton county, Mr, Watson stated that over 1,000 residents were protesting the sower, not the water, rate, Mr, Watson distributed information on the various mobile home parks and the average sewer bill from last month, and the current month, (This information is attached to and made a part of these minutes,) This increase represented a 50 percent increase over the city residents cat• structure, and was inconsistent In billing, It has been explained that rates had been raised and mobile home parks, having been overlooked, were being brought into line Mr. Watson stated that this increase did not take into accoun long-term leases. The mobile home park owners were being asked to hook-up the sewer at the owners expense, and the lines were being reverted to the city, Mr, Watson suggested that an average be taken of the mobile home parks inside the city limits, and this s)iould be considered when setting the rate, He was protesting the sudden increase In the rate, and that the rates in the county were 50 percent higher than those in the city. He felt that was unfair, Mr, Watson stated he wished to have the Council reconsider the ordinanoe and to spread the adjustment over a 3 or a year period. He did not believe that mobile home park residents should be made to correct an error made by the City. Mayor Stewart stated that there were concerns over the disparity in billing which needed to be investigated to assure that everyone was paying their fair share. Due to the oversight of the mobile home parks outside the city limits in the last two rate increases, they had gotten off "soot free," Those people being carved outside the city limits paid 160% because of the increased cost of service, Bob Nelson, Director of Utilities, repotted that when the staff reviewed the sawer rates, all were increased by 56% with some differences, The mobile home parks outside the city limits had been charged $2.50 per unit and were not changed In the last two rate increases. The staff had looked at average usage in residential homes, the number of people, the amount of flow per person, and the number of people in mobile homes in the county, The Public Utility Board and the City Council had agreed to charge those persons using City of Denton sewer service outside the city limits at the rate of 150%, Mr. Watson stated that he had visited with the people in the mobile home parks, and they felt they were not using 65,000 gallons of water, Mr. Watson asked if a meter could be put P.: ;ne wells. Nelson responded that this was being worked on now for those areas outside of the city limits. Some industries take water In and use it in process, The difficulty was to determine what goes back into the sewer system, A sewer flow meter could be added, Council Member Chew asked how the charges could vary so much. Council Member Hopkins stated that the increases were astronomical, and It appeared to be unfair to have implement them all at one time. Mayor Stewart stated that the Council could not subsidize one part of the City to the detriment of others. cif of Denton City council minutes Meeting of April 10, 1984 Pale seven Mayor Pr.o Tom RIWOOPerger asked it a plan Could be devlesd to allow these mobile hose residents to have the rate increased in Increments. Councilmember Stephens stated that the Council should give Bob Nelson an opportunity to study the report and rates as presented by Mr. Watson and to report at the nett council meeting. Nelson responded that he believed there should be a uniform increase. S, Public Hosting. A. The Council considered the petition of Doylen Conine, represeiltinq Checkmate Dew lopment Corp., requesting a ohaggqe in zoning from the single family 10 (SF-10) to the single family 7 ($F-7) classification on an approximatoly 34 acre tract beginning approximately 000 feet north of Old North Road, adjacent and south of the Kingston Trace Addition, and east of Northwood Addition. 2-1646 The Mayor opened the public hearing. Mr. Doylen Conine, President of Checkmate Development Corp., spoke in favor of the petition stating that he felt the proposed zoning was oompatable with adjoining properties. The engineer on the project would be available to answer any questions the Council might have, Mr, Lawrence Kelly, 2600 Emerson, spoke in opposition stating that residents of this area had appeared before the Council regarding this tract 15 years ago, The developer wanted to change from $F-10 to SF-7 with single family housing and apartments, This parcel had . been zoned as SF-10 and the residents were requesting the Council to consider their position, Access roads out of this tract to the city were Old North Road to University or south to Windsor and then to Sharman. The extension of the loop will not be constructed for 4 at 5 more years which meant that there was no adequate access In or out of this tract. Ms. Ruth Mintline, 1328 Heather Lane, spoke In opposition stating that she was not adjacent to this tract, but that she believe that property values would be affected. Me. Mintline stated that she had checked the zoning when sha moved to her home on Heather Lane, and that this was the third time in less than a year that the neighbors had had to come before the City Council to tight a zoning change. The neighbors did not want the zoning changed. Me. Heather White, 2757 Mill Pond Road, spoke in opposition stating that there were drainage problems in the area and asked the Council to not make a bad situation Worse. Ms, Sarah Jane Carter spoke in opposition stating that this tract was the only SP-10 zoning in Denton, Ms. Carter further stated that she has spend 9 years saving money to build a home in a SF-10 area to move out of SF-7. Mr. Sugens Akin, 116 Mill Pond Road, spoke in opposition stating that when SF-10 zoning was in effect there should have to be some Overriding justification to reduce to SF-7, The developer would make more money, but the residents should got some consideration. Mt. Conine was allowed to speak in rehuttal. Mr, Conine stated that Mr. Kelly had missed the latest Information on Loop 288. Contracts would be lot on that portion of the loop in November 1984. Windsor Street was an 80 foot thoroughfare and could handle the traffic, Developers heard the tome "we like it like it is,n Mr. Conine further stated that people do not like change, I City of Denton Cityy ounoli Minutes Nesting of April 10, 1961 page tight i seeing the sucoess of the Kinoton Trace Addition to the north, the 4eve10pets were asking for 20 aore$ to remain tined SD-104 and were asking tar the re-coning of an area that was adjacent to $!»7 toning In Kingston Trace, rho swal U.: lots were preferred by buyers in the marketplace. Mayor Pro Tom Riddlespergor asked how many more homes could be placed in the development if the area were toned s10-7, Mr. Conine responded there would be 251 More lots. Council Member Hopkins asked what would be the price difference between lots 20nsd SF-10 and lots SF'-7. Mr. Conine responded that the difference would be between $2,500 and $3,000 per lot. Council Member Hopkins asked about deed restrictions. Mr. Conine responded that deed restrictions were not currently in place. Council Member Stephens asked whether Mr. Conine was a developer or a speculator. Mr. Conine responded that he owned the corporation. Council Member Stephens asked if Mr. Conine would contract to custom build the houses or build them to be sold at a later date. Mr. Conine responded that the corporation would build a few houses for immedirte sale, but would build the majority of the homes as the land developed. Council Member Stephens asked Mr, Conine whether he was aware that the property was zoned SF-10 when he purchased it, Me Conine responded .1yes,ll Council Member Alford asked about the Old North Road access, and if there were plans to connect it with Windsor Drive. Mr. Conine rosponded that yes, the two would connect. Council Member Hopkins stated that the cost of a lot was a nominal charge when you are trying to maintain the integrity of a neighborhood. Mr. Conine responded that the trend was clear that the ultimate consumer preferred smaller lots, Council Member Stephens stated that there was a lot of property in Denton which was not zoned, and asked why Checkmate Development would attempt to down-zone this property. Mr. Conine responded that he did not believe the down-zoning would affect the property values, The Mayor closed the public hearing. Julia Moore, Planning and Community Development staff, reported that 19 reply forms had been mailed with 2 returned in favor and 1 in opposition. Adjacent property zoning was as follows: to the north k,, zoned SF-7; to the west was zoned SF-10; to the south was Zoned SF-10; and the property adjacent to the east was in the extraterritorial juriediction This development would be of low intensity. Drainage improvements would have to be made, but could City of Denton Cityy COUn011 Minuteu Mott of April 14, 1$$4 Paq N40 be addressed during the platting procees, The City 5n9ineer a,sd stated that subdivision rulso and regulations would take care of the drainage problems. Adequate utilities were in place. Old Ncath Road oould be extended, as it was a collector street, and acc*ss could be made thcoulh Windsor Drive which was an arterial stce+t. All other attests would be standard residential. There existed a 20 acre buffer zone between the $V-7 and B!'-10, Several large areas of I SP-10 gonad property existed in town that had never been developed. Council M$mber Alford stated that several o~( the people who tad spoken in opposition had chosen to build or buy in this area bec4luse of the SP-10 tuning, Council Member Hopkins asked whether the developer wished foe a motion to pass the ordinance, or to table the ordinance to give 'him an opportunity to work with the neighuoro. Mr. Conine responded that he would enjoy the opportunity to work with the neighbocs. The Mayor closed the public hearing, 1. The Council ocnsidsred the adoption of an ordinance approving a change in 7.oning from the single family to (SF-10) classification to the single family 7 (S!-7) classification on an approximately 34 acre tract beginning approximately 800 Stet north of Old North Road. Chew motion, Barton Second to deny the petition. Motion cac:ied unanimously, e . B, Council heard the position of eOm D. Jester, St., requesting a change in zoning from Single family 7 (SF-7) to the planned development (PD) classification for mini-warehouse use. Tha property to located at 316 Frame Street which is the east Sid# of Frame Street, approximately 250 feet north of East Molfinny Stca+t. Z-1617 The Mayor opened the public hearing. Me, Tom Jester, Jr, stating that the Council was familiar with ;his tract, as it had been before the Council in November for light in- dustrial zoning. He was now asking for planned development :or mini-warehouses, There were no traffic or utility problems. No one spoke in op;?esition, The Mayor closed tha public hearing, Julia Moore, Planning and Community Development Staff, Stated that 13 reply forms had been mailed with 1 returned in favor aa,t 0 returned in opposition. The adyacent zoning was as follower to the north is single family; to the south is single family; to the vest was light Industrial on mostly vacant areas; and to the east was single family. Utilities were available. This area wai a designated older area and protected by the Denton Development (amide so it consisted of mostly rental housing. Community Develo9,aent Block Grant funds had been spent in the past In this area, and more could be spent in the future, 1, The council considered the adoption of an ordinance approving a change in zoning from single family 7 (5.7-7) to the planned development (PD) classification for mini-warehouse use at 316 Frame Street. city of Denton Cityy Council Minutes Meeting Of Apt i1 10, 1944 Page Tan The following otdinance was preeentsdi NO. 84-34 AN ORDINANCE AMENDING THE ZONING MAP Or THE CITY OF DIINTON, TEXASr AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE Or ORDINANCES OF THE CITY Or DENTON, TEXAS, BY ORDINANCE NO, 69-1, AND AS SAID MAP APPLIES TO 316 rRAME STREET, DENTON COUNTY, TEXAS) AND MORE PARTICULARLY DESCRIBED HEREINJ AND DECLARING AN ErrECTive DATE. Hopkins motion, Alford second that the ordinance be adopted. On roll call voter Barton "aye°. Hopkins "aye", Stephens "aye", Alford "aye", Riddlesperger "aye", Chew "nay", and Mayor Stewart "nay." The ordinanoe passed 5 to 2 with Chew and Stewart oasting the "nay" votes. 6. Ordinances A. The Council considered the approval of an ordinance instituting annexation proceedings on a tract of land consisting of 25.99 acres located e,lst of the existing city limits along Highway 377, south of Brush Crook Road. Z-1641 Stephen motion, Chew second to proceed with the institution of annexation proceedings, on roll call vote, Barton "ays", Hopkins 'laye", Stephens "aye", Alford "aye", Riddlesperger "ays", Cho Faye", and Mayor Stewart "aye". Motion carried unanimously. . B. Council considered approval of an ordinance instituting annexation proceedings on a tract of land consisting of approximately 75.21 acres located west of Interstate 36-W, and north of Corbin Road Z-1645 Stephens motion, Chew second to proceed with the institution the annexation proceedings On roll call vote, Barton "aye Hopkins "aye", Stephens "aye,', Alford Riddlesperger "aye", Chew "aye and Mayor Stewart "aye". Motion carried unanimously, C. Council considered approval of an ordinance ammendinq Chapter 14 of the Code of Ordinances by adding a now article VI entitled Library, and providing that the failure to return library books and materials is a misdemeanor, Assistant City Manager Betty McKean reported that this or- dinance would allow the library to deal with the problem of overdue books and would also allow the City to take action. Council Member Stephens reported that he was reluctant to move to this extreme a measure, but the failure to return library materials did constitute the theft of City property, The fallowing ordinance was presented; NO. 64-35 AN ORDINANCE. AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES BY ADDING THERETO A NEW ARTICLE VI ENTITLED LIBRARY; PROVIDING THAT THE FAILURE TO RETURN LIBRARY BOOKS AND MATERIALS I9 A MISDEMEANOR; PROVIDING FOR A FINE OF NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. i yy Mc Of eeting ofnAprii110,C194 it Minutes Pale Eleven Riddlespetger motion, Barton seoohd that thean0ayebe adopted. On roll call vote, Barton "aYe". Hopkins andp mayor "Stewart Alford aye"."aMotionicartiidrunanlmouoly,Chev "aYe04 D. The Council Ocnsideced approval Of an Ordinance ammendment to require developers/owners of new subdivisions or planned development to install underground electrical conduit systems in lieu of paying diffetential estimates between overhead and underground. Bob Nelson, Director of Utilities, reported that when a r de payelthe differenoe. have Theunstaff unhadutbe•niesapproachedouby conduit In rlieudofg patheir ying thepidifferentgqialn The city %indorgtound would pull the wires. The following ordinance W46 presentedi NO, Se-36 AN ORDINANCE REPEALING SECTION 25-106 OF CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTONi ENACTING A NEW FACILITIES FOLLOWED TORN INSTALLAT25-106 ROFIDUN UOROUNDEDURE AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Stephens second that the ordinance be adopted. On toll call vote, Barton Hays", Hopkins ',aye", Stephens Hays". Stewart "aye". Motion carried Unanimously~w aye'. and Mayor e ' • E. The Council coneldered approval of an ordinance abandoning utility easements in Montecito del Our addition, Bob Nelson Director of Utilities, reported that after this development was completed, the staff discovered that they had Those ordinances would iabandon thesasutility easements, Line, on the front lot The following ordinances were preeentsdi NO. 84_ 0 AN ORDINANCE. PROVIDING FOR THE ABANDONMENT OP A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR 10 EXECUTE A QUITCLAIM DEED CONVEYING AL6 TITLE D INTEREST E CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE, NO. 84-38 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND TN HRIOHS, YO TITLE AND EXECUTE INTEREST Q P I THE I CITY EE CONVEYING ALL IN COIS BY EATHE OWNER SEMENT NVLYED Y SAID leASEMEIT; AND DECLARING AN EFFECTIVE DATE. cityy oc Deptop aieyy Coupon Minutes Msetlnq of April 10, 1914 Page Twelve I NO, 44-39 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY 00 DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND DECLARING AN EFFECTIVE LATE. NO. 44.40 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENTI AND DECLARING AN EFFECTIVE DATE. MO. 54-41 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND DECLARING AN ;EFFECTIVE DATE. 140. 94-42 . AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENTI AND DECLARING AN EFFECTIVy DATE. Stephens motion. Chew second that the ordinances be adopted. On roll call Vote, Barton "aye", Hopkins "ay6", Stephens "aye" Alford "aye", Riddlesporgor "ays", Chow "aye", and Mayor Stewart "aye". Notion carried unanimously. F. Council considsrad approval ammending Article 4.15-8, Subparagraphs 3 and 4 regarding water spread limit and street crossing flow, Assistant City Manager Rick Svehla reported that a month and a halt previously the staff had brought a similar ordinance before the Council. In discussions with the developers and the Planning and Zoning Commission, a compromise had been reached. This ordinance ammendment dealt with the water flow and the depth of the water in the street and had been discussed by the Development Review Committee and the Planning and Zoning Commission, Council Member Hopkins asked why the decision had been altered on commercial development. i Svehla responded it was felt that there was a large increase in the cost per lot and these limits would be appropriate. The following ordinance was presented: City of Denton City council minutes meeting of April 10, 1984 Page Thirteen No, 84-43 j AN ORDINANCE AMENDING APPENDIX At DENTON DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY CHANGING THE PERMIS- BIBLE WATER SPREAD DESIGN STANDARDS FOR CERTAIN TYPE STREETSI REPEALING ALL E ORDINANCES IN CONVICT NEREWITHI AND PROVIDING FOR AN EFFECTIVE DATE. Riddlosperger motion, Alford second that the ordinance be adopted. On roll call vote, Barton "aye", Hopkins "nay", Rtephens "nay", Alford "aye", Riddlesperger "aye", Chew "nay". and Mayor Stewart "Aye." Motion carried 4 to 3 with Hopkins, Stephens, and Chew casting the "nay" votes. 0. The Council considered the adoption of an ordinance canvassing the results of the April 7, 1904 City Officer elections and ordering a run-off election if required. The following ordinance was presentedi NO, 94-44 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON APRIL 7, 1984. Barton motion, Chew second that the ordinance be idopted. On roll call vote, Barton "aye", Hopkins "aye stephans "Iye", Alford "aye", Riddlesperger llaye", Chew "Aye", and Mayor Stewart 'lays", Motion carried unanimously, 7, Resolution* A. The Council considered the adoption of a resolution providing payment of the budgeted amount of $40,209,82 from the Oeneral Project Fund 0810 to the Greater Denton Arts Council for the refurbishing and construction of the old diesel plant and warehouse, City Manager Hartung reported that some council members would recall that the City had committed to contribute $36,000 of the Community Development Block Grant funds to an account for the Greater Denton Arts Council. The amount above reflected that $16,000 plus interest, The following resolution was prevented; R E S 0 L U T.1 O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Manager is hereby authorized to provide from the General Project Fund No. 810 the sum of Forty Thousand Two Hundred Nine Dollars and Eighty-Two Cents 1540,209,82) to be used by the Greater Denton Arts Council to refurbish and construct the Old Diesel Plant and Warehouse. PASSED AND APPROVED this the 10th day of April, 1984. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS City of Denton City Council minutes Meeting Of APtil 10, 1994 Page Fourteen E ATTESTS i C AL E A LIN, CITY SZCRT-99-7 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL POW C, J, TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS By: i Stephens motion, Hopkins second that the resolution be passed. On roll 0611 Vote, Barton "dye", Hopkins °ayH". Stephens "aye". Alford "aye", Riddlespergec "aye", Chew "dye", and Mayor Stewart "aye". Notion carried unanimously, D. The Council considered adoption of a resolution approving the Issuance of bonds by the cit of Deatoa Industrial Development Authority to finance a project for FWD Development Co„ Ltd. City Manager Hartuni reported that this project had been pce- previously discussed. Mr. Nolan Brown and his attorney were available to answer any questions the Council might have, The Denton Industrial Development Authority had met and approved this resolution, The following resolution was presented: R E S 0 L U T 1 O N WHEREAS, by revolution the City Council (the "Governing Body") of the City of Denton, Industrial Development Authority (the "Corporation") as a nonprofit industrial development corporation under the provisions of the Development Corporation Act of 1979, Article 5190,6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"): and WHEREAS, by resolution adopted on April 10, 1984, the Corporation agLeed to issue bonds to finance the cost of a commercial d,3velopment facility for FWD Development Co„ Ltd, to accomplish the specific public purpose for which the Corporation was created; and WHEREAS, in accordance with the terms of the resolution to issue bonds, the Corporation now desires to provide for the issuance and sale of its Industrial Development Revenue Bonds, Series 1984 (FWD Development Co, Ltd. Project) (the "Bonds"), in the maximum aggregate principal amount of $1,500,000, by adopting a resolution substantially in the form attached hereto as Exhibit •'A" ("The Resolution"); and City of Denton City Council Minute "Nebo? of April id, 19$1 . Page Pitteri { WHEREAS, Code pursuant of X964, as )(the of the Internal RCoevoomo has conducted a public hearing following reasonable l+ublic notice with respect to the bonds and the Project and has submitted to the Unit certified minute entries containing the proceedings from such hearing which proceedings are attached hereto as Exhibit WHEREAS, in order to satisfy the requirements of section 103(k) of the Code, it is necessary .tor the unit to approve the Bonds after the public bearing is conducted; WHEREAS, the hot provides that the Governing Body rust, by resolution adopted no More than sixty (40) days prior to the data of delivery of the Bonds, specifically approve the resolution of the Corporation providing for the issuance of the Bonds? NOW, THEREFORE. BE IT RESOLVED BY THE CITY C~XNCIL OF THE CtT1' OF DENTON, 'CHAT: The Resolution of the Corporation providing for the sale and isuance of the Bonds, substantially is the form attached hereto as Exhibit "A", is hereby approved. PASSEL) AND APPROVED this the 10th day of April, 1944. city manager Hopkins motion, Alford second that the resolution be passed. On roll call vote, Barton "aye", Hopkins "aye", Stephens "aye". Alford 'Jaye". Riddlesperger "aye I, Chew "ayo", and Mayor Stewart ^aye,'. Motion carried unanimously. 4. The Council considered approval of a contract with the law firm of Lloyd, Gossellnk & Ryan to represent the City of Denton with respect to the pending application for a Texas Department of Health land fill permit, Assistant City Manager Rick Svehla reported that in previous discussions it had been suggested to hire a firm to represent the City in the landfill permit application process. Council Member Hopkins aske3 why the City needed to hire this firm. Svehla responded that this firm had handled many landfil'. permit applications with the State Health Department and would expedite the process. Riddlesperger motion, Stephens second to approve the contract with Lloyd, Gossellnk & Ryan. Motion carried unanimously. 9. New Business 1. Council Member Stephenr, asked for a report on the thoroughfare plan. 2. Mayor Pro TOM Riddlesperger asked for a report on burglar bare on window and the licensing of installers. 3. Council Member Hopkins asked for a report on utility demand charges on various user Hiles, City of Denton City Council Minutes Meetinq of April to, 1964 Peg* Sixteen 4. Council Member Hopkins asked for a report on the street and What the staff proposed to do. 51 Council Member Chew requested a report from the Elow Hospital 9oard of Directors. to, The oath of office was administered to newly eleoted City officers. City Seoretary Charlotte Allen administered the oath of office to Mayor Stewart, Council Member Hopkins, and Council Member McAdams. it. The Council than reconvened lato the executive session to discuss legal matters, real estate, personnel, and ttoard appointments, No official actions WAS taken. With no further items of business, the meetinq was adjourned, RICHARD 0, STEWART, MAYOR CITY Or DENTON, TEXAS CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS 0211) • CITY COUNCIL MINUTES April 11, 19$4 The council convened into a work oesslon at SOO pm in the Civil Defense Room, Pk HSSNT,. Mayor Stewartl Council Members Alford, Chow, Hopkins, McAdams, and Stephens c City Manager, City Attorney, and City Secretary E ABSENT; Mayor Pro Tom Riddlespergor 1. The Council received a report on the west wing renovation 111 project. Ann Bingman, Program Administrator, presented the completed plan which designated the locations of the various departments in the renovated area. Kingman stated that the Phase 1 renovations were near completion and personnel would be relocating into the area during the first two weeks of gay, The Cashiering Division woulJ have sufficient room for growtn and it was felt that a good job has been done in meeting the various needs of the City Attorney's office. There did appear to be a crowding problem In the Customer Services portion of the wing. As there did not apppear to be room for growth, the space available would have to be functionally utilized, Binpan reported that the staff would review the space needs of the customer Service Division once the transition to the west wing was made, The financial status of the project was very favorable and all renovations could be completed with available funds. The Phase 11 renovation project would begin immediately after the completion of Phase 1. 2, 'rho Council received a status report on the 1981%1t Development Guide Update. Jeff Meyer, Director of Planning and Community Development, reported that the staff had put together several Issue shoots. The Community' Development Block Grant area did not need to be covered in the Denton Development Guide, Steve Panning, Planning and Communi"y Development staff, reported that more maps had been prepared ens, the most Important use of the Development Guide was to reflect the City Council's wishes regardta; the growth of Denton. Council Member Hopkins stated this was only a guide and should not be set so formally that you could not deviate, Mayor Stewart stated that the Council should not deviate too much so as to ruin the continuity of the Guide, Council Member Chow stated that the Denton Development Guide cr•.14 not be made so dogmatic that it was not be flexible. It was only a guide and the Council had the final authority. Council Member Hopkins stated there were some issues which were rery tougn and did not want the Council to appear as "ungrowth" mindeJ. In some cases this could be very detrimental, Panning stated the staff needed clarification on issues and there was no short way to go through these issues, Council Member Stephens asked if the Council needed to go through the issues at one time or could they piecemeal them. Council Member dopkins stated ne would like the staff to comment on c each issue, i City Manager Hartung stated that the Denton Development Guide vas i different from documents in other cities as it was flexible. Th•r Council needed to consider the balance of what made economic sense now and what would make economic sense 20 years from now. There •was no desire on the part of the City to prevent growth but rather to direct it. City of Denton City Council Minutes Meeting of April 17, 1984 Page Two Mayor Stewart stated that an example of the need for this direction was the apartments on Teasley Lane which now had sewage problems. The Council needed to learn from this mistake, At the present time, the majority of mobile homes were being located in the southeast portion of town and the Council might want to consider a percentage type totting for separate areas, There was also a need to protect the traffic moving streets in Denton. Steve Fanning, Planning and Community Development staff, stated that the procedure for the update to the Denton Development Guide would be that it would go back to the Planning and Zoning Commission for several sessions. The Council could call a joint work session with the P A Z if that was their desire, Intensity maps could be used for sewer planning, park planning, etc. and not just toning, Council Member Hopkins stated that the City had been caught short in a couple of areas and that he would like for Panning to comment on each of the issues, Panning then began the discussion on the issues Individually, Issue 11 dealt with the clarification of what types of projects fell under the Denton Development Guide category called "Apartment Policies". Manning stated that there were site specific policies for low and medium density areas but how did the Council wish to define apartments, Currently, the Guide defined apartments as anything above 12 units per acre. It was the consensus of the Land Use Planning Committee that this was an accurate definition. The Council consensus was to concur with the Land Use Planning Committee, Issue 12 dealt with access required for high density housing, Panning reported that the Guide currently suggested that apartments or high density housing nave their accesss In moderate intensity areas via major thoroughfares, and in low intensity areas access should ue by collector streets or larger, The Council then discussed the need for high density housing to have access to or through collector streets, No consensus was reached, Issue 43 dealt with the clarification of the intent of the policy to have s~riet site design reviews for all projects within one block of existing single family dwellings, rho Intent of this policy was to protect the character of the neighborhood, Panning reported he did not believe it was the City Council's job, or the staff's job, or the Planning and Zoning Commission's job to design a development, It was the responsibility of the architect and did not feel the Guide could require specifics but rather could recommend, Council Member McAdams asked if dovtiopers could be encouraged to protect the character of adjoining neighborhoods by specific wording in this provision. In some Instances, it would be appropriate to have a front yard in a business or office area and in some instances, it was not appropriate, Council Member Hopkins stated he agreed with Council Member McAdams and would encourage this provisional wording in the Denton Development Guide, Issue 14 dealt with the clarification of the policy on apartment concentrations in low and moderate intensity neighborhoods Steve Fannning reported that the Guide's intent was that the vast majority 1 1 of concentration in low intensity areas would be less than 200 units with S00 units concentration only for unique sites. The same Intent applied for the moderate guideline for S00 to 1,000 units, The recommendation was that the concentration be specifically defined as SOS of the length of the neighborhood or one-half mites whichever was less. City of Denton Cit Council Minutes Meeting of April 17, 1983 page Three Issue YS dealt with the policies for mobile home parks. Fannin; reported that the Guide specifically addressed mobile home parka only in regard to housing diversity. Mobile homes are considered one form of diversified housing, The Guide suggested that diversity be encouraged all over town and not concentrated in any ono area. The recommendation was to add a policy statement that 300 new mobile hone units would be permitted between 1983 and 1986 in each of tht four quadrants of the City, It was also suggested that the current { apartment policies be utilised for mobile home park utiliaatioa, policies. r Issue e6 dealt with the Guide's priority policies. Fanning reports., that this portion of the Guide dealt with the preservation od existing nouse styles in low and moderate Income areas, Tht recommendation was to continue to the current policy which was t very strict and narrow interpretation of the housing criterta including a planned development site plan requirement to Include a design compatible In architectural scale and site plan. Council Member Hopkins stated tnat he would not be In favor of a particular area of town remaining all residential if the roof aa.d walls were falling in on the homes and the land could be used fa-r commercial or other uses, Item 07 dealt with the clarification of the intent of the policy -yl diversified housing which stated it should be available in at. sectors of the City and also suggested that one housing type should not be concentrated in any one sector of the City, Fanning recommended that th9 Intent of this policy was that all areas of town would have some apartments, some housing, some mobile hoses, etc. The practice was generally that this type of housing was n,rt allowed In some parts of town such as the northeast part of Denton. un the other hand, areas such as east Uenton were being allowed develop much as the market dictated, The recommendation was that the current policy should be strictly enforced and equally applied to all low intensity planning areas. It was also recommended ,o allow limited amounts in all neighborhoods but to prohibst concentration in any one neighborhood, Stem 08 dealt with the commercial/office development on Carron Boulevard. The current policy stated that Carroll Boulevard w.es intended to be a major nortn/south thoroughway and maintaining r.Jt, througnway traffic flow was of a high priority; therefore, commercial zoning of Carroll Boulevard would be strons.• discouraged, The recommendation was to reconfirm and enforce site current Guide policies. issue M9 dealt with the new southern alignment of Loop 288 and et,e corresponding medium intensity areas, Fanning reported that the platting of the Lakewood Estates Mobile home Park had raised ta:e question of the alignment of Loop 288, The northern boundary f this subdivision was on tote proposed alignment. The conclusion ;,f the platting/planning process was not to require Loop 116 ri,nt -of -way and to move the alignment further south, °"Ie recommendation was that the alignment be changed to hickory Creel: Road and the two current medium intensity areas on Ryan Road were recommended to be moved to Teasley Creek and to Ft, Borth Drive Favd Brush Creek Road. issue 410 dealt with the Bell Avenue right-of-way and functI,)aaI designation from McKinnoy Street north. Fanning reported that my road which was a continuous link across the City was In most cases functionally serving as a major arterial, The recommendation was to set a definite rignt•of•way policy as decisions must be made .n platting, the elimination of Bell as a major arterial north of McKinney would have some negative City-wide land use impact due to the limited options available for north/south major arterials v ~ City of Denton City Council Minutes Meeting of April l7, 1964 Page Four Issue #11 dealt with the Mingo Road rtght-of-way, panning reported that Min o Road was designated a major thoroughfare in the 1974 plan, he 1981 Denton Developmen Ouids called for Mingo as a secondary arterial and recommended right-of-way of 60 feet to 80 feet, The 1984 Plan Update changed Mingo to a major arterial, The Engineering Department has stated that Mingo Road did not carry enough traffic to classify it as a major arterial and felt that the classification should be downgraded, The recommendation was to revert back to the 1981 plan designation of Mingo Road as a secondary arterial. Council Member Hopkins stated that he disagreed that Mingo Road should be downgraded. 3. Due to lack of time, the Council did not convene into the Executive Session, The Council then convened into the regular meeting at 7100 p.m. in the Council Chambers, PRESENT: Mayor Stewart; Council Mewl>~rs Alford, Chew, Hopkins, McAdams, and Stephens City Manager, City Attorney, and City Secretary AHSHNT: Mayor Pro Tom Riddlesperger 1, The Council presented a retirement plaque and resolution in appreciation to Alberto Silva. The following resolution was presented: RESOLUTION IN APPRECIATION ALBERTO SILVA WHEREAS, Alberto Silva is retiring after 20 years of dedicated service to the City of Denton since his employment on March 2S, 1964; and WHEREAS, during his career with the City, Alberto Silva has consistently maintal!ted an attitude of cooperation and dedication with the stated goals of the Denton Municipal Utility Department of the City of Denton; and WHEREAS, Alberto Silva has responded to his duties in a loya', trustworthy, and extremely faithful manner, in a spirit of cooperation with his fellow employees, and in the best Interests of the citizens of the community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; That the sincere and warm appreciation of the City Council be formally conveyed to Mr, Alberto Silva in a permanent manner by spreading this Resolution upon the official Minutes of the City Council and forwarding to him a true Copy hereof. PASSED AND APPROVED this the 17th day of April, 1984, RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS i Meeting 0;nAprilli7,C198°jil Minutes page Five ATTESTI E CITY OF DENTONTEXAB APPROVED AS TO L34AL FORM: , CITY OF DENTON, TEXAS Steeilens aotion, Chew second that the resolution5bephensed'ayeOi rcll call vote McAdams aye , Hopkins aye , Alford "aye", Chew "aye", and Mayor Stewart "aye". Motion carried unanimously. 