HomeMy WebLinkAbout12-04-1984
CITY COUNCIL
AGENDA
OBNDA
CITY OF D~~TON CITY `COUNCIL
December 4, 1984
Work Session of the City of Denton City Council on Tuesda>>,
Docember 4, 1984, at 5;30 p,m, in the Civil Defense Room of the
Municipal Building at which the following items wi11 be
considered:
5;30 p,m,
1. Receive a report from representatives of the Flow
Memorial Hospital Board of Directors,
2, Discussion of child care ordinance,
3. Approval of proposed sign ordinance provisions.
4. Review of the elementary after-school program,
5. Executive Session:
A. Leggal Matters Under Sec, 2~e), Art, 6252-17
V, A, T.8,
B. Real Estate Under Sec, 2(f), Art, 6252-17
M
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,
December 4, 1984, at 7:00 pp,m, in the Council Chambers of the
Municipal Building at which the following items will be
considered:
7.00 p.m.
i. Consider approval of a resolution of appreciation for
Ms, Margaret Nichols, (Tile Library Board recommends
approval , )
2. Consider approval of the Minutes of the Special Called
Meeting of September 13, 19840
3. Consent Agenda:
Bach of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations, Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
recommendations,
City of Denton City Council Agenda
Dbcembd 4, 1984
Page Two
A, Bids and Puchase Orders;
Listed below ire bids and purchase orders to be approved for
payment under the Ordinance section of the agenda, Detailed
back-up information is attached to the ordinances (Agenda items
S,A, S,B, and S,C). This listing i.s provided on the Consent
Agenda to allow Council Members to discuss any item prior to
approval of the ordinance,
11 Bid N 9352 - Streetlights
21 Bid 0 9354 and 9355 - Raw water pump
station with values and controls
3. Bid 0 9365 - Aire hose
4, Bid # 9368 - Concrete planks
5. Bid N 9369 - Structural steel
6. Bid 0 9 58 - Eater and sewer utility
capital improvements
7, Bid M 9364 - Loop 288 water and sewer
utiity relocations
8. Purchase Order # 64896 to Calvert Motor
Company in tae amount of $3,083.43
Purchase order 8 65683 to Ma;caney
international in the amount of $9,000.00
B. Plats, Replats and Site Plans;
1. Approval of preliminary plat of the M $ B
Metal Addition, Block 1 Lot 1. (Tne
Planning and Zoning Commission recommends
approval,)
2, A roval of preliminary plat of the Smith
Hill Addition. ('S'he Pliannin and Zoning
Commission recommends approval,)
3. Approval of preliminary plat of South Denton
Industrial Park Addition, Block 1, Lot 1.
(The Planning and Zoning commission
recommends approval,)
4, Approval of preliminary and final replat of
the Wainwright Addition, Block 28, Lot I-R.
(The Planning and Zoning Commission
recommends approval,)
City of Denton City Council Agenda
December 4, 1984
Page three
4, Public Hearings:
A, Z-1700, This is a petition of Dabney Companies
requesting a change in the zoning classification
from planned development (PD-17) and agricultural
(A) to light industrial (LI) classification on a
tract of 334,607 acres located east of and
abutting Woodrow Lane and north of the proposed
extension of Horse Street north of Spencer Road
and west of Loop 288, The tract contains
approximately 123 acres for 11gut industrial (LI)
use within the planned development district PD-17
and the balance of approximately 211,6 acres
under the zoned agricultural classification (A),
if approved, the entire site of 334.607 acres
will be developed for light industrial uses in
accordance witti the Denton Zoning Ordinances,
(The Planning and Zoning Commission recommends
approval,)
B, L-1707, This is the petition of B1 Dorado Car
WN sh Systems requesting a change of zoning
classification from multi-family (MP-1) to
ggeneral retail (GR) on a tract of approximately
0,5326 acres situated north of and abutting
Londonderry Lane and west of and abutting Jason
Drive and more fully described as lot 1, block D,
Teasley Mall Subdivision. If approved, the sits
may be developed for any general retail and
service type uses as permitted by the City of
Denton Zoning Ordinance. (Tne Planning and
Zoning Commission recommend approval,)
C. Z-1708, This is the petition of Dallas Design
oup, Inc, requesting a change o£ zoning
classification from multi-family W-11) to
general retail (GR) on a tract of 0.574 acres of
land situated north of and abutting Londonderry
Lane and east of and abutting Jason Drive and
more fully described as lot 4B1, block B, Teasley
Ma) 1 Subdivision, If approved, the site may be
developed for any general retail and service type
uses as permitted by the City of Denton Zoning
Ordinance. (The Planning and Zoning Commission
recommends approval.)
D. Hold a public hearing on the petition of B, L.
Archer or annexation of 31.02; acres located at
the southwest corner of Ryan Lead and Teasley
Lane (P142181) (A-8), (The Planning and Zoning
Commission recommends approval,)
City 'of Denton City Council Agenda
December 41 1984
Page Four
B, Hold a public lie aring regarding the proposed
annexation of approximately 5 acres of land
located north of. Highway 380 West and adjacent
and west of Masch Branch Road (A•9), (The
Planning and Zoning commission recommends
approval,)
F. Hold a public nearing on the petition of Myers
Development Corporation for annexation of
approximately 131.7 ucres located south of
Robinson Road and east of Nowlin Road (A•10),
(The Planning and Zoning Commission recommends
approval,)
G. Hold a public hearing on the petition of Walter
DeRoade for annexation of approximately 112 acres
located west of 1-35& service road and north of
Marstiall Road and east of the Topeka and Santa Fe
Railway (A-12), (Tne Planning and Zoning
Commission recommends approval.)
Ordinances;
A. Consider adoption of an ordinance accepting
competitive bids and awarding a contract for the
purchase of materials, equipment, supplies or
services; providing for the expenditure of funds
therefore; and providing for an effective date.
B, Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements;
providing for the expenditure of funds tnerefor;
and providing for an effective date.
C. Consider adoption of an ordinance providing for
tae expenditure of funds for emergency purc;iasos
of materials, equipment, supplies or services In
accordance with the provision of state law
exempting such purchases from requirements of
competitive bids; and providing for an effective
date,
D. Consider adoption of an ordinance establishing
rates for commercial sanitation service.
B. Consider adoption of an ordinance authorizing the
addition of increased municipal contributions and
supplemental death benefits to the Texas
Municipal Retirement System,
City of Denton City Council Agenda
Docember 4, 1984
page Five
F. Consider adoption of an ordinance accepting the
dedication of right-of-way for a new alignment of
Spencer Road at Woodrow Lane,
G. Consider adoption of an ordinance abandoning
right-of-way on Spencer Road at Woodrow Lane,
H. Consider adoption of an ordinance approving an
employment agreement between the City of Denton
and the City Manager.
6. Resolutions;
A. Consider approval of a resolution approving an
agreement by the City of Denton Industrial
Development Authority to issue a bond for Dallas
Drive Development Group and a guarantee agreement
with G. E. Adami, John S. Adami, Ted L. Coe, and
James Shane and the bond resolution providing for
the issuance of such bond.
B. Consider approval of a resolution regarding the
use of laud at Flow Memorial Hospital.
C. Consider approval of a resolution authorizing the
City of Denton to apply to the Texas Rental
Rehabilitation Program Fund for federal funds for
rehabilitation of privately owned rental property.
7. Consider approval of Change order #1 to Bid #9249 for
Capital improvement Plan project 084-W-21 and 84-5-12
to replace Panhandle water and wastewater lines, The
Public Utilities Board recommends approval,)
8. Consider approval of a request for pro rata agreement
for a 10 inch sanitary sewer line with Weston
Development Corpotation, developers of Bell2iire
Heights, Phase III. (The Public Utilities Board
recommends approval,)
9. Consider disposition of request of Denton County
Mental Health Centers, Inc. for a specific use permit
at 1120 Frame Street to permit the operation of a
halfway house
10, Official Action on Executive Session Items.
A. Legal Matters
B. Real Estate
C.
Personnel
D. Boara Appoisitments
City of Denton City Council Agenda
December 4, 1984
Page six
11, New Business;
This item provides a section for Council Members to
suggest Items for future agendas,
C B R T I F 1 C A T F
I certify that the above notice of meeting was posted on the
bulletin boaro at the City Hall of the City of Denton, Texas,
y2~.
on the day of , 1984 at o'clock
(a.m.) C(Pr..__
CITY SECRETARY
1571C
A013NDA
CITY OF DENTON CITY COUNCTI,
December 4, 1984
Work Session of the City of Denton City Council on Tuesday,
December 4, 1984, at 5,30 p.m. in the Civil Defense Room of the
Municipal Building at wit icIt the following items will be
considered;
5;30 1.m.