1. The Council presented a retirement plaque and resolution of appreciation of Lewlr G. Gentle. The following resolution was presentedr RESOLUTION IN APPRECIATION LEWIS G. GENTLE WHEREAS, dLewis 04 Gentle is edicated service to the retiring of ter sinces his employment on February 10, 19701 and (I, Gentle has WHEREAS, cdurin his career with onsistently maintained aneattitudeeofscooperation and dedication with the stated goals of the Denton Municipal Utility Department of the City of Denton; and WHEREAS, Lewis G. Gentle has responded to his duties In a loyal, trustworthy, and extremely faithful manner, In instheibest Interestsoofwthe clitiaenslof employees, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the sincere and warro appreciation of the City council be formally conveyed to `i~hiswis 6, Gentle I n a permanent manner by spreading Council and Resolution upo the orwarding to himlautrue copy hereof. f PASSED AND APPROVED this the 17th day of An"'', 084. RICHARD 0. S b A , CITY OF DENTON, TEXAS ATTES T i CHARLOTTE ALLEN, CITY SECRE'fAR CITY OF HNTON, TEXAS APPROVED AS TO LEGAL FORH: -'7 R R., A CITY UP UENTON, TEXAS City of Denton City Council Minutes Meetingg of April 17, 1984 Page Stx I Stephens notion, Hopkins second that the resolution be passed, Alfordl'aye,',voChewcAaaye",aand MayornsStewart Saye'e,n' Motion carried unanimously, b, Presentation of a plaque and resolution of appreciation to Jack Q. Barton, The following resolution was presented; RESOLUTION IN APPRECIATION "JACK Q. BARTON" TO ALL TO WHOM THESE PRESENTS SHALL COMET WHEREAS, the Council of the City of Denton is losing one of its most valued members, JACK Q. BARTON, who was elected thereto in April, 1982; and WHEREAS, JACK Q. BARTON has exhibited outstanding expertise, along with hard work and an exceptional ability to solve problems, and has gained the respect and admiration of the citizens and staff of the City of Denton; and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding services of JACK Q. BARTON, and seek his future services and continued support which we know will be forthcoming; Now, THEREPORE, BE If RES LVED BY THE CITY COUNCIL OF THE CITY OF DENTON: that the City of Denton does hereby officially and sincerely extend its best wishes to JACK Q, BARTON for a long and successful career as a member of our community, and as a civic leader; BE IT FURTHER RESOLVED, that the City Council of the City of Denton, acting on benalf of the citizens and staff, wishes to acknowledge with grateful appreciation the services of JACK Q. BARTON and the devotion he has given to the City Council of the City of Denton, and order that this Resolution be made a part of the official minutes of this Council to be a permanent record of the City, that a copy be forwarded to him, the said JACK Q. BARTON, as a token of our appreciation, PASSED AND APPROVED this the 17th day of April, 1984, RICHARD , CITY OF DENTON, TEXAS ATTEST; CHARLOT E AL L, , TY~EG'FFH1'xAY CITY OF DENTON, TEXAS i APPROVED AS rO LEUAL FORM: l:. J, lA LU , R„ i CITY OP DENTON, TEXAS City of Denton cityy Council Minutes Meeting of April l7, 1984 Page Seven Stephens motion, Hopkins second that the resolution be passed. On roll call vote McAdams "aye", Hopkins "aye", Stephens "aye", Alford „aye", Chew "aye", and Nay or Stewart "ayeMotion carried unanimously. The Mayor presented a proclamation to Silvia Pletcher declaring the Week iI representingiche-Auxiliary of the rDentonC untyeMedical Society. was l The Mayor presented a proclamation honoring National Fitness Testing Meek. The Mayor presented a proclamation honoring Volunteer week. 4. Consent Agenda carrl d uaahln. the consent agenda be approved as Stephens ,notiMotion on, Chow scond Consent Agenda; A. Bids and Purchase Orders: 1, Bid 09263 - Electric Meters 8 Sockets 2, Purchase Order Y 62925 to Xusto% Electronics in the amount of $8,415.00 B. Plats and Replats: 1. Approval of the final To lot of lots 2 and JA, Owsley Park Addition, {The Planning and Zoning Commission recommends approval.) C. Tax Refunds: 1. Approval of a tax refund in the amount of 3546. 89 to Olney Savings Association. 2, Approval of a tax refund in the amount of 3391.41 to the Coca Cola Bottling Company, 3. Approval of a tax refund in the amount of $311.19 to Mr. Thomas Jameson, 5. The Council receleved a report on TJIPA activities by the City of Denton TMPA Board of Directors representatives, Roland Vela, TIMPA Board of Directors, distributed to the Council an activities and conditions report, Vela read excerpts of a report prepared by Gibbons Creek Plant management stating that the management of TMPA had identified several problems, The cone:-rn was that all of the coal at the Gibbons Creek Plant was noc 11eing reppermit ort d athatththeoTMF i !,ad had furtherthe expect dtime Vela renew lower harvested, BTU than was designated which areas of coal would not be disturbed, ro u~e- u plan sufficient coal seaoiidtunit mineninththef same areahwith addit, onas for the next five yea had been reorient:, coal being harvested, 'The mine planning there was sufficient coal for unit one for an entire lifetime, SO Dr. Vela further reported that the generator had been down f IT days for a turbine overhaul but would operate for the next 13 z cnths before the next overhaul outage. Council dfember Stephens stuted that the last two times Dr. Ve` ining reported the Council he had raised questions on the ning operation, Stephens asked if Vela was now satisfied with the n; operation, Clt of Denton City Council .Minutes Meetinf of April 17, 1984 Page Eight Vela responded no felt better about it now, Mayor Stewart reported that one alternative to mine more coal would 1 be go lower but this was not cost feasible at this time. gxtenslve f wear was found during the turbine overhaul on the ceramic and porcelain parts, This was caused by the coal not being completely pulverized, out crews had been instructed to check on this during the next outAfe. Some damage had been sustained to the outside of the plant during the cold weather as it was not built to withstand those low temperatures. Stewart further stated that he did not see the same problem as Dr. Vela did with the unharvested coal and that new technology in the future might make this feasible, Council Member Stephens expressed his appreciation to the representative for the time and effort they had given to TMPA and in bringing the report to the Council, Dr. Vela concluded his report by stating that the Commanche Peak Nuclear Plant was behind schedule and slightly over budget, b. The Council considered the emergency agenda addendum of the presentation of the annual report of the Chamber of Commerce Convention and Visitors Bureau, Tommy Caruthers, President of the Convention and Visitors Bureau, reported this was the finest year that they had had. Highlights included that 31 of the hotelimotei occupancy tax was golnq to the Bureau and that 3S0 additional rooms had been added and three new hotels, The Bureau was working on a tour bus program and with the Fairgrounds Association to upgrade the facilities or for having to relocate the fairground facility, A convention center was in the works. Caruthers concluded by stating that tourism was a $40 million industry in Doa;on County. Council Member Alford stated that these were the payoffs of a good working relations between the City and the Chamber of Commerce, 7, Public Hearings A. The Council considered the petition of Clovis C. Morrisson, Jr„ representing the Greater Denton Arts ;oU..cll, requesting a change In zoning from agricultural (A) to the planned development (PD) elassIf lcation on an approximately 34,8 acre craet beginning adjacent and west of Loop 288 and adjacent and ea t of Mockingbird Lane, approximately 1,400 feet south of Audra Lan:, if approved, the planned development (),D) would permit the fol. )wing land uses; (1) Light industrial tLl) land use on approxii 1tely 11,7 acres beginning along the Loop 248 frontage (2) Moderate density residential land uses a. a maximum dens lcy of eight (8) units per acre on the balance of the tract. 2•ibSO The Mayor opened the public hearing, Clovis Morrison, representing the Greater Denton Arts Council and on behalf of Channel 2 and the TWU Foundation, spoke in favor of the petition stating the intent was to get the land in shape to sell It, The Planning and Community Development staff has suggested a planned development overlay on the light industrial zoning with a reenbelt between the residential ar,d the light industrial area of 10 feet, This was agreeable to the partles concerned as well as the density of eight units per acre on the balance of the tract. Dr, Mary Evelyn Huey, President of Texas Woman's University, spoke in favor of the petition slating she endorsed Mr, MorrIs9onIs statement and wanted to be put on record In support of the petition, City of Denton City council Minutes Meeting of April 17, 1984 Page Nine No one spoke in opposition, The Mayor closed the public hearing. Denise Spivey, Planning Technician, reported that 11 reply forms had been mailed with 3 returned In favor and 0 returned in opposition. staff had Sul ested a planned development zoning as eleven acres of the tract would be used as light industrial zoning with 23.1 acres used residentially, The land was now vacant. The Denton Development Guide designated this as a low intensity area. Traffic E access was available to Loop 288 and Mockingbird. Adequate public utilities were in place and available. Drainage was not available on the tract at the present time but would be handled through the platting process, Mockingbird Lane was a low density residential neighborhood but It was unlikely that the Loop 288 portion would develop as residential, There were no immediate plans to develop. The petitioners had agreed to the planned development for the entire tract, Inert had only been one opposition voiced at the public hearing before the Planning Commission, 1. The Council considered adoption approving a change in zoning from the agricultural (A) to the planned deve.l,opment (PD) classification on an approximately 34.8 acre tract beginning adjacent and west of Loop 288 and adjacent and east of Mockingbird Lane, approximately 1,400 feet south of Audra Lane, The folzawiz1 ordinance was presented; NO. 84.45 AN OR1'INAilCii AMENDING THS ZONING NAP OF THE CITY OF DENTON, T'.4AS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF gRDINAHCES Of THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.1, AND AS SAID MAP APPLIES TO APPROXIMATELY 34. 8097 ACRES OF LAND OUT OF THE M.E.P. 4 P.R.R. SURVEY, ABSTRACT N0. 927 DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBS6 HEREIN; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Stephens second to adopt the ordinance with the conditions as recommended by the Planning and Zoning Commission. Oa roll call vote McAdams "aye", Hopkins "aye", Stephens "aye", Alford "aye", Chew "aye", and Mayor Stewart "aye". Motion carried unanimously, B. The council considered the petition of John Linn Smith requesting a cnange in zoning from agricultural (A) to sing le famlly (5F•10) on an approximately $2.64 acre tract beginning adlaeent and east of Westgate Drive and adjacent and west of Bonnie Brae Street, approximately 1,OoS feet north of Payne Drive, Z•16SI This item was removed from the agenda at the request of the petitioner. 8. Ordinances A. The Council considered approval of an ordinance repealing and reenacting Article 111, Chapter 23 of the Code of Ordinances of the City of Denton, Texas, relating to mobile names, mobile home parks, and travel trailers; providing a penalty of a fine riot to exceed $200; presiding a severahllity clause; tepealing all ordinances in conflict herewith; and declaring an effective :ate. Charlie Watkins, Senior Planner, reported that this was a Iecgthy document. The Planning and Zoning Commission had considered this ordinance at a prevlous meeting and felt that the choinges sere nd % consistent with the recommendation from the joint Plai.ming Zoning Commission/City Council meeting. e City of Denton City Council Minutes Meeting of April 17, 1984 Page Ten 1 Council Member Hopkins stated that he still had too many questions to be answered and would like to meet again with the Planning and Zoning Commission, There were several changes which he wanted to discuss with the City Attorney. Hopkins motion, Chew second to table the ordinance and to hold a work session with the City Council and the staff before reconsidering the ordinance, Notion to table passed unanimously, I B. rho Council considered adoption of an ordinance amending Article 1,03 of Article 11, Chapter I of Ordinance 083.70 pertainin to subdivisions and development In the City of Denton's extraterritorial jurisdiction to provide that all development shall meet City standards and declaring an effective date, Charlie Watkins, Senior Planner, reported that Denton was experiencing in and outside of the City limits, The staff had looked at various tools to control growth such as annexations and the extension of utility services. The state Attorney General had issued an opinion which would provide a new method of control for the City other than future annexations. The following ordinance was presented; NO, 84.46 AN ORDINANCE AMENDING ARTICLE 1,03 OF ARTICLE ll, CHAPTER I OF ORDINANCE NO, 83.70 PERTAINING TO SUBDIVISIONS AND DEVELUPMENT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION TO PROVIDE THAT ALL DEVELOPMENT SHALL MEET CITY STANDARDS AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alford second that the ordinancq be adopted. On roll call vote, Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye", Chew "aye", and Mayor Stewart "aye", hfotion carried unanimously, C. Tne Council considered adoption of an ordinance setting a date, time, and place for public hearings on the proposed annexation of approximately 31,44 acres of land beginning at Swisher/Shlloah Road, A-1 Charlie Watkins, Senior Planner, presented a map of the area which is located at Mayhlll Road and 111.35, Watkins reported there were two manufactured housing subdivisions in this area, Staff was proposing the first public hearing be held on May l and the second public hearing be field on May 22, The following ordinance was presented; NO, 84-47 AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THS CITY OP DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING, Stepnens motion, Chew second that the ordinance be adopted, At1 roll call vote, Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye", Chew "aye", and Mayor Stewart "aye", Mot ion carried unanimously, D, The Council considered adoption of ar, ordinance setting a date, time, and place for public hearings on tlro proposed annexation of approximately 20 acres of land located along Swisher Road, A-2 Charlie Watkins, Senior Planner, stated the staff was roeommei,ding the first public, hearing be held on May 1 and r,he se:..ond pt blic hearing be held on May 22, Clty of Menton Clty Council ~ilnutea Meeting of April 17, 1934 Page Eleven rho following ordinance was presented[ N0. 84.48 AN ORDINANCE SETTING A DATES TIME AND PLACE ON THE PROPOSED ON OF TEXASATAND AUTHORIt7'NG ANDDPUIRECTBING THE MAYOR OF PUBLISH NOTICE OF SUCH PUBLIC NEARING. Stephens motion, Chew second that the ordinance be adopted. On roll call vote, Barton "aye", Hopkins "aye", Stephens "a e", Alford "aye", Chew "aye", and Mayor Stewart "aye". 140tlon carried unanimously, setting aEdato htimo uandlplacesforrpublicohearnngsfonatileordinance roposed annexation of approximately $22,76 acres of land beginning 150 feet south of and perpendicular to cne centerline of U.S. Hwy, 380. A•3 Charlie Watkins, Senior Planner, stated the staff was recommending the first public hearing be held on May I and the second public hearing be held or May 22. The following ordinance was presented[ 140, 84.49 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, Cnew motion, McAdams second that the ordinance be adapted. On roll call vote, Barton "aye", Hopkins "aye", Stephens "aye", Alford aye , Chew aye , and Mayor Stewart "aye". Aotion carried unanimously. 9. Resolutions highway considered supporting increased Council passage of a the resolution Bill and increased highway user charges. City Manager Hartung stated that the Texas Municipal League had informed the staff that there would be a special session of the legislature during the summer. Approximately $680,000 over a two year period would be available to the City of Denton to be used in street repairs. Tile resolution would indicate Denton's support of rile Pothole Bill, the following resolution was presented[ R E S 0 L U r I 0 N WHEREAS, authoritative surveys reveal that; 1. Texas leads the nation in the number of defi;ient bridges (172,000) and deteriorated s t a t o roal ways (7,740 miles). 2. The state's five cents per-gallon motor fuel tea c is the lowest in the nation, and aas not been increased in 21 years. Moreover, in 1965, 271 of the kztate budget went for transportation, while In 1932 only about 101 of the state budget was spent for transportation-related purposes, 3. Eaen Texas motorist pays a "bad roads" tax aver!iging $291 per year for wasted gasoline, tiro wear, car repairs, Insurance and medical wills. i City of Denton city Council Minutes Meeting of April 17, 1984 Page Twelve i 4, Additional transportation spending of 351 billion rill be needed over the next 20 years to overcome the current backlog of needs-including $6.2 million for road and bridge rehabilitation, $30,3 billion for reconstruction, $6,7 billion for new roads and 57.7 billion for maintenance; and WHEREAS, the state's transportation funding problems are reft-:ted at the local level, as followsi 1. The current backlog of city street repair reeds exceeds $1 billion, Texas cities are spending an estimated 193 million per year on street repairs-more than ever efore, dut they are still falling further behind each year, because the street repair backlse is growing at rates that exceed local spec,~ing Increases, The cities roust have state finaa;ial assistance in order to bring their streets and "oranges up to standard. 2. Upwards of 201 of all municipal streets, more than 13,000 miles, are currently in need of major reapte. 3. The deterioration of clty streets and bridges will accelerate in the future, rho 10 million motor vehicles already In the state are wearing out local roads and bridges faster than they can be repaared; twenty years from now, the titles will have lb aillion vehicles to contend with, more than half again t:,say's volume. WHEREAS, the 'Texas Municipal League supports the state Eundia4 and tax increases necessary to bring our state local roads and 0:iages up to par; 14wi THEREFORE, BE IT RESOLVED BY 'THE COUNCIL OF THE CITY Of -eNSON, TEXAS I SECTION I. 'That the Texas Legislature is urged to enact a state-local road and bridge financing package composed of the following; 1. An inctsase of $1 billion per year in funding f^r the State b!tpartment of Highways and Public Transports ton, 2. $100 million per year for the City Street improvement Fund (the "Pothole Bill") proposed, but not apgr:red, during the 1983 Legislative session, 3. Doubling the rate of the state motor fuel tax 10e par gallon and increasing motor vehicle license fees as necessary to generate adequate funding. PASSUD AND APPROVED by the City Council of the ~tof Denton, Texas, thls the 17th day of April, 1984, RICHARD 0. -SMART, MAYUR-- CITY OF DENTON, THUS ATTEST; CHARLOrib MIT SECRETXITT CirY OF DENTON, TEXAS City of Denton City Council Minutes Meeting of April 1f, 1984 Page Thirteen APPROVED AS r0 LEGAL FORMi C, J, TAYLOR, JK,s CITY ATTORNEY CITY OP DENTON, TEXAS BY Stephens motion, Hopkins second that the resolution be passed, On roll call vote, Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye", chow "aye", and Mayor Stewart "aye". Motion carried unanimously, B. The Council considered adoption of the resolution approving a contract with 'ferry Lewis for collection of delinquent taxes, City Manager Hartung reported that this was the result of discussions that had been held over the last few weeks, Mr. Lewis handled the delinquent taxes for the Denton Independent School District and would receive a percentage of actual collections made, The longth of the contract would be for two years, Council Member Hopkins stated he hoped this would be a short term <;ontract and that the Tax Appraisal District would soon be collecting taxes for the city, the school, and the county. The following resolution was presented; R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXASi That the Mayor be, and he is hereby authorized to execute on behalf of the City of Denton a contract for the collection of delinquent taxes between the City of Denton and Terry H. Lewis. PASSED AND APPROVED this the 17th day of April, 1994, RICHARD 0, S'I'h , MAYOR CITY OF DENTON, TEXAS ATTEST; C 1 U' CITY OF UENTON, TEXAS APPROVED AS TO LEGAL PURM; G. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, 'TEXAS BY; Chew motion, Alford second that titre resolution be passed, On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Chew "aye," and Mayor Stewart "aye," Motion carried unanimously, C. The Council considered adoption of a resolution approving a contract with Terry Lewis for Boll-^tion of delinquent utility oills. The following resolution was presented, I N City Of Denton City Council Minutes Meeting of April 17, 1984 Page Pourteen R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY Of DENTON, TEXAS: that the Mayor be, and he is hereby authorized to execute on behalf of the City of Denton a contract for the collection of delinquent utility bills between the City of Denton and Terry it'. Lewis. PASSED AND APPROVED this the 17th day of April, 1984, RICHARD 0. , , M CITY OF DENTON, TEXAS ATTEST: CITY LOFTOENTON,~'fEXAS APPROVED AS TO LEGAL FORM; C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Cnew motion, Alford second that the resolution be passed. On roll tail vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Chow "aye," and Mayor Stewart "aye," Motion carried unanimously, D, The Council considered adoption of a resolution approving a contract with FInatic IaI Collection Agencies for the collection of delinquent utility bills. City Manager Hartung reported that the staff had been impressed with this firm, The intent was to offer a contract to Terry Lewis and to Financial Collection Agencies to see which firm was most effective. Tile following resolution was presented; R E S 0 L U T I 0 ,N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENVON, TEAS, That the Mayor be, and he is hereby authorized to axecute on behalf of the City of Denton a contract for the collection of delinquent utility bills between the City of Denton and Financial Collection Agencies, PASSED AND APPROVED this the 17'.h day of April, 1934, RICHARD 0. S EWART, MAYOR CITY OF DENTON, TEXAS AYTEST; CHARLGI'TE ALLEN, CITY SECRETM CITY OF DENTON, TEXAS ~ r City of Denton Ctty Council Minuces Meeting of April 17, 1984 Page Fifteen APPROVED AS TO L40AL FORMI C. J. TAYLOR, JR., CITY ATTORNHY CITY OF DENTON, TEXAS NYI Ho kins motion, McAdams second that the resolution be passed. On roll call vote, McAdams "aye 11 Hopkins "aye," Stephens "aye," Alford "aye," Chew "aye," andayor Stewart "aye.' Motion carried unanimously. 10, The Council considered removing zoning case 2.1626 From the table. Hopkins motion, Chow second to remove the zoning case from the table. Motion carried unanimously, Denise Spivey, Development Review Planner, reviewed the toning request petition history for 2-1626. The public hearings had been neld on this petition and the Planning and Zoning Commission recommended approval with 12 conditions. Council Member McAdams asked the location and the responsibility for maintenance for the retention pond. Spivey responded the pond would be on the east side of the development. Council Member McAdams asked if the retention pond would be similar to tite one at North Lakes. Spivey replied it would be similar but smaller. Council Member McAdams asked again who would bm responsible for the maintenance. Spivey replied the Homeowners Association would assume the responsibility for the maintenance and the landscaping. Council Member McAdams asked about the sale of beer and wine in the neighborhood services portion of the petition. Spivey responded that due to a provision of the zoning ordinance, this would not be a problems as beer and wine could not be sold here. Council Member McAdams asked if the capacity of the sewer system would be adequate In this development and in the adjoining area. Spivey responded this particular development would take SOt of the sewage capacity in this area. Council Member McAdams asked if the pond would filt over. Spivey responded she did not know. Council Member Alford stated that Mayor Pro Tem Riddlesperger, who was absent from the meeting, has voiced concern over the neighborhood services portion of the petition being located adjacent to the school. Riddlesperger had questioned if the school could support the population In the development. Council Member Hopkins stated he had some concern about drainage and the re-routing o Nell Avenue; however, he was now satisfied that the retention pond would not create drainage problems. City of Denton Cityy Council Minutes Meeting of April 17, 1981 Page Sixteen Council Member Chew stated he wished to see the highest and best use bettere served aJ2 thetsinglehfamilyoportiontoft theadevelopmenti were located here, he also felt that the retention pond would mean more drainage problems. Council Member Hopkins stated that the drainage on Hutsache Street as part of this development would be an asset. Mayor Stewart stated that he felt this was a good plan for the area, He had some concerns regarding the neighborhood services but felt that that issue had not been addressed, Council Member Hopkins stated that the staff had reported if 4 of S separate developments were allowed on this same parcel It would be very difficult to control, Belew re II. questingnailchangeldineaonin.. ''a 3griculturaltl(A) to the planned development (PD) ciossificat~>n ci 127,25 acre tract. The following ordinance was presented. NO. 84.50 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TBXAS, AS SAME PIAS ADOPTED AS AN APPENDIX TO THE CODE OF URDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINXNCE NO, 69.1 AND AS SAID MAP APPLIES TO APPROXIMATELY 1".484 ACREu OF LAND OUT OF THE B.B,B 8 C.R.R. COMPANY SIrAVEI', ABSTRACT NU, 186, DENTON COr!NTYI TEXASi AND MOPE PARTICULARLY DESCRIBED HEREIN, A.U DECLARING AN EFFECTIVE DATE. Hopkins motion, Alford second that the ordinance be adopted. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "nay," Alford "aye," Chew "nay," and Mayor Stewart "aye," The motion carrio,Q 4 to 2 with Council Members Stephens and Chew casting the "nay" votes, ll. The Council considered allowing Andrew W, Aasletten, Rt, 1, Box 4308, Denton, Texas to connect to the sanitary sewer service for service outside Denton's city limits to serve residents adjacent to rtanch Bstates, Bob Nelson, Director of Utilities, reported that this property was on the north side of Ranch Estates just outside of the city limits. Mr, Aasletten had requested to tie on to the sewer line. Hopkins motion, McAdams second to approve the request. Motion carried unanimously, IN, The Council considered approval of a contract with Slack and Veatch to reassess construction timing for optimum econonic feasibility for Lewisville and Ray Roberts hydroelectric projects, Bob Nelson, Director of Utilities, reported the staff had received good news on the hydroelectric licensing on Lake Lewisville and Lake Ray Roberts, This was an update of a previous study, council Member Stephens asked if the report was now finished. Nelson responded it would be completed in approximately 45 days, Stephens motion, Chew second to approve the contract with Black and Veatch, Motion carried unanimously. 14. The Council considered election o, a voting representative from the City of Denton to the North Central Texas council of Governments General Assembly, city of Denton City Council Minutes Heating of April 11, 1984 Page Seventeen Hopkins motion, Alford second to nominate Jim Riddlesperger as the voting representative. Motion carried unanimously, 1$. The Council considered the emergency agenda addendum to adopt an ordinance establishing a temporary no parking aone on North Carroll Boulevard from 250 feet north of Pain Street to Sherman Drive during the Spring Fllh; on May 5~6, 1984. City Manager Hartung reported that this was a similar action to the j one taken last year to allow for the better control of traffic during the Spring Fling. 'rho fo,lowing ordinance was presented, NO. 84.51 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH ESOS) NORTH R OPLLPAIBOULEVARD TWO N STREET TO SHERMAN HUNDRED DRIVE DURING AND FIFTY FEET ANNUAL SPRING FLING TO BE HELD MAY 5 AND 6, 1984; AND DECLARING AN EFFECTIVE DATE, Chew motion, McAdams second !hat the ordinance be adopted, On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Chew "aye," and Mayor Stewart "aye," Motion carried unanimously. 16. The Council considered the emergency agenda addendum item to discuss funding for Flow Hospital. City Manager Hartung reported this item had been placed on the agenda at the request of the City Council and the new Information had only been rec3lved today, The staff had no recommendation to give, Council Member Cnew stated the Council needed to study the Medicare paybacks, Council Member Hopkins stated all possibilities and alternatives should be explored, The Council should also consider the City's capability to fund Flow Hospital, Stephens notion, Chew second to direct the administrative heads of the City and the County and the Hospital to review alternatives and new ideas and report to the County Commissioners and the City Council, Motion carried unanimously, 17, rho Council held an election for the Mayor Pro Tom, Council Member Stephens stated in light of the Council's policy of rotating the office of Mayor Pro Tom, he nominated Council Member ,lark Cnew. Council Member Hopkins second the nomination of Chew. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Chew "aye," and Mayor Stewart "aye," Motion carried unanimously, 18, There was no official action on executive session Item of legal matters, real estate, personnel, or board appointments, 19. New Business 1, mayor Pro Tem Chew asked that the resolution of reappointment to the TMPA Board of Directors be on the Council agenda for May 1. 2, Council Member Stephens asked for an update on the thoroughfare plan study. Cit> of Denton cltY Council Minutes Meeting of April 17, 1984 Page 41ghteen 1, Council Member Hopkins asked for a report on the i economic development program and an update of those persons who had been contacted, how they had been contacted, and reauita. number Council tants for being report on e by the City. Stephens stated this could be done through the City Manager's status report or an agenda item. With no further business, the meeting was adjourned, RICHARD 0, 5~HWART-.7RTU- CITY OF DdNTON, TEXAS CHARLOTIS ALLEN, S CITY up DENTON, TEXAS C AK u7ssg CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: August 21, 1984 COUNCIL AGENDA ITEM Consent Agenda SUBJECT: BID #9299 SOIL MIXER STABILIZER SUMMARY: This bid is for the purchase of a replacement for a 1957 soil mixer. This equipment is used to grind or mix asphalt paving, base material and or soil so that it is reusable as base for streets. With this, equipment stabilization material can be mixed and moisture added to improve compaction. Equipment of this type is critical to any street repair and recon- struction effort. ACTION REQUIRED: Approval by Council and award of bid. SOURCE OF rUNDS: This purchase will be funded from special project funds or added to our existing lease/purchase agreement, RECOMMENDATION: We recommend this bid be awarded to Plains Machinery for item 113A at the bid price of $116,113.00. 't'his is a 1983 Model Bomag Stabilizer Reclaimer Model MPH100R. The vehicle maintenance department staff and the street department staff as well as several others have evaluated this bid. They have inspected the machinr.s bid and had them demonstrated. We feel like this unit is the best buy for the Lity of Denton, EXHIBIT: Tabulation sheet SUBMITTED BY: "Trill -0. shavl-)- .-FRI. Assistant Purchasing Agent 1 BID X9299 KID SOIL MIXER STABILIZER OPEN June 21, 1984 2;00 pm I R.S, Conley- Plains Highway Highway ACCOUNT 4 ` perry Lott- Machinery Machinery Machinery Nichols N1 N2 QTY. ITEM_ D aSCRIPTION E DOR VC IJOR VENDOR VENDOR VENDOR kVEND1111; R 1 New Small Mim.,r ___57j740.00 IA Used Small Mixer 18,750,00 45,844,00 2 New Large Mixer _ 119,290,0 125,220,00 124,670,0 223,905.04 2A Used Large Mixer 79,500.0 56,000,0 3 New Reclaimer/Mixer 152,281,0 151$16,0 3A Used (Demo) Reclaimer Mixer 116,113,00 115,000,0 115,000.0 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: August 21, 1984 COUNCIL AGENDA ITEM SUBJECT: 810 #9302 CIRCUIT BREAKER CONVERSION SUMMARY: This bid number 9302 is the rebid of the circuit breaker conversion project originally bid in April 1984 number 9273, The specifications were redone and request for bid recirculated. This bid is for the conversion of the 15KV switch- gear from air circuit break. ACTION REQUIRED: Approval by Council and Award of Bid SOURCE OF FUNDS: 1983-84 budget Funds Account Number 611-008-0253-92174362 Metering and Substation Capital Improvements RECOMMENDATION: We reconynend this bid be awarded to General Electric Co, of Dallas in the amount of $10,800,00 per breaker. This recommendation is based on an evaluation of the bids submitted, and due to the request by EPkCO to withdraw their bid as they are unable to do the proper testing at this time as required in the bid specifications. The using department as well as the purchasing office concur on this recommendation, Total estimated amount at this time $226,800.00, EXHIBIT: Tabulation Sheet, SUBMITTED BY, John `Q. Marshall , C.P,M. ,-Porchasing Agent Ip N g3p~ I p CIRCUIT BREAKER CONVERSION GENERAL ESCO PE N July 3, 1984 2 p,m, ELECTRIC CCOUNT M QTY4 ITEM o VENDOfk v U C pon oo yr ~t:~~n 21 Circuit Breaker Conversion 10 800,00 10,100,00_ Total 26,800,00 Qe li Y~y As Re q ire _ CITY COUNCIL. AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: August 21, 1984 COUNCIL. AGENDA ITEM Consent Agenda SUBJECT: BID# 9306 AUTOMATIC TRANSFER APPARATUS SUMMARY: This bid is for the purchase of a automatic transfer apparatus for the Flow Hospital installation, This will replace an old unit currently in use. The auto- matic transfer apparatus automatically switches sources of electrical power should the primary source fail. The old unit is somewhat obsolete and is not as depend- able as the new unit. ACTION REQUIRED: Approval by Council and award of bid. SOURCE OF FUNDS: 1983/84 Budget funds account # 611-008.0252-9219 Capital improvements to overhead conductors RECOMMENDATION: We recommend this bid be awarded to the lowest bidder of C+raybar Electric in the amount of $16,466.32 with delivery in 14-16 weeks. EXHIBITS: Tabulation sheet SUBMITTED BY: Tom D. 5*54w C,_V . Assistant Purchasing Agent Ti1U 'CImt,G AUT hIATIC TRAM F R APPARATUS CUMMINS QRAYBAR KRIx-Wlt TEMPLE L$CO RIESTCR OPENrD Jul, I9 1984 2 p.m,EST£R ,%ccoux,r o.610-008-0262- I ~7y, i r.~18 s 1tir1~7u v1:11DOii av anon vi;,nalt VENDOR ;~r~oi% 1 I 1 1 LI _Transfer Apparatus 24,827,00 16,466,32 24,998,00, !19,457,00 9,790,00 5,118.04 00,00 I 3 Phase Padmount 126 Days 14-16 Wks G120 Days X16 Weeks 26 Days 426 Days i-ays r - CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: August 21, 1984 COUNCIL AGENDA ITEM b: SUBJECT: BID #9308 PCP DISPOSAL SUMMARY: This bid is for the proper disposal of approximately 11,235 pounds of PCB contaminated capacitors, These are capacitors that have been taken out of service and must be disposed of according to rules and regulations established by the E.P,A. ACTION REQUIRED: Approval by Council and Award of Bid SOURCE OF FUNDS: 1983-84 Budget Account Number #611-008-0252-9222 Electric Distribution Line Transformers RECOMMENDATION: We reconenend this bid be awarded to the lowest and best evaluated bid of PCB, Inc, of Missouri, for t je total amount of $7,302.75 as estimated at 65~ per pound. This price includes transportation and packaging. You Wi11 note that we have 2 bids at a lesser price per pound. However, the 50~ bid does not include freight or packaging or loading; and trvP 634 bid does not include the packaging and loading; and neither assumes transfer of title at Denton, Texas, as does the rest of the bidders. EXHIBIT: Tabulition Sheet SUBMITTED UY: John J. Marshall, C.P.M. ,.;.'Purchas'ing Agent 1l i J r, ~ 0~ I Iliu r>'rll. PCB DISPOSAL ENSCO ROSE PCB9 INC. SED TRINITY RESOURCE' 011E.>\r1) July 19, 1984 2 p,m, %EBR CHEMICAL. SERVICE i t~T-~-'~ _ ~I'PI?? i)1:SChiE?'1:I0 VrN►)O1~ VI:~I1)Olt VI's ~~R 1;f: bOR Vl DOR VrxboUR VF:\1)011 1j11,23' .._PCB Capacitors _ 85 ? 63 ,65 ,50 ,97 1,07 - , Frei tt Included Yes Yes Yes No Yes Yes I--- Packaging & Loading Est, 250,00 ! 250,00 Freight _ as per bid 1 ,1670,00 FOB Point Denton Kansas City Denton ;Greensboro Denton Denton I I _ NET TOTAL _ 9,549,75 79328,05 }75302,75 7,537,50 10,897,95 12,021.4; i-- ` Pickup Schedule 30 Days 110 Days 30 Days 60 Days 90 Days 10 Days` r - - _f, CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: August 21, 1984 COUNCIL AGENDA ITEM !l: SUBJECT: BID #9310 GASOLINE & DIESEL SUMMARY: This bid is for the purchase of gasoline and diesel for the next year, We sent out bids to 15 vendors and received 7 bids, For the past ten years or so, we have not been able to receive firm bids because of price fluctuation. We then award the bid to the lowest bidder for present deliveries then check each bidder's current price each month and award (order) from the lowest quoted price, which amounts to a considerable saving each year. I have estimated the savings for last year at some $10,000.00. This happens because the Vendors do not go up or down at the same time or for the same amount. ACTION REQUIRED: Approval by Council and Award of bid SOURCE. OF FUNDS: Working Capital/Budget RECOMMENDATION: We recommend this bid be awarded to the low bidder, Lucky Lady Oil Co, as shown on the tab sheet, and then award the low price quoted from each of the 7 bids each month. This award will also include 300,000 gallons on Item 4 for immediate delivery to the Power Plant, to Lucky Lady at .7795 per gallon for the total of $233,850,00. EXHIBIT: /Thbulati,oV heet SUBMITTED BY: ql~:r ~a/ arshaI I , C.P.M, Purchasing Agent TP1'I,IS. jASOLINE,& DIrsEL R I:D&R W,C,ALLFORp K! LSOE LUCKY i w_...._._~.., ~LPOOIL CARUTHER., MART IN c~Pl;rrn_ Ju1Z 31, 1984 8q AISTRIt3UTOR INC, OIL CO, LADY 0, DIST, OIL CO, CAGLE nwux,r l' 710-004-0598-8706-11 _~L.i_.., V? n~l~ ~nnh_,_+ V bolt vLN, v01i l:NDiOti yr ,nor? 1 75,Og0 R09ular Gasoline t 7689 ~ . .7875 1765 .8292 .785 -715 _ I I 2 15U 000 No Lead - Reg, - - - _ .7989 .8030 [.8175 .795 .86 _ 92 1'015 3 X125,0;00 !I2 Diesel .7865 1.7825 .8065 ~I 7795 .8123 _ r_ _ 7 g 7 8 4 300,, Ob0 N?, Diesel ~_;____,W______.____ 7865 7825 8065 7795 .8123 .7975 '870 'y-- f - i At Time of Shi ment - ~i-~~----- Rack Price Rack Price 'Rack Price Rack Price a c k Price Eck Pri I ~ wr f Item 4 for Immediate Delivery Firm i Firm CITY COUNCIL AGENDA BACKUP SUMMARY SHEET DATE OF MEETING: August 21, 1984 COUNCIL AGENDA ITEM Consent SUBJECT: BID #9311 UNIFORMS SUMMARY: This bid is for the purchase of uniforms for the City of Denton. These are for replacement and for new employees, This bid was sent to some eighteen prosepective vendors and received seven bids as shown on the tabulation sheet. This bid is for about the same quPlity uniforms, and the prices are about the same, They will be ordered only as requested and released by the departments, ACTION REQUIRED: Approval by Council and Award of Bid SOURCE OF FUNDS: Budget RECOMMENDATION: We reconmend this bid be awarded to the low bidder meeting specifications and bid instructions, DOnOVall Uniforms of Dallas. This would make the cost of 5 shirts, 5 pants and 1 jacket at $112,00 to $115,0Q per man. The total cost of the estimates shown at $7,025,00, This bid, however, is for this next fiscal year and more or less may be ordered, EXHIBIT: Tabylation S~eet - SUBMITTED BY: John J. Marsha 11 C.P.M. 