1. Receive a report from ropresontativos of the Flow
Memorial Hospital Board of Directors,
2. Discussion of child care ordinance,
3. Approval of proposod sign ordinance provisions.
4. Review of the olemontary aftor-school program.
5. Executlvo Session;
A. Legal Matters Under Sec, 2(e), Art. 6252-17
. , r. S.
B. Real Estate Undor Sec. 2(f), Art. 6252-17
V. A. 1'. S.
C. Personnel Under Sec. 2(gArt 5252-17 V. A. T. S.
D. Board Appointments Under Sec:. 2(g), Art
6252-17 V,A,'r,S,
Regular Meeting of the City of Denton City Council on Tuesday,
December 41 1984, at 7;00 pp,m, in the Council Chambers of the
Municipal Building at which the following items will be
considered;
7;00
1. Consider approval of a resolution of appreciation for
Ms, Margaret Nic,iols. (The Library Board recommends
approval.)
Z. Consider approval of the Minutes of the Special Called
Meeting of September 13, 1'984.
3. Consent Agenda;
Bach 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 eacli item in accordance with the Staff
recommendations,
City of Denton City Council Agenda
December 4, 1984
Pago Two
A. Bids and Puchaso Orders;
Listed below are bids and purchase; ordors to be approved for
payment under the Ordinance section of tho agenda. Detailed
back-up information is attached to the ordinances (Agenda items
5,A, 5.6, and 5,C). This listing is provided on the Consent
Agenda to allow Council Members to discuss any item prior to
appr^val of the ordinance.
1. Bid N 9352 - Strootlights
2. Bid N 9354 and 9355 - Raw water ' pump
station with values and controls
3. Bid M 9365 - Fire hose
4. Did N 9368 - Concrete planks
S. Bid N 9369 - Structural steel
6. Bid M 9353 - Water and sewer utility
capital improvements
7. Bid # 9364 - Loop 288 water and sewer
unity relocations
8. Purchase Order N 64896 to Calvert Motor
Company in the amount of $3,083.43
9, Purchase order N 65683 to Mailaney
International in Clio amount of $1,000.00
B. Plats, Replats and Site Plans;
1. Approval of preliminary plat of the M F, B
Metal Addition, Block 1 Lot 1. (The
Planning and Zoning Commission recommends
approval.)
2. Approval of preliminary plat of the Smith
11111 Addition, (The Plannin and zoning
Commission recommends approval.
3. Approval of preliminary plat of South Donton
Industrial Park Addition, Block 1, Lot 1.
(The Planning and Zoning Commission
recommends approval.)
4. Approval of preliminary and final replat of
the Wainwright Addition, Block 28, Lot I-R.
(The Planning and Zoning Commission
recommends approval.)
I
City of Denton City COUOcil Agenda
I)ecembor 4 , 1984
Page Three
Public Hearings:
A. Z-170U. 't'his is a petition of Dabney Companies
requoR iag a change ill the zoning classification
from planned dove lo pment (PD-17) and agricultural
(A) to light industrial (LI) classificution on a
tract of 334,607 acres located east of and
abutting Woodrow Lane and north of the proposed
extension of Morse Stroet north of Spencer [toad
and west of Loop 288, I'lle trit ct contains
approximately 123 acres for light industrial (LI)
use within the planned devolopment district PD-17
and the balance of approximately 211.6 acres
under the zoned agricultural classification (A),
If approved, the entire site of 334.607 acres
will be developed for light industrial uses in
accordance with the Denton Zoning Ordinances,
(The Planning and Zoning Commission recommends
approval,)
B. Z-1707, This is the petition of Hl Dorado Car
Wagh Systems requesting a change of -coning
classification from multi - family (MF-1) to
general retail (GR) on it tract of approximately
0,5326 acres situated north of and abutting
Londondorry Lane and west of and abutting Jason
Drive and more fully described as lot 1, block D,
Teasley Mali Subdivision, if approved, the site
may be developed for any general retail and
service type uses as permitted by the City of
Denton Zoning Ordinance, (Tire Planning and
Zoning Commission recommend approval,)
C. Z-008, This is the petition of Dallas Design
coop," Inc, requesting a change of zoning
classification from multi-family (MF••1) to
general retail (GR) oil a tract of 0.574 acres of
land situated nortu of and abutting Londonderry
Lane and east of and abutting Jason Drive an([
more fully (described as lot 4BI, block L4, Teasley
Mall Subdivision, If approved, the site may be
developed for any general retail and service type
uses as permitted by the City of Denton Zoning
Ordinance. (The Planning and Zoning Commission
recommends approval,)
D. field a Mblic hearing on the yetition of B. L.
Archer or annexation of 31,027 acres located at
the southwest corner of Ryan Road and Teasley
Lane (FM2181) (A-8), (The Planning and Zoning
Commission recommends approval,)
City of Denton City Council. Agenda
December 4, 1984
Page Four
Fs, llold a public hearing regarding the proposed
annexation of approximately 5 acres of land
located north of Highway 380 West and adjacent
and west of Masch Branch Road (A•9), (The
Planning and Zoning commission rocommends
approval,)
1', Hold it public soaring nn tho petition of Myors
Development Corporation for annexation of
approximately 131.7 acros located south of
Robinson Road and cast of Nowlin Road (A-10),
('rile Planning and Zoning Commission recommends
approval,)
G. Hold a public hearing on the petition of Walter
DeRondo for annexation of approximately 112 acres
locator] west of 1-3513 service road and north of
Marshall Road and east of the Topeka and Santa Fe
Railway (A-12). ('the Planning and Zoning
Commission recommends appr,)val.)
S, Ordinances;
A. Consider adoption of an ordinance accepting
competitive bids and awarding a contract for the
purchase of material's, equipment, supplies or
services; providing for the expondituVe of funds
therefore; and providing for an effective date.
B, Consider adoption of an ordinance acceptingg
competitive bids and providing for the award of
contracts for public works or improvements;
providing for the expenditure of funds tnerefor;
and providing for an effective date,
C. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance w i u the provision of state law
exempting such purchases from requirements of
competitive bids; and providing for an effective
date.
D. Consider adoption of an ordinance establishing
rates for commercial sanitation service,
E. Consider adoption of an ordinance authorizing the
addition of increased municipal contributions and
supplementel death benefits to the 'texas
Municipal Retirement System.
City of Denton City Council Agenda
December 4, 1984
Page: Five
F. Consider adoption of an ordinance accepting the
dedication of right-of'•way for a new alignment of
Spencer Road at Woodrow Lane,
G. Consider adoption of an ordinance abanaoning
right-of-way on Spencer Road at Woodrow Lane,
41. Consider adoption of an ordinance approving an
employment agreoment between the City of Dentoi>
and the City Manager,
6. Resolutions;
A. Consider approval of a resolution approving an
agreement by tlee City of Don con Industrial
Development.. Authority to issue a bond for Dallas
Drive Development Group and a guarantee agreement
with G, E. Adami , John S, Adami , Ted L. Coo, and
James Shane end the bond resolution providing for
the issuance of such bond,
B. Consider approval of a resolution regarding the
use of land at Flow Memorial flospital,
C. Consider approval of a resolution authorizing the
City of Denton to apply to the Texas Rental
Rehabilitation Program Fund Let, federal fluids for
rehabilitation of privately owned rental property,
7. Consider approval of Cliange Order 01 to Bid N9249 for
Capital Improvement Plnn Project 9844-W-21 and 84-5-12
to replace Panhandle water and wastewater lines, (The
Public Utilities Board recommends approval.)
8. Cunsider approval of a request for pro rata agreement
for a 10 inch sanitary sewer line with Weston
Development Corporation, developers of Bellaire
Heights, Phase Ill, (The Public Utilities Board
recommends approval. )
9, Consider disposition of request of Denton t:ounty
Mental f;ealth Centers, Inc. for a specific use permit
at 1120 Frame Street to permit the operation of a
halfway house (S-182).
10. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
City of Denton t;ity Council Agenda
Docember 4, 1984
Pago Six
it, New Dusiiioss:
This item providils a section for Council Members to
suggest .ltoms for future agendas,
C R R T I v I C A T U
I
I certify that the above notice of meeting was posted `oil the
bulletin board at the City liall of the City of Denton, Texas,
on the day of , 1984 at o'clock
(a. m.) (p. m.)