'Purchasing Agent .may M•1N.H .w MM 111 R) ~'I'I`LI,„ U I 0 FACTORY OICKIES DONOVAN GARLAND NATIONAL SOUTHWEST MARTIN SALES WORK UNIFORM UNIFORM NIFORM CLOTHES .UNIFORM u1~1;xt?u Jul 3 19 4 .„_2 p QEt r_ ~1'1;IvU(1! n V(:N1)Ok V13\UOR V2 \'I)Olt, VENDOR ~'EOk 1 100 I _ ShirVts_, Long Sleeve s, 35 8.4G 7. _8p Y.40 7 a 8 _ 00 21100 Shirts, Short Sleeve C --;----f - 7,30 1~ ~._N fl.20 6.93 7,17 _ 7,55 _ 3 f1Q0 ; Shirts, LongSleeve I ! 9.20 9.93 7.50 8 , 75 J 8.76 88.99 11.45 41100 Shirts, i _ - Short Sleeve 3,05 8.66 T 6.50 7.65 7,72 8,b9 9,30 Pants 5 i100..i._-_.--- 11,20 9.50 10 .56 56_--~ 10.50 1 10,65 t_ 11,27 14.20 6 100 +-?ants 11,75 12,67 # 10,50 - r-- - , 10,50 10,65 11.27 13,65 7 50 Jackets 24,15 25 ,18 ! 11.00 16 , 50 23.62 ` 22.84 - _ 26 , 95 8 ` 25 ~ Jackets ~1--_-~ ' - - 18,95 20,32 18,00 18.40 18,02 18,41 _ 26.95) 10 50 Shirts 9,90 10,63 ! 9,10 ---I 9,10 9,39 9,67 _ ! Pants _ =0~ 11 i- 5'' 12 , 85 13 , 63 12 , oo 1?~30 12 , 22 12 , 81 -0 j TOTAL 121,70 127, 78~-i 99, 80~1 106.30 115,90 119.31 _19 pr I CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: August 21, 1984 COUNCIL AGENDA ITEM Consent SUBJECT; BID #9314 AUDRA ESTATES, STREET PARTICIPATION SUMMARY; This bid is for the Street Participation on Audra Lane, Bids were sent out for this project and we received only one bid from Jagoe Public Co. However, the bid is in line with other recent bids and the estimate. We have calculated the participation for this project with the Engineering Department at $16,OD8.24, See attached. ACTION REQUIRED; Approval by Council and Award of Bid SOURCE OF FUNDS: )00-002-0033-9105 RECOMMENDATION: We recommend this bid for Street Participation, on the basis of Jagoe Public's bid, to the Developer, Wilbur W. Blockford in the amount of $16,008.24 as per the bid quantities and amounts shown on the attached memo. The correct amount will be calculated when completed which may be more or less than the estimated amount above, EXHIBITS: Tabulation. Sleet, Memo Jerry Clark SUBMITTED BY: John J, MfarshalI C.P.M. Purchasing Agent L7D MY of 01WON, MXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 5668200 M E M O R A N 0 U M T0; John Marshall, Purchasing Agent FROM; Jerry C1arR, City Engineer DATE: Auyust 14, 1984 RE; City participa~iun in Auara Estates - Auara Lame over wioth ano depth The following estimates rufPlect what the C.1Ly snoulu ue participating in on Auara Lane rur Auara Estates. Tnese are oasou on the pruject oeiny ouil.L as planneo anu 16 Jos/sy of llme, Unit Price k~uentit ExLention Lime suuyrade $ 1.35 690 ~)Y $ 1,209.60 Lime (18 1u/sy) $78.00 6 TUNS 614.00 5" Asphalt $ y.20 d96 SY 3,243.20 1" Asphalt $ 1.84 20816 SY 51181.44 1/6 of 100' Transition 750.00 TOTAL = $16,00$.24 Please advise if further infurmaLion is needed. J(jr r)y C k C1ty a;nfl.il eer 1s iW/_5bt L)&V if f tern TITLr AUDRA ESTATES yy pp RpORATION CQN3TRSO ON JAY MAR AGOC i oPrxi.a August 7, 1984 2 p,m, CORP, PUBLIC CO. INC, ACCOUNT l+ ~`l- 1~ ~3~Z o~ _ yCNnO"~ yC~'poR vr'nar V 'nOR VENDOR VENDOR i 1, I Sanitary Sewer 0,487,44 .47,9 27,&5 41,881,80 -0- 2, E Water Facilities 3,818,47 •43,941,00 41,575,00 -0- 3, l ' Street Paving -0- -0- -0- 1902513,61 4. Drainage Facilities 7,456,5& -0- 89,90&,00 ' 73,545,50 - Alternate 500.00 V, 800,00 ~ _ CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: August 21, 1984 COUNCIL AGENDA ITEM N: Consent SUBJECT: BID 09316 PRESSURE STERILIZER is TRAY SUMMARY: This bid is for the purchase of a sterilizer and tray for use at the Municipal Lab. This bid was sent to several of our suppliers of this type product. We received only one bid and one no bid, ACTION REQUIRED: Approval by Council and Award of Bid SOURCE OF FUNDS: Budget RECOMMENDATION: We recommend this bid be awarded to VW R Scientific. in the amount of $3,268,74, as bid and shown on tabulation sheet, EXHIBIT: Ta lati n' .feet SUBMITTED BY: ~}ohn\J Marshall, C,P,M. (/Purchasing Agent 131.D TITLE„ T AY FISHER VWR ARTHUR OI'~:\Ch- aLallt q 19$4 _ 2 p.m. SCIENTIFIC SCIENTIFIC- THOrJAS ACCOUNT :M _ I.11~`. I PT 0' VC~~It yi N 00-1-4 !+I~ak arNho v ~a~iz VENDOR "'!:NDO N/B 3152,74 ~ N B I i ,I r 2 2 1 #58700154 NIB 116.00 NIB Total3268,74 Delivery 7-1 ' 1 0 bays CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING; August 210 1984 COUNCIL AGENDA ITEMN: Consent SUBJECT; BID #9317 MICROFILMING OF CITY RECORDS SUMMARY: This bid was sent to four known bidders and properly advertised, We received only two bids. This is for the microfilming of City Records in the City Secretary's office so they may be stored and more readily available for reference. The bids are on two different processes; therefore, there.-Is a big difference in the two bids received, Either bidder can perform the service needed, ACTION REQUIRED; Approval by Council and Award of Bid SOURCE OF FUNDS: 100-003-0001-8502 RECOMMENDATION; We recommend this bid be awarded to the low hidder meeting the bid specifications, Micro-Records Co, of Arlington, Texas, to microfilm the City Records, at an estimated cost of $8,260,00. EXHIBIT; Tabulation Shget SUBMITTED BY.'!fl~~~:_.c_ John J, Marshall, C.P.M. Purchasing Agent 9.3 LX_..._ MID jr MICR II.MING OR CITY RECORDS ~;ra ~I'tCt.t~,, _ MICRIFILMING OF CITY RECORDS MICRO AMERICAN RECORDS t: I CNE R August 141 1984 P. pons I ACCOUNT vr'\ 1)0R vt'o., ali__ ; v X~U VENDOR VENDOR L280 000 Microfilming-of City Records !.0295 .065 2 ~'Each Inserting ,R+ Indexing ~ ,0068 ,0I3 I 3 (Each Microfilming Additional 1,028 I 064 4 ;Each } Microfilming Oversized Documents ,25 -J .45~ Total Estimated Cost 8260,00 ~ 18200,00 4- r9 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: August 21, 1984 COUNCIL AGENDA ITEM Consent I SUBJECT: P.O. #64522 MUNICIPAL ELECTRIC JOB TRAINING I SUMMARY,, This P,O, is for dues for Municipal Electrical Job Training participation, (See Attached) ACTION REQUIRED: Approval by Council SOURCE OF FUNDS: Budget 610-008-0252-8522 RECOMMENDATION: We recommend this purchase order to Municipal Electric Job Training & Safety Program be approved for $4,110,45 for the yearly dues from September 1, 1984, through August 31, 1985, EXHIBITS: P.O, and Statement/Invoice SUBMITTED BY: 'John J, Marshall, C. P.M. Purchasing Agent 215 E, McKINNEY ST, PURCHASE ORDER DENTON, TX 76201 P. 0, NUMBER DATEIVENDOR NO, DOCUMENT TYPE 045U ilia/00/t►4 514 VENDOR: MUN410u l SHIP Tot 40141CIOAL ELEC JUia I*RAINING UrILiI"Y AOMIN13THATION C/O FkEJ WAUTERS 2IS V' MCK1NNt Y STREt-T Poo* OUX 21d Ui;NTQM% YLXAS 76201 F'LORZ-.SVILLes TX 7$114 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO, LINE AMOUNT ul 610 00d 01".52 13522 1 r1UNILIPAL ELECa TRAlNIN6 OU4S 40110.45 TOTAL FOR N.U. 4.110.45 The City of Denton, Texas Is tax exempt • House 6111 No. 20. Reference P.O. Number on all 61L, Shipments and Invoices, r rf Shipments are ROM, 01ty of Denton, or as indicated, - = f`1L~G Send Invoices TO: Direct All Inquiries TO: 01ty of Denton, Accounts Payable John J. Marshall, C.P.M. Purchasing Agent 215 E. McKinney St., Denton, TX 76201 Tom D. Shaw, C,P.M, Asst, Purchasing Agent Phone 8171566.8223 8171566.8311 D1PW Metro 267.0042 The City of Denton Is an equal opportunity employer CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: August 21, 1984 COUNCIL AGENDA ITEM Consent SUBJECT: P.O. #64630 GENE'S PAINT & BODY SHOP SUMMARY: This emergency Purchase Order is for the repair of, our Equipment Number 203 Police Car that was damaged in an accident, ACTION REQUIRED: Approval by Council SOURCE OF FUNDS: Budget 100-007-0043-8342 RECOMMENDATION: We recommend this Emergency Purchase Order for the repair of Police Car #203 in the amount of $3,205.83 be approved for payment to Gene's Paint & Body Shop. EXHIBIT: Purchase Order and Invoice SUBMITTED BY:%;: John J. J-1a rsha11 C. P.M. Purchasing Agent 216 E. MOKINNEY HT, PURCHASE ORDER DENTON, TX 78201 P. 0, NUMBER DATFIVENDOH NO, DOCUMENT TYPE 6463j 03/4)J/4J4 GANAGLI 5 GEN5ti0U0 VENDOR: SHIP TO: UE^NH *:i FAINT 4 WADY -511UP 713 UJUTH LOCUST D614TWN9 TX. 7", U1 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION w HID NO. LINE AMOUN 01 710 004 039d a71U 1 0203 Rk"PAIR FRONT END UANAG4 300as•83 02 710 UU4 0598 8710 1 REPAIR 1./F FENUER 1Z0V00 T0rAL FOR No0• Js205w$:S The City of Denton, Texas is tax exempt • House Bill No. 20, Reference P.O. Number on all B1L, Shipments and Invoices, . Shipments are F,O,B, City of Denton, or as indicated, a - - - - Send Invoices TO: Direct All Inquiries TO: City of Denton, Accounts Payable John J. Marshall, C,P,M, Purchasing Agent 215 E, McKinney St., Denton, TX 76201 Tom D. Shaw, C.P.M. Asst. Purchasing Agent Phone 817/566.8223 8171566-8311 DIFW Metro 267.0042 The Clty of Denton Is an equal opportunity employer 9~? cx~ CITY COUNCIL AGENDA BACK-UP SWMRX INERT MEETING DATE: August 214 1984 SUBJECT: Approval of the preliminary replat of lot 29, Section II, of Solar Way Addition SUMMARY: After much debate and discussion, the planning and zoning commission approved a variance of standard subdivision requirements for the Solar Way Addition at its meeting of August S. 1984. The attached opinion provides background infor- mation and legal insight and direction on what has been a very complex issue. Lot 29 moats zoning standards and immediate development of a single family detached dwelling unit is anti- cipated. Staff will issue a building permit when the final replat is approved. ACTION REQUIRED: 1. Approve the preliminary replat 2. Deny the preliminary replat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary replat ALTERNATIVE: Approve the preliminary replat ATTACHMENTS: 1. Reduced plat 2. Legal opinion David Ellison Senior planner 0210] ~ (itirmr v, 44 r.,.IrNr F« ~ ~Ca:k •Y~r,v J 9, 292,9•+ ~ ~ S%SN~Ar Fri ~ , 2S ~ c All H ~ n ~ X59 ' r r Y V t J b >D r HY f l . ( utN..Y M1~ 1 b ~ 1i J ~lyfw~lr.w1 dud WW +•+dtt M ~ )'r N - .3 1+o,s fir: bl V1~~T ?Jr)jN~ u~1 drp Ont ikVIC:?5 S:.Ave•.7~5 )At11 11V sot 4.t :1 .!1 _ s CITY OF D#NTON, TEXAS OFFICE OF TNs CJTy ATTORNIRY bIL~~VORANDV M CJ. Tayyl~or, Jr., City Attornw lot D. Morris, Assiataat City Attorney Robert 8o ffwdor, A. 4WAnt City Aitormsy DATE: July 31, 1984 TO: Mayor & City Council Planning & Zoning Commission G. Chris Hartung, City Manager FROM: Robert B, Hunter, Assistant City Attorney SUBJECT: OPINION No, 353 Whether a building permit may be issued for construction on a parcel of land which was conveyed out of a platted subdivision by metes and bounds until the parcel is repiatted in conformity with the City's subdivision regulations. This office has been requested to issue a wlegal ithhold pforo proposed whether a building permit may be properly w construction upon a parcel of land which was carved out of an approved subdivision plat by metes and bounds, Factual Background: It is my understanding that the subject prn =-+rty is located in the So16 Way Addition originally subdivided into minimum one acre lots anu approved by the City. This property was annexed to the City on February 13, 1984. At some point, the developer proceeded d tbounces portions of the officially approved lots by metes an descriptions, resulting in lots of less than one acre in size without officially replatting, I understand zoninoEoconstruct as been approved on these lots permitting the type proposed; therefore a building permit may not be withheld on the failure to meet zoning requirements. The question presented is with the c~ whether the property must be replatted in conformity w Of Denton Development Code and meet the requirements thereunder before buildiny permits may oe issued. Power of Cit to Re ulate Subdivisions: The City of Denton has the authority to adopt rules and regulations Article 974a, governing plats and the subdivision of land. V.T.C.S. in Crownhill Homes► Inc v. City of San Antonio, 433 S.W.2d 448 (Tex.Civ.App.-San Antonio, 19681 writ re£ n r.e.), the Mayor 6 City council opinion No, 353 July 31, 1984 Page Two Court, in upholding the city's requirement that developers pay the entire cost of local on-site water main extensions into a new area without reimbursement, held as follows *The authorities hold that the municipality has the right to impose conditions on subdivision development, including the "donation" of streets, alleys, drains, water mains and the like, (omitting citations) The overwhelming weight of authority is that such donation is not a taking of appellant's property for public use without reimbursement. The exercise of governmental discretion to impose reason- able regulations as a condition for the use of property, or as a condition precedent to the subdivision of land, does not amount to a taking of private property for public use without just compensation." Iv at 460. Necessity of Replat Prior to Issuance of Building Permits Article 974a, V.T.C,S., requires the approval of the City before platted lots can be replatted. Any attempted "replatting* by selling of lots by metes and bounds description without approval of the City is a "nullity". Head v. City of Shoreacres, et all 401 S.W.2d 703 (Tex.Civ.App.-Waco 1966, writ ref. n,r.e.). Nullity" is defined as *4n act or proceeding in a cause which the opposite party may treat as though it had not taken place, or which has absolutely no legal force or effect". Black's Law Dictionary, 4th Ed. Rev. The City may therefore treat the attempted "replat* of conveying by metes and bounds as though it had not occurred and require replatting before issuance of any building permits, The Court in Lacy v Hoff, 633 8 .W.2d 605 (Tex.Civ,App.-Houston 1982, writ ref, n,r,e,) recognized that the state law relating to platting (Art. 974a, V.T.C.S.) does not provide any penalty upon the landowner for failing to plat. The Court then observed that municipalities may prr.,vide sanctions such as the refusal to issue building permits until platting is approved; *Landowners may avoid regulation, by subdividing and selling lots by metes and bounds descriptions. However, Article 974a 54 authorizes the promulgation of city rules and regulations concerning plat approval which may include sanctions for failure to plat. (omitting citations) By way of sanction, Ordinance No. 11 provided that 'no build- ing permit shall issue for construction or improvements until the subdivision plat or map in its final form is approved by the planning and zoning Commission, bears Mayor & City Council opinion No. 353 July 31, 1984 Page Three written evidence of approval as executed thereon by the Planning and Zoning Commission, and is properly recorded'..." Lacy, supra, at 608. An opinion of the Attorney Ceneral concludes thati "Although a land owner may convey a strip of land by metes and bounds, the plat of the subdivision cannot be amended to reelect that conveyance, it must be vacated and replatted pursuant to Article 974a, V.T.C.S." Opinion No MW-296, 1980. Section 5 of Article 970, V.T.C.S, has peen amended since the above Attorney General's opinion was issued, Section 5 now pr.ovides an alternative to vacation of the entire plat when replatting only a portion of such plat. A portion of a plat may be replatted without vacating the immediate previous plat provided various requirements are met such as notice by publication of public hearing, written approval of 66 .:i3 percent of the owners of all lots in the original plat if 20 pervant of the owners file a written protest prior to or at the hearing of the proposed replatting and other provisions con- tained in Section 5. Except for the requirement of vacating the entire original plat, the remainder of the Attorney General's Opinion continues to be valid. Based upon the foregoing, it is the opinion of this office that the subject lots must be replatted in conformity with the requirmants of Article 974a, V.T.C,s. and the Denton Development Code before build- ing permits may be issued. We cannot express an opinion as to whether the original developer or his successors in title to the lots in question must replat and provide required improvements, if any. We have no knowledge as to what transpired between the original developer and the present owners of these lots prior to purchase. it may be, for example, that a lower purchase price was agreed upon because the lots were not formally replatted, in any event, this is a dispute between the developer and the present owners which may ultimately hive to be determined by a court. The fact remains, however, that either the developer or the present owners must cause a replat to be approved prior to issuance of building permits. The Denton Development Code does authorize the Planning and Zoning Commission to grant variations and modifications of the requirements of the code under Article i, Chapter iii, a copy of which is attached hereto. Denial of a variance request may be appealed to the City Council. i Ma or & City Council Opinion No. 353 July 31t 1984 page pour CONCLUSION 1, Lots which were sold by metes and bounds descriptions from an approved subdivision plat must be replatted in conformity with the Denton Development Code before building permits may be issued. 2. The sale of the lots by metes and bounds was a private transaction between the developer and the present owners. It is beyond the province of this office to determine the respective rights and responsibilities of the parties to such private transactions, The City's concern is that no building permit be issued unless and until the property is replatted. 3. The Planning and zoning commission is authorized to grant variations and modifications of the requirements of the Denton Development Code if the conditions as set forth in the Code and attached hereto are met, Denial of a variance may be appealed to the City Council. r-- . ty' ERT B. HUNTER RO RBH:js Attachment ARY III" Are. I. 10~ Art, I, 1.03 APPENDIX A Art. 1, Ch, III ,hall not be subdi• of nton under Article 970a VATS, as amended, known as the and improvements Mu n' ipal Annexation Act. (B) a planning and zoning commission shad exercise the mprovements shall power an authority to administer standards established by this .als, policies shown ordlnance d review, approve or disapprove plats and develop. is capital improve, ment plans fo ubdivision of land and for any development within icon, It is intended the corporate li is of the municipality (or unincorporated extra. ,to the enforcement territorial jur" ' n areas of the county) which show lots, blocks building and hous• or sites with or out new streets or highways or any lot plans and capital improvement activiti as defined by this ordinance, licipslity. (C) A develop.ent revs w committee is hereby established com• posed of not more than se n (7) members. The city manager Is hereby authorized to appoin the members of the development wing purposes; review committee (DRC) comp of key staff members involved lth, safety, and gen. in development review and assis nce and to designate a chair. person of such committee, which oh rperson shall be responsible for coordinating and establishing co ittee procedures. The purr. )pment of the munic• pose Is to provide centralized technics. review of city develop. plans, went regulations and policies and pro vide entralized staff inter. d action in providing pretations and recommendations to the p lic utilities board, water, sewerage and planning and zoning commission, city council nd any othar city a and tacilitiea. board charged with authority for review and a roval of devel• opment matters of the city. iesign and procedures •.o further the orderly CHAPTER II. SHORT TI'T'LE • proper legal descrip- 'd land, This chapter shall be known and may be cited as the Denton ties are available and Development Code and it shall become a pan of the Code of rve proposed subdivi• Ordinances of the City of Wanton, Texas, ;ty. CHAPTER III, VARIATIONS (A) Authority, Variations and modifications of the general re. i !r the authority of the quirements of this ordinance will be made by the planning and the State of Texas and zoning commission when, in its judgment, special or peculiar i ind regulations govern factors and conditions warrant such variations and do not affect in the corporate limits the general application or spirit of the rules and regulations,. or subdivision and devel• the master plan of the city. The planning and zoning commission jurisdiction of the City shall be the judge in all cases regarding the application of the Supp. No. 41 1061 ~K Art, 1. Ch. tII DENTON CODE Art. L Ch. IA Art. 1. 4,01 ,I following rules sad regulations. Advice sad .ooperation is offered $ion for a harde and will always be given by the developmeu t review committee, property owners 3 In uo ow, however, shall the commission or council grant such scheduled hearii m,odificatiovs unless it finds that all of th$ following conditions hearing, the pla are satisfied; termination. A c 1 (1) The modified proposal would conform to the city rwter by a majority o. commission. Der plate to the city counc (2) Literal enforcement of a provision would result in an ex. Disasetion of t trams hardship for the development of the subdivision, council in the a j (3) Granting of a modification will not have the effect of pre. througa a plaan venting the orderly subdivision of other land use in the take precedence area. W The modification accomplishes the spirit and Intent of the standard. (Even though the modification may not meet the Art 4 01 Pale2 i letter of the applicable standard. It provides for a better project design. For example, the requirement for drainage For the purvo< { piping in residential streets might be waived if the design applied in const: maintains all building lines out of the 100-year floodplain terms and provis and the system is designed to provide detention qualities (A) words use i that help correct downstream drainage problems,) words uoer (6) The problem in question is not generally common to other number, a 1 properties in the city, If the problem standard in question singular, is of general application to numerous properties through. (g) The word out the city, than the planning and zoning commission is pee word prohibited from granting such variance, but should instead recommend an ordinance change to the city council. (C) The phrase (6) The actual pecuniary cost of development of the property for," "deli, shall be considered for modification of standards. and shall a (7) The hardship must be a physical hardship relating to the Art. 4,02, Della property itself as distinguished from a hardship relating to For the purpoac convenience. cable hereto are d (8) The hardship must not result from the applicant's or prop- used, but not deft erty owner's own actions, ascribed thereto (B) Procedure The owner of any tract of land aggrieved kinder city' these regulations shall apply to the planning and zoning commis. Acreage, gross: also including, if Supp. No, 41 1062 Supp, %40. 41 I ' « r g ...►..a. w L Art, 1, Ch. In An. I, 4.01 APPENDM A Ai t, 1, 4.02 Cooperation is offered sion for a hardship variance. On such application all adjacent .eat review committee. property owners shall be notified ten (10) days in advance of the or council i" '+nt such scheduled hearing for variance request, Upon review and public is following conditions hearing, the planning and toning commiaeio% shall snake a de- termination, A determination to grant a variance must be made frm to the city mastar by a majority of oArmative votes of the planning and zoning commission, Denial of a variance shall be final unless appealed to the city council for final decision would result in an ex- Discretion of the planning and toning commission and the city t of the subdivision. council In the application of these standards is also provided t have the ety"t of prey through a planned development toning procedure, which shall t' other land use in the take precedence over the above variance procedure, spirit and intent of the CHAPTER N. DEFINITIONS ration may not meet the Art, 4,02• Rules for defuiltion, it provides for a better rquirement for drainage the purpose of this ordinance, the following rules shall be be waived if the design appli in constructing, interpreting or otherwim defining the the 100•year tloodplain terms . provisions hereof, vide detention qualities (A) Wor used in the present tense shall include the future, nage problems.) words in the singular number shall include the plural %*rally common to other number, a words used in the plural shall include the am standard in question singular. •ous properties through- (B) The word "steal ' is mandatory and the word "may" is id zoning commission is ance, but should instead permissive, ;o the city council, (C) The phrase "used for" I Include the phrases, "arranged for," "designed for," "in nded for," and "occupied for," on n of stst t oandfathrdse, property and shall apply exclusively physical uses, of hardship relating to the Art, 4.02. Def itions. rm a hardship relating to For the purpose of this ordinance, certain orris or ttrfas appll• cable hereto are defined as hereinafter provi Words and terms 5 the applicant's or prop- used, but not defined, in this ordinance shall ha the meanings ascribed thereto in the comprehensive zoning o tee of the of land aggrieved under city' ning and zoning commis- Acreage, grcrosst The acreage included within a boun and also including, if any, one-half of the right-of-way of abu Ing Supp. No. 41 1063 CITY COUNCIL AGENDA 09,~ BACK-UP SUMMARY SHEET MEETING DATE: August 21, 1984 SUBJECT: Appproval of the preliminary plat of the Hollyhills Courts Addition. SUMMARY: Proposed Hollyhills Courts Addition consists of 12.956 acres located west of Ridgeway Drive, adjacent and west of. Conway Street, east of Ridgecrest Circle, and adjacent and north of Southridge Drive. Existing zoning is single family (SP-16) and sixteen lots are proposed. This parcel is similar to the recently approved (by the Planning and Zoning Commission) preliminary plat of the Southridge II Addition. Staff is concerned about plans for access and water and sewer services layouts for this section because a large scale planned development is being considered for review and action by the Planning and Zoning Commission and City Council. If the planned development proposed by Ms. Jo Storer is not approved, both the engineering department and water and sewer department have requested that the preliminary plat of the Hollyhills Courts Addition as currently submitted be invalidated. An overall general development plan would be required at that time based on zoning that would be in place at that time. ACTION REQUIRED: Approval of the preliminary plat of the Hollyhills Courts Addition with conditions. RECOMMENDATION: The Planning and Zoning Commission recommends approval with the following conditions: 1. That the developer must install 7,500 plus feet of sanitary sewer main from the development to the Hobson Lane gravity sanitary sewer interceptor 2. Only the 16 lots in this plat may tie onto the above mentioned interceptor until such time as further engineering analysis can be made on interceptor loading. ALTERNATIVES: Approve or deny the preliminary plat with or without conditions ATTACHMENT: Reduced preliminary plat 0192J ka 4 David Ellison, Senior Planner LIP., I t r I \ 3O U'f Ia RIO(4E / Al,.l.... r 1 IJ C0 W.It IAMS r t A60II lpA1 qt-:~fi_.Z~~iF.. fLV 1 / l'/ A ` + _.._.i f R Y ~,t I ~ ` ' . ~ Cal ~ I~, I :S•.. , . „ 1 'i y)) L Ell.., : M.dr / t ~ ' , /\1`/+,'4•, h/+;~ 4' `nI ~1 `I~i ~ 1 Ig1411101! I` Ago M ` O`\\~~i t w~l/'t.~ ,~yQ/~, ~t~J lh~'i~,~t\\,. r / ~ ~ ~ \_J I jf IX (i, tu~~Yf ~ ~ ~ ~ ^VrrrMUt•n. ;r Irkl :f=if Ifr el. `I 1 t I. 4 Lr.S yet.°; At t lit )11NC Y9, 14E4 ~ / / / Jnily At<IXti1~ALJ °1~R~t ~ - CITY COUNCIL AGENDA MACK-UP SUMMARY MEX MEETING DATE: August 21, 1984 SUBJECT: Approval of the preliminary plat of the Osborne Grocery Addition SUMMARY; This is a 3.230 acre parcel located adjacent and north of Sherman Drive and east of Bell Avenue. The property is zoned general retail (OR) and a grocery store or food market development is anti- cipated. Adequate water and sewer services are in place or available for extension. Existing sanitary sewer mains may need to be extended across the entire frontage along the west boundary of the tract to serve adjoining property which is pres- ently vacant, Adequate electric, gas, and telephone services are available. ACTION REQUIRED; Approval of the preliminary plat RECOMMENDATION: The Planning and zoning Commission recommends approval. ALTERNATIVES: Approve preliminary plat ATTACHMENT: Reduced preliminary plat David Ellison Senior Planner 0191] I.A fr to MArr asn r 01oe Ir 11 pr _ If v 0r, r 1 , r KNIsdk_.11L1 Is__ 11'!1( 1, I I ,Y y n { CC {ai'{Ha'f al0 l +":U., , ! I h 4- It LOChf ION M6P /ii 1'iAll)N04 _ --trot sv! S[MS.-•+• ~k11 U1 I , f DVffy / 1006 , M 1 1 40W 1Q I r ly If l r I I / JAI / ~I / l111, ~ rY {Sh l I O . ~ i L01 I ~~~gt.ocK o)!IE i,~1r1'; ~ ~ It I 3.230 Ac. s1.Las'aw.~ 'j H yr o~ C2~ ~hV -'--r.0♦'NVn li I n II S' . 0 x ciCNCNnL RCL}!f, rpnlE Y; 1 I ,r~* rf~/ ~ 6l I ~I f 1 , I ,fY~ I I 6 ♦1~ i J 1 , 14 4~, 11 es I '41 YIIY I{~{DV Ir III, r+UlaN t'I• I f~j ~1` ~r Sill A, It SRECNWOQd Sl. 14 e4 11 i' flv WI Jl ue•I t<+kt ~ ~ /111 ~ 'd ` _ sg1Y / w It Sd 12t 6 JULY JULY 3, 198 ~ u r .I tour eITY Or DtN /ON / ° Oa i.Ilu!r4', Nrraa WLLL NH A1El9ENHf'!,Vl~,rt WRVE'YA-sit 05RORNE GROCERY 010U11101J ' L'1 ! bLi:A OIIC ' .b2S0 Arras OW"NFq 1 .f05C MI C4RTCR SMVCY A•268 05CORNE GkO: vro, CO N R AIMCNNCIMER MA'6EY A •A4 It O 05LORMC Lllf l LWAIIY Cf 6L/dIONI TCY,Sb kO IMAIVik eI: 11CN10N. T% 'y'.; Or ►II ILIMIIYARI. VIAT OSDOItNC GROMON A"1710N LnW U: Drr.l hJlr RJC?; Fort It! Ln 16,10( {S'.IKfMII1 ovit l p,,, FIRST < COMPANY INVESTMENT BANKERS MRRCANVLL DALLA$ •UILDINO DALLAS, TEXAS 73001 FRANK J, MEDANICH August 21, 1984 19141 149.4441 %thron Vic[ P"CbloCNt Honorable Mayor and City Council City of Denton Denton, Texas Gentlement A rule of the Municipal Securities Rulemaking Board, under which we operate, requires that we advise you In writing of our Intention to bid for our own account or with others for your Certificates and that we have your written consent to do so. Our Financial Advisory Agreement, the Notice of Sale and the Official Statement to be mailed to prospective bidders and purchasers of your Certificates shall state: . First Southwest Company Is employed as Financial Advisor to the City In connection with the Issuance of the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the issuance and delivery of the Certificates. First Southwest Company may submit a bid for the Certiflcates, either inde- pendently or as a member of a syndicate organized to submit a bid for the Certiflcates;l It would be appreciated if you would indicate your approval by signing this letter in the space provided below: Very truly yours, FIRST SOUTHWEST COMPANY By Frank J. Meda ch The above is understood and agreed to, and we hereby give our consent. CITY OF DENTON, TEXAS ATTEST: By Mayor City Secretary PLANNING AND ZONING COMMISSION RSCOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No,; Z-1677 Meeting Date; August 21, 1984 GE14MRAL INFORMATION Applicant: Delwin Morton 2425 N, Central Expressway Suite 323 Richardson, TX 75080 Status of Applicant; Trustee Requested Action; Change in zoning from single family (SF-7) and agricultural (A) classifi- cations to the planned development (PD) classification, if approved, the PD will permit the development of 251 residential lots (typical lot size 6000 square feet). Location and size: 52.3 acres located at the northwest corner of Audra Lane and Lattimore Street Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Vacant South - Single family residential, vacant; A, PD-9 East - Single family residential, vacant; A West Single family residential.; SF'-7 Denton Development Guide: Area is designated as low intensity. (Case * Z-1677) Page Two SPECIAL INFORMATION Drainage: Drainage is a major consideration at this site. Detention and a storm sewer system will be required as well as some channel improvements. Utilities: This development will be served by utilizing and extending existing water and sewer lines in Wayne, Tyler ,i and Lattimore streets, Electric service will be provided; a combi- nation of overhead and underground i service is recommended, Gas service is available and telephone and cable T,V, service can be provided. s Transportation: A street layout featuring a realign- ment of Audra Lane is proposed. Audra Lane will go north and connect with Nottingham. The portion of Audra Lane from the south boundary of j this development to the bend of the road will remain open at the present € time for access to residences located there. ANA 1,Y S I S The proposed single family detached land use in this request is consistent with Development Guide policies for low intensity areas. The smallest zoning ordinance standard single family lot size is 7000 square feet (SF-7 zoning district); however, sev- eral subdivisions with 6000 minimum square foot lots have been approved in recent years through planned development (P?)) zon- ing, Although the 6000 square foot lot trend is now being repeated in the north quadrant of the city, tho east quadrant of the city has been impacted more than any other area to date. Six thousand (6000) square foot lots for conventional single family detached site built housing is considered reasonable if approved to the point that SF-7 zoning has no practical application and value, f (Case N Z-1677) Page Three ANALYSIS (Continued) The intensity study indicates that there is available intensity in this area based on existing land use. Theta are 5314.36 1 trips per day aivailable based on existing land use. The pro- posed development will generate 1768 trips per day; therefore, this development is well within the intensity guidelines for this area based on existing land use. RECOMMENDATION The Planning and Zoning commission recommends approval of Z-1677 by a vote of 6-0 with the following conditions: 1. Preliminary and final plats in accordance with the City of Denton Subdivision Regulations and Land Development Code, shall be secured prior to issuance of building permits. 2. Final street layout will be determined during the platting stage of this development. 3. Single family (SF,-7) zoning ordinance standards and building I code requirements shall be met unless expressly waived as part of the planned development (PD) zoning process. 4. Single family detached land use on minimum 6000 square foot lots shall be permitted at this site (60' x 100' typical lot size.) 5. Electrical service will be underground except for distribu- tion feeder lines. 6. If 15 percent of the property is riot developed within three (3) years, the property will be reviewed for possible back•- zoniag. ALTERNATIVES -1 1. Approve petition with conditions 2, Approve petition with additional conditions 3. Approve petition without conditions 4. Deny petition (Caws # Z-1677) page Four ATTACHMENTS 1. Aerial 2, Pxoposed planned development concept plan 3. Reply form totals 4. Property owner list 5. Minutes of Planning and Zoning Commission meeting of July 25, 1984 0708a a It P 400 . r ' Io- ~ ~ J• , j'j #lie ~ T s r ,r, ',~sd' y• P lot r ' 4 A~~"^TT-~ s ,13~ t k ~r ♦ ~'al'`pq-~"~✓I 'a •t ,7~'+f 'at ~T"y...¢n Jf~ i lot 40 OV tila, G~ ! f Sy'y fs y `~Ty ^i M t ~ t ~ ~ ,iw.r ,m dam` y ~ ~,a•'. Y I♦, N' ~ P fir," ,r -fir v 'T• . Lam, F A I+' i, • I Sp T" • .1 ~I f l OLIN 60 rJ n o ht I ~ ~ ! i 2. \ 1 1 xv T' 11111 n ,Q ' ~ v 1 1 •E 1 ANN -,7 PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1677 I IN FAVOR IN OPPOSITION UNDECIDED Maranatha Baptist L. L, Morris 1301 Audra Denton, Texas (One reply form was returned from C. L. Yeatts without indicating whether in favor or opposed.) ,In~•Yy i I V • , 1 '•i'' ,.pq.211J 176J15 7 3 r9 . . ors, e cl ~a Cat ~5-~cr..._. AK 12 - GQ~ if i I 8, F, I ~I (0 i IT 11 44A4," U O i J5o c 4~6 14~lry 4101,4 Xj 14 77 i IMH /7 { ~ hey I~Ii I~ I 1314, ~I LLP j ~ . i t kl 4 f - - - -Asa-Q-L- 22- Yt~09Z ~~s 23 10 f 241 a~ 411,11, r 50 1 A4 J 12&Ae- 16a I , i ~ 1 u ,y 65 c _ - - `4 I Jk 1'i . . ~f i r i r 1 AA AO W ~ i P & 2 Minutes Page 2 Mx. Sidor made a motion to approve the consent agenda. Seconded by Ms, Cole and carried unanimously (6-0). III. Public Hearings A. 1677, This is the petition of Delwin Morton requesting a o`fi-tnge in zoning from the single family (SF-7) and agrioul- 9 tural (A) classification to the planned development (PD) classification on a 52 aore tract located at the northwest corner of Lattimore Street and Audra Lane, If approved, the planned development will permit the development of single family detached land use with typical lot size of 6,000 square feet. Ms. Spivey stated there were 36 reply forms mailed to property owners within 200 feet of the subject property) 1 was return- ed in favor and zero in opposition, Mr. Charles Watkins stated he is a planner with Fields, Edwards & Associates and he is representing the petitioner. He described the proposed 52 acre tract and the location. He described the surrounding land uses and stated this is a low intensity area as indicated by the Denton Develop- ment Guide, He stated in discussing the proposed with the area land owners, their concern is that it is a rural area and their fears of it becoming urban. He described the proposed re-routing of Audra Lane. He stated he feels this is consistant with the Development Guide and asked Commission for their approval, On question from Mr. Sidor, Mr. Clark stated Audra Lane will go across to Nottingham and cross the MKT Railroad. Carol Williams stated she lives on Audra Lane and the gave the dimensions of her lots. She stated her oposition is the 60' right-of-way they would be required to dedicate to the City, which would be, some 6,000 square feet. She stated she would like to sere larger lot sizes there, Ms. Spivey stated the proposed single family detached land use in this request is consistent with the Development Guide policies for low intensity areas. She stated the smallest zoning ordinance standard single family lot size is 7,000 square feet (SF-7) zoning districts however, several subdivisions with 6,000 minimum square foot lots have been approved recently through planned development (PD) zoning concept. She stated the intensity study indi- cates there is available intensity in this area based on existing land use and existing zoning. There are 5314.36 trips per day available based on existing land use and 7497.3 trips per day available based on existing zoning. The .proposed developme nt will generate 1768 trips per days therefore, this development, is well within the intensity guidelines for this area. She further stated staff recommends P & x Minutes July 25, 1984 Page 3 approval with conditions, Mr. Juren asked if 20' of right-of-way will be ob- tained by the city. Mr. Clark stated we will start out with a 45' road. Mr, Sidor asked if it would be necessary for adjacent property owners to dedicate 20' off their property. Mr, Clark said yes, when pudra Lane goes through they would still have to dedicate 20'. Mr. Sidor commented that 251 residential lots are proposed and asked if SF-7, or SF-10, what would be the number of residential lots, Mr. Greg Edwards answered 208 and 210 respectively. Mr. Watkins stated he would like to emphasize with respect to the re-routing of Audra Lane, the petition- er is dedicating 60' of right-of-way and the develop-. er d,)es intend to dedicate a part of the land for a pa:k if the city is willing to accept it. Mr. ' lire ' i commented he didn't like the idea of the houses having a 15' setback, that it needs to be a 25' setback. Chair declared the public hearing closed. Chairman LaForte stated we don't currently have an SF-6 zoning and would hate to see it come into the PD zoning. Mr. Claiborne made a motion to recommend approval of 2-1677 with the following conditionsi l.' Preliminary and final plats in accordance with the City of Denton Subdivision Regulations and Land Development Code shall be secured prior to issuance of building permits. 2. Final street layout will be determined during the platting stage of this development. 3. Single family (SF-7) zoning ordinance standards and building code requirements shall be met un- less expressly waived as part of the planned de- velopment (PD) zoning process. 4. Single family detached land use on minimum 6000 square foot lots shall be permitted at this site (60 X 100' typical lot size). 5. Electrical service will be underground except for P 4 z minutes auly 25, 1984 Page 4 distribution feeder lines. Mr. Juron seconded the motion and carried unanimously I N0. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DEN'T':,:, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE JF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO, 64-i AND AS SAID MAP APPLIES TO 52 ACRES OF LAND LuCATED AT ?,-E NORTHWEST CORNER OF LATTIMORE STREET AND AUDRA LANE, AND IS M,,,RE PARTICULARLY UESCRIBED N':REIN7 TO PRCVIUE FOR A CHANGE IN ZQN:NG. CLASSIFICATION FROM SINGLE FAMILY "SF-7' AND AGRICULTURAL 'A DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVEoaF- MENT "PD" CLASSIFICATION AND USE DESIGNATION1 AND PROVIDING d:•R AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the zoning classification and use designation of ::,e following described property, to-wit; BEING a survey of a tract of land in the William Lloyd Su: ey Abstract No. 7730 Denton County, 'Texas; and being a part u: a certain tract conveyed by Dora Gladys Martin to M. L, Barr by deed dated 4-29-36 and recorded in Book 257, pg. 345, :,ted Records of Denton County, Texasj and being more particuia:ly described as followsl BEGINNING at an iron Cod in the west line of said Barr : 6e tc that is nortn, 16,0 feet from lie southwest corner of said 3,arr tract (said southwest currier beiny the south line of said Loyd survey)) THENCE north 90034110" east, 648.33 feet to a fence post a corner; THENCE east, along a fence, 1151,32 feet to a fence post f:: a corner) THENCE south 46045133" west along a fence (the centerline an aDandoneu lane), 969,68 feet to an iron rod for a corner rn the south line of said Lloyd Survey in Audra Lane; THENCE west, along the south line of said Lloyd Survey, r4.66 feet; THENCE north 00034110" east, 16,0 feet to a point in a fence; THENCE west 356.67 feet to the point of beginning and contai'ing 12,091 acres of land. All that certain 40.227 acre tract, or parcel of land sit'.sted in the J. D. Lilly Survey, Abstract Nr), 762 and the Wl :ldm Lloyd Survey, Abstract N•N. 773, City and County of De:On, Texas; said tract being 0 : ,I-t occupied (.n the ground as r . hk-ts described in deed from B:.v;o; Neeley to G. H. Neeley as recaroeu in Volume 15U, Page 325 the Deed Records of Denton C2.nty, Texas; said tract being turther descriuea herein by meta, and bounds as follows: BEGINNING for the southwest corner of the tract being desc: ioed nerein, at the center of crosstie corner post in the north :ine of Lattimore Street at the southeast corner of Lot 18, Bloc,- Six, Z-1677/DELWIN MORTON/PAGE 1 - - - - - - - - - - - - - - - - - - I Mozingo Subdivision No. 2 as shown by plat of same reooCded in Volume A, Page 6 of the Plat Records of Denton county, Texas THENCE north 00191 west 1598.5 feet alon3 the general course of Block 6 and Block 4 of said Mokingu Addition to an iron pin set at the northeast corder of said Block 41 Muxingo Addition and in the southeastern line of the T, & P,R,R. right of ways THENCE north 68°37'40' east 1036.3 feet along said railroad right of way to a 6 inch fence corner post at the northwest corner of tract oeseriueu fn deed to Chester Sparks as recorded in Volume 386, Page 573 of the Uead Records of Denton County, Texasr THENCE south 01008'3U" east 1967.8 feet along the general course of old fence lines to an iron pin set in the north line of said Lattimore Street (unplattad at this placer THENCE south 890301 west 995,4 feet along the general course of existing ter.ee line along the northern side of Lattimore Street to the place of ueginning. is hereby changed from Single family "SF--7" and Agricultural %A' District Classification and Use designation to Planned Development 'PD' Classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That prior to issuance of any certificate of occupancy for the use of any buildinn within the planned development district, the following conditions shall be met, 1. Electrical service, except for distribution teeder lines, shall be provided by underground facilities. 2. All lots used for single family detached housing shall be a minimum of b,0UO square feet in area (60' X 1001 typical lot size). SECTION III, That the development of the property shall be in substantial compliance with the site plan attached hereto and made a pare nereof for all purpooes, The Zoning Map of the City of Denton, Texas, auopted the 14th day of January, 19691 as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, be, and the same is hereby amended to show such change in Uistrict Classification and Use subject to the above conditions and specifications. SECTION IV. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare : the City of Denton, Te Xas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens, 'L-1677/DELWIN MORTON/PAGE 2 1 SECTION V, That this uruinance shall be in full force and effect immediately after It; massage and approval, the required public hearings having heretofore been held by the Planning and Zoning commission and the City Council of the City of Denton, Texas, after giving due notice thereot'. PASSEL) AND APPROVED this the day of , 1S4. RICHARD 0, STE ART, MAYOR CITY OF DENTON, TEXAS ATTESTS CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTONr TEXAS APPROVED AS TO LEGAL FORMi JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY t vw r 2-1677/DELWIN MORTON/PAGE 3 r C uY C r~ 1 , 41 I 1 1. r i I , \ ~a 1 i y I r 1 ♦ I { t b \ ,Z ell j ~ 1 ~ j l• I 'i 1 z-1677/DELWIN MORTON PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton city council Case No,: 2-1680 Meeting Date: August 2141984 GENERAL INFORMATION Applicant: Kenneth B. Riney 2034 W, University Dr. Denton, TX 76201 Status of Applicant: Prospective Owner Requested Action: A change in zoning from the office (0) classification to the general retail (GR) classification Location and size: Lot 15A, 'dlook 1 of the Northside Addition is approximately 4800 s,, Mare feet in s1?s and located on the south side of College St, approximately 174 feet west of N. Locust St. Lot 11A is an L-shaped lot approximately 8350 equate feet in size with 31 feet of frontage along the west side of N. Locust St. and 43 feet of frontage along the south side of College St. Existing Land Use: Lot 15A is currently occupied by a vacant structure formerly used as a music studio, Lot 11A is vacant. Surrounding Land Use and Zoning: North - Dentist office, office, i'lorist shop; 0, MF-1, aR South - Apartments, single family; 0 East - Single family house, T.W.U,; 0, MF-2 West - Single family house; 0 Denton Development Guide: Site is located in a moderate intensity area i (0400 M Z-16eo) page Two SPECIAL INFORMATION Drainage: No drainage improvements are required on this tract. Transportation: Both Locust and College streets are in and no improvements will be required to these streets, Staff is concerned about the alley that separates Lots 11A and 15A. The alley is already in poor repair and the City does not have adequate funds and manpower to maintain it. Utilities: Water and sewer service is adequate for this site. Electric, gas, telephone and cable T.V. service can be provided. ANALYSIS These two lots are located in a moderate intensity area. There is no opportunity for strict site plan control with straight general retail zoning, It is felt that open general retail use could be harmful to existing residenoes. Allowing this use could set a trend of encroachment on the existing single family housing in this area. This -Area is an older neighborhood subject to the forces of change. The Denton Development Guide specifically states the following: "In review of zoning, subdivision, city budget Capital Improvement Program planning and other similar decision points, priority will be given to older existing neighborhoods to insure and put the neighborhood and public on notice that zoning stability will be maintained, subdivision and housing redevelopment will be encouraged, and public funds will have a priority to these areas over newly expanding areas," staff recommended denial of this zoning request for the above listed reasons. surrounding property and business owners expressed great support for Mr. Riney at the Planning and zoning commission public hearing, These surrounding property owners felt that Mr, Riney's estate jewelry operation would be an asset, to the neighborhood. The manning and Zoning Commission felt that the proposed use would not be harmful to the neighborhood since a previous retail establishment operated at this location with no apparent ill effects. (Case * Z-1680) Page Three RECOMMENDATION The Planning and Zoning Commission recommends approval of Z-1690 by a vote of 5-1, ALTERNATIVES 1. Approve petition 2. Dyny petition ATTACHMENT 1, Aerial 2. Reply form totals 3. Property owner list 4. Minutes of Planning and Zoning Commission meeting of July 25, 1984 0166] y ~ iM! Y~f,, , I l t) ~ !~1~ `r ~ '~-r ai[ i ` W~ • ~ h' lit .'rY S• , tip' ~fY f~~ l 1 di ~ ~ )lay ^^4i::r° ~ ,}~}rr { , A~ r •Ria r r1Fi1'Y r a ~l , , y ln~ r rye t + '1 Poo, '%T k 1~ 'b r R 4 1{ Y V • i 6 t: 51 }(G l aM~t - ' p •i fF i1~ tN ry ' f , o ~ i , J ~ ~ ~ r ~ N ~ ~t. 1 A -I > w j to ~r;r iF ~.l. i ;j 1 IYI • 1 I) n~F zk f~ ~ v. 4 Ly 'f, w ST tqR gg , „ ♦ ra,. A*~ t' r ~v~'d { (~~7 f~t1, ) ti `i A~ ~ it 1.. ~ ~ ~•4 ~.ir ~ / ~ _ ~ f ~ .t~ ~ d'. k Ni a 7)fn: >'G~%l~t~l r1,ti4 r,,. F 1 Y, 9.~7~4 ^rsrR~olf. I_I'f 1 ' , w 1 ~ r• r i ~,N. 1~ d•'~"" ~I ~ 1 r fie` ` y 9`J6~(7raP {IY a {A, f. 1, t y.. r i4o rX, r" 'i''t.,~ ~ ' , 11 n•f;'~ «I~tr.r~~„ ~u 'gy'ryry. - t}' ao ti' h . rm6 ~f,r,,1:~ a, 'Gr•11 ~ ~ C j.y1 5i~~~F ~ /~i, tb 1 1 1 'Y •n.2i yY`~! N`"} '~~II!±1]MM[1 ~"4't'f `~fl~li wt: µ CS'.'"~ rl ~i~,' Sti ,h A°',r A~, 1~ Y ~'V' 1,. '4 ~f: •Y r 1fi'', 41 } . tl r ~ f i S lei; 1 ,J ~4~ f 1, F J) 1 h) d ~ I~ !.I! sIr 1 1.. L F. A) ~i ~yr (likgY I k~C . v? ! ~ N°v , ie'r ! fl) a 4 G!d 3 r J ,G ~d~l f y t rs i; f .41 ~w 1 ~ i A 4A 34 r, , ~~~1,~ 1' VY ~M1I ~ J), t , ,tr •.yl 'h . t) qY r ~ ; ~R ~ ` 1 l.lll ~ $ R 7 /k t~ f 1~ jl} ~ ~ Y I r 1 r r~ i{ ! 0 1 ' Yi ! ~f 1Jf ~1 ~ Z ' krwYl r v ~ ~ 9. y}1 '~i jA'A! +1.1. , i (if'Y(pPN ~fYffYiffff//1,' qy(? I ~ y r , Ir4ey ifJ 11 ) f' ii 1~`~ 4 4 r rl J+ i t "ff Y17f ° F }r' y i~a t)~t t ki' I• ' ~ ry/1 ~ 4r ) y ap.~~ ~'3 r ( } , ~Sµ ) t~ At 1 ) ~ y, fi A- l ) Ia. N„ ~,yg(~ i F fl f •i "10 0 YF' - 1'~' S1 V +s' A,A) r~♦~4 tlf}~ J y Jl 1 , ~•,y ' ~ ) i ~'~TM14~i ` N t ) ~ 1 ..1 Ki .dMF`~- 7 jS ~ r , v r ~ i , r A qv' PROPER'T'Y OWNER REPLY FORMS CI'T'Y COUNCIL Z-1680 IN FAVOR IN OPPOSITION UNDECIDED J. L. Lyons 2012 Monticello Mesquite, Texas Harry B, Slack 1129 Stanley Denton, Texas Jackie D. Baker 1208 Clover Lane Denton, Texas Ann Pedigo Boynton 1704 Laurelwood Denton, Texas George Liepa 2303 Mercedes Denton, Texas Calvary Baptist Church Rev. T. J. Lynch ` 1601 North Elm Denton, Texas James Storrie 1428 North Locust Denton, Texas r-7 z- 4111 5 711 (CL t A~m .0 c 4 ~ Cain 7 c~ " l LL7 n 1 1 I Jo ET~ T11171,111, , r l r ux~~L-& ALL W42 ~J A IA '7 2 CCU-o~ a ~yJ c _ ' ~ / t, ti is 1~ &AJ AdJ k & „ Minutes July 25, 1984 Page 7 D,~z-1680. This is the petition of Kenneth B, Riney 'requesting a change in zoning from office (0) to the general retail (GR) classification on lots 11A and 15A, 11A ~has Northside (115 College along t) kP`~o block Lot ~ the west side of North Locust Street and approximately 43 feet or frtonage along the south side of College Street. Lot 15A is approximately 48' X 100' in size and begins adjacent and south of College Street approx- imately 174 feet west of North Locust (lots 11A and 15A are separated by public alley) . Ms. Spivey stated there were 23 reply forms mailc,d to property owners within 200 feet of the subject rop erty? 7 were returned in favor and zero in opposition. Mr, Ken Riney stated he has a jewelry store on Univer- sity and has 1,9en in Denton for 17 years, only. sells estate and antique jewelry by appointment stated he plans to restore the proposed property as it is in disarray, Mr. Sidor stated there are two buildings, one oftwhich is a two story house, and asked if he had plans it. Mr., Riney said no, this is the old Les Mills studio, It has Lt-shaped parking on college and opens out onto Locust Street. Mary Claude Gay stated she was representing Dr. and rsee Mr, Mrs. Sinclair and added they would like to estore it. Riney purchase the property s Mr. Jack Baker, 1604 N. Elm, stated he has the business directly across the street and roval i and favor ofhth re- quest and would urge for app stated feels Mr. Riney would take care of the property. Harry Slack, 419 College, stated he was not in opposi- tion, however, Dr. Sinclair did buildta fenceitndown, our property, but Mr. Riney promised Ms, Spivey stated these two lots are locatea£ood- erate intensity area.' and there is no opportunity strict site plan control with straight general retail zoning. It is felt that open general, retail use could be harmful to existing res.iderces. Allowing this use could set a trend of encroachment on the existing single This area is an older family housing in this area. neighborhood subject to the forces of change. She stated the Denton Development Guide specifi asubdiv- states the following: "In review of ision, city budget Capital Improvement Program plan- ning and other similar decision points, priority will be given to older ey.istir,g neighborhoods to insure and P&Z Minutl984 auly Page 8 put . the wnieghborhood at" ublic On notice subdivision andthousing redevelopment will stability Y be will have a priority tonthesegar©as n overY~newlyuex- have a pending areas." She stated staff recommends denial of 7,-1.684, Ms. Gay stated the surrounding area is zoned office e it would be encroaching andstated sshe~doesn't family. on t Mr. Claiborne asked Ms, Gay if they had considered Pp zoning. she said no as they felt general retail zoning was compatible with the flower shop. had been in business Mr, 3uren commented that Mr, Rine for a number of years and that in itself would form some sort of trust, Mr, Juren made a motion to approve 2-1680. sacanded by Mr, sidor and carried 5-1, (Mr. Claiborne voted no.) f NO, AN ORDINANCE AMENDING THE 40NINO hAP OF THY: CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DUNTON, TEXAS, BY ORDINANCE NO. 69-i1 AND AS SAID MAP APPLIES TO LOT 11A AND 15AI BLOCK 11 NORTHSIOE ADUITIONI KNOWN AS 115 WEST COLLEGE STREETI DENTUN COUNTY, TEXASI TO PROVIDE FOR A CHANGE IN ZONING CLASSI- FICATION AND USE DESIGNATION FROM OFFICE '0' DISTRICT CLASSIFICATION AND USE TO GENERAL RETAIL 'OR' CLASSIFICATION AND USE FOR SAID PROPERTYI AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTUN, TEXAS, HEREBY ORDAINS; SECTION I, The Zoning Classification and Use designation of the following described pruperty, to-wits All that certain lot, tract or parcel of land knuwn as Lot IIA and Lot 15A, BiocK 11 Nurthsioe Addition and being located at 115 West College Street, Denton, Texas, is hereby changed from office 00" District Classification an(; Use to General Retail 'OR" District Classification and Use under the Compre- hensive Zoning Ordinance of the City of Denton, Texas, SECTION 11, The Zoning Map of the City of Uentun, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Urdinauces of the City of Denton, Texas under Ordinance No. 69-1, be, and the same is hereby amended to show such change in District Classification and Use. SECTION I:I. That, the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving thy value of the buildings, protecting Iw man lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and Its citizens. SECTION IV. That this ordinance shall be in full force and effect immediately after its passage ana approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, ieXas, after giving due notice thereof. PASSED AND APPROVED this the day of , 1964, RICHARD 0. STEWART, MAYOR CITY OF DENTUNI TEXAS ATTEST: CHARLOTTE ASL,EN, CITY SECRETARY CITY OF DEhTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS: ACTING CITY ATTORNEY CITY OF DENTUN, TEXAS 13Y Nm"o'n oRpINANCE No, a1- ~'~i ORDINANCE AUTHORIZING THE ISSUANCE Or CITY OF DENTON CERTIFICATES OP OBLIGATION, SERIES 1944-Ar AND APPROVING AND AUTHOR- TZ G INST,UM£NTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS i COUNTY OP DENTON i CITY OF DENTON I WHEREAS, Vernon's Article 2364a,1 permits the City to issue and sell for cash uhe Certificates of Obligation hereinafter authorizedt and WHEREAS, the City has duly caused notice of its intention to issue the Certificates of Obligation hereinafter authorised to be published at the times and in the manner required by Vernon's Article 23684. 1, and no petition has been filed protesting the issuance thereof, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS THATi Section 1, AMOUNT AND PURPOSE OF THE CERTIFICATES, The certificate or certificates of the City of Denton, Texas (the "Issuer") and hereby authorized to be issued and delivered in the aggregate principal amount of $1,800,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTIL=UAL OBLIGA- TIONS TO BE INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF A SOLID WASTE DISPOSAL FACILITY (LANDFILL PROJECT) FOR THE CITY, AND THE PURCHASE OF EQUIPMENT, MACHINERY, AND LAND THEREFOR, AND PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCH- ITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH 9UCt[ SOLID WASTE DISPOSAL FACILITIES AND CERTIFICATES OF OB:,IOATION, Section 2, DESIGNATION OF THE CERTIFICATES, Each cert- ificate issued pursuant to this Ordinance shall be designatedi "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 1984-A", and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without interest coupons, payable in installments of principal (the "Initial Certificate but the Initial Certificate may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount o! fully registered certificates, without interest coupons, having serial maturitisa, and in the denomination or denominations of $5,000 or any integral multi- ple of $5,000, all in the manner hereinafter provided. The term "Certilicates" as used in this Ordinance ahall mean and include collectively the Initial Certificate and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificates" shall mean any of the Certificates, Section 3, INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE, (a) The Initial Certificate is hereby authorized to be issued, sold, and delivered hereunder as a mingle fully registered Certificate, without Interest coupons, dated AUGUST It 1984, in the denomination and aggregate principal amount of $1,800,000, numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wits or to the regi`stere assignee or ass gn9es u sa Certificate or any portion or portions thereof (in each case, the 1 "registered owner"), with the annual installments of principal of the Initial Certificate to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM Or INITIAL CERTIFICATt set forth in this Ordinance, (b) The Initial Certificate (i) may be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Certificates, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest 3 on the Initial Certifioats shall be payable, all as provided, and in the manner required or indioated, in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance, Section 4, IWEREST, The unpaid principal balance of the Initial Certificatt shall bear interest from the date of the Initial Certificate to the respective scheduled due dates, or to the respective dates of prepayment or redemption, of the installments of principal of the Initial Certificate, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM of INITIAL CERTIFICATT set forth in this Ordinance, Section S. FORM Or INITIAL CERTIFICATE, The form of the Initial Certificate, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the initial Certificate, shall be substantially as follows FORM OF INITIAL CERTIFICATE NO, R-1 $1,800,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIOATION SERIES 1984-A 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 the registered assignee or assignees of this Certificate or any portion or portions hereof (in each came, the "registered ownerthe aggregate principal amount of $1,800,000 (ONE MILLION E1OHT HUNDRED THOUSAND DOLLARS) in annual installments of principal due and payable on AUOUST 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule, PRINCIPAL PRINCIPAL YEAR -AMOUNTYEAR AMOU1IT_ 1986 $ 35,000 1996 $ 90,000 1987 35,000 1997 100,000 1988 40,000 1998 110,000 1989 45,000 1999 120,000 1990 50,000 2000 1351000 1991 $5,000 2001 150,000 1992 60,000 2002 165,000 1993 65,000 2003 185,000 1994 75,000 2004 205,000 1995 80,000 2 and to ay interest, from the data of this Certificate hereinafter stated, on the balance of each such installment of 1 principal, respectively, from time to time remaining unpaid, at the rates as followed i ^x per annum on the above installment due in 19461 per annum on the above installment due in 1987 tpar annum on the above installment due in 1960 per annum on the above installment due in 1909 y per 4nn4m on the above installment due in 1990 per annum on the above installment due in 1991 _x per annum on the above installment due in 1992 ~X per annum on the above installment duo in 1995 _ per annum on the above installment due in 1994 per annum on the above installment due in 1995 per annum on the above installment due in 1996 _ per annum on the above installment dus in 1997 _Y. per annum on the above installment duo in 1998 ~y per annum an the above installment due in 1999 __Y, per annum on the above installment due in 2000 per snnum on the above installment due in 2001 per annum on the above installment due in 2002 _y. per annum on the above installment due in 2001 y. per annum on the above installment due in 2004 with said interest being payable on FEBRUARY 1, 198f, and semi- annually on each AUOUST 1 and FEBRUARY 1 thereafter while this Certificate or any portion hereof is outstanding and unpaid, THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate ,repayable in lawful money of the United States of America, without exchange or collection charges. The install- ments of principal and the interest on this Certificate are payable to the registered owner hereof through thefservicas of TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Certificate, Payment of all principal of and interest on this Certificats shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal 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 Certificate (the "Certificate 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, first-class postage prepaid, on each such principal and/or intere3t payment date, to the registered owner hereof, at the address of the regis- tered owner, as it appeared on the 15th day of the month next preceding each such data (the "Record Data") on the Registra- tion Books kept by the Paying Agent/ Registrar, as hereinafter described, The Issuer covenants with the registered owner of this Certificate that on or before each principal and/or interest payment date for this Certificate it will make avail- able to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Certificate, when due, IF THE DATE for the payment of the principal of or inter- est on this Certificate 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 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 fordo and effect as if made on the original date payment was due, THIS CERTIFICATE has been outharised in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITYIS CONTRACTUAL i OBLIGATIONS TO BE INCURRED PURSUANT TO CONTRACTS FOR THE E CONSTRUCTION OF A SOLID WASTE DISPOSAL FACILITY (LANDFILL PROJECT) FOR THE CXTY, AND THE PURCHASS Or EQUIPMENT, MACHINERY, AND LAND THEREFOR, AND PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH SOLID WASTE DISPOSAL FACILITIES AND CERTIFICATES OF OBLIGATION, ON AUGUST 11 1994, or on any interest payment date there- after, the unpaid installments of principal of this Certificate 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 Certificate to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Certificate may be redeemed only in an integral multiple of 941000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such 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 such prepayment, or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Certificate 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 Certificate, or the 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 data fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion hereof, THIS CERTIFICATE, 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 Paying Agent /Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee o~ signatures satisfactory to the Paying Agent/ Registrar) evidencing assignment by the initial registered owner of this Certificate, or any portion or portions hereof in any integral multiple of 55,000, to the assignee or assignees in whose name or names this Certificate 4 oferrr sehd y ;uch portion or portions hereof is or are to be trans. and registered, Any Instrument or instruments of, assign Ont satisfactory to the Paying Agent/Registrar may be ! used to evidence the assignment of this Certificate or any such portion or portions hereof by the initial registered owner hereof, A new certificate or certificates payable to such assignee or aeai;rases (which then will be the new registered owner or owners cf such new Certificate or certificates) or to the Initial registered owner as to any portion of this Certificate which is not being assigned initial registered owner, shall be eliver dabyf thee?a Inge Agent/Registrar in conversion of and exchange for this Certificate or any portion or portions hereof, but solely in t for the conversion he form and manner as provided in the next paragra0h hereof and on hereof. Theregistered owner ofsthis rcertificate 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 thetPaying eAgato the extent of such payment, n /R•g1 tray shall not be affected the by any notice to the contrary. 1S PROVIDED above and in the Certificate Ordinance, this Certificate, to the extent o,1 the unpaid or unredeemed principal balance hareof, may be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate which is not being assi-yned and transferred by the initial registered owner, in any denomination or denominations in any Integral multiple of 85,000 (subject to the requirement hereinafter stated that each substitute certificate issued in exchange for any portion of this Certificate shall have a single stated principal maturity date), upon surrender of this Certificate to Agent/Registrar for cancellation, a;,l in Accordance e withn hQ form and procedures set forth in the Certificate Ordinance. If this Certificate or any portion hereof is assigned and transferred or converted each certificate issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Certificate or portion hereof for which the substitute certificate Is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such certificates, respectively, shall be subjact to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Certificate or portion hereof for which they are being exchanged, No such certificate shall be payable in installments, but shall have only one stated principal maturity date, AS PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM MAY BE ASSION£D AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more asslgnaes, but the certificates issued and delivered in exchange for this Certificate or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Certificate Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferrinq converting, and exchanging this Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or TheePayingaAgent/Registrarr shall not be required p to make thereto, any such assignment, conversion, or exchange (i) during the period commencing with the close of businest on any Record Date and ending with the opening of business on the next following 5 principal or interest payment date, or, Iii} with respect to any Certificate or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date, IN THE EVENT any Paying Agent/Registrar for this Certificate is changed by the issuer, resigns, or otherwise CeAa*s to act as such, the issuer has oovoninted in the Certificate ordinance that it promptly will Appoint a competent t and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Certificate. IT IS HEREBY certified, recited, and covenant*d that this Certificate has been duly and validly authorized, issued, and dsliveredp that all acts, conditions, and things required or proper to be p*rformed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance wit: law= that this Certificate is a general obligation of the Issuer, issued on the full. faith and credit thersoft and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes duo and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law) and that this Certificate is additionally secured by and payable from the revenues and income of the Issuer derived from the charge made by the issuer for collecting garbage, trash, and rubbish from each individual family unit in the issuer, in accordance with Section 12.191.1 of the Code of Ordinances of the issuer, and any amendment thereof or substitute therefor, THE ISSUER has reserved the right to issue other and additional obligations payable from taxes and/or the revenues and income described in the paragraph immediately above. BY BECOMING the registered owner of this Certificate, :.%e registered owner thereby acknowledges all of the terms and provisions of the Certificate ordinance, agrees to be bound 'zy such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in :he official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between the registered owner hereof and the Issuer, IN WITNESS WHEREOF, the issuer has caused this Certificate to be signed with the manual signature of the mayor of the Issuer and countersigned with the manual signature of the C:ty Secretary of the issuer, has caused the official seal of t'.^.e Issuer to be duly impressed on this Certificate, and has caused this Certificate to be dated AUGUST 1, 1984, City ecretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) 6 1, ropm p~ F RIOISTRaTION T CATS 01 TlCts COMPTR04GE~Ot P B C U T i COMPTROLLER'S REGISTRATION CERMICATZ, REGISTER NO. I hereby certify thatandiapprowdibytt3i•aAttorneyx0 neC~l certified as to validity, of the bcata of Texas, and that this Certificate has been reVistered by the Comptroller of Public Accounts of the State of Texas, Witness my signature and seal this Comptroller o ub la ccounts of the state of Texas (COMPTROLLER'S SEAL) Section 61 ADDITIONAL CHARACTERISTICS OF THE CERTISI- CATES. • isI tlon and Transfer. (a) The issuer shall keep ov cause to be kept at the principal corporate trust office of TEXAS AMERICAN SANK/FORT WORTH, NIA., FORT WORTH, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Certificates this Paying "Registration and the Issuer hereby appoints 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 record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided) but it shall be the duty of each registered owner to notify the Pays shall /bee maistlr&edr in and writing of the address to which paym nt such Interest payments shall not be mailed unless such notice has been given, The Issuer shall haw 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 Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity, Registration of each Certificate atiy be rans er er of the Registration Books only upon p such Certificate to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper tse tten instruments of assigttm guar of assignment oft Paying or ianyaport(ion evidencing the satisfactory thereof in any Integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees t have the c registered in the name oft such assignee or c assignees. Uponf the assignment and transfer of any Certificate or any portion thereof a new substitute Certificate or certificates shall 'oe issued in conversion and exchange therefor in the manner herein provided, the Initial Certificate, to the exten. of the unpaid or unredeemed principal alance thereof, may b 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 Certificates issued and delivered in conversion of and exchange for the Initial Certificate shall be in my denomination or denominations o any integral multiple of $5,000 (subject to the requirement hereinafter stated stated principal a maturity substitute date)Certificate shall be In shall a single the form 7 . ...x,_11 I . prescribed in the >rORM Off RtMSTITVTR C&RTI1fICATE set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided, If the Initial Certificate or any portion tt(ereof is assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments) and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged) and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being ex- changed. It only a portion of the Initial Certificate is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner subs- titute Certifioates in exchange for the unassigned balance of the Initial Certificate in the same manner as if the initial registered owner were the assignee thereof. If any Certificate or portion thereof other than the Initial Certificate is assigned and transferred or converted each Certificate issued in exchange therefor shall have the seme principal maturity data and bear interest at the same rate as the Certificate for which it is exchanged. A form of assignment shall be printed endorsed on each Certificate, excsptinq the Initial Cert- ificate, which shall be executed by the registered owner or its dul,, authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Certificates or any portion or portions 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 Certificate or Certificates, having the characteristics herein described, payable to such auignee or assignees (which than will be the registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in case only a portion of a Cert- ificate is being assigned and transferred, all in conversion of and exchange for said assigned Certificate or Certificates :r any portion or portions thereof, in the same form and manner, and with the same effect, as provided In Section 6(d), belov for the conversion and exchange of Csrtificates by any regis- tered owner of a Certificate, The Isauer shall pay the Pay.::g Aqent/Registrar's standard or customary fees and charges f-r making such transfer and delivery of a substitute Certificate or Certificates, but the one requesting such transfer shall :ay any taxes or other governmental charges required to be pa:2 with respect thereto, The Paying Agent/Registrar shall not be required to make transfers of registration of any Certificate or any portion thereof (I) during the period commencing with ' the close of business on any Record Cate and ending with t?.e opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, wi::-.in 45 days prior to its redemption date, (b) Ownership of Certificate a. The entity in whose name any Certificate shall be registers in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not s~.:ch Certificate shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to e contraryr and payment of, or on account of, the principal ~f, premium, if any, and interest on any such Certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discliarge the liability •apon such Certificate to the extent of the sum or sums so paid, 8 f I (c) Ths Issuer hereby further appoints the Paying gent/ egistrar to sat as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to convert and exchange or replace Certificates, 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 Certificates, and o! all { conversions and exchanges of Certificates, and all replacements i] of Certificates, as provided in this Ordinance, (d) ve ia d o policeman 11 A th t 0 0 Eac Cert cata issued an de live r pursuant tot s r Inance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Certificate at the principal corporate trust office of the Paying Agent/Registrar, together with a written request there- for duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with quarantee 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 certificates, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), is requested in writing by such registered owner or such assignee or assignees, In an aggregate principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Certificate is assigned and transferred or converted each substitute Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in Installments; and each such Certificate shall have a principal maturity data corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged) and each such Certificate 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 Certificate (other than the Initial Certificate) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Certificate or Certificates 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 owner upon surrender thereof for cancellation. If any Certificate or portion thereof (other than the Initial Certificate) is assigned and transferred or converted, each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is beinq exchanged, Each substitute Certificate shall bear a lettor and/or number to distinguish it from each other .:ertificats. The Paying Agent/Registrar shall convert and exchange or replace Certificates as provided herein, and a%ch fully registered certificate delivered in conversion of and exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may again be converted and exchanged or replaced, It is specifically provided that any Certificate authenticated in conversion of and exchange for or 9 rZ ace+aent of another Certificate on or prior to the first scheduled Record Data, for the Initial Certificate shall bear t interest from the data of the Initial certificate, but each substitute Certificate so authenticsted after such first scheduled Record Date shall bear interest from the interest payment date next preceding the data on which such substitute Certificate was so authenticated, unless such Certificate is authenticated after any Record Date but on or before the ne:;c following interest payment data, in which rise it shall hear i interest from such next following interest payment o.te, provided, however, that if at the time of delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged is due but has not been paid, than such certificate shall bear interest from the date to which such interest has been paid in full, THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of a:id exchange for or replacement of any Cert- ificate or Certificates issued under this Ordinance there shall be printed a certificate, in the form substhntially as follower "PAYING AOENT/REOISTRAR'S AVTHENTICATION CERTIFICATR It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate) and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates 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 Texan TEXAS AMERICAN BANK/FORT WORTH, N, A., FORT WORTH, TEXAS Paying Agent/Registrar Dated By uthe- orized RReprosentative An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, data and manually sign the above Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed, The Paying Agent/Registrar promptly shall cancel all Certificates surrendered for conver- sion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the govern- ing body of the Issc%r or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders cf customary weight and 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 Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate which originally was issued pursuant to this Ordinance, approved by the Attorney Oeneral, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or I 10 exchangingfAny Cis ificate orAnyrportion thereof,vsbutnthe as requostinq any such transfer, conversion, and exchsng4 shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of ouch privilege of conversion and exchange, The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Certificates or any f portion thereof (i) during the period commencing with the close II of business on any Record Date and ending with the opening of business on the next following princip~rti tia to ntorest POrcment date, or, (it) with respect to any C within t days thereof called for redemption prior to maturity, prior to its redemption data. (e) 11 All Certificates issued in conversion and exchangege uaosment of aniy other Certificate or portion sued istered interest coupon*,l with sthe principal ofgand interest an itho h Certificates to be payable onl to the registered owners ties, (ti(i)1)mayybe be redeemed r Tor transferred and°astheir signed, (i1,dmaatube converted and exchanged for other Certificates, ( W shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Certificates shall be pay-l as ableths 1PORM OF SU-5STIaTVTTI CLRTIrI ATS set ifoorthr ind this d, Ordinance, (f) e n o e d r e. V.