CITY SHRETARY
IS71C
CITY OF DEVON ~f
MEMORANDUM
DATE; November 20, 1984
TOE Mayor and Members of the City Council
FROMi Jeff Meyer, Director of Planning
and Community Development
SUBJECT. CHILD CARE FACILITIES
The City of Denton Zoning Ordinance requires Specific Use Permits for child
care or kindergarten facilities in agrloultuval (A), single-family (SF), and
MF-2 zones. Attached is a list of non-conforming care centers. There may be
others that are not licensed by the state and/or do not adverblee.
in the case of the religious organizations, they may have been told by the
City Building Inspection Division that a Specific Use Permit was not
required, There is no record of those exempted, This practice was followed
based upon a previous City Attorney opinion. The current City Attorney
opinion is attached.
It appears that those non-religious organisations gust never applied for a
Specific Use Permit.
If there are centers that have been in continuous operation :since before 1969,
they are legal non-conforming uees.
The problem is that the present ordinance is vague as to what constitutes a
child care center or kindergarten. It is recommended that the City Council
consider either amending or replacing the present ordinance to conform with
state licensing requirements. These regulations are much more explicit than
the Denton ordinance. A copy is attached. Whether centers presently
operating without Specific Use Permits will be required or not required to
obtain Specific Use Permits can be handled by the manner in which the
ordinance is changed.
Jef f MeivW
Y
gl
08872
i
TeXaS Department of Human R0$Qur0es
,mr ropff- Licensed Day Care Facilities
City of Denton
Name Address Zoning
X ABC Pre-School 2720 B, University A
X Anna Bells Playroom 2601 Denison SF-7
Browns Child Care 1422 Noble SF-7
Charlotte Coffin 612 Westway SF-7
Childrens Day out 201 S. Locust CB
Childrens Play & Learn 419 Highland S-162
Childrens World 1021 Maple 5-75
X Christian Morning
Pre-School 1028 Welch St. M111-1
Denton Christ Pre-School 2200 Bell Ave. MF-1
x Denton City-County
Day Nursery 1603 Paisley St, SF-7
Erenhor.n 1501 Maple MP-2
X First Baptist Church Day
Care Center 1100 Malone St, Sly'-7
X First Baptist Church
Kindergarten 1100 Malone St, SF-7
Fred Moore Child
Care Center Drawer N SF-7
x Cull Gospel Church 209 Mockingbird Lane SF-7
Golden Eagle Youth 314 Jagoe MF-2
Grace Temple Baptist DCC 1106 W. Oak St. MF-l
Happy Days Pre-School 722 W. Oak St. 11-6
Joyce Johnson 1808 Twin Brook Rt, 3
Corinth, Texas
Laboratory Etc,-SKA 1512 Scripture 0
Laboratory Etc,-KNS 1512 Scripture 0
Laboratory Etc,-DCC 1512 Scripture 0
Little Creek Pre-School 1111 Cordell St, SF-10
Shirley Felts 615 Ector SF-10
St. Paul Lutheran DCC 703 N. Elm C
Tender Loving Care-DCC 1702 W. Oak St, 0
'l'ender Loving Care-KNS 1702 W. Oak St. 0
The Special Place 901 S. Elm C
Day Care
Page 2
Name Address Zoning
Toddler Town 633 Londonderry MI1-1
Weekday Kindergarten 1114 W. University Dr. C
NTSU Nursery School Matthews [fall-W, Oak St. MF-1
TWU Child Care Center 1900 Cherrywood MF-2
TWU Nursery School 1900 Cherrywood MP-2
C H O-y1e YOX Co r n,r ? 0`7 N. C.lar ro J j sF` 7
o ~ Crn ~
~9
CITY OF DENTON, TEXAS
OFFICE OF THE CITY ATTORNEY
,NEMORANDU;W
C.J. 7'0yfo1o, Jr-, City Attorney
Joe D. ~WWTi t Assistant City Attorney
Roblert 8. Hunter, Assistant City Attorney
DATE: July 26r 1984
T0:
David Ellison ~~'C1Vf~(•) JUL 2 7 f^'3y
FROM,. Joe D. Morris
SUBJECT: opinion No. 352
Request for opinion as to whether church operated day
care centers require specific use permit.
You have requested that our response to the above referenced
request made by Julia Moorer a copy of which is attached, be
directed to you.
In reference to such request, I make the following comments and
conclusions. Article 7 of Appendix B-Zoning of the Code of
Ordinances permits the use of land for a church or rectory in all
zoning districts. A day nursery or kindergarten school may be
located in agricultural, one-family dwelling, two-family dwelling
and multi-family dwelling-2 districts upon issuance of a specific
use permit.
Church or rectory is defined in the zoning ordinance as follows:
A place of worship and religious training of recognized
religions including the on-site housing of ministers,
rabbis, priests, nuns and similar staff personnel
(Article 12 (10)).
Day nursery or kindergarten school is defined in the zoning ordi-
nance as follows:
An establishment where more than six (6) children are
housed for care or training during the day or portion
thereof, (Article 12 (13))
It is our opinion that any day nursery or kindergarten school,
falling within the definition of the zoning ordinance, regardless
of whether it is operated by a church or religious or secular
David Ellison
Opinion No. 352
July 26, 1984
Page Two
organization must obtain a specific use permit for such use
located in a zoning district requiring such permit, Heard V, Cit
Of Dallas, 456 SW2d 440 (Tex.Civ,App.-Dallas 19700 wr t ref Id
n,r,e 1 Fountain Gdte Ministries v, City of Plano, 654 Sw2d 841
(Tex.App,-Dal as 1983 writ ref n,r,e,)l 62 A R 3 197.
Respectfully submitted,
J D, MORRIS
A RING CITY ATTORNEY
JDM;js
Attachment
MEMORANDUM
Date: August 10, 1983
To. C. J. Taylor, Jr,, City Attorney
From; Julia Moore, Planning and Community
Development Department
Re: Legal Opinion As To Whether Churches Should Be
Allowed To Operate Day Care Centers Without A
Specific Use Permit
r
In the past, the city has not required churches that operate
day care centers to obtain a specific use permit, Recently
this practice has been questioned and the Planning Department
would like to clarify the situation, in your opinion, are
churches exempt from the requirement of obtaining a specific
use permit for the operation of a day care center in the fol-
lowinc zoning districts - Agricultural SA), all Sincle family
(SF) districts, Multi-ramify Restricted (KT-R), and Multi-
Family 2 (Ar-2)? Also, can a privately run day care center
(no religious instruction) be operated on church property with-
out obtaining a specific use permit when required?
Thank you for your help in this matter.
JM:lc
~;UG ~ h 183
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CHAPTER d21 REGI)L,ATION OF CHILD-CARE ties
FACILITIES till(!
STRICHAP9ER A. (;I'NE'RAL PROVISIONS c
Fenllon c!'.;
si
421.001. If
412 r)efin;tions.
f Scctials 4 .ilOf, to 42.020 reservle(! for espansio~,l I I t.
SUPCHAP1IER 11, AlJ1Si\IS'['ItA'i'I1'I: PROVISIONS nla:
42,0 1, L it'ision Desifinaled.
42.022 State Advisory Committer,
4'2,(25, AnnmO Report.
42,024. AdnAnistrative Procedure.
Sections 924125 to 42.040 reeerved for expansion)
S[?NCHAI'TMI C. M-,GULATION 01~ volL.)•-CARD: FACILITIES
} ^ri:
4^.041, Required License. `f
42.042, Rules and Standards,
04J, PINE'S ±or hrnlu rlization.;
12.04'1.
IrV petalon s,
. ~
42,145, Records, t
i
•12.0 4f, License .Ahpliration.
4'2.04(1. Cori s u Rations.
12.1)40. Adv;sorv Or,nivm" 1.
42,041+. liceriSilip,
420AO, License Renewal,
4,^..06:, Pr<ieia:ur,ai I,it'wo,se, ~
Cf,rlificatintl and 4031, Agency Elwnw;,.
1'.
i .~eCtlbnS 42,1111 ri 11142.0711 1't'F('1'V'PC iG)' t'):ha n!l 1111 _I
i An.
,,111RCHAPTER D. Jir.%IFDIES
42,0171. LiC BIISf Su ar,Bll Flnll, }j
42. U'; 2, License Deniai or ReVocation.
42.ni3. Ciosinv a FacMi.v.
42.C74. iniullctive Relief.
42.076. Civil Penah}'.. j
t 42.076. Crilrlir:ai Perlaities.
.1
I c;-
RVBOIAPT'i;i? A. GENJ.;RAL I'RO1'WIONS
Section 42.001. ; lurpose
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tiro U~~ i'stalhlishil)~,r stnte,5•ide n)ininllull sixluirll•d~ fnt iLcir ~niet}' r
lu; }n'metioll auc, b~ regulating the flttlhtic~ through n liccusm~
y l`~rl
hit91;. p` ilgl'ltTll. } t 16 the )?nl1Cp Of rile State to enSlll'e 0)v )iS ote((1Qn Of all
J r a
l•1njer elre in child-care fac)lit)eS allt} to c11C'oll, sge anf~ tis- 1• 41
t~ 1
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i'riprovet7lC'nt Of
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f ~ C!t
't l l: )1t,'1!itilg in ihli (ha})ter cim,-, r, 1•(Irer11)nentId lluihority to
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yr
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Q.002 fWMAN hl:S(1Lillc1;S I)lilt:llZT.NlF;NT Title
Ch.
42.002, ilc1IF11tIf111C f
In this chapter;
(I) "t'hild" nle):ns t, ;larcc,n :i(10' 1,S Of iWe.
l?'i 1)1\ isian means the divisio1, de\l! n,ltF<! hr -Ow oepart-
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'Cniln (arc .ru'ilal lu',l, S :1 f)1(I ililV till;, l
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is 111:, re!lawl. }i1' I)1!.?ll(,. loiit)'lli?r.t, o) al(olo5on l(, lllC C'U)Iel'
Ul. a^1'ftt(1I' Clf 1.11(' iriU lllT1 'ol' :r or pkr. of th(E _r'i.lloul day,
wl1et11e1' (1l' nOl 11'c f) .djilV is Ul)C il(Ci iiR' li)'l1111 or ('111i1~1! or
i
the scrriees it offers,
(4) "Child-care insilution'' menus a cllild•care fu(iliTr
1,re\'ides care for more than 12 c':ildrl n for 2'3 flour; a dad', in-
c!uci*Ig ihci!itie. known as cnil;ir("n's }xlnll!~, 11>:lf,c,;~' 'ilaVlr:e:, ro- 6 o.,or
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4 G,021 nl?~lan` R, :S JIZCl;S' J)PP UtTMENr Title : cn(f,+; The l'C1a;7:;IF~iC+ne"' (if the t1Cj)nl't3Ylt'7li llliill j'.1)llO;l7t 715 (11YE'nor k1
(If e tvisit,1 j't:rcU71 who: me9 is Olf rualifieetlions rF.q(:ired of a chiH-c„re ltdnlil;i~n f'
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,yp~'.'1`')Z~rIJY '1,' ~ ~7~t~iyw'~iilil+►~'~v~i~:h..atRl•G:+t~•t.~aebr~t~Ai..r•H,~~RM~~'II~Y~1Mit+M~~1 amlil AIMIW lk•, 1Y ~'"r•ifr } c ^,e,
4M PNT '1.'• ti ~n , iii' ,c y R r y5 f N .1t~1'w4.h.La ' RU~I~f l r
y 1'
tes i ~ ~
HUMAN RESOURCES DEPARTMENT § 42,041
Title 2 Title 2
goner lion to support needy children, but if it ment from the feaeral government. Op.
chooses not to parCic$ate in programs ad- Attv.Gen 1863, So. NN'483.
ministered by DHR, It 4V lose reimburse
' I. 4rt°~> a
fmun;~•.
41.021, h'ustor Care Payments
nprufit (a) The department may par the cost of protective foster care for children;
-income F` ~01
ilerson (1) for whom the,department has initiated a suit and has imen nan'ted
Managing conservator by a court order issued under Title 2, Family Cook; t ,i• ;
and *A
or on
itly and (2? lyric. are ineligible for foster care payments under the dept.runent's aid
)crams. u, families with dependent children program.
rIe furrd fSee mom volume for (4%.el ql IO and (c)) receive ` \ gc;'
06. c ' E 1. etf.lurle 16, 1W
I` nleflC'e( P1' ~C15 1451 ~Y. LV r,
t t'.T.C.?, r" ulily C.Kik.'S L' et ntq.
lt!~1 Arnenoment. In Subd, I0011 SUbsti-
a'e( 1%,t e Fa,-,J )v Code" for "Articie
Sion for Fs ily rs,dt, et brnended"
r nR tA15
I:lred 1.1y CH AMR 42. REGULATION OF C111L1b•CARE FACILITIES
feller ;
i a #ti}
` Ile,
rr:. t ;,yv F:v1,iew ('wnrnentariea
.ti: t:Lo r'er C: gyp., nc i31,r. G?7:Se:'1,'n'
t: 114'1 1:
hef•Irtitior,F •
,Pr !C.p'
l '
~•l" v Ir r' rr•d!t$ ~ Cnl'.'Ci., •
+ dill .Q} Lini~S c t'a:1:CLt. I I ~ ;•n~il8. ,i:' 'ii kl~
Cu.115 ` it.:I l'G lr, ,1,yP h _ !q1:F •ic ti Fil.•t 17'. ..'1C 1, 1. .:r `I it .L'%' - c . I
:1 f 11'', it (..a 't,r. .li :.A t u'?lu, CI' iV. 1 e...
iN•i 1lnelldml nt. :1 Ur7!'d so PO 1,151. .
i
'ratr 1,r,t^ ; J21L 1. Requir-1 ! IeenFe
Resource
'iVgaaon to ;Ser lr~nilt rGiu'n}f for lent of
^'nooses not '1'hic `section ooes not applti' 1P:
i a et,te-aperated facility;
it f fwlroln b ;6 +'e
t
(21 si: alrenc`• honte:
('~l a facil•t~ lat is r ad in lclroretlon I+•1tr ,~'nrrl : ~erti +t: ,
ne5£, renk.'io U: organiL^n 1 V:' e`; ~:+Lisrlrnent V'rrR, l; r -n: l.."Pfi c t C',`(C . 'S
du:•inl; skirl- 11P r I,c w,a ,uYE~ae r,,r llt?rsn115 Ye ,n .L,L fn. ab'_ \ 1
not 't, '.i•,iS is 'veer :I'te i "?!115P.S, cl,t't6u;i:(ti f!U: IIUi iiG.;trl; et1, 1,t (:r. fC.'
;er, tr. f,rR. i ..'.1 L',i•il. 1^.f: h7. :a
,i5• for
.1,•. a: Ph rtC' ~ i'1' i. l' 1~::~1;t O: ....,.'i '
i•~ :,yl~~t., 11(1 ,ln~:
I
p
i '
I
i}01 -~~1 1r mot. s~~
`i4tA~iIIWM~J►.~:fL~W:.Mid.~/a~~M~~/kiM.MY~/:4~~FV~.uwVr+Y.i.A.3d1.•Yli~ltwR'l.~•-t, n'`JI.: t' .~.~~a►v
hY "V4 IMr~
t
Ali YJyi.^~
J
+`yt, ,
42.Q41 HUMAN RE,•OVRC:ES DE! AhT~tENT Title!'~\ }2LSUlR(
(6) a youth camp licensed by the Teas Department of Realth: 42.1,144. Licenst
(6) a hnsplwl licensed by the Texas Departnleht of Mental Health u,d Cn,c. RetarenceF
Mental Retardtltion or the Seas Department of Health; } "]pt fat i,libs. 6
(71 an educational faellitp accredited by the Central Educu'aon Agency or t},if WOOL. se'
V r. the Southern Association of Colleges and Schools that operates pritriarilY for r 42 pS2, Cenifll i
educational purposes in gra6es kindergarten and above;
t (8) an educational facility that operates soie'v for educational purpbaes h3
grades i:indergarten through at least t'rade two. that dot's not provitie
custodial care for more thar, one hour curln L)tE' ?,(furs efore or after the
cusiomar.' Ecbool day, and that is a member of an organ;;; atior L}.at pron]LI' a
gates, puhlishes. anc, requires cot^plianee with health, safety. fire. ..nr,
$a GilatiUn EtaridAY(IE (-qua! 1,C standards required 1,.k stale, ally rilCipa?. Gild .y lf,Pb(1QQ r1,' AM%
OWN Codes: ;up; ,.1men6men:.
a kinderparten or preschool educational program ttw is (,permed as
part of a public school or a privaie ;Choo) mt:re,6'i ed ix the CFri:rAY c 42.07, 1, Ucen~,
't Education ,Spence