* Issuer hereby covenants witn t e registered owners o the Certificates 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 Certificates, when due, and (it) pay the fees and charges of the Paying Agant/Registrar for services with respect to the transfer of registration of Certificates, and with respect to the conver- sion and exchange of Certificates solely to the extent above provided in this Ordinanoe, i The Issuer (q1 $ it- Ago covenants wi ta registers owners o the C•rti£inates that at all times while the Certificates are outsibank a Issuer will provide a competent and legally qualified company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying right/Rto, and may, bat°nitsn option change rthea Paying the Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than BO such noticet0 In ethex vent thatlthe entity at any time date as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign ° to act as such, the Issuer covenants that promptly it will trus appoint a competent and legally qualified tankact ast coming any, financial institution, or other agency Agent/Registrar under this Ordinanee. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the stew Paying Agent/Registrar 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/Registrar to each registered owner of the Certificates, by United states mail, first-cliss postage 1 11 pDreppaaide which notice also shall gi a the address s of the new Laying Agent/ M9lrstr%r. sy accepting the horhave nagreeduto the provi io s of/thqq Agor leaOrdinances b and e4 j certified copy of this Ordinance shall be delivered to each I Paying Agent/Registrar. Section 1, FORM or SUBSTITUTR CE1TIFICATV4. The form of j all Certificates issued in conversion and exchange or i replacement of any other Certificate or portion thereof, i includi be printedt on _eachoofP such Cortilicat s sand thet Foirm tof to res"o tively, substantially asc~follows,Cwithfsucheappropriate, variational omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE" CERTIFICATE NO, UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS COUNTY OF DENTON CITY OF DENTONSCERTIFIC TEA F OBLIGATION IVTE •ST RA C N3TVRI0 D~CE CUSIP N i ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a a political subdivision of the State of Texas, hereby promises to pay to (be to the tog the o principal amount of . 111. 01 a na ter called the and to pay interest thereon from AUGUST 1, 1964, to the maturity date specified above, or the data of redemption prior to maturity, a~ the interest rate per annum specified abovei with interest being payable on FEBRUARY 1, 1965, and semiannually on each AUGUST 1 and FEBRUARY 1 thereafter, except that if the data of authentication of this Certificate is later than JANUARY 15, 1983, such principal amount shall bear interest from the interest payment date next preceding the data of authentication, unless such date of authentication is after any Record Oat* (hereinafter defined) but on or before the next 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 Certificate are payable in lawful money of the United States of America, without exchange or collection charges, The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity or upon pthe date rincipal fixed corporat i trust redemption ottfia of prior TEXAS AMERItCAN at the p BANX/FORT WORTH, N.A., FORT NORTH, TEXAS, which is the Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, 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 Certificates (the "Certificate ordinance O) to be on deposit with the Payinq Agent/Registrar for such purpose 12 . ~ i...•...•.... .AMU A•.. U ited d$tites aMailo sent byye Chi i t Paying suchbycheck first-class postage prepaid, on each such interest payment date, to the registered owner hereof at the address of the registered owner, as it appeared on the 15th of the month next preceding each such data (the "Record Date") on the Registration books kept by the paying Agent/Registrar, At hereinafter dssoribed, Any accrued interest due upon the redemption of this Certificate prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agqent/Registrar upon presentation and surrender of this Certificate for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar, The Issuer covenants with the regyistered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued intereat payment date for this Certificate it will make available to the Paying Agent /Registrar, from the "interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in ia+medistely available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or inter- est on this Certificate 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 data for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions art authorized to closer and payment on such data shall have the same force and effect as if made on the original data payment was due, THIS CERTIFICATE is one of an issue of Certificates initially dated AUGUST 11 1981, authorized in accordance with the Constitution and laws of the State of Texas in the princi al amount of ;1,800,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF A SOLID WASTE DISPOSAL FACILITY (LANDFILL PROJECT) FOR THE CITY, AND THE PURCHASE OF EQUIPMENT, MACHINERY, AND LAND THEREFOR, AND PAYING ALL OR A PORTION OF THk CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINAN,.:AL ADVISORS IN CONNECTION WITH SUCH SOLID WASTE DISPOSAL FACILITIES AND CERTIFICATES OF OBLIGATION, ON AUGUST It 19910 or on any interest payment date there- after, the Certificates of this Series may be redeemed prior to their scheduled maturities, at the option of, the Issuer, with funds derived from anyy available and lawful source, as a whole, or in part, and, if in part, the partioul.,. Certificates, or portions thereof, to be redeemed shall be sei.ated and desig- nated by the Issuer (provided that a portion of a Certificate may bt ndeemed only in an integral multiple of $5,000), at the redem,,t:on price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST SO days prior to the date fixed for any redemp- tion of Certificates or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation among securities dealers in The City of New York, New York (including, but not limited to, The Certificate Buyer and The Wall Street Journal), or in the state of Texas 1 (including, but not limited to, The Texas Certificate I Reporter). Such notice also shall be sent by the Paying I Agent/Registrar by United States Mail, first-class postage 13 • preaid, not less than JO days prior to the date fixed for any "09 rede"tion, to the registered owner of each Cortifloste to be redeemed at its address as it appeared on the 45th day prior to such redeoption date) provided, however, that the failure to send, avail, or receive such notice, or any defeat therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, 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 prere- quisite to the redemption of any Certificates or portions thereof, 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 tar the Certificates or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed or redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Cart•- ifioates or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except fQr the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/Registrar out of the funds pro- vided for such payment. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity data, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate ordinance, THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ,I.YY INTEGRAL MULTIPLE 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 Certificates, upon the terms and conditions set forth to the Certificate Ordinance, Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assij=ent, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Cartifi4,ate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be trans- ferred and registered, The form of Assignment printed or endorsed on this Certificate shall be executed by the regis- tered owner or its duly authorized attorney or represents- tive,to evidence the assignment hereof, A new Certificate or Certificates payable to such assignee or assignees (which then i will be the new registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Certificate, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate, all in the form and manner as provided In the next paragraph hereof for the conversion and exchange of other Certificates, The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for ( making such transfer, 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 sha:l I not be required to make transfers of registration of this t Certificate or any portion hereof (i) during the period 14 Record Data and ooasaenoinq with the close of business on rt►y SA4101 with the opening of bu dii ess orn lithe il with followinto respect t principal or interest Prorrtion thereof 0a11e4 for redemption drys rior to its redemption date, an rior ceto maturi maturi ty, or any within portion The registered owner of this Cert liana *hall g be semeld and p~Re9Setter as the treated by the Issuer and the Paying Agentin /go is PaY absolute owner hsreot for all Moses, $h the Ox tent o e i discharge t,landi he Issuer h s and CetheiPaying Aq the extent of i such pn+en shall not be altsveed by any notice to he contrary, ALL cEnIrICATU Of THIS SERIES are iesuable solely as flly reistered anyt Integral,muwithout lt multiple of $ 5,000 ~u As provided in the Certificate Ordinance, this Certificate, o! to unredeemed portion hereof, may, at the request registered owner or the assignee or assignees h r*fo eamoune verted into and exchanged for a like aggregate principal of fully registers icr gisteredhoown+rrteassignee coupons, payable t the appropriate assignees, , as the vacs may be, having the same maturity att, and bearing interest at the same rats, in any denomination or registeredf $$000 a as regses oed denominations in any integral In writing by the appropriate bs, u n surrender of this assignees, as the case may Certificate to the Paying Agant/Rsq strar for cancellation, all in accordance with the form and procedures sat forth n he the Pay Certificate Ordinano*. The issuer shalleepa and changes for Agent/Registrar's standard or customary Certificate or any transferring, converting, and exchanging any transfer, aonvar- portion thereof, but the one requesting suc slon, and excharItio shall pay any taxes or governmental charges required to be paid with respect thereto as a condition prece- dent to the exercise hgant~Rajstrareshall not be required to exchange, The Paying 9 make any such conversion and exchange 111 durinti the period commencing with the close of business on any Record Date and ending with the opening of business on the wnext ith ollow tng: principal or interest paym emptionpdate, prtcr toymaturity~,awithin portion dredfor :H THE EVENT any Paying Agent /Registrar for the Certifieates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has a covenanted a thecent Certificate Ordinance that it promptly will appoint ll and legally qualified substitute therefor, and promptly wi cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited, and covenanted that this Ca tificate has been duly and validly authorized, issued, sr,d de iveredt that all acts, conditions, and things required -jr proper to be performed, exist, and be done precedent to or in the authorisation, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with laver that this Certificate is a general obligation of she Issuer, issued on the full faith and uredit thereof) and tt•,at annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property inle Issuer, and have been pledged Irrevocably for such payment, within the limit prescribed by laws and that this Certificate is additionally secured by and payable from the revenues and collof the ecting Issuer garbage, trashr &Ad t rubbish charge from deach the Issuer for individual 15 family uni'a in the Issuer, in accordance with section 12.14(b) of the Code of Ordinances of the Issuer, and any amendment thereof or substitute therefor, TILE %$$VEII has reserved the right to issue other and additional obligations payable from taxes and/or the revenues and income described in the paragraph immediately above, DY ISCOMINO the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly reoorded and available for inspection in the otfioial minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contrast between each registered owner hereof and the Issuer, IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the facsimile signature tit the Mayor of the rssuer and countersignad with the facsimild signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly imprsr,sed, or placed in facsimile, o,a this Certificate, (fag simile~gnature) (facsimile sicnsktur0 Ci~soretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) FORM OF PAYINO AGENT/REGISTRAR'S AUTHENTICATION CERTIFICAT3 PAYING A0ENT/RE0ISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has beea issued under the provisions of the Certificate Ordinance described on the face c' this Certificatet and that this Certificate has been isuued in conversion of and r;change f:r or replacement of a certificate, certificates, or a portion :f a certificate or certificates of an issue which originally ots approved by the Attorney Oeneral of the State of Texas are registered by the comptroller of Public Accounts of the Stare of Texas, TEXAS AMERICAN BANK/ FORT WORTH, N.A.. FORT WORTH, TEXAS Paying Agent/Registrar Dated By Aut of zed Representative FORM OF ASSIGNMENT, ASSIGNMENT ~ For value received, the undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns this Certificate to (print or type the name and address of the assignee and any other relevant information) 16 and authorises the Paying Agent/Aegistrar to transfer "a ! registration of this Certificate in the Asgiatration books, I Dated 1 Registered . er The signature above is hereby verified ae true and genuine, Section S. TAX LEVY, A special Interest and Sinkinq Fund the "Interest and Sinking Fund") is hereby created solely for the benefit of the Certificates, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer, The Interest anc Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as collected, to the credit of the Interest and Sinking Fund, During each year while any of the Certificates or interest thereon are outstanding and unpaid, the 7overhing body of the Issuer shall compute and Ascertain a rate and amount of ad valorem tax which will be sufficient to raise And produce the money required to pay the interest on the Certificates as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures (but never less than 2% of the original principal amount of the Certificates As a sinking fund each year)i and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being mace for tax delinquencies and the coat of tax collection, Said rate and amounp of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Certificates or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking fund, Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law, Section 9. PLEDOE OF ADDITIONAL REVENUES, The Certificates additionally shall be payable from and secured by the revenues and income of the Issuer derived from the charge made by the Issuer for collecting garbage, trash, and rubbish from sAoh individual family unit in the Issuer, in accordance with Section 12.19(b) of the Code of Ordinances of the Issuer, and any amendment thereof or substitute therefor, The Issuer shall deposit to the credit of the Interest and Sinking Fund from the aforesaid revenues and income and the ad valorem taxes collected pursuant to Section A of this Ordinance, the Amounts that will be sufficient to pay the principal of and interest on the Certificates when due, To the extent that said revenues and income actually are on deposit in the Interest and Sinking fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of such taxes which otherwise would have been required to be levied pursuant to Section 8 may be reduced to the extent and by the amount of the revenues and income then on deposit in the Interest and Sinking Fund. The Issuer reserves the right to issue other and additional obligations payable from taxes and/or the aforesaid revenues and income, { 17 section 10, OSTWANCS Or CSRITTrICAUS, (a) Any Certit- icste and the Interest thereon shall be deosed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided In eubeeQ%ion (d) of this section, when payment of the principal of such Certificate, pl-is interest thereon to the due date (whether such due date ho by reason of maturity, upon redemption or otherwise) either (i) shall have been muds or caused to be made In accordance with the terse thereof (inc- luding the giving of any %equirsd notice of redemption), or (ii) shall have been providad for on or before such due date by irrevocably depowitinq with or making available to the Paying j Agent/Regiatter for such payment 111 lawful money of the United states of America sufficient to sake such payment or (2) dovernment Obligations which mature as to principal and interest in such amounts and at suoh times as will Insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the ayment of its services until all D/teased Certificates shall have become due and payablA. At such time as a Certificate shall be doomed to be a Defeased Certificate hereunder, as aforssaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes heroin levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Govexnment Obligations, (b1 Any moneys to deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Oovernment Obligations, maturing in the amounts and time as hersinbefore set forth, and all income from such Government Obligations reeeivo' by the Paying Agent/ Registrasr which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been sw deposited, shall be turned over to the issuer, or deposited aii directed in writing by the Issuer, (c) The torn "Government obligations" as used in thi Section shall mean direct obligations of the United States r.' America, Including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be In book-entry form, (d) Until all Dlfeasfd Certificates shall have become duo and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeaesd Certificates the same as if they had not been deflasod, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 11, DAMAG90, MUTILATED, LOST, STOLEN, OR DE- t STROYED CERTIFICATES, (a) Re lac! nt Certificates. In the event any outstanding Certificate to adage , mut ated, lost, stolen, or destroyed, the Paying Aqent/Registrar shall cause to be printed, exeouted, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certiticate, in replacement for such Certificate in the manner hereinafter provided, i i (b) A lication for Replacement Certificates, Application or replacement o adage , mut ate , oat, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/ Registrar. In { every case of loss, theft, or destruction of a Certificate, the IB I rpisterAd ~~wner applying for a replacement certificate shall furnish to rho Issuer and to the Paying Agent/Registrar such security or indemnity ae may be required b them to save each of them harmless from any loss or damage with roepeot thereto. Aloof in over case of loss, theft, or destruction of a Certificatl, the registered owner shall furnish to the Issuer and the Paying Agent/negistrar evidence to their satisfaction Of the ,101sT theftt, or destruction of such Certificate, as the case Say be. in every case Of damage or mutilation of a Coo, t livate, the registered owner shall surrender to the Paying Agent./Re istrar for cancellation the Certificate co damaged or mutilated, (o) No Default Occu r*d, Notwithstanding the foregoing provisions oT wi so on, in the event of any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Certificate, the Issuer may authorize the payment of the sass (without surrender thereof except in the case of a dasutged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuinc Replacement oatu. Prior to the issuance o any replacement cart ca e, CaYtiflt e Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits or this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance, (e) A horit for i suin Re lace t Certificates, In accordance w t tct on o err a n, ex. v, t, Art. 717k-6, this Station of this Ordinance shall constitute authority for the issuance of any such replacement certificate 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 certificates is hereby authorized and imposed upon the Paying Aqant/Registrar, Ind the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Certificates issued in conversion and exchange for other Certificates, Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES1 CERTIFICATE COUNSEL'S OPINION, AND CUSIP NUMBERS, The Mayor of the Issuer is hereby authorized to have control of the Initial Certificate issued hereunder and all necessary records and proceedings pertaining to the Initial Certificate 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 Certificate said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Certificate, and the seal of said Comptroller shall be Impressed, or placed in facsimile, on the Initial Certificate, The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate or on any Certificates ' !9 i issued cad delivered in conversion of and exchange or replace- meat of any certificates but neither shall have any legal etfeot, cad shall be solelyY for the convenienae and information of the registered owners o! the Certificates, Section 13. SALE OF INITIAL CERTIFICATE, The Initial certificate is hereby sold and shall be delivered to for cash for the par a • e eo an arue sr`o hereon to date of delivery plus & ,premium of $ It is hereby officially found, 'te sold at npub,icdsale tothe h dder offering cthe lowest interi t cost, after receiving sealed bids pursuant to an official Notice of Bale and Diddinq Instructions and Official Statement dated August 70 19$4, prepared and distributed in connection with the sale of the Initial Certisicate. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use inltthe offer d sale of the Certificates is hereby appproved, is further officially found, determined, and doe &rod that the statements and representations contained in said Official Notice of Sale and official Statement are true and corroct in all material respects, to the best knowledge and belief of the City Council and the Issuer. Section 14. FURTHER PROCEDURES, The Mayor of the Issuer, the City Secretary Secretary of the issuers and all other officers, employees, and agents of the issuers and each of the*, shall be 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 Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable In order to carry uut tho terms and provisions of this Certificate Ordinance, the Certificates, the sale of the Certificates, and the Notice of Sale and Official Statement. In case any officer whose signature shall appear on any Certificate (hall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery, 2 0 .J I 73 . ORDINANCW" NNOi,84 - i ORDINANCE DIRECTItT0 THE PUBLICATION OF NOTICE 01' INTENTION TO I99V8 CITY OF DENTON UTILITY SYSTEM REVENUE 14ONDS, j SERIES 1984-A, IN THE MAXIMUM PRINC.,P&4 AMOUNT OF 920,000,000, AND DIRECTING THE ISSUhNCE AND PUBLICATION :T NOTICE OF SALE OF SAID BONDS THE STATE OF TEXAS I COUNTY OF DENTON i CITY OF DENTON i WHEREAS, the City Council of the City of Denton„ Texas, deems it necessary and advisable that the bonds he;oinafter described be authorized, Issued, sold, and delivered. THE COUNCIL OF THE CITY OF DENTON ORDAINSI Section 1. That the City Secretary is directed to cause the following notice to be published in the "Denton Record- Chroniole", which is a newspaper published in, and having general circulation in, the City of Denton, on the same day .f each of two consecutive weeks, with the date of the first publication to be at least two weeks prior to the date up,*.-, which the City Council intends to pass the Ordinance descr"-*d in the following noticed "NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTItiITI SYSTEM REVENUE BONDS, SERIES 1984-A, IN THE MAXIMUM PRINCIPAL AMOUNT OF $20,000,000 Notice is hereby given, in accordance with Article 234ta, Vernon'i Annotated Texas Civil Statutes, that the City Council of the City of Denton, Texas, intends to pass, at a Regular . Meeting to be held at 7100 PM, on September 25, 1984, at te Municipal Building (City Nall), an Ordinance authorizing ..te issuance, sale, and delivery of an issue of bonds, to be evidenced Initially by a single fully registered bond payar:e in installments, but convertible into definitive bonds multiples of $5,000, to be designated as "City of Dentoa Utility System Revenue Bonds, Series 1984-A, in the maxlmr.:r.. principal amount of $20,000,000, I;o be secured by and paya.:le from a first lien on and pledge of the "Pledged Revenues', which "Pledged Revenues" include initially the "Net Revenues' of the "System", with said "System" initially consisting of the City's entire existing combined ws,terworks, sanitary sewer, and electric light and power system, all as will be defined ir.d provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fi:tean percentum per annum, will be scheduled to mature serially :n installments within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior maturity, and will have such other and further charactsris:,.cs, as will be provided in the aforesaid Ordinance. Said bor..s will be authorized, issued, sold and delivered pursuant Articles llllb, 1112, 1113, and 1114, Vernon's Annotated texas Civil Statutes, and other applicable laws, for the purpose of providing money for improvements and extensions of the afcre- said "System". CITY OF DENTON, TEXAS" Section 2, That the City Secretary is directed to issue a Notice of Sale of Bonds in substantially the following for • A . OFFICIAL NOTICE Oi- SALE ' CITY OF DENTON, TEXAS 420,000,000 U','ILITY SYSTEM REVENUE BONDS, SERIES 1984-A The City Council of the City of Denton, Denton Jountyy, Texas, will receive sealed bids at the Kunioipal Building (City Hall), 215 E. Moxinney Street, in the City of Denton untili 700 p,m „ Tuesday, September 25, 1984 for the purchase of, 420,400,000 Utll_i_tY_ SYatem_ Pevenus BOnde, Ssriea 004-At to a ate3'~c o ar , , an to mature sea'lly December 1 each year 1985 through 2009. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior the date of sale. All sealed bids will be publicly opened and tabu- lated before the Council, Copies of the "Official Statement", "Notice of Sala", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about September 15, 19841 and will be furnished to any prospective bidder upon request, by First Southwest • Compady, 800 Mercantile Dallas Building, Dallas, Texas 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. CHARLOTTE ALLEN City Secretary City of Denton, Texas. Said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notice) and said Notice also shall be published once in the "Denton Record-Chronlole", which has been designated as the official newspaper of the City of Denton. Said publications shall be made at least thirty days prior to the day set for receiving bids. • ± NU, AN ORDINAN13K AMENDING CHAPTER 21 ARTICLE Ii OF THE CODE OF ORDI» NANCE$ OF THE CITY OF DENTON, TEXAS BY ENACTING A NE(V SECTION 2-18 PROVIDING FOR THE APPROVAL OF CITY POLICIES BY RESOLUTION, AVTH- ORI41NO THE CITY MANAGER OR HIS DESIGNEE TO ISSUE ADMINISTRATIVE I PROCEDURES AND DIRECTIVES IMPLEMENTING APPROVED POLICIV$j R£P£ALING ORDINANCE N04 62-40 IN ITS ENTIRETY AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSI SECTION L. That Chapter 2, Article 11 of the Code of Ordinances of the City of Denton, Texas, is hereby amended by enacting a new Section 2-1a, heretofore reserved, to hereafter read as fullowal 'Section 2-18. Policies, Procedures and Directivea (a) The term 'Policy' as used herein is a statement of overall philosophy and direction, describing goals to be accomplished and programs to be established. The term `administrative procedure" as used herein is a specific and detailed statement of thh means and methods by which management Implements a policy. The term "administrative directive" as used herein is a written statement from the city Manager to city employees establishing rules and regulations concern- ing Internal operational matters of the City, (b) Policies and any amendments thereto shall be reviewed by the City Attorney for legal compliance and approved by Resolution of the City Council. (c) The City Manager or his designee is hereby authorized to issue such administrative procedures and directives as he deems necessary to implement approved policies relating to personnel and internal operational matters, Such procedures and directives shall be contained in a manual available for inspection by City employees., SECTION 11. That Ordinance No, 62»4U, heretofore effective, is hereby repealed, SECTION III. That this ordinance shall become effective from and after its date of passage and approval, PASSED AND APPROVED this the day of , 1984, RICHARD 0. STEWAHT, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: b~ /ltG Lao CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: August 210 1984, SUBJrECTs Adoption of an ordinance and service plan annexing approximately 9,013 acres beginning approximately 700 feet east of Sherman Drive (A-4). SUMMARY: Adoption of the accompanying ordinance and service plan will accomplish annexation of 9,013 acres as shown on the attached map. This property is part of a proposed multiple use development along the east side of Sherman Drive, The property is vacant at the present time, but is proposed for single family res- idential development in conjuction with an overall 130 acre planned development. ACTION REQUIRED: Adopt the ordinance and service plan (requires 6 affirmative votes). RECOMMENDATION: The Planning and Zoning commission recommends approval of the annexation. ALTERNATIVES: 1. Adoption of the ordinance and service plan 2. Disapprove the ordinance and service plan 3. Table the ordinance and service plan. ATTACHMEN`1'Ss 1. Ordinance 2. Service plan. o. Map.. Sharron 3armo ~ Planning Intern 0213] ANNEXATION SCHEDULE A-4 (Holloway) May 14, 1984 - Submit agenda item May 1S, 1984 - Submit agenda back-up *May 22, 1984 - City Council sets date, time, and place for public hearings May 23, 1984 - Notice to Denton Record Chronicle and mail-out May 2S9 1984 - Publish notice May 28, 1984 - Submit agenda item May 29, 1984 - SW)mit agenda back-up *Jun 05, 1984 - City Council holds public hearing Jun 06, 1984 - Notice to Denton Record Chronicle and mail-out Jun 08, 1984 - Publish notice Jun 110 1984 - Submit agenda ilem Jun 120 1984 - Submit agenda back-up *Jun 19, 1984 - City Council holds public hearing Jul 02, 1984 - Submit agenda item Jul 030 1984 - Submit agenda back-up **Ju1 10, 1984 - City Council institutes annexation proceedings Jul 11, 1984,- Ordinance to Denton Record Chronicle Jul 139 1984 - Publish ordinance Aug 13, 1984 - Submit agenda item Aug 14, 1984 - Submit agenda back-up *Aug 21, 1984 - City Council takes final action *Indicates City Council action **Indicates Special Called Meeting of the City Council 0476g I ' 7Mi'F.'.rV •^M{. V i}, ".7 T*,.1R'{ .H,~ N+VtI e ~ . •1 by . „ 7 y , . NO. AN ORDINANCE ANNLXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DLNTON, TEXAS' BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTLNG OF APPR07~IMATELY 9,013 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON STATE OF TEXAS AND SLING PART OF A 1$2,542 ACRE TRACT CONVEYED Tb MASSEY AND WILSON BY DEED OF RECORD IN VOLUME l'12, PAGE 903 IN THE DEED R400RD5 OF DENTON COUNTY, TtiAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARINO AN - EFFCCTIVE 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, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 62t' day of T. 1984 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and 'WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 19 day of T~ a 1934 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, acid after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and tha present and future tnhabitaclts thereof shall be entitled to all the rights and pt'ivilages of other citizens of said City and Shall be bound by the acts and ordinances of said City now in effect or-which way hereafter be enacted and the property situated therein Shall ba subject to and shall bear tts prorata part o: toe taxes levied by the City. T;7e tract of land hereby annexed is ~ascri'aed as EcIlows , to -%,-I t: A-4/PACE ONE w.L.y~ t~:f , ;~~s w'rl I~II~.,,rt •.tl ray ~RvY~ , 1u n~'y, 'p~ I.N1.{~Y'f.i. ,1~ ` ~•~J~ ~ sly i.y .ry7 !R'it •,+R' sL~l 1, '1'~ !1 ♦M i~ ~i .~.~n , ~ .1 . lMgi }f 1 f ~ 'r~ l A .>I1 ;1_ RJ~,h 1 • 1. ...}.~~.~,y,r .L 5r .,+MiY LP1i111~Lr Vi'f'~•>1.L.' ~,IYfi1.', 1 1 Al1 o that certai 91015 acre? of Is d, a p rt of the Samuel Motlrealan Survey, Abstract No. 17, in Tenton ~ounty, Texas, and being a part of the 152.$42 acres conveyed to Massey and kilaoa by deed of record in Volume 772, ?A&* 903, iQ the Deed Records of said Coubtyf and this tract being described by metes and bounds as follows: BEGINNING on the east line of said 152.542 acre tract At the south- east corner of 11.0 cores conveyed to Pruett by deed of record in Volume 845, Page $98, in the Deed Records of said County, for the northeast corner of this; THENCE south 02°51'06" west 839.4 feet with the cast line of said 152.542 acres to a northeast city limit line of the City of Denton, Texas, which runs parallel to and 600 feet northeasterly of the cen- terline of proposed Loop No. 288 for the southwest corner of this; THENCE north 51°11'2$" 803.0 feet with said northeast city limit line to an internal corner of said city limit line which is 5~0 feet southeasterly of at right angles to the centerline of Sherman Drive or F.11. Highway No. 428 (this line running parallel to and 600 feet at right angle from the centarline of the proposed Highway Loop No. 288); to the southwest corner of this; 'THENCE north 29°37'08" east 475.0 feet running parallel to and 300 tb,t at right angle from the centerline of F.M. Highway No. 428, to' the north line of the remainder of the !52.542 acres mentioned above and the south line of the Pruett 11,0 acres mentioned above for the northwest corner of this; THENCE south 88°50'32" east 482.0 feet to the place of beginning. SECTION It, The above described property is hereby classified as Agricr--.- tural "A" District and shall so appear on the official zoning map cf the City of Denton, Texas, which map is hereby amended accordingly. SECTION III, This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the day of 11984. PASSED AND APPROVED by the City Council on the day of 1984. CITY OF DENTON, TE.\AS ATTEST; .L A-" L 6o, 1 L L CITY OF DENTON, TEXAS APPROVED n5 TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DE"470;4, TEXAS J v A-4/PAGE TWO + PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by tkae 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, B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4,09 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4,09 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, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. 0. 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. I Service Plan Annexod Areas Pace three Le Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation, 11, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- 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, ~r•ihwyr~lf,4 s11t~1~'_♦1~.4%4+I~.I~f'... 11`9^....,~L,t,~„11s1k`'~_ l' `_'•h11~xi..,." t., i~':•+Aj'a.• - a , M~ Isli r ?1~4~~M' •~.~/•~''gl~k>~.•4 . .H'.~• ~l..~AA -4r~Y; II.YI , ,r"~t , t 1980 CONSO TRACTS A .1 ,4 14 .•.~}.`n... 'y9 1.11... 1 .qY'V' ~ IW hr 1 n'.r rv i:b.v. • V 1 ♦r...r I I 1 ~ 1 205.01 s wmo R 4j1 r~ 208.02 204.02 llt~lil,11«11401000 ,111 It 1111 ~p1 ji~„/ l 11//1/111/111 r 1/j1j/ 1111 ,M. $00 44016% . .-.,%,r, . ~ Iualarul ~ +unldm1a11a1u1a~11// H ~ ~ 206. 1 e 204.03 1 ~ ~ 9 C~ yy 206.02 111111111 111 M I H111111111N 151'111 111111/1/ UI/11111111111111441 Mt MM1 ! S 207'OARSt. 146401 /440$4011441414 IMO/0144u4Q1tIar u1/U1 . J 41 111 411 1441 tot, 210 211 Y A 1j//j/juu/71 GAOL! DR. 212 1~a 208 r~b• b 7 ~f gas Y; I IIIIIIIN/1111/1111111 = f'h. ,yet i o6+ z.~ i r S r Y • S ~ •I . \ e •.,x•41 ~1 r ~ 213 r 11 • Y 104 1 ~ . rr ' •0411 ~ r~y~°~•~~, ~ , •4j41 p00 44ju„f Oy ~"L, ~ ~iy /J . J r . . « 00 yM/111144IIMINHIH,Lf111 94001 Too 1144 •r~ al/1111/11r I rl Nllulu utnnllt; Ili CITY COUNCIL, AGENDA BACK-UP SUMMARY SHEET MEETING DATEt August 21, 1984 SUBJEC:T► Adoption of an ordinance amending Chapter 13 of Appendex B-Zoning of the Code of Ordinances of the City of Denton to provide for the use of lots with less than the minimum area, width or depth require- ments when such lots are approved through the sub- division processt repealing all ordinances in con- flict therewith, and providing for an effective date. SUMMARY: The intent of the above referenced ordinance is to allow for approval, of lot width, lot depth, and lot area variances for subdivisions being con- sidered for review and approval by the Planning and Zoning Commission, and City Council. This ordinance was devised to eliminate a current over- lap or duplication of efforts by the Planning and Zoning Commission and Board of Adjustment. In some instances, subdivision plats are submitted which do not conform to zoning ordinance area re- quirements. Under current procedure, individuals must first go to the Board of Adjustment for lot area variances, and subsequently submit their plat to the Planning and Zoning Commission for review ! or approval. The Legal Department anu staff are concerned about potential situations whereby the Board of Adjustment may take a certain action and the Planning and Zoning Commission may take con- flicting action on the proposed subdivision (or vice-versa). Members of the Board of Adjustment were polled, and it is the consensus that the proposed ordinance is both acceptable and needed. The Planning and Zoning Commission also supports the ordinance. It is important to point out that individual or minor lot variance requests will still be handled by the Board of Adjustment., The intent of this ordinance is to provide for major subdivisions and substantial variance requests, ACTION REQUIRED: Approve or disapprove ordinance REC.`OMMENDATION: The Planning and Zoning Commission recommends approval of the ordinance, ALTERNATIVE:: Approve or disapprove ordinance ATTACHMENTS: 1. Ordinance 2, Planning and Zoning Commission Minutes David Ellison Senior PLanner 0212j I .~.r..~..•r•- '.M4 ri.1'~.i}.a\la£ T.1 i.. r.'Ja~.,i~l•T ~ 13 ; ~ .Lw 4,. w ~ ~a l,'~C 'Y.r Lai.1,;',£a ti1~,i:£ L~,L ~P ,J F:a•av. ,J r v.,. T L".l C'. g so,r ~ p ^ .r ^7.r r.~frrl,r~3 L. l.vrC 1. r1 1 .~'..~L:L ~T ...1'•.,,' w a il it j'. i .++r , • . . r^V I J.cTrJ,. 1 J ~4d4 J: '+-dinBnCas :hat .,r'»ici3 i3 0? .;.panda:; d•~onL-g in ar:, to naca• part :;,a city of +:anton, axes is ,iareoy asandad, ;:tar -uad as follows; ikArticla 13. Area F.• ..dons Txcspc as hdraina:ter ?rovidad, ho buildLng or structure or part thareof shall ba arectad, -alt6rad o hicoovee tad for an" use pernItted Ln cha dts..rict n locatay, unless such buildina or structure and cha lot in o- tract on which Lt ts, or^ is =0~ca llocated '.s 1.n ccnforaicy ~.'ith all c;.a aL.,icum :^311Lr unit area, spaci£iad '-or lot area, lot and side any roar +ares, ccv:rsga a,r £rcnt, ,'.'de11L^3 Area; ?ro~'L: ad, o,.'a'l6Y, :Ildt shy lo: ',S ?art of •a ?idctad SubdLviaLcn apcrcvad `Jy the planning ssLo a to used ?c a-. '.:se ?arritc6d and Boni„g ~J: r. t .S .ocated Jt t :5t3nd LG3 3 t n va LC Ln :;;a at S'Jch lo: d0@S "Ov =Jtlt lJC d-Nd, td Cl'. depth s?eci^ted harem." ;hac the repel s'f any ordinaaea or an}'?airt any thareo doge toe ?raceding seot0nat shall not a4fact or »suit or prosecution gad rL;nt vested or accrued or any proceeding, Jr commenced in any cause before such repeal shall take ef!act; but awry such act done, or ri;ht vested or accrued, or proceed- tngs snit or prosecution 'sad or co:menced shall -train in -'ull partnthereof so repealedthads.amainedp ins `once if such ordinahcA cr- , 5.CTION LLI, "hat this ordinanca shall become af£active L=ddiat@ly -Jpon Lts passage and approval 7AS D 4:D .iP'ROIUD :his the day J£ .\~L~~l.i G. JIL.•M.r `tn WR A- A P & Z Minutes June 13, 1984 Page 2 C. Approval of the preliminary plat of the Patio Garden Homes Addition D. Approval of the preliminary and final plat of the Pecan Forrest Addition Mr, Esous made a motion to approve the consent agenda. Seconded by Mr. Claiborne and unanimously carried (6-0). Ill.rIA-pproval of an ordinance amending Chapter 13 of Appendix B-Zoning of the Code of Ordinances of the City of Den- ton to provide for the use of lots with less than the minimum area, width or depth requirements when such lots are approved through the subdivision process; repealing all ordinances in conflict therewith; and providing for an effective date. Mr. E',lison stated the reason for amending the ordinance is to forward the commission's recommendation to the Coun- cil and to let them consider to approve a lot without approval of the Board of Adjustments and to have one uniform procedure with the criteria being the eight (8) conditions listed in the Subdivision Regulations, He stated the effective date would come from the Legal Department, Mr. Sidor made a motion to recommend approval of an ordinance amending Chapter 13 of Appendix B-zoning of the Code of Ordinances of the City of Denton to provide for the use of lots with less than the minimum area, width or depth requirements when such lots are approved through the subdivision process. Seconded by Mr. Escue wand unanimously carried (6-0). Mr. Juren arrived at the meeting. IV, Public Hearings A. H-32. This is the petition of Keith Shelton request- I-ng historic landmark (H) zoning designation at 621 Grove Street. The property is more particularly described as lot 2 and the west 11 feet of lot 1, block 2, of the woodland Addition. Ms. Spivey stated there were 9 repply forms mailed to property owners within 200 feet; 5 were returned in favor and I in opposition. July 1984 CITY COUNCIL AGENDA ITEM SUBJECT: Consider Abandonment of a Portion of an Existing 6" Waterline Adjacent to the Dave Krause Automobile Dealership on West University Bldv., between Cornell Street and Malone Street, SUMMARY In 1972, the property owner, at their expense, constructed a 6" waterline from Malone Street east to Cornell Street, The purpose of the 6" waterline was to serve the commercial building and to provide water to an undeveloped lot behind Krause Auk le tie on this 6"e waDave Krause terline Is automobile the Dave agency. line deadends at Cornell Street. Mr. Krause has requested that a portion of this 6" waterline be abandoned from approximately midway between Malone and Cornell Streets over to the end of Cornell. Street, and that his meter bo relocated to the new end of this line. (see letter attached), Dave Kruuse intends to construct an extension to his service building, and it would not be practical for this waterline to be underneath the new building, He has also become owner of the vacant lot which would have been served by this 6" waterline. Mr. Krause has entered into an agreement stating that if any time in the next ten years that water is required to serve the property in the vicinity, he would pay for the equivalent of a 6" line from Amherst Street south along Cornell to such location, The Utility staff does not see any reason for not approving this utility line abandonment as requested. FISCAL SUMMARY: All expenses of abandonment and rolocation of meter will be paid for by Dave Krause, ACTION REQUIRED: City Council approval to abandon a portion of the existing 6" waterline from midway of Malone Street to Cornell Street presently only serving Dave Krause Automobile Agency. 3143U:1 ALTHRNATIV88 Not applicable RECOMMbNDA,r ION The Public Utilities Board, at their meeting of Jul), 2, 1984) recommended to the Council abandonment of a portion of the existing ti" waterline behind Dave Krause automobile dealership, that portion being approximately halfway between Malone and Cornell Streets to its deadend on Cornell Street, Respectfully, R, }i, Nelson Director of Utilities EXHIBIT 1 Ordinance abandoning line 11 Letter requesting abandonment of portion of subject waterline III Letter agreement from Dave Krauso Pontlac-Toyota, inc., IV Location Map V Minutes PUB Meeting July 2, 1964 3143U;2 NU. AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAIL) EASEMENTI AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said utility easement is not needed for public use, and that same should be abandoned and quitolaimod to Dave Krause Pontiac-Toyota, Inc., as hereinafter providedr and WHEREAS, the City council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Dave Krause Pontiac-Toyota, Inc., for the consideration hereinafter more fully set forthl now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITf OF DENTON: :SECTION I. That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned: To that certain tract or parcel of land situated in the Robert Beaumont Survey, Abstract No. 31, City and County of Denton, Texas the said tract being a part of the tract described to the deed from George W. Hinkle et ux to J. Newton kayzor recordeu in Volume 3990 Page 551 of the Deed Records of Denton Cuunty, Texas, the said tract being more particularly described as followsi commencing at an iron Cod found at the southeast corner of Lot 10 block V111 of North University Place Addition as shown uy the plat thereof recorded in Volume 30 Page 13 of the Plat Records of Denton County, Texasi THENCE south 01043100" west with the west line of Cornell Street a distance of 135.58 feet to the point of beginning: THENCE south 01043000" west with the west line of Cornell Street a distance of 16.U0 feet to a point for corner at an iron rod at the northeast corner of the tract described in the deed to Dave Krause Pontiac, Inc. recorded in Volume, 8071 Page 162 of the Deed Records of Denton County, Texas THENCE north 88019116' west along the north line of Salk! Dave Krause Pontiac, Inc. tract a distance of 250.41 feet to an iron Cod set for corner at the northeast corner of a tract oescribed in deed to Soathwest Employee's Incentive Plan recorded in Volume 488, Page 518 of the Deed Records of Denton County, Texas THENCE north 01040144" east a distance of 16.00 feet to a point for corners THENCE south 8019'16" east a distance of 250.42 feet to the point of beginning and enclosing in all 4,U06.64 square feet or 0.092 acres. i i SECTION II. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein oonveying said utility easement described therein to Dave Krause Pontiac-TOyota, Inc. SECTION III, That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not, SECTION IV. This ordinance shall taKe effect and be In full force and effect from and after the date of its passage, and it is so ordained, PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the day of r 19540 RICHARD 0, STEWART, MAYOR CITY OF DENTON, TEXAS ATTESTi CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTUN, TEXAS APPROVED AS TO LEGAL FORMt JUE D. MORRIS, ACTING CITY ATTURNEY CITY OF DENTON, TEXAS BY; i THE STATE OF TEXA t KNOW ALL MEN BY 'Hl= PRl39Mt COUNTY OF DENTON Tbat The City of Denton, Texas, a Municipal Corporation i of the County of Denton am State of Texas for and in corAdwad*a of the sum of ---------------,---------Hg N AND Npo/10po (510,00)--------- DOLLARS, and other good and valuablo considbratLon to It inhandpaldby Dave Krause Pontiac-Toyota, Inc, of the County of Denton and state of Texas , the r*W$ 4 vWd Is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE. AND F'OM'ER QUIT CLAIM unto the said Dave Krause Pontiac -Toyota, I no., its successors x t a t l t i x and assigns, all i t s right title and interest in and to that curtain trsbt or par. cel of land lying In the County of Denton and State of Texas, described as Mllows, to-wits To that certain tract or parcel of land situated in tha Robert 8eaumont survey, Abstract No, 31, City and County of Denton, Teals, the said tract being a part of the tract described in the deed from Ga,.rge W, Hinkle et ux to J. Newton Raynor recorded in Volume 399, Page $51 of the Deed Records of Denton County, Texas, the said tract be in more particularly described as followsi Commencing at an iron rod found at the southeast corner of Lot 1, Block Vlll of North University Place Addition as shown by the plat thereof recorded in Volume 31 Page 13 of the Plat Records of Denton County, Texas, THENCE south 01043100" west with the west line of Cornell street a istande of 135.58 feet to the point of beginning, THENCE south 01°43100" west with the west line of Cornell Street a distance of 16.00 feet to a point for corner at an iron rod at the northeast corner of the tract described in the deed to Dave Krause Pontiac, Inc. recorded in Volume 807, Page 162 of the Deed Records of Denton County, Texas; THENCE north 88619116" west along the north line of said Dare Krause Pontiac, Inc, tract a distance of 250,41 feet to an iron rod set for corner at the northeast corner of a tract described in deep to Suathwest Employee's incentive Plan recorded in Volume 488, page 518 of :.*.e Deed Records of Denton County, Texas, THENCE north U1040144" east a distance of 16.00 feet to a point for .corner, THENCE south 88°19'16" east a distance of 250.42 feet to the •otnt of beginning and enclosing in all 4,006,64 square feet or 0,092 acres, TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privl• leges and appurtenances thereto In any manner belonging unto the acid Dave Krause :nt Inc- Toyota, Inc., its successors Nahexand assigns, forever, so that neither the said city of Denton, Texas, a kunicipal Corporation, It,, successors nor haEAltmmeser person or persons Claiming under It shell, at any time ht"Oter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. WITNESS our hand at Denton, Texas this day of A. D. 19 8 i Witnesses at Request of Grantori CITY OF DENT ATTFST: RICHARD 0. STEWART. NIAYOR~ ....CHARLOTTE -ALLEN, CITY 31iCR>sTAR~I~_.. , a DAVE KRAUSE PONTIAC - TOYOTA, INC$ taw weH U0W1Wi Dew 10. fox 14'10 "to" W441 , Maus ruol MPONTIAC ceNror+ August 9, 1984 Mr, Bob Nelson Dir of Utilities City of Denton Denton, Tx Letter of Agreement In consideration of the city of Denton aabandoning anytimeghts to the six inch water line on my property, within next ten years from this date, when water is required in this area, i will pay the equivalent cost of the installation of a sixtinch water line to run from Amherst 5t south along Cornell to vicinity of the area where the abandoned water line now exists, Very.t ru y y rs, J. D, Kraus, President cc; U S Bank J, Newton Razor aro DAVE KRAUSE PONTIAC-TOYOTA, INC. 1410 Woo QW041*0 oriw ".W,0, bx 1224 MM" Ws•sol owroN, nags razor PONTIAC >rr I i~ Nr. Bob Nelson Director of utilities City of Denton ; P. 0. Box 2347 Denton, Texas 76202 Dear mr, Nelson: We plan to expand our facilities as per plans to the city for your review and we need your assistance in relocating your peter which will necessitate a new tap. Also, there is an existing 6" water main that is not used. We request this unused main be plugged and abandoned. 3"rr~ce ely~j !rs, k1 D use UPresid t June 18, 1984 ®0a 1 _ .1 - 7 • V f I ~ ' ~ FI ' JY ~ JJ d ' ~N `~-~1 41i'' 1~' AL. J N , . • Ji , Yi r IW r r .r 17 i 1 M \ u 0 1 f Y { ~ 1 ~ ~ rr. X11 y j• ~ , ~q i t~ yl . V I r.ll "f IJ Nr, i 14 witt J N J M 7 q r 'r_ i!HH , • -"11 If-_• ' N y I M _-iil _ M 41. rrMW .-~M {I~ / • y I , N• 41 I Y N I/ I I J 1 J N N r • • 1 to N r r i0 r N } • + • I NNE 1 A~Ij i • + ~ I M NI• 1 _ ai•1 • ~ 1 ♦ J i J • I u N a ~ • • • 1 J ' ~ !1:'`~~ oar ~~roa~ 4as> w ~ J • ~ 5u1.E ~ z au rse' J a w•ae~ ro . IN AhANI"t 7 ~ 7 • IJ 4~ Olt[ r1',lu NMI Y f if I _J N NWY 3i0 UNIVIASM D 1 61 al W..'-' » Yilil Y r N.u 7.T."~.°'"` ="•1 ,I Jt is t 9 it- tfl_ ,J CITY OF DENTON, TEXX:S Ti." na'-np'°~'w,r_.P_.~ • l'u i _M ~..l~_'Y,. .-i.ns _J. II - FILE a. 29 6NIa ua. 2-4c, wr ~m ~ •r.W Mtr Nnl r., tow L-4 n I.. G i ~ i 1 SURVEYOR'S NOTES To that certain tract or parcel of land situated in the Robert Beaumont Survey, Abstract No, 31, City and County of Denton, Texast the said tract being a part of the tract described in the deed from George W, }tinkle et ux to J, Newton Rayzor recorded in volume 399 page 551 of the Deed Records of Denton County, Texas, the said tract being more particularly described as follows Commencing at an iron rod found at the Southeast corner of Lot 1, Block VIII Plat Addition Records soft~Denton County, Texasithereof recorded in volume t3 page e13 iof the Place of to d the e POINT t OF the West THENCE Souh BEGINNING; Stree01 a degrees distance 3 of minutes 0 feet seconds C THENCE South 01 degrees 43 minutes 00 seconds West with the West line of Cornell Street a distance of 16.00 feet to a point for corner at an iron rod at the Northeast corner of the tract described in the deed to Dave Krause Pontiac, Inc. recorded in volume 807 page 162 of the Deed Records of Denton County, Texas; THENCE North 88 degrees 19 minutes 16 seconds West along the North line of said Dave Krause Pontiac, Inr, tract a distance of 250.41 feet to an iron rod set for corner at the Northeast corner of a tract described in deed to Southwest Employee's Incentive Plan recorded in volume 488 page 518 of the Deed Records of Denton County, Texas; THENCE North 01 degrees 40 minutes 44 seconds East a distance of 16.00 feat to a point for corners THENCE South 88 degrees 19 minutes 16 seconds East a distance of 250.42 feet to the POINT O BEGINNING and enclosing in all 4,006.64 square feet or 0.092 acres. CONSIDER BANDONMENT OF A PORTION Of' 'AN EXISTING 6" CORNE S , : taZZ ricomamended- to tFdi S Abandonment a approve ~ Eli rsuch approval be passed on to the City Council, After discussion with Staff, Nancy Boyd made a motion to approve and recommend to the City Council approval of the abandonment of the easement. Leonard Herring second, all ayes, no nayes, motion carried. 10. CON DER PROPOSED CONSTRUCTION AND OVERSIZE AGREEMENT WITH INTE95LUTIVN OF TEMLZY LANt"AND DALLAS DRIVE, ALONG DUN ALONG CREEK BED To PECAN CREW TWIN OUT= STREET, INTERCEPT ; Motion made by N*nc Aoyd-to approve the My 's participation, recommend to the City Council. Second by Leonard Herring. All ayes, no nayes, motion carried. 11. CONSIDER PROVIDING WATER SEWER SERVICE TO JO STORER DEVELOPMERF-MUTH OF HIGHWAY 377 AND BRUSH CREEK ROAD, AND APPROVAL OF ASSOCIATED OVERSIZINZ: AND MU'WA AGREEMUCTS.6 Leonard Herring made a motion, Nancy Boyd second, to provide an oversized agreement for water and sewer pines with Jo Storer, to provide a 16" water line and a 10" sewer line, with the City paying for the oversize of the waterline within its city limits down Hobson to the xailroad underpass. All ayes, no nayes, motion carried. 12. CONSIDER PROVIDING SANITARY SEWER SERVICE FOR R.O. MC©ONNEL on 90-ACRE TRACT LOCATED OUTSIDE DENTON CITY LIMITS: Motion by Nancy Boyd, second by Leonard err ng to recommend approval of the sewer service outside the city limits to R. 0. McDonnel. After a brief discussion, motion carried. Three ayes, no nayes, motion carried. 13. CONSIDER DOWNTOWN SQUARE UNDERGROUND PADMOUNT_ SWITCH AND SPACE: TWSF6RMER r. u os explained the situation that certain parking spaces would have to be dedicated for the purpose of placing padmounts in order to provide underground electric service to the Denton square. In order to facilitate this procedure, certain parking :spaces have been designated for use by the electric service to place transformation equipment. After discussion, Leonard Herring motioned that the Traffic Commission and the City Council adopt these locations designated for exclusive use by the Electric Utility System for installation of padmount equipment. Three ayes, no nayes, motion carried. 3055U:4/~~~ CITY COUNCIL AGENDA HACK-UP SUMMARY SHEET MEETING DATE: August 21, 1984 SUBJECT: Consider a concurrent resolution relinquishing all platting jurisdiction and zoning control over that portion of the Pecan Acres Addition situated within the corporate limits of the City of Denton. SUMMARY: The City of Argyle has delayed final approval of the attached 78.62 acre (12 lot) single family subdivision for several months. The subdivision meets Argyle's standards but a 10' x 1,518.7' portion of the subdivisiun located adjacent and south of Hickory Hill Road falls within Denton's city limn s. The City of Argyle has required the signature of Denton's Mayor and City Secre- tary indicating acceptance before the final plat is approved and filed. The portion of the property in Denton's city limits is designated as part of the front yard set back only, thus it would be difficult to process and review the overall subdivision in accordance with City of Denton requirements and procedures. Mr. George Klein, owner and devel- oper met with several staff members in engineer- ing and planning before being referred to the Legal Department for direction, The Legal Department staff and Mr. Klein suggested the chosen procedure as a method of satisfying Argyle's requirement that the City of Denton join in acceptance of the plat. AC'T'ION REQUIRED: Approval of the resolution RECONINIENDATION: The Planning and Zoning Commission recommends approval of the resolution by a vote of 6.0, ALTERNATIVES: Approve, deny or table resolution EXHIBI'T'S: 1. Resolution 2. Reduced final plat 3. Minutes of the Planning and Zoning Commission meeting of August 8, 1984 av son Senior Planner 0411s r CONCURRENT RESOLUTION WHEREAS, a final plat known as the Ptlcan Acres Addition to the City of Argyle, Texas has baen approved by the Planning and Zoning Commission of the city of Argyle, Texast and WHEREASt the northern ten JIG) feet of the proposed addition abutting Hickory Hill good is Inside the corporate limits of the City of Denton with the remainder of the addition being situated within the corporate limits of the City of Argyle? and WHEREASt after careful consideration, the Planning and Zoning Commission and the City Council of the city of 0enton desire to relinquish all platting jurisdiction and coning control over that portion of the Pecan Acres Addition situated within the corporate limits of the City of Denton? NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION I. That platting jurisdiction and zoning control ovar the following described portion of the pecan Acres Addition to the City of Argyle is hereby relinquished to the City of Argyle; A ten (101) foot strip of land situated inside the corporate limits of the City of Denton, Texas, immediately to the south of Hickory kill Road which is more particularly described as follows; All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State Of Texas, and being part of the F. Ramsey Survey, Abstract No. 1102 and the J. Smith Survey, Abstract No. 1180 and more particularly described as follows: COMMENCING at the northeast corner of the N. George Survey, Abstract No. 477, said point lying in the south boundary line of the F. Ramsey Survey, Abstract No. 1102 and the east boundary line of the proposed Pecan Acres Addition to the City of Argyle, Texast THENCE north 4°50' east along the east boundary of the said Pecan Acres Addition a distance of 1118 feet to the POINT OF BEGINNING said point lying on the corporate limits line of the City of Denton, Texas, and 10 feet south of the south right of way line of Hickory Hill Road? THENCE south 88050' west 10 feet south of the south right of way line of Hickory Hill Road and along the Denton city limits line CONCURRENT RESOLUTION/PAGE 1 a distance of 1$1a.7 feet to a point for a carrier in the west boundary line of the said Pecan Acres Addition! THENCE north 16041 east along the we8t boundary line of said Pecan Acres, a distance of 10 feet to a point for a corner, said point Vetrig the south right of way line of Hickory Hill Road and located 10 feet inside the corporate limits line of the City of Denton, Texas: THENCE north 88050 east along the north boundary line of the Pecan Acres Addition, same being the south right of way line of Hickory Hill Road and within the corporate limits at the Clty of Denton, Texas a distance of 1518.7 feet to a point for a cornea THENCE south 40501 weut a distance of 10 feet to the place of beginning, SECTION II. That a copy of this Resolution be attached to the final plat of the Pecan Acres Addition to the City of Argyle and be recorded therewith, The above and foregoing Concurrent Resolution was duly PASSED and APPROVED at a meeting of the Planning and Zoning Commission for the City of Denton on (Gtp~+^- , 1984, R ERT LAPORTE, CHAIRMAN PLANNING & ZONING COMMISSION CITY OF DENTON# TEXAS The above Ann foregoing Concurrent Resolution was auly PASSED and APPROVED at a meeting of the City Council of the City of Denton on , 1984. RICHARD 0. STEWART, MAYOR CITY OF' DENTON, TEXAS ATTEST; III CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS I APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS HY4 hl CONCURRENT RESOLUTION/PAGE 2 ! AN. TURNIP SVOOr"PON t,A pbwfe AVHIYN rVONtY /p t1/ As d1tAO{tYWrtIJ{fY N41'M°'~,{'eNl1Y rltOrt 1071 I, y - «.--•--Y._ 'A JAY !kl•H I / I tot I a ~.daf SF ~ tK loft Y"-~\ / /,~ri1NY.w f~n~ a 4~ 1 t 1rl.ir lr ai ~ 1 N'9.•V Irr4at 2', ~t ~ey JeltLYlnl lO' ~-"I (7/~V t'Y I ~ Y e 4. E ' t 1t , i vl~ rO~Ir Jyy,I l IjOT"04'4Y1 IWWY'+) ml JO'M.Yn) 7Yl"rY lr♦ + N r'J"' " yj f { y {"ti All W) b y"'~I♦ra w^I l 7.1 1 JeM 4A jkIMI MaiV.7 "1 t J Y i~ J " I { e ! ♦ + ae1\\`\\~ f•~ N. \ D FCC..~J~ta'A'a Cept ♦ li iJ i \ •1=ae re•4fiW 1r/! wYt 11 y♦ v~,/a.`IJ II ri t♦01C 1 II J r 1 r4 pd~ 34t `}O"" ~,INti . t {~'1/dal a~ J. PLO 0 y~ p tiY f 7 '.j: by Y. SPA I U 11 t 1. yy ~~}y ~y0frr~~' 11100' s _ - w l ~ F 0~ I.{ 41 ~ '~kso'a.lr ~J,•.ay eM tr IrM 'A FTIINT"♦,~ ~ 4 YH ry 1 1411 Y A" tors ~orJ }}oa~rs ~.jf t t \_~)t aF a so k t et.e. 1 7rZ~iJ V p foe. fao to i JHrJ lar i a • tJ i ) j IQ A 2 xrf3fa`raur all 011 11: e f "NfT~ ` a u ' 3 } t 11JT 1YryT✓rilri.?~!, .1.N t AD 1 $P ♦o" 1 I F Roth or r I ~ ~ rP z~asa eo, _ iYd~e 7f JlJ N. oaNrr j1 A AAO~ sr \ r1{ DY Y. >1. es~a -JN1i eal S u' 1,01414# 1lI 0M-_-_-~'_ 711' 0 u « all z tors LA eerJ earl lorr YI.M fills J.4 'N" rJt.c tpdAC rfat: "oeerNAaolw t.t,N; / r1JAC FINAL PLAT z rtK PCCAN ACON4 i N1tMNJ Mr 1 wnrlat alNO rants sueoivrsroN ; il♦trY hr aj7:~~~J,~j ev4 GfN TAV Ploto so (rAY t OI.aa1 ko-O 9i1 tiY .4NIrr11 Y0 IIIfFdvr 111 144111, '11" 4 M...u19'wr.., Nta LNr c...Ca Y '1 rtll hay M vvt O1.4 Ant 11101 rltlAal4 AI}aNIM NYV CPI. Lb.MU WJa~W♦r 1 Y.Ya nv eaw Flood ,I11W lli9J.Yl _ Illf►er•l .ANI YM+r♦ Hj>4I111♦ 9~NGN t Iar.~114J4 U /1 "No N1M uaN in JNI Nt Cegh14 of 7901 ACAfS r1aJN'NN MIaM fNIN0ly NCae I 01 N0104MId Far At$,bdNr,4,, lly e 11 , rY 1A y I TOWS dio. 9, a1+. MMMrJ1 e~YNgw Jrw7v Y4A M«r1wN "1' 1 /Mrs.r,.11 ►w a!« Iw111 J YM ra N wJMIM Ji1dIt Ner P 4 Z Minutes August 8, 1964 Page 17 Hobson Lane to Highway 377 and to the Santa Fe Railroad which is the extent of the residential, commercial and industrial development. He stated fire hydrant water flows in the south Fort Worth Drive (Highway 377) would be substantially improved with this line. He further stated Ms. Storer has agreed to extend at least a 10" sewer line from the proposed development to the Hickory Crook outfall line. He stated prior to Argyle Water Supply Corporation financing the oversizing costs, they have requested a resolution from Denton stating that Denton will sell them water. Such a resolution will be reviewed by the Public Utilities Board in the near future for their consid- eration and recommendation to the Council. Mr, Sidor made a motion to recommend approval of providing water/sewer service to Storer Homes Inc., seconded by Mr. Escue and unanimously carried (6-0). H. r onsider a concurrent resolution relinquishing all platting jurisdiction and zoning control over that portion of Pecan Acres Addition situated within the corporate limits of the City of Denton. Ms, Spivey stated the proposed Pecan Acres Addition to the City of Argyle has a 10' strip of land in p~ the mentioned addition which is inside the City of ~plk Denton's city limits. She stated the addition has been approved by the Argyle Planning and zoning com- mission, but that final approval by the Argyle City Council was being withheld pending the City of Denton's approval. She stated staff has no concerns about the plat since the developer has proposed to plat within the city limits of Argyle. Mr, Sidor made a motion to recommend approval of a concurrent resolution relinquishing all platting jurisdiction and zoning control over that portion of the Pecan Acres Addition situated within the corporate limits of the City of Denton, Seconded by Ms. Cole and unanimously carried (6-0). 7--.--- 1, t- No c.indornicir-]Pd, unclorv:tand that. t.1miri-3 :i~-i a~ hropnmaI Ln pr- ohii)it v ohic:uIar traffic: Irc t:IIo lalac cif VIindvjor on AugusA. 240 J904 bet.v(e?en t.ho huim-ia cH 6 and 1.0I PM •f cir' the, I-Mr•poso of a bloclt party. 1 hcJVW CA r"F?43i(:!(:)-jC' that fair.:cas~ 'this area 'mid by i clni ng t:h i +r p: st. i t i sin do hk-r eby grant, t-A-o Denton City Council permicsrion to c.1c,)su cuff tl-3e L-,teoeat dk.cring these h 155 0 w J`I 0 i , a 8 S 0 4 U T j~ i WHLRLAS, Ray Watkins has requested that Windsor Drive from Old Orchard Trail to Dunes Street and Old Orchard Trail from Windsor Drive to Broken Arrow Street, public street$ within the corporate limits of the City of Denton, Tekas be temporarily closed to public vehicular traffic between the hours of 6,00 p,m, to 10100 P.M. on August 24, 1984, for the purpose of having a noighborhood block partyl and WHEREAS, Kay Watkins has assured the City Council that all restoents in such block nave agreed to the temporary closing of that portion of Windsor Drive and Old Orchard T[aill and WHEREAS, Kay Watkins has further assured the City COUnoll that no alcoholic beverages will be served at the above-mentionoA block Party? NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON TEXAS: SECTION I. That Windsor Drive and Old Orchard yrali, public streets in the corporate limits of the City of Denton, TOXas, be temporarily closed to vehicular traffic from the hours of 6100 p.m. to LO:OO p,m, on August 24, 1984, for the purpose of having a nelghorhood block party. SECTION II. That the City Manager shall direct the appropriate Ctey Department to erect barricades At both ends of Windsor Drive from Old Orchard Trail to Dunes Street and Old Orchard Trail from Windsor to Broken Arrow Street at 6100 P.M. on August 24, 1984, and to have the same removed at 10100 p.m, on said date. PASSED AND APPROVED this _ day of August, 1964, j RICHARD 0. STEWART, MAYOR CITY OF DELITON, TEXAS e 1i j ATTEST: I CHARLOTTE ALLEN, CITY SECRET" Y CITY OF DENTON, TEXAS I APPROVED AS TO LEGAL FORM: JOE 0. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS 1 J e L7DWFP~ MY of DXWON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (81 566.8200 MEMORANDUM T0: Betty McKean, Assistant City Manager FROM: Kathryn Usrey, Director Personnel/Employee Relations DATE August 14, 1984 SUBJ: Adoption of New Policies and Procedures At the August 21st City Council meeting we will be presenting the first group of policies for approval by the City Council, As we have stated before, over 7000 employee hours have been put into the policy/procedure process to-date, Each of the five task forces has worked diligently for the past eighteen months in writing drafts and redrafting policies. Although this process has been much lengthier than we originally anticipated, the benefits of this process have been tremendous. I think a major benefit has been the educational process that we have gone through. The Task Force members are now much more knowledgeable about personnel policies and also about the philosophy behind those policies. That expands also to each department since they have had input in reviewing the preliminary drafts. In order to facilitate the approval of the first group of policies, an ordinance and a resolution are presented to the Council for approval. The ordinance repeals former Ordinance 62-40 and amends the Code of Ordinances by enacting a new Section 218, Section 218 defines policy, administrative procedure, and administrative directive, and establishes a new procedure for enacting policies and procedures. The resolution adopts the nine attached policies and rescinds the appropriate sections of our Employee Rules and Regulations of 1976. Following is a brief summary of the changes and inclusions of each of the policies being presented to the Council. Absenteeism/Tardiness (111,01) Details added to this policy are: The effect on a department's productivity and service caused by an employee's absence; the need of advance notice for scheduling purposes; the consequences of an unauthorized absence; and designation of one employee to receive absentee calls. Adoption of New Policies and Procedures August 14, 1984 Page 2 Compensatory Time (106.06) Additions to this policy are; It details in depth the job families that are either exempt or non-exempt to receive overtime pay; accentuates the need for accurate records of accrued compensatory time; speaks to the need for prior approval of overtime work; sets forth a coiling on the total number of compensatory hours an employee may accrue; and states that terminated exempt employees will not be compensated for accumulated compensatory time, Death in the Family (111.06) Additions to this policy outline the options both in time allowed and circumstance under which an employee may use funeral leave. Holidays (107.02) Additions to this policy outline the consequences and options under which an employee will or will not be compensated for a holiday, It also addresses the employee on worker's compensation and the employee on short-term disability leave. In-House Advancement (104.04) This policy outlines the City policy on filling positions with qualified City employees whenever possible. Jury Duty (111.02) Additions to this policy delineate the circumstances under which an employee will or will not be compensated for time spent in a courtroom situation. It also details the employee's obligation to his/her job and supervisor, Vacation/Bonus Time (107.03) Additions to this policy are the accrual of vacation/bonus time by part-time employees and Civil Service employees. Medical Examinations (102,10) This policy outlines the City's physical requirements that must be met by some prospective employees prior to being hired, Overtime (106,04) One addition to this policy was an extensive outline of exempt/non-exempt Job families as they relate to overtime. Other significant changes were that each department should maintain accurate overtime records and that employees need prior approval to work overtime. i Adoption of New Policies and Procedures August 14, 1964 Page 3 We are very happy to be at the point of submitting these policies to the Council for approval. After eighteen months of work we are now at a point where we feel that the Council will be receiving groups of policies on a fairly regular basis and we hope that this initial policy development phase will be complete by this Bill, Once this development phase is complete we will begin drafting a loose-leaf Rules and Regulations Handbook to distribute to the employees. If any further information is needed regarding the policies being presented to the Council, please let me know, i yn s y, Director Personnel/Employee Relatio i I KU/bd Enclosures 2009P/0036z w R E S O L U T I O N i WHEREA:i, the Director of the personnel/Employee Relations Department for the City of Denton has presented proposed policies regarding employee rules and regulations for the Council's consideration) and WHEREAS, the City Council desires to adopt such policies as official policies regarding employment with the City) NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The following policies, attached hereto and made a part hereof, are hereby adopted as official policies of the City of canton, Texas: Medical Examinations (Reference No. 102.10) In-House Advancement (Reference No. 104.04) Overtime (Reference No. 106.00 Compensatory Time (Reference No. 106.05) Holidays (Reference No. 107.02 Vacation Bonus Time (Reference No. 107.03) Absenteeism/Tardiness (Reference No. 110.01) Jury Duty (Reference No. 111.02) Death in the Family (Reference No. 111.06) SECTION II. The foregoing policies are attached hereto and made a part hereof and shall be filed in the official records With the City Secretary. SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February It 1977, are hereby rescinded to the extent they conflict with the foregoing policies and any administra- tive procedures and directives issued under the authority of the City Manager implementing the policies hereby adopted. SECTION IV. This Resolution shall be effective from and after its date of passage and approval. PASSED AND APPROVED this the day of _ , 1984. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FURM: JOE 1). MORRIS, ACTING CITY ATTORNEY CITY OF _DENTON, TEXAS ' GW~' + ~v BY: CITY OF DENTON PAac._.loF 2 ED PUNT /ADMIX ISTIATIVZ P1003DURVADMINISTTSATIVS 01110TIVI M REFERENCE SHCTION; NUMBER; PERSONNEL/EMPLOYEE RELATIONS 102,10 EFPECTIVE CATE: SUBJECT; EMPLOYEE APPOINTMENT REPLACBS: TITHE: MEDICAL EXAMINATIONS 2.2 POLICY STATEMENT; It is the policy of the City of Denton to require certain employees as determined by the job specification to be examined by a physician under certain circumstances described below. No one who is given a medical examination shall be employed unless the examining physician certifies that the person meets the minimum standards of physical fitness required for the position. Medical examinations may be used to ensure that employees remain in good physical condition in order to perform the demands of the job, As a condition of employment, and based upon job requirements, all prospective or transferring employees may be required to pass a physical examination administered by a physician designated by- the City of Denton, Employees may be required to have a physical examination on other occasions, such as promotion, or whenever the employee's supervisor determines that a potential health problem may prevent an employee from performing his/her job duties. I, Conditions of Employment A. Physical examinations required by the City of Denton for promoted, transferred, or current employees shall be paid for by the City of Denton. Time spent by an employee in waiting for and receiving a physical examination shall be considered hours worked for pay purposes. B. Supervisors are responsible for notifying the Personnel/Employee Relations Department of any positions which place physical or environmental demands on the employee. Such positions will be reviewed by the Personnel/Employee Relations Department in order to evaluate and determine the type and extent of medical examinations required prior to Job performance, II, Payment of Medical Examinations A. Medical examinations paid for by the City of Denton are the property of the City of Denton and shall be confidential. A copy of the medical examination report shall be available to the employee upon written request. PAae...Z..or._2.. POLIMADMINISTIATIVS P200>rDtlMAOMMIS"A"VIS 01410TIV>I (do~4ioso~l~ Flai~ERaNCE NUMOGA: TITLO: 102410 E EX INATIONS B. When the City of Denton requires a lpphysical examination or emp ee$ report expense ofutherCiityyofn empllo oy Denton and performed by a physician selected by the city of Denton, C. Such examinations may be authorized by the Director of Personnel only. Employees who are not satisfied with the physician's determination may submit a report from a physician of their own choosing and at their own expense. In the event of conflicting thenemployethe e. CThity hysician to examine physicalt examination. 0. The reports of the physicians involved, along with the demands of the job and the employee's ability to perform the job duties, will be the basis for a decision. III. Civil Service In the case of rejection of a Civil Service applicant for appointment, or for promotion, Civil Service proceedings shall apply if the applicant wishes to challenge the rejection. Vernon's Civil Statutes, Article 1269p, is available for review at the City of Denton Public Library and the departments of Fire, Police, and Personnel/Employee Relations, 0248g CITY OF DENTON POLICY/ADMINISTTRATIV= PIOCIDWIVADIIINISTSATIVII DIRUTIVI aeraReNCe SeCTIM NUM4QR PERSONNEL AMPLOYEE RELATIONS 104,04 erFICTIVE DATe. SueJecT: EMPLOYEE DEVELOPMENT RIPWCK rlrLe 1976 Rules and IN-HOUSE ADVANCEMENT Regulations POLICY STATEMENT: The City of Denton's in-house advancement policy is to make every effort to fill job vacancies by in-house advancement of qualified employees to positions within the City, The authority to submit an employee requisition to fill a vacancy is delegated to supervisory staff by department directors, Requesting supervisors will specify, in the requisition, when a vacancy is an in-house advancement opportunity for employees within the City, For any posted vacancy, all employees shall have an equal opportunity to apply as long as they meet the minimum qualifications. An in-house advancement is defined as a move to a classification having a greater base rate of pay than the classification the employee is leaving. In most cases, the employee being considered will start at the base step of the new classification, or receive a five (6%) percent increase in salary, whichever is higher. Requests for exceptions to this practice must be submitted by the department director to the Personnel Director for approval. The decision for an in-house advancement will be based on the quality of each appplicant's prior performance on the job as per the class specifications and job description. Other areas to be considered are attendance records, education, records of progression, completion of training or developmental assignments; awards, letters of commendation, and details of leadership experiences where appropriate, 02619 CITY OF DE'NTON PA04 1 00--L POUCTIADMINISTRATIV' P2003DURSIADIRINISTIATIVIi D11SQTIV% RIFdRQNCI sdCTIOW NUM06m; PERSONNEL EMPLOYEE RELATIONS 106.04 QPPICTIVO OATH. susiacy. WAGE AND SALARY PLAN REPLACM TITt,B OVERTIME 3.7 POLICY STATEMENT; The City of Denton requires employees to work overtime when necessary and as requested by the supervisor. Overtime is defined as authorized time worked by employees which exceeds their officially scheduled time and/or approved paid leave during an eighty (80) hour pay period, Overtime on any Job shall be allocated as evenly as possible among all employees qualified to do the Job, The Personnel Director is responsible for maintaining the exempt/non-exempt status of all City positions. Supervisors shall make every effort to schedule overtime as far in advance as possible. Supervisors shall be held responsible for ensuring that overtime is assigned only when absolutely necessary. Exempt/Non-Exempt Status A. Non-exempt employees are classified under the following job families: service/maintenance, office/clerical, and technical/para-professional, B. Exempt employees are classified under the following Job families: management/supervision, professional, and executive. C. Employees in job family M/1-3 will convert to non-exempt status for emergency, overtime situations only, Overtime Pay I A. Non-exempt employees will be paid at the rate of one and one-half times their regular rate of pay for authorized overtime. Overtime will be paid for all additional time worked to the nearest quarter hour. B. Regular part-time employees will not receive overtime pay until the number of hours actually worked exceeds an eighty (80) hour pay period. C. Seasonal and temporary employees are not eligible for overtime pay. 02589 , dITY OF DENTON Fgga 1 QF . 1 POLICY/ ADMIX IOTRATIVI PROCII)VIVADMINUTIATIVII DIRSOTIVI3 A0IIAIN08 SECTION: NUMaRP: PERSONNELAMPLOYEE RELATIONS 106,06 HFFeeTIVe OATH sueJecT. WAGE AND SALARY PLAN RePLAC s. TITLE: COMPENSATORY TIME 3.7 POLICY STATEMENT; The City of Denton provides compensatory time at the discretion of the suppervisor in lieu of paid overtime. Compensatory time is defined as time off taken as compensation for approved hours worked beyond an eighty (80) hour pay period, The overtime policy 106,04 requires all employees to work overtime when necessary and as directed by the supervisor. At the discretion of the supervisor, compensatory time off at the rate of one and one-half times the hours worked may be granted in lieu of paid overtime. A maximum of eighty (80) hours compensatory time may be accrued. All time accrued beyond that limit will be converted to overtime pay at the current pay rate. I' 02619 - - - CITY Of: D,ENTON aapE,.. oP.... FOUCT/ADMINIAT>RATIVS P11003DURVAD>MIINTITIATIVI 01130TIC1 FiRPEDENCE $SCTION NUMBED' P£RSO~ N~NE4 EMPLOYEE RELATIONS 107,02 RFFOCT Ve Dare. SUEJECT. EMPLOYEE BENEFITS AND SERVICES RBPI.ACeS TITt,e. HOLIDAYS 4,3 POLICY STATEMENT The following holidays are declared official holidays for regular full time and regular part time employees: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Friday After Thanksgiving Christmas Eve Christmas Day A holiday shall be defined as a period of-eight (8) hours at straight rates. Holidays occurring on Saturday will be observed on the preceeding Friday and holidays occurring on Sunday will be observed on the following Monday. All regular employees are eligible after completion of one day of work. Regular part-time (includes one-half and three-quarter time) employees who work twenty (20) hours per week or more shall be entitled to holiday pay at a rate equivalent to the budgeted pay classification of either one-half (1/2) or three-quarter (3/4) time. Seasonal and temporary employees will be paid their regular rates on a holiday only if required to work. 0274a CITY OF DENTON PA0e1OFF P041MADMINISTRATIV1 P%00XDUKX/ADMI14IiTXAT1V1 DI1<1OTIV1 ReP9R8NCe SACTION Nt}MaeR: PERSONNEL/EMPLOYEE RELATIONS 107.03 ePPeCT Ve OATe. sueJeCT WAGE AND SALARY PLAN RePLAC@S. TITLE VACATION/BONUS TIME 4.4 POLICY STATEMENT; It is the policy of the City of Denton to provide vacation pay and hours to all regular employees who have completed six full months of employment. Vacation hours for eligible employees are accrued on a monthly basis. Pay in lieu of taking vacation is not permitted except upon termination. The City of Denton also awards bonus time to employees who have given five years of full-time service to the City. The amount of bonus time is not related to an employee's shift or hours per week. Bonus time is given in addition to regular vacation. Upon completion of five years of continuous service, each regular employee shall accrue four hours of bonus time for each year of continuous service beginning on the anniversary date of completion of the fifth year of service and continuing until regular full-time service with the City has ended, Pay in lieu of taking bonus time is not permitted except upon termination. An employee is not eligible to receive or use vacation hours until he or she has completed six full months of regular employment. Vacation hours may not be used in advance of the hours being_accrued. Vacation for non-Civil Service employees is accrued at the rate of eight hours for each month of continuous service. Accrual rates for Civil Service employees are covered in Article 1269, V.A,T,S, Maximum Carry-Over The maximum allowed carry-over of vacation and bonus time is three hundred and twenty (320) hours per calendar year (January through December) for all non-Civil Service employees and Police Civil Service employees. Fire Civil Service employees shall be allowed 480 hours per calendar year. An employee may accrue as many hours of vacation as possible throughout the year; however, it is the employee's responsibility to ensure that the maximum allowable hours do not extend beyond a calendar year, Regular Part-Time Employees (Includes 1/2 and 3/4 time workers; Employees who work 20 hours per week or more shall be entitled to vacation at a rate equivalent to the budgeted pay classification of either 1/2 or 3/4 time. These employees will not accrue bonus time. PAQi..2 OF_..~. POLIOT/ADMINIMATIV1 PROOSOUR /ADMINSITIATIVI DM AOTIVI♦ 0400A444) ~KFININOt TITL4t NUM~IRi VACATION/BONUS TIME 107,03 Employees holding more than one part-time position may not accrue more vacation hours per month than a full-time employee, (See Part-Time Policy #106,08), Seasonal and Temporary Employees Tempporary and seasonal employees shall not earn or accrue vacation/bonus time or be entitled to vacation/bonus time pay upon separation, 02638 PAa6-L..OP.1 dI?Y qF DENrON POLICY/ADNINISTRATIVI PROCSOVIVADMINISTRATIVI DIRICTIVI REFERENCE SECTION: NUMEERI PERSCULE1 / 110191 EPPECTIVE OATS. SUBJECT: TE E REPLACES TIT LS ABSENTEEISM/TARDINESS 4,10 POLICY STATEMENT; Employees shall be required to be at their places of work in accordance with these policies and procedures. All departments shall maintain attendance records of employees. Absenteeism and tardiness on the part of employees increases the work load of fellow employees, interferes with productivity, and reduces the quality of service. The absence from work of any employee usually involves the rearrangement of work schedules and the temporary reassignment of other employees. To accomplish these tasks, sufficient advance notice of absence is necessary. Unauthorized absence, failure to return at the expiration of a leave of absence, or being absent without leave for a period of at least one working day or shift of duty shall be deemed an automatic resignation, Such a resignation may be rescinded by the department director if the employee presents satisfactory reasons for failure to report the absence within three working days of the effective date of the automatic resignation. 02739 CITY OF DE'NTON pAea 1,.0 ...1. POWMADMINISTIATIVX P100XDVt;X/ADMINISTXATIVX DIXXOTIVX RBA~RENCE SICTIQN: NUMaBH: tlt.0z RE~ATIQNS $rPECTIVE OATS. SUBJECT; APPROVED LEAVE REPLACES; TITLE' JURY DUTY 4,11 POLICY STATEMENT: Leave with pay will be granted to all regular City employees when called to appear for jury duty, as a witness or other official participant in court except where an employee is the plaintiff or defendant of a proceeding which arises out of an off-duty activity not related to City employment, Employees are not required to reimburse the City for any payments made to them by other governmental agepcies for Jury or subpoenaed witness duty. 02529 CITY OF DENTON POIJOVADMiINIRTRATIVS AROCIDUJIVADMIIN:ATRATIVS DIRSOTIVS AiM6RaNCE NUM! M SECTION; p Y TIONS 111106 SPPSCTIVE OATS. SUBJECT APPROVED LEAVE RSPIACM T1Tl,E. LL 4.6 DEATH IN THE FAMILY LEAVE POLICY STATEMENT: It is the policy of the City of Denton to grant a maximum of three days leave to employees in cases of death of family members. Uses of this leave may include making funeral arrangements and attending funeral services including travel time. The following family members are considered family members: Immediate Family Other FamIly Husband Father-in-law Uncle Wife Mother-in-law Aunt Son Brother-in-law Nephew Daughter Sister-in-law Niece Mather Son-in-law Grandfather-in-law Father Daughter-in-law Grandmother-in-law Brothers Grandparents Sisters Grand Children Step and Foster Children 0256g r 1 1 FINANCIAL. ADVISORY AGRUMEN7 August 2l, 1984 Honorable Mayor and City Council City of Denton Denton, Texas Mayor and Members of the City Councils 1, We understand that you propose to authorize and Issue certain General Obligation Debt and Utility System Revenue Bonds and that in connection with the Issuance, sale and delivery of said Bonds, as well as additional bonds and other evidences of Indebtedness that may be authorized and Issued from time to time during the term of this Agreement, we are pleased to submit this proposal to assist you In the Issuance of such obligations and to advise on alternative financing methods as appropriate. 2. By this proposal we offer our professional services and our facilities as Financial Advisor and agree to direct and coordinate the entire program of financing when contemplated, and to assume and pay the expenses hereinafter enumerated, it is understood and agreed, however, that this obligation on our part shall not cover the cost of any litigation. 3. We agree to perform the following duties normally performed by such advisors, and to perform such other duties as, In our judgment, may be necessary or advisablei a. In conjunction with programs Involving the Issuance of general obligation bonds and other evidences of indebtedness, we will conduct a survey of the financial resources of the City to determine the extent of Its borrowing capacity. These surveys will Include an analysis of the existing debt structure as compared with existing and projected sources of Income which may be pledged to secure payment of debt service and, where appropriate, will Include a study of the trend of the assessed valuation of the City, the City's taxing power and the present and estimated future taxii,g requirements. In conjunction with programs Involving the Issuance of Revenue Bonds and revenues of a system or facility are to be pledged to repayment of the securities, we will conduct a survey which will take Into account any outstanding obligations which are payable from the net revenues of the system or facility, additional net revenues to arise from any proposed rate increase, and the additional net revenues as projected by your consulting engineers and/or staff as a result of the Improve- ments to be financed by the bonds, We will also take into account your future financing needs and operations as projected by your staff and/or your consulting engineers and other experts. b. On the basis of the information developed by the surveys described in the above and foregoing paragraphs, and on the basis of other Information and experience available to us, we will submit our written recommendations on each financing under consideration. Our plan will include recommendations as to the date of Issue, Interest payment dates, schedule of principal maturitles, options of prior payment, and any other necessary additional security provisions designed to make the Issue attractive to Investors, All recommendations will be based on our best professional judgment, with the goal of designing bonds which can be sold under terms most advantageous to the City, and at the lowest Interest cost consistent with all other considerations, c, We will advise you of current bond market conditions, forthcoming bond Issues, and other general Information and economic data which might normally be expected to Influence the interest rates or bidding conditions, so that the date for the sale of the bonds can be set at a time, which, in our opinion, will be favorable. d. We understand you have retained, or will retain, a firm of municipal bond attorneys ("Bond Counsel"), whose fee will be paid by you. We will assist In coordinating the assembly and transmittal to Bond Counsel of such data as may be required for the preparation of the necessary petitions, orders, resolutions, notices and certificates in connection with any financing that is contemplated, e, We will develop and prepare the Notice of Sale, the Official Statement, and such other market documents which may be required. We will also supervise preparation of the Uniform Bid Form, containing provisions recognized by the municipal securities Industry as being consistent with the bonds offered for sale. We will submit to you draft copies of all such offering documents, including the Official Statement, for your proper examination, approval and certification, After such examination, approval and certification, we will arrange for printing of the 4 documents and furnish you with a supply thereof, and will mall a set of the same to a list of prospective bidders, Including banks, life, fire and casualty insurance companies, Investment counselors and other prospective purchasers of the bonds, We will also supply sufficient copies of the Official Statement to the purchaser of the bonds In accordance with the terms of the Notice of Sale. The cost of preparing, printing and distributing these documents will be paid by you. We will advise on, and with your permission, will arrange for such reports and opinions of recognized Independent consultants which we and you deem necessary, desirable or required in the successful marketing of the bonds. The fees and charges for such services will be paid by you, We will organize such Information meetings as In our judgment may be necessary, and, with your permission, will arrange for these meetings at your expense, I. We will advise financial publications of the forthcoming sale of your bonds and furnish each with the pertinent informatlon, g. We will make recommendations to the City on the matter of a credit rating or ratings for the proposed issue and when directed by you will coordinate the preparation and dissemination of such Information as in our opinion Is required for submission to the principal bond rating agencies. Any fees Incurred In obtaining a rating or ratings will be paid by you. In those cases where the advisability of personal presentation of information to the rating agency or agencies may be indicated, a representative(s) of First Southwest Company experienced In such matters will be available to accompany those representing the City. The travel expense for such presentation will be paid by you, except for travel incurred by First Southwest Company. h. We will assist you at the sale in coordinating the receipt of bids, the furnishing of good faith checks where indicated, the tabulation and comparison of bids, advise you as to the highest and best bid received, and will provide our recommendation as to acceptance or rejection of such bid. I, As soon as a bid for the bonds shall be accepted by you, we will proceed to coordinate the efforts of all concerned to the end that the bonds may be delivered and paid for as expeditiously as possible, We will assist you In the preparation or verification of final closing figures, and when requested, will provide suggestions on a program of temporary Investment of proceeds, In consultation with the City's staff, architect or consulting engineer, consistent with the construction timetable for the project. J. We will act as your agent In arranging for the printing of the bonds, the cost of which will be paid by us, We will attend to the delivery of the bonds, It being understood that title to and ownership of the printed bonds will reside with the City until they are delivered to the purchaser, k. We will maintain liaison with Bond Counsel In the preparation of all legal documents pertaining to the authorization, sale, Issuance and delivery of the bonds. Bond Counsel will furnish an unqualified approving legal opinion on the bonds at the time of delivery. 1. After closing we will deliver to you a register of annual debt service requirements on the obligations being delivered to the purchaser. We will furnish to the paying agent or paying agents a copy of the authorizing ordinance. m. We will attend any and all meetings of your governing body, or any representatives thereof, as desired by you, whenever we may be of assistance and the subject of financing is to be discussed. n, if so directed by the City, we will advise and assist you and your other consultants In the preparation and submission of any application for funding made to a State or Federal Agency. Further, If so requested, a representative of this firm shall accompany and assist you and your other consultants In any meetings or hearings before the appropriate Agency. The expenses in connection therewith shall be borne by you. o, When requested by the City, we will assist in the evaluation of proposals for, and the selection of, a Paying Agent/Registrar for the bonds. 4. In consideration for the services rendered by us, It is understood and agreed that our fee for each Issue of General Obligation Bonds will be as follows: Base Fee - Any Issue 5,000 Pius $7.50 per 11000 up to 5009000 Plus 5.00 per 1,000 next 500,000 Plus 3.00 per 10000 next 1,5001000 Plus 2.50 per 19000 next 2,500,000 Plus 1.75 per 1,000 next 5,000,000 Plus 1,00 per 1,000 next 10,0001000 Plus 0.75 per 1,000 next 10,0000000 Plus 0,50 per 1,000 next 20,0009000 Plus 0.40 per 11,000 over 50,000,000 Fees for revenue issues shall be the amount shown above, plus 20%. A multiple Installment shall be computed as a single issue. In the case of an advance refunding or standard refunding of outstanding debt obligations, the fee schedule set out herein shall not be applicable. Our fee for any refunding issue shall be negotiated with the Ci y council and agreed to on a mutually acceptable basis. ' Our fee and reimbursable expenses shall become due and payable simultaneously with the delivery of the bonds to the purchaser, S, In the event any bond election is necessary, if such election shall fall no fee will be due us; however, should the same or similar propositions again be submitted to election held within twelve months from the date hereof, then at our option the agreement covered by this proposal shall apply to any such bonds, 6. It is further understood and agreed that we will reserve the right to submit a bid for securities when offered by competitive sale, 7, This agreement shall remain In effect for a period of five years from the date hereofl provided, however, it may be terminated by you upon thirty (30) days' written notice to us, In the event of termination, It is understood and agreed that only the amount due us for services or expenses to date of termination would be due and payable, and that no penalty for cancellation of the contract would be allowed. It Is the Intent of this provision that our services be satisfactory to you at all times, This Proposal is submitted in duplicate originals. When accepted by you, It will constitute the entire agreement between the City and the undersigned for the purposes and considerations herein specified, Your acceptance will be Indicated by the signature of your authorized officials or representatives on both copies, and the returning of one executed copy to us, Respectfully submitted, FIRST SOUTHWEST COMPANY By Frank J. e a ch Authorized Representative ACCEPTANCE Accepted by the City Council of Denton, Texas, convened In Regular session on the 21st day of August, 1984, City Manager City of Denton, Texas ATTEST; City Secretary (SEAL) FINANCIAL ADWSORY AGREEMENT August 21, 1934 Honorable Mayor and City Council City of Denton Denton, Texas Mayor and Members of the City Councili 1. We understand that you propose to authorize and Issue certain General Obligation Debt and Utility System Revenue Bonds and that In connection with the Issuance, sale and delivery of said Bonds, as well as additional bonds and other evidences of Indebtedness that may be authorized and issued from time to time during the term of this Agreement, we are pleased to submit this proposal to assist you In the issuance of su,:h obligations and to advise on alternative financing methods as appropriate. 2. By this proposal we offer our professional services and our facilities as Financial Advisor and agree to direct and coordinate the entire program of financing when contemplated, and to assume and pay the expenses hereinafter enumerated. It is understood and agreed, however, that this obligation on our part shall not cover the cost of any litigation. 3. We agree to perform the following duties normally performed by such advisors, and to perform such other duties as, In our judgment, may be necessary or advisablet a. In conjunction with programs Involving the issuance of general obligation bonds and other evidences of Indebtedness, we will conduct a survey of the financial resources of the City to determine the extent of Its borrowing capacity. These surveys will Include an analysis of the existing debt structure as compared with existing and projected sources of income which may be pledged to secure payment of debt service and, where appropriate, will Include a study of the trend of the assessed valuation of the City, the City's taxing power and the present and estimated future taxing requirements. In conjunction with programs Involving the issuance of Revenue Bonds and revenues of a system or facility are to be pledged to repayment of the securities, we will conduct a survey which will take into account any outstanding obligations which are payable from the net revenues of the system or facility, additional net revenues to arise from any proposed rate increase, and the additional net revenues as projected by your consulting engineers and/or staff as a result of the Improve- ments to be financed by the bonds. We will also take into account your future financing needs and operations as projected by your staff and/or your consulting engineers and other experts. b. On the basis of the information developed by the surveys described in the above and foregoing paragraphs, and on the basis of other information and experience available to us, we will submit our written recommendations on each financing under consideration. Our plan will include recommendations as to the date of Issue, interest payment dates, schedule of principal maturitles, options of prior payment, and any other necessary additional security provisions designed to make the Issue attractive to investors. All recommendations will be based on our low lowest which l Ican be nterest cossold mostjudgment, best unnderprofessional advantageous toe goalthe City, and at thebonds consistent with all other considerations. c. We will advise you of current bond market conditions, forthcoming bond issues, and other general Information and economic data which might normally be expected to Influence the Interest rates or bidding conditions, so that the date for the sale of the bonds can be set at a time, which, in our opinion, will be favorable, d. We understand you have retained, or will retain, a firm of municipal bond attorneys ("Bond Counsel"), whose fee will be paid by you. We will assist in coordinating the assembly and transmittal to Bond C ionsounsel of such d to , as ma no 1 es required for the preparation of the necessary pet, orders, and certificates In connection with any financing that is contemplated. e. We will develop and prepare the Notice of Sale, the Official Statement, and such other market documents which may be required. We will also supervise preparation of the Uniform Bid Form, containing provisions recognized by the municipal securities Industry as being consistent with the bonds offered for sale. We will submit to you draft copies of all such offering documents, Including the Official Statement, for your proper examination, approval and certification. After such examination, approval and certification, we will arrange for printing of the documents and furnish you with a supply thereof, and will mail at set of the saint to ► a list of prospective bidders, Including banks, life, fire and casualty Insurance companies, investment counselors and other prospective purchasers of the bonds. We will also supply sufficient copies of the Official Statement to the purchaser of the bonds In accordance with the terms of the Notice of Sale,, The cost of preparing, printing and distributing these documents will be paid by you. We will advise on, and with your permission, will arrange for such reports and opinions of recognized Independent consultants which we and you deem necessary, desirable or required in the successful marketing of the bonds. The fees and charges for such services will be paid by you. We will organize such information meetings as In our judgment may be necessary, and, with your permission, will arrange for these meetings at your expense. f. We will advise financial publications of the forthcoming sale of your bonds and furnish each with the pertinent Information. g. We will make recommendations to the City on the matter of a credit rating or ratings for the proposed Issue and when directed by you will coordinate the preparation and alssemination of such Information as in our opinion is required for submission to the principal bond rating agencies, Any fees incurred in obtaining a rating or ratings will be paid by you. in those cases where the advisability of personal presentation of information to the rating agency or agencies may be indicated, a representative(s) of First Southwest Company experienced in such matters will be available to accompany those representing the City. The travel expense for such prese;station will be paid by you, except for travel incurred by First Southwest Company. h. We will assist you at the sale in coordinating the receipt of bids, the furnishing of good faith checks where indicated, the tabulation and comparison of bids, advise you as to the highest and best bid received, and will provide our recommendation as to acceptance or rejection of such bid. Is As soon as a bid for the bonds shall be accepted by you, we will proceed to coordinate the efforts of all concerned to the end that the bonds may be delivered and paid for as expeditiously as possible, We will assist you In the preparation or verification of final closing figures, and when requested, will provide suggestions on a program of temporary Investment of proceeds, in consultation with the City's staff, architect or r.onsulting engineer, ccisistent with the construction timetable for the project. j, We will act as your agent In arranging for the printing of the bonds the cost of which will be paid by us. We will attend to the delivery of the bon~.s, it being understood that title to and ownership of the printed bonds will reside with the Clty until they are delivered to the purchaser, k. We will maintain liaison with Bond Counsel in the preparation of all legal documents pertaining to the authorization, sale, Issuance and delivery of the bonds, Bond Counsel will furnish an unqualified approving legal opinion on the bonds at the time of delivery, 1. After closing we will deliver to you a register of annual debt service requirements on the obligations being delivered to the purchaser, We will furnish to the paying agent or paying agents a copy of the authorizing ordinance. m. We will attend any and all meetings of your governing body, or any representatives thereof, as desired by you, whenever we may be of assistance and the subject of financing Is to be discussed. n. If so directed by the City, we will advise and assist you and your other consultants In the preparation and submission of any application for funding made to a State or Federal A ency, Further, if so requested, a representative of this firm shall accompany and assist you and your other consultants in any meetings or hearings before the appropriate Agency. The expenses in connection therewith shall be borne by you. o. When requested by the City, we will assist In the evaluation of proposals for, and the selection of, a Paying Agent/Registrar for the bonds, 4, In consideration for the services rendered by us, it Is understood and agreed that our fee for each Issue of General Obligation Bonds will be as followsi Base Fee - Any Issue $ 31000 Plus $7,50 per 1,000 up to $ 500,000 Plus 5.00 per 10000 next 500,000 Plus 3.00 per 10000 next 1,5001000 Plus 2,50 per 1,000 next 21500,000 Plus 1.75 per 10000 next 500000000 Plus 1.00 per 1,000 next 10,600,000 Plus 0.75 per 11000 next 1090001000 Plus 0.50 per 11000 next 20,000,000 Plus 0.40 per 111000 over 50,000,000 Fees for revenue issues shall be the amount shown above, plus 20;5, A multiple Installment shall be computed as a single issue, In the case of an advance refunding or standard refunding of outstanding debt obligations, the fee schedule set out herein shall not be appllcable. Our fee for any refunding Issue shall be negotiated with the C~ y Council and agreed to on a mutually acceptable basis. Our fee and reimbursable expenses shall become due and payable slmul±aneously with the delivery of the bonds to the purchaser, S, In the event any bond election Is necessary, It such olectlon shall fall no fee will be due us; however, should the same or similar propor,itlons again be su6itted to election held within twelve months from the date her,)of, then at our option the agreement covered by this proposal shall apply to any such bonds, 6. It Is further understood and agreed that we will reserve the right to submit a bid for securities when offered by competltlve sale. 7. This agreement shall remain In effect for a period of five years from the date hereof; provided, however, it may be terminated by you upon thirty (30) days' written notice to us, In the event of termination, it Is understood and agreed that only the amount due us for services or expenses to date of termination would be due and payable, and that no penalty for cancellation of the contract would be allowed. It is the intent of this provision that our services be satisfactory to you at all times. This proposal is submitted in duplicate originals. When accepted by you, It will constitute the entire agreement between the City and the undersigned for the purposes and considerations herein specified. Your acceptance will be indicated by the signature of your authorized officials or representatives on both copies, and the returning of one executed copy to us, Respectfully submitted, FIRST SOUTHWEST COMPANY By rank J. Medanich Authorized Representative ACCEPTANCE Accepted by the City Council of Denton, Texas, convened in Regular session on the 21st day of August, 1984. City Manager City of Denton, Texas ATTESTi City Secretary (SEAL) August 21, 1984 V CITY COUNCIL AGENDA ITEM SUBJHCTi Consider Providing Water/Sewer Service to Tri Steel Structures Corporation Development, West on Highway 380 and Marsh Branch Road, and Approval of Associated Oversizing and Pro Rata Agreements. SUMMARY; The attached letter from Brian Burke, Engineer for Tri Steel Structures Corporation requests water and sewer service to a proposed office site just outside of the Denton city limits yet within the extraterritorial jurisdiction. They also request associated pro rata agreements for the orfsite water and sower lines, The Utility Department would additionally request an oversi zing participation to a 12" size in keeping with the Hogan and Rasor Water Distribution Study. Please note that these extended lines are in a city limit strip to the edge of this now development; therefore, oversizing participation is appropriate. + FISCAL SUMMARY All costs are estimates; Total Cost of'' Project 2500, of 12" water line @ 25/ft $629500 2000' of 10; sewer line @ 21/ft $$4422 00000 't'otal Cost , Cost to Tri Steel Structures Corporation 2500' of 8" water line @ 21.50/ft $53,750 2000" of 10" sewer line @ $21/ft 42 000 Total Cost to Serve Tri Steel 95,750 Cost. to Cit for oversizin Waterline 62,500 =T55', 50) $8,750 Sewerline 0 Source of Funds Water Bond Funds Account H 623-008-0461-9114 3125U;1 RECObi,IMMAi ION; The Public Utilities Board recommended at their meeting of duly 24, 19849 that the City of Denton provide water and sanitary sewer service outside of the City Limits to Tri Steel Structures Development and that all offsite utility lines be given pro rata agreements with the rri Steel Structures Development. in accordance with the City of Denton pro rata ordinances, so that this developer may recover certain costs for offsite development of the water and sanitary sewerlines, and also recommends an oversize participation for a 12" water transmission main from Ranch Estates along Highway 380 to this Tri Steel property. Such agreements will be established prior to the completion of construction. This item was presented to the Planning and Zoning Commission on August 81 1984, at which time they recommended approval of providing water and sewer service to Tri Steel Structure Corporation. Respectfully, R. E, Nelson Director of Utilities EXHIBIT 1 Letter requesting service for wator/sanitary sewer services outside the City limits, 11 Location map of the Tri Steel Structures Inc, development showing proposed water and sanitary sewer mains, III Hogan and Rasor Water Distribution Map IV Waterline Pro Rata Agreement V Sewerline Pro Rata Agreement V1 Waterline Oversize Participation Agreement Vil Minutes PUB Meeting of 7/24/84 VIII Minutes P$Z Meeting of August 8, 1984 31ZSU:2 WATERLINE OVERSIZE PARTICIPATION AOREEN07 THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON S 'THAT WHEREAS, TRI STEEL STRUCTURE, CORP., 1400 Crescent St„ Denton, Texas, 76201, (817) 566-7081, is the Developer of certain property shown on the attached map, which map is incorporated herein as if set forth in full, in the City of Denton, Denton Courty, Texas, and further described as property on West Highway 180, and Developer desires to serve such property with approxi- mately 2,500 feet of on and offsite water line, acilitiesj and, WHEREAS, the City of Denton desires that such water facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provisions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texast NOW, THEREFORE, THIS AGREEMENT, made this day of , 1984, by and between TRI STEEL STRUCTURES, Corp., Uenton, Texas, hereinafter called 'Developer', and the City of Denton, Texas, A Home Rule municipal Corporation of the State of Texas, hereinafter called 'City') WITNESSETH 1. The Developer will install, by contract or otherwise, a 12' water line and necessary appurtenances to serve the property described on the attached map in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. Tr,e said facilities shall be located as shown on the attached map which is made a part hereof and incorporated herein by reference. 2. The City's share of the estimated cost of said facilities is $8,750 (21500 ft. X $25.00-$21.50). Upon completion of construction and acceptance by the City of said facilities, the actual cost of the City's participation in said facilities shall 'CHI STEEL STRUCTURES, CORP.-WATERLINE OVERSIZE PARTICIPATION AGREEMENT-PAGE 1 be determined and certified to by the Diractor of Utilities, and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof, 3. The City shall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties, 4. Title to said facilities is nereby and shall at all times be vested in the City, 5. The Developer shall and does hereby agree to indemnify and hold harmless the city from any and all damages, loss or liability of any kind whatsoever, by reason of 1.:1ury to property or third person occasioned by any act or omission, neglect or wrong-doing of Developer, its officers, agents, employees, invitees, contrac- tors or other persons with regard to the performance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands, IN WITNESS WHEREOF, this instrument is executed in triplicate originals this day of , 1984, TRI STEEL STRUCTURES, CORP. BY; CITY OF DENTON, TEXAS BY: RICHARD O, STEWART, MAYOR ATTEST., CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; 6. ~j t4-~ ROIERT B. HUNTER ASSISTANT CITY ATTORNEY TRI STEEL STRUCTURES, CORP.-WATERLINE OVERSIZE PARTICIPATION AGREEMENT-PAGE 2 WATERL[,,NE PRO RATA AQR EM,&NI THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTSi COUNTY OF DENTON S THAT THIS AGREEMENT is made this _ day of 1984 by and between the City of Denton, a Municipal Corporation of the County of Denton and the State of Texas, hereinafter referred to as 'City' and TRI STEEL STRUCTURES CORP., hereinafter referred to as 'owner", WITNESSETHt WHEREAS, Ownar will install a water line Crom the Ci-. of Danton's Ranch Est tes existing tine 2,50 b'{e0 t ~o bs3ner's devco p- ment on the north si an of ;4411h stanch WWI W Roadr and WHEREAS, in orde a fs ifa e k e,V 1Ol~ment with water services, Owner will be required to pay the cost of 2,500 feet of water 1.ne and will extend such water line as described above pursuant co thee provisions in effect on the date of this Agreement of the Denton Development Code, Appendix A to the Code of Ordinances of the ity Of Denton, Texas, as heretofore amandedl and WHEREAS, the Owner desires to receive raimbursenent for such cost under the provisions of said Denton Development Cade of the City of Denton, Texasj NOW THEREFORE, in consideration of the premises and the ,',ijtual covenants and agreements hereinafter provided, the parties hereto agree as followal That for and in consideration of the construction of such rater line extension for the benefit of Owner and the City, the ;i-.y agrees to reimburse Owner not to exceed his cost of construction only of such main extension the estimated sum of $53,150 (2,!00' offsite X $21.50 per foot for S' size line) under the provisions in affect on the date of this Agreement of the Denton Development ode of the city of Denton, Texas, as heretofore amended with the followiig li,mitationsc A. Reimbursement costs will oe verified oy the Director of Utilities or his designee based on actual costs of offsite TRI STEEL STRUCTURES CORP., WATERLINE PRO RATA AGREEMENT-PAGE i 1 1 . water line construction As presented by the Owners, 9, After the exp►ration of twenty (20) years from this date of the oompletion of the water main extension, which wtll be completed about November 1981r no further reimbursement shall be made to Owner, C. The reimbursement shall not apply to main extensions oonstructed by the City of Denton or under its directions from any main construction under the terms of this Agreement. D, Reimbursement payments shall be made to the owner or t.^,eir assigns if written, and to no other person(s), E. The cetmbursement aforesaid shall be payable only from ;.nds received by the City pursuant to said Denton Dove la;n:ent Code, F. There shall be a maximum of twenty (201ars as the period of eligibility whecei h~bRx4A-gLna#~'Ir(40 a`llar of the main may regI9 -Axyimbtitisa ent of pro rata payments under this AgreameniP"' The period of all all begin as the date of final ins n a of the e.ctenaion by the city, F. 0. All pro r '.{l1 u Cer1 u r t provisions o: the Denton Deve p odt ail \b~j' paid ;directly to the .ity and the Ci tea far amounts due to owner 'r:thin thirty ( 30) Y3 0~ "eceipt. , ( It. That for and in consideration of the Agreements to be performed oy the City as aforesaid, owner hereby transfers to the City a:l of its rights, title and inter9st in and to the main extension described above, and any and all easements and right of way i,-ree- ments secured by theft for the purpose of locating said main extensions, `RITNESSETH the hands of the Parties hereto on the day anc year first above written. TRI STEEL STRUCTURES CORP. CITY OF DENTON, TEXAS BY: BY: RICHARD 0, STEWART, MAY!R ATTEST; CHARLOTTE ALLEN+ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt ROBERT B. HUNTER ASSISTANT CITY ATTORNEY TRI STEEL STRUCTURES CORP., WATERLINE PRO RATA AGREEMENT-PAGE 2 SEWER NE PRO RATA AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTSi COUNTY OF DENTON S THAT THIS AORES14ENT is made this day of , 1984 by and between the city of Denton, a Municipal Corporation of the county of Denton and the State of texas, hereinafter referred to as 'City' and TRI STEEL STRUCTURES, CORP., herein- after referred to as 'Owner'. WITNESSETH; WHEREAS, Owner will install a sewer line from the City of Denton's Hickory Creek existing line 2,000 feet to Owner's development on the north side of Highway 080 an) west side of Marsh Branch Road)' snd WHEREAS, in o t ve is r1l 0nt with sew er servicesOwner wi b S da t of 2,000 feet of sewer line and ds~we as described above 1 t!J,, pursuant to the provisions in q (egp.,.,on the.•.date of this Agreement of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas and WHEREAS, the Owner desires to receive reimbursement for such cost under the provisions of said Denton Development Code of the City of Denton, Texas NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter provided, the parties hereto agree as followsi Y. That for and in consideration of the construction of such sewer line extension for the benefit of owner and the City, the city agrees to reimburse Owner not to exceed his cost of construction only of such main extension the estimated sum of $42,000 (2,000' offsite X $21.00 per foot for 10% size line) under the provisions in effect on the date of this Agreement of the Denton Development Code of the City of Denton, Texas, as heretofore amended with the following limitations: A. Reimbursement costs will be verified by the Director of Utilities or his designee cased on actual costs of offsite TRIIST29L STRUCTURES, CORP., S8WERLINE PRO RATA AGREEMENT-PACE 1 q' I sewer line construction as presented by the Owners, S. AfUeC the expiration of twenty (20) years from this date of the completion of the sower main extension, which will be completed about November 1984, no further reimburse- ment shall be made to owner, C. The reimbursement shall not apply to main extensions constructed by the City of Denton or under its directions from any main construction under the terms of this Agreement. D. Reimbursement payments shall be mad--@@,,••,~ Alltllhe Owner or their Assigns if wiptan, ard-i:8 ~isr person(a). E. The reimbursement atorasa4 ha Is only frog Development A funds co' CePresment, C p 0 said Denton F. There shall w ty (20) years as :nq period of a1 4 nt original installer of the main may s r rueent of pro rata payme'its under this The period of. 01-1gi'bility shall begin as tn~. d~48„of._ f-inel "iajspection and accaptancr, of the extensioVi y the city. 0. All pro rata fees incurred under the provisions of the Denton Development Code snail be paid directly to the City and the City shall transfer amounts due to owner within thirty (30) days of receipt. II. That for and in consideration of the Agreements to ae performed uy the City as aforesaid, Owner hereby transfers to the City all of its rights, title and interest in and to the main extension described above, and any and all easements and right of way agreements secured by them for the purpose cf locating said main extensions, WITNESSETH the hands of the Parties hereto on the day a,tia year first above 'mitten, CITY OF DENTON, TEXAS TRI STEEL STRUCTURES, CORP. BY: BY: RICHARD 0. STEWART, MAYOR ATTEST: CHARLOTTE ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORM: ROBERT 9. HUNTER ASSISTANT CrVATTORNEY TRI STEEL STRUCTURES, CORP., SEWERLINE PRO RATA AGREEMENT-PAGE 2 Fromr T i .~~r `w.'^~~'4.~.i+.• p\ •r.•,1~.~~r.. ..rren~y~~-r41.• ~ . • ..~'.1 r.... r. 1, ~i ~.M: ~V. I . . ~Lrx i /I p" S c, L , ~c l h. t v' 'I >r ear.,, C!` ~ s ~t • 1 ~ctvL; ~ Plc, r' oll / 1 p v~ 6r S v 'C liter,^. f~U r~ c~ GS 7` Li _I ` 4p ; I ~ t L''C f wt(?/ r Gr l ; •C~ .".t-cam. ' K 71 C.l~~~..1: Now- Cry / t,lkiJ C..tr i ~,"'~✓/1.~,'~ 1 , ~ M. D~'•.P'. i,•.t.•~T~, -14;1'1.. ~ ~ CC~,.~•' Gti/..~ t.v r l ~ G("x 4`tY(.''~ T-^~1'ti C.y Awl v/'C: ^!'c:..`~cL.r / If.f M UG''tr~?/rlGty "y`rrr. -ILc i ~,~~L~ ,mac<.r , I ez~ 1~ ~ r r 1 r ~~v'/ll~/!` G vas ► ;rt.r~: ~Nl- l' V ~ 1 ~ /h~ ~ 1I I I I ~411I 1 j I 1~-5~». , , ` 1 1 ' I 1 ~ 1 1 ~ 11r\///f ~ i \ 1 ' I ~'1 ~ .I~ ; ` .ry ~I //1~♦i( ~ ~ / 11I 1 i y. l 'KI , 'I . \ ,,I I ' 1 , ' , II'11 1 ~.~`.r.. r ~ 1 1 DIV 1 I ;r ' I/ . ► p A A 11 lalkyll 114 u 1 ` n' ^I I Pwr S4 Nod r. I i • _J ~ ~ Tr~'ai.4:vn...a.~a'..,1. ~:G. ;a .n, ~.,I ..+.,,.:il,, } (tfr Jllef 1 I` C \',^.t ' < ' , , I~ 1 ' p 1\`\\1, 1'~ ~V~r v~l 1 1~'1o1 1'~i (,a..s ~y , ,.t ~l o.. Cole 1 ~ ,ol ~ I , , ,1MYI ~,~W ti. , 1 FJtw lo,~i•I~z.. 1 ~p fm IfM aWEK r 11 ( I IKUrIr > 1 ,lru l~ ` St1 rz~ WD1 Ai A 01 L , l r! L f~SEA `~~[J !MO A$ WNER v 1 n • ; - r r J12"AdAIN eW-•G 'IY~ T % ~i fJ$. r~ .r t ~ . 'C ' 7 I S •v it c ~ sr 1i '+...y .r.,, ~ • % r I ~ 1, r.! 1117 ) .a cr, --JIM CJtn'Tai A . ; ; ...._a, ~ . __•..:=...a, ► 1 i J10 S UtL: 11' '•t,attL~ s I al II• I f'11 ,L !I !.r11)luI STA II 5 r x [ 1 ~ l` r N 1 ~ , I . -:.1' 111! L~~fil ~ I ~M e 4 ' I~ .Y n111 J9J 1a t ~e..Sj 0 . J i' 'A Air, 0 ~ 4' ~.~1 I w/~. w J1 • ~ ~ ~ ' 1 ~RI\. Tla Mme/ lot"1'1' III y~ 9 r COMIT TII J t r p ~~ranq 1~ O ~ 0 y ,p Lam, "1 r 1 4 1 0 r t. ` ~ ~ 'D, ly S ,I d o ~ 1 ~ t e y t9 t. e t' ~ V ~ 1 ~ L 1.~ l p ~ 9 r e r F ;y ~ r D ~ v ~ IM r ~p Q7 ^~p~ tc~~ ~ 5 y 1 1 w , 2 a J 1 9 5 J ~ b i~ J-+ 1 y e d 5~ CITY OF ` DENTON,TEXAS low ALTERNATE N0. 3 '~"lmwrta r~oant COMPUTER INDEX MAP ~ f W. HOGAN a RASOR, irw By City participation, the cost of this large transmission main will be reduced to the City in that Developer Will pay for an equivilent 8" size waterline and the City will only pay the difference up to 12" size. After general discussion, Herring made a motion to recomwend to the City Council that the City participate in this water line oversizing, second by Thompson, 5 ayes, no nayes, motion carried. 81 CONSIDER PROVIDING WATER/SEWER SERVICE TO,~TRI STEEL WSH 1 AND PRO RATA AGRS MEN 1 Brian Burke, Engineer i:or Tri Steel Structures Corporation, has requested water and sewer service to a proposed office site just outside of the Denton city limits yet within the extraterritorial jurisdiction. They also request associated pro rata agreements for the offslte water and sewer lines. Tne Utility Department would additionally request an oversizing participation to a 1211 size in keeping with the Hogan and Rasor Water Distribution Study, These extended lines are in a city limit strip to the edge of this new development; therefore, oversizing participation is appropriate, All costs are estimates: Total Cost of Project 25001 of 12" water line @ $24/ft $60,000 2000' of 10" sewer line @ $20/ft $40 000 Total Cost $I~S;~DZT Cost to Serve Tri Steel Structures Corporation 25001 of 8" water line 9 l t 40,000 2000" of 10" sewer line @ $20/ft $40,000 Total Cost to Serve Tri Steel 80,000 Cost to Cit for oversizin Waterline 60, 00 - 40,000) $20,000 Sewerline 0 Source of Funds Water Bond Funds Account # 623-008-0461-9114 Po6 ///Y// L/ After general discussions, Herring made a motion to recommend to the City Council that water/sewer service outside of the city limits to Tri Steel Structures Development be approved and that all off site utility lines be given pro rata agreements with the Tri Steel Structures Development in accordance with the City of Denton pro rata ordinances, and that the City participate in an oversize for a 12" water transmission main from Ranch Estates along Highway 380 to this Tri Steel property, such agreements to be established prior to the completion of construction. Second by Boyd, 4 ayes, no nayes, motion carried, 91 CONSIDER RESOLUTION EXPRESSING DENTON'S INTEREST OF WILLINGNESS ENTER WATER , K iTR ARGYLE 14ATEA SUPPLY CORPORATION: Nelson introduced this item explaining that the Ar,gyie Water Supply Corporation (AWSC) serves retail water to the City of Argyle and a large area of Denton's extraterritorial jurisdictional (STJ) area southwest of Denton from Hickory Creek south to Argyle, A4SC and Denton have been working under an informal agreement for several years that ultimately AWSC would purchase wholesale water from Denton and that, as Denton's city limits expanded to incorporate AWSC customers, some arrangement would be reached whereby such customers would become Denton's customers as they are annexed, AWSC has an opportunity to participate in oversizing of a water line along Highway 377 which could serve to supply wholesale water from Denton to AWSC. However, prior to paying any pro rata, AWSC wants some assurance that Denton will sell water to AWSC, The proposed resolution would address Denton's intent to sell wholesale water to AWSC on a similar contractural basis as Denton sells to the City of Corinth and as Dallas sells to its treated water customer cities. Prior to entering into such a sales agreement, ANSC will need to comply with the City of Dallas' new customer service policy since any water Denton would sell to AWSC would be purchased from Dallas. The major item in Dallas' new customer service policy (which is in the final draft stages of development) is that a certain percentage (estimated SW of AWSC's water customers would have to be connected to a central sewage collection system. There presently is not a sewage collection system in Argyle or the AWSC's service area. Rates would probably be based on a methodology similar to the City of Dallas, wherein Dallas receives a rate of return on the investment equal to their average bond rate plus 1.5% to cover Dallas' overhead P & 2 Minutes August 8, 1984 Page 16 F. Consider providing water/sewer service to Tri Steel Structures Corporation development, west on Highway 380 and Masoh Branch Road, and approval of associated oversizing and pro rata,agreem*ats, Mr. Clark stated Mr, Brian Burke, enginoer for Tri Steel Structures Corporation had requested water and sewer service to a proposed office site just outside of the Denton city limits but within the extra- territorial jurisdiction. He stated they also re- quested associated pro rata agreements for the offsite water and sewer lines. He stated the Utility Depart- ment would additionally request an oversizing part- icipation to a 12" size in keeping with the Hogan and Rasor Water Distribution Study, He stated these ex- tended lines are in a city limit strip to the edge of this new developments therefore, oversizing part- icipation is appropriate. Mr. Sscue made a motion to recommend approval of pro- viding water/sewer service to Tri Steel Structures Corporation development, Seconded by Ms. Cole and carried unanimously (6-0). I I August 21, 1984 ~ CITY COUNCIL AGENDA ITEM SUBJECT.. Consider Providing Water/Sewer Service to Storer Ho mes Inc.-South of Highway 377 and Brush Creek Road, and Approval of Associated Oversizing and Pro Rata Agreements SUMMARY; Jo "Rorer Develoument has requested approval to extend City of Denton water and sewer service to a 172 acre proprosed development located adjacent to and south of Brush Creek Road along Highway 377. Part of the property is located within the city limits of Denton and part is out of the city. Both Denton and Argyle Water Supply Corporation have certificates of convenience and necessity for t,ie area for water service. Only Denton has a certificate of convenience and necessity for sewer. Argyle water supply Corporation has al ready denied Jo Storer water service due to a lack of water quantity. Jo Storer, the Denton Utility Staff and Argyle Water Supply Corporation have met to work out details of line sizing, routing, oversizing and pro rata. Jo Storer has agreed to extend a 10" water line from Hobson Lane to Highway 377 then to and across the front of the proposer.. development a distance of approximately 20,0001. Argyle Water Supply Corporation has tentatively agreed to pay oversizin,g from 10" to 16" for approximately 14,000'. Denton Utility Staff is recommending that Denton pay oversizing from 10" t(* 16" on approximately 6,000' which is the distance from the existing 16" line on Hobson Lane to Highway 377 and to the Santa Fe Railroad which is the extent of the residential, commercial and industrial development. Fire hydrant water flows in the south forth Worth Drive (Highway 377) wou.IJ be substantially improved with this line. Jo Storer has agreed to extend at least a 10" sewer line from the proposed development to the Hickory Creek out.fall line. Some discussion has been held to oversize the line for future use by the Argyle area and community, However, no funding commitments have been made, Prior to Argyle Water Supply Corporation financing the oversize costs, they have requested a resolution from Denton stating that Denton will sell them water. Such a resolution will be reviewed by the Public Utilities L~oard in the near future for their consideration and 312SU;3 eco n ati n to the Counl, N waver u"ch water sales 10 rfy~e ater Supply 8olrporation w~l have to meet Dallas new customer water sales policies, since such water sold external entities is Dallas' water, One of these policies is that a certain percentage of the water customers be on a sewer collection system, which presently does not exist in Argyle or the area, FISCAL SUMMARY: All costs and line lengths are estimates; Water Line; 20,000' @ $32/ft, for 16" size $6400000 Dee' to er 20,000', 10" portion $400,000 @ ~20.00/ft, AWSC-14,000'»10" to 16" oversize $168,000 at $32/ft.-$20.00/ft. ■ $12/ft Denton- 6,000' -10" to 16" oversize @ $32/ft.-$20.00/£t, $72,000 Sewer Line: - 10,000' of 10" $210,000 Developer 10,000' @ $21/ft. $210,000 aaamrtamm TOTAL wATHR/SHWER LINE $850,000 Source of Funds Water Bond Funds Account Y 623008-0461-9114 ACTION REQUIRED: Approve or disapprove authorizing Storer Homes inc., to extend City of Denton water and sewer to proposed development. Approve or disapprove or modify City of Denton's participation in oversize of line. Acknowledge intent of entering into water and sewer line pro rata agreements with Storer Homes, Inc. RHCOMMENDATION : The Public Utilities Board, at their meeting of July 2, 1984, recommended to the Council that the City of Denton provide water and sanitary sewer service outside of the City Limits to Storer Homes, Inc., development, under the following terms; 1. That a 16" waterline be constructed from Hobson Lane south on Highway 377 to the far frontage of. Vic development along Highway 377, 2. That a 10" sanitary sewerline be constructed from the intersection of Highway 377 along Brush Creek Road and then heading across land to tie in to the Hickory Creek sanitary sewer outfall, 3. That Denton participate in oversizing from 10" to 16" for approximately 6,0001. 3125U;4 4. 't'hat the expense to the Clty of Denton of this water line be as listed in the Fiscal Summary and not to exceed $100,000, S, That if the Argyle Water Supply *)rporation chooses to fund the water and/or sewer oversixing through an agreement with the Storer Homes -(iic, development, that such agreement be undertaken priov to construction and meet the approval of the Pub.li-- Utilities Hoard, Planning and Zoning Commission t,-,d the Denton City Council. 6. rhat it is further recommended that all off site utility lines be given a pro rata agreement with the Jo Storer development in accordance with the City of Denton pro rata ordinances. The Planning and Zoning Commission discussed this item at their meeting on August 8, 1984, at which time they recommended approval of providing water and sewer service to Storer Homes, Inc. Respectfully, -1 It i 0 R. H, Nelson Director of Utilities EXHIBIT 1 Letter requesting service for water/sanitary sewer services outside the City limits. 11 Location map of the Storer Homes, Inc., development showing proposed water and sanitary sewer mains. III Pro Rata Agreements (Water/Sewer) IV PUB Minutes of July 2, 1984, meeting V P$Z Minutes of August 8, 1984 meeting. 3125U:5 1 I' mpe" MGMKOr INct E*M= I May 17, 1984 Mr, Bob Nelson Director of Utilities City of Denton 213 E, McKinney Denton, Texas 76241 Dear Mr, Nelson; Storer Homes, Inc.4is hereby requesting utility service from the City of Denton to one hundred seventy-six acres of land located at Highway 377 and Brush Creek Road, The requested plat is being sent under separate cover by Fields and Edwards Associates, Inc. Thank yuu for your prompt attention to this matter, Sincerely, Jo Storer i , Route 1 Box 276 - Argyle, Texas 76226 Residential Contractor - Interior Designer Developer 817.382.2030 y / X1.1 •y' f I 1 a.... I \ i •f t~, t ,,,r,~, R INV. 1 If ~~ii. e. ,,~'I ~I r,. .Mi 1 ~(f(~~'1r` , ' / IAA ~ry SI Y \ 1 • ,il ♦4r (/'~I. 1 II 11 1 1.4 ' , I''i ; ..1111 NIT 1 \a• r.y.l ski?, 17111...,~ i.,.• y 7 I 1 ~`:IA 'X 1: 1 . . . 7 1 i tj ~.4.. I. . , •1 ~T ~ 1 ''lj w, w. r. r, l~/jJ} }n~ ~ ~Iy, p' 1' I, • l1 M 1~'~~~' ,S'~ it ~V~4i •1 . 11 1 + .iw \!~j tt ~1• it Imo. w,ll ~ 1 4• f. 1~ ~ /111 7i . ' ~ •1.~1.rw.~','~ YYY , '!II 7 II fl ~l„ ''"111 ~•V~ i CI' 1;1 ! ' I tir !tea-"'~r' \,l ~V I ~ Iti " ' 1• ~ C~ • 1 ' . 'barn •t~ • r. r 1' `.1 1• . V 1 al N -r1 ~+41neAl>~',II1~ 1 a b,i ~1 I plyy' 1111\x••1+u :It71 4MMSOM ,I~ W Mn , d l ' S•. . ylu, i - 1 fit( • "'vvv .I k 1 I'y a ` III` •'r ~rf` `~_'\i .1-• 1' r. • ~1. y'► t77Z . 441 yC mom SjQREIQ NeMES I~IGI , s.. . -11 -71 CON IDE AgAN NM NT F PORTION OF AN EXISTINQ 611 9 S, s a recommended that this abandonment be approve ind"such approval be passed on to the City Council, After discussion with Sta£f, Nancy Boyd made a motion to approve and recommend to the City Council approval of the abandonment of the easement. Leonard Herring second, all ayes, no nayes, motion carried, 10, CONSIDER PROPOSED CONSTRUCTION AND OVERSIZE AGREEMENT WITH FOR A NEW SANITARY SEMLINE FROM THE I E S i UT= S R T of on made by ancy oy to approve the City's participation, recommend to the City Council, Second by Leonard Herring. All ayes, no nayes, motion carried, 11, CONSIDER PROVIDING WATER 'EWER SERI ICE TO JO STORE -SOUTH DEVELOPMENT APPROVAL 0 AgSOCTAND OVERSIZINd RO A AGREEMENTS: Leonard Herring made a motion, Nancy Boyd second to provide an oversized agreement for water and sewer fines with Jo Storer, to provide a 16" water line and a 10" sewer line, with the City paying for the oversize of the waterline within its city limits down Hobson to the railroad underpass. All ayes, no nayes, motion carried. 12, CONSIDER PROVIDING SANITARY SEWER SERVICE FOR R.O. MCDONNEL on 'n-ACRE DENTON CITY LIMITS: of on y ancy Boy , se con' by Leonard Herring to recommend approval of the sewer karvice outside the city limits to R. 0, McDonnel. After a brief discussion, motion carried. Three ayes, no nayes, motion carried. 13. CONSIDER DOWNTOWN SQUARE UNMrRGROUND PADMOUNT SWITCH AND fiEAISFOPiF,K 6FAUL: mr. 'T'u ors explained the s tuat on tat certain par ing spaces would have to be dedicated for the purpose of placing padmounts in order to provide underground electric service to the Denton square. In order to facilitate this procedure, certain parking spaces have been designated for use by the electric service to place transformation equipment. After discussion, Leonard Herring motioned that the Traffic Commission and the City Council adopt these locations designated for exclusive use by the Electric Utility System for installation of padmount equipment. Three ayes, :no nayes, motion carried. MINUTES PUBLIC UTILITIES BOARD JULY 2, 1964 3055U:4 P Z Minutes August 8, 1984 Paaa 17 G, Consider providing water/sewer service to Storer Homes Inc., south of Hi hway 377 and Brush Creek Road, and approval of associated oversizing and pro rata agree- ments. Mr, Clark stated Ms, Storer's Development has re- quested approval to extend City of Denton water and sewer service to a 172 acre proposed development lo- cated adjacent-to and south of Brush Creek Road along Highway 377. He stated part of the property is located within the city limits of Denton and part is out of the city, Both Denton and Argyle Water Supply Corporation have certificates of convenience and necessity for the area for water service. Only Denton has a certificate of convenience and necessity for sewer. He stated Argyle water supply Corporation has already denied Jo Storer water service due to a lack of water quanity. He stated Ms. Storer, the Denton Utility staff and Argyle Water Supply Corporation have met to work out details of line sizing, routing, oversizing and pro rata. Ms. Storer has agreed to extend a 10" water line from Hobson Lane to Highway 377 then to and across the front of the proposed develop- ment a distance of approximately 20,0001. Argyle Water Supply Corportion has tentatively agreed to pay oversizing from 10" to 16" for approximately 14,0001. Denton Utility Staff is recommending that Denton pay oversizing from 10" to 16" on approximately 6,000' which is the distance from the existing 16" line on Hobson Lane to Highway 377 and to the San+.a Fe Railroad which is the extent of the residential, commercial and industrial development. He stated fire hydrant water flows in the south Fort Worth Drive (Highway 37)) would be substantially improved with this line. He further stated Ms. Storer has agreed to extend at least a 10" sewer line from the proposed development to the Hickory Creek outfall line. He stated prior to Argyle,Water Supply Corporation financing the oversizing costs, they have requested a resolution from Denton stating that Denton will sell them water. Such a resolution will be reviewed by the Public Utilities Board in the near future for their consid- eration and recommendation to the Council. Mr. Sidor made a motion to recommend approval of providing water/sewer service to Storer Homes Inc., seconded by Mr. Fscue and unanimously carried (6-0). ' WATERLINE PRO RATA AGREEMENT THE STATE OF TEXAS ) } KNOW ALL MEN aY THESE PREStNT61 COUNTY OF DENTON ) THAT THIS AGREEMENT is made this day of 1984 by and between the City of Denton, a Municipal Corporation of the County of Denton and bh*.;Stace ot_TfxAS, hgrelnaftet referred to as 'City' and STORER HOMES, tNC., hereinafter referred to as 'Owner', WHERE'' in an to water line from the City of Den~on's Hobson Lane existing line 20,000 feet to Owner's development on-the south side of Brush Cre49 Road and the east aide of State Highway 377 (near City of Aegyle)r and WHEREAS, in order to serve this development with water services, Owner will be required to pay the cost of 10,000 feet of water line and will extend such water line as describ,3d aeove pursuant to the provisions in affect on the date of this Agreement of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas, as heretofore amended and WHEREAS, the Owner desLres to receiv. reimbursement for such cost under the provisions of said Denton Development Code of the City of Denton, Texasi NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter provides, the parties hereto agron as foliowsi I. That for and in consideration of the Construction of such water line extension for the benefit of Owner and the City, the City agrees to reimburse Owner not to exceed his cost of construction only of such main extension the estimated sum of 408,500 (19,000' offslte x $21.50 per foot for 8' size line) under the provisions in affect on the date of this Agreement of the Denton Development Code of the City of Denton, Texas, as heretofore amended with the Eollo~ring limitations; A. Reimbursement costs will be verified by the Director of Utilities or his designee based on actual costs of offaita water line construction as presented by the owners, a, After the expiration of twenty (20) years from this date of the completion of the water main extension, which will be completed about Novemba; 1984, no further reimbursement shall be made to Owns;, C. The reimbursement Shall not apply to main extensions constructed by the City of Denton or under Its directions from any main construction under the terms of this Agreement. D. Reimbursement payments shall be made to the Owner or their assigns if written, and to no other porson(s}, STORER HOMES, INC., WATERLINE PRO RATA AGREEMENT - PAGE ONE e. The reimbc isment aforesaid shall be payable only from funds re-.4 and ay the City pursuant to saia oe.nton } Dewlopmeu',; Code, F, 3'hve shall be a maximum of twenty (dO) yeire 41 cne period of eligibility wherein the a;iginal installer of the main may requast feimbursement of pro rata payments under this Agreement. The period of eligibility shall begin as the date of fiktal inapeution and acoeptance of the extension by the City. G. All pro rata fees lnaurred under the provisions .it the Denton Development Code shall be paid directly the City and the City shall transfer amounts due to wne, within thirty (30) days of receipt. 11. That for and in consideration of the Agreements :e performed Oy the City as aforesaid, Owner hereby transfers :s the City all of its rights, title ano interest in and to thv main extension descrioad abcve, and any and all easements and rig--t of way agKeweenaa:•s+aur+d oy.tn+m gor.,thp pyirpose of iccating sai4 main extensions. I t n t o arties hereto on the da. and year fi w~• !a`~~ Li,^ i,r STORER HOMES, INC. BY 5 CITY OF DENTON, TEXAS . RICHARD 0. STEWART, MAYOR ATTESTf CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM! ROBERT B. HUNTER ASSISTANT CITY ATTORNEY STORER HOMES, INC., wA1ERLINE PRO RATE AGREEMENT - PAGB TWi"- e SEWERLINS PRO RATA AGREEMENT 1 THE STATE OF TEXAS ) KNOW ALL MEN 8Y THESE PRESE:,:S; COUNTY OF DENTON ) THAT THIS AGREEMENT is made this _day of 1984 oy and between the City of Denton, a yygi,cipol ,CQFP.VAe.ion of the County of Denton and thi'STat'i of Texas, hereinafter referred to as 'City' ind STORER HOMES, I e to fe r ' tP owner' WHEREAS, Owner will install an uffstte sewer line from the city of Dentd*4-i-Kl'ckory"Creek "4'xise:ng ~11na approximately 9,400 feet to Owner's development on the south Side of Brush Crook Road and the east side of State Highway 377 (near City of Argyle)f and WHEREAS, in order to serve this development with .sewer services, Owner will be required to pay the cost of approximately 9,000 feet of sewer line and will extend such saver line as described above pursuant to the provisions in otteet on the data of this Agreement of the Denton Development Code, Appendix A to the code of Ordinances of the City of Denton Texas, as hererfore amendedl and WHEREAS, the Owner desires to receive reimbursement for _ such cost under the provisions of said Denton Development Ccoa of the City of Denton, Texasr NOW THEREFORE, in consideration of the premises and the mutual covenants ind agreements hereinafter provided, the pasties hereto agree as follows; I, That for and in consideration of the construction cf such se, '.,or line extension for the benefit of owner and the City, the City agrees to reimburse Owner not to exceeo his cost of construction only of such main extension the estimated sum of 31390000 ;3.;,00' offsita x $21 per foot for 10" size line) under the provisions in effect on the date of this Agreement of the Denton Development :ode of the City of Denton, Texas, as heretofore amended wit: the following limitations; A. Reimbursement costs will be veritied by the Dire--.or of Utilitiea or his designee basao on actual costs of offsita sewer line construction as presented ay the Owners, 9. After the expiration of twenr.y (20) years froa :his date of the completion of the sewer main extension, which .ill be completed about November 1964, no further reimbursement shall be made to Owner, C. the reimbursement shall not apply to main extensions constructed by the City of Denton or under its directiuns from any main construction under the terms of this Agreement, D. Reimbursement payments snail oe made to the owner or their assigns it written, and to no other person(rj. 4 STORER HOMES, INC., SEWERLINE PRO RATA AGREEMENT - PAGE ONE E. The reimbursement aforesaid shall be payable only from ~ funds received by the City pursuant to said 4tsson ~`JI Development Code. F. There shall be a maximum of twenty (20) years as the tariod of eligibility wherain the original lnsta~:er of the main may request reimbursement of pro rata Pa ments under this Agreement. The period of eligibility shall begin as the date of final inspection and aeoaptanoe of the extension by the :.;y. a, All pro rata fees incurred under the provisions of ;he Denton Development code shall be paid directly t' :he City and the City shall transfer amounts due to -wntr within thirty (10) days of receipt. II. That for and in consideration of the Agreements oa performed by the City as aforesaid, Owner hereby transfers c,z the city all of its rights, title and interest in and to the rosin extension described above, and any and all easements and rig..: of way agreements secured by them for the purpose of locating sail wain .y E its hereto on the cat and year first o r n !y STORER HOMES, INC. L w . / . By CITY OF DENTON, TEXAS RICHARD 0. STEWART, MAYOR ATTEST; CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; ROBERT S. HUNTER ASSISTANT CITY ATTORNEY STORER HOMES, INC., SEWERLINE PRO RATA AOREEMENT..- PAGE TWO WATERLINE OVERSIZE PARTICIPATION AOREEMENT THE SPATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS; COUNTY OF PENTON S THAT WHEREAS, STORER HOMES, INC „ is the Developer of certain property Shown on the attached map, which map is lnoorpo(ated herein as it set forth in tulip and further descrioed as property on Brush Creek Road and State Highway 377, (near City of Argyle), and Developer desires to serve such property with 20,000 feet of on and otfalte water line facilities) and, WH:'REASp the Argyle Water Supply Corporation (AWSC) desires that Such On and offeite water facilities be oversized and the AWSC will participate in the additional cost of the oversized facilities from the north side of the Santa Fe Railroad, approxi- mately 14,000 feet to the south and of the Storer property, pursuant to the provisions of the Denton Development code, Appendix A to the Code of Ordinances of the City of Denton Texas) and WHEREASp the City of Denton also desires that such on and off site water facilities be oversized and the City of Denton will participate in the additional cost of the oversized facilities from Hobson Lane to the north side of the Santa Fe Railroad, approximately 6,000 feet, pursuant to the provisions of the Denton Development Code of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this day of --o 1984, by and between STORER HOMES INC., ARGYLE WATER CORPORATION (AWSC), AND THE CITY OF DENTON, TEXAS, a Home Rule Municipal Corporation of the State of Texas, hereinafter I called 'City'; WITNESSETH; 1. The Developer and AWSC will insall, by contract or otherwise, a 16' water line and appurt,tnances to servN the property described on the attached map in accordance with all WATERLINE OVERSIZE PARTICIPATION AGREEMENT/STORER HOMES, INC, PAVE 1 City of Denton ordinances, rules, regulations, policies and procedures, The said facilities shall be located as shown on the attached map which is made a part hereof for all intents and purposes, The enyineering design and easement purchases will be paid by the Developer and AWSC, 2. The AWSC share of the estimated coat of overslzin,4 said facilities is $168400 114400' x $32-$20.00) for construction only, The City of Denton share of the estimated cost of oversiztng said facilities is $72,000 (6,000' x $32 - $20.00) for construction only. Upon completion of construction and acceptance by the City of said facilities, the actual cost of the AWSC and City's oversize participation in said facilities shall be determined and certified to by the Director 0of Utilities or his designee, and his certificate setting out. the AWSC and City's cost of said facilities shalt be attached hereto and made a part hereof, 3. The AWSC and City shall pay for their shares of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptablo to the parties, 4, Title to said facilities is hereby and shall at all times be vested in the City. 5. The Developer and AWSC shall and does hereby agree to indemnify and hold harmless the city from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, r,)glect or wrong-doing of Developer or AWSC, its officers, a;ents, employees, invitees, contractors or other persons with regard to the performance of this contract, and Developer and AWSC will, at their own cost and expense, defend and protect against any and all such claims and demands, WATERLINE OVERSIZE PARTICIPATION AGREEMENT/STOKER HOMES, INC. PAGE 2 IN WITNESS WHEREOF, this instrument Is executed in by said Parties this day of , 1984, ARGYLE WATER SUPPLY CORPORATION STOKER HOMES INCORPORATED (AWSC) sYt sYt I CITY OF DENTONr TEXAS BYi RICHARD 0. STE T., MAYOR ATTESTt CHARLOTTE ALLENi CITY SECRETARY CITY OF DENTONi TEXAS 11 APPROVED AS TO LEGAL FORMI JOE D. MORRISs ACTING CITY ATTORNEY 8Y o w1 WATERLINE OVERSIZE PARTICIPATION AGREEMENT/STOKER HOMES# INC. PAGE 3 (,LKIJ l .A14 Ur AUlriLNh(wlll< THIS IS TO CI PTIFY that lhs mluaphnls~raphi apps«rlnti an this MIIM•fllo CITY COUNCIL AGENDA PACKET 08/21/1984 Ik..Hn1l and n u I:ndlnp with CITY COUNCIL AGENDA PACKET accuroN and complslo rvprsdYcllanl of tho rocsidi of (Company end D*pio) CITY OF OE ON CITY SECRETARY as rlollvonsd In lhs rsgvlac cavrs$ of hvalnorc la phsl"rophln4. N Is Ivrlhor 46111A64 Ihol Ihl rnicrgpholp~rpphlc piecoccoi wor. accompllchool In 0 rnonnw and on Alm which mktr wllh rolwItsmonlc of Iht Nollsnol I" w of Slandardo M psrmansnl lnlcrophal"top:tic copy. Rocoeds Cam rccHnotocr Al'lo9AK c....o►o "i kQt4tek aft SS4E• ♦illnelnn TOVaa 7fJ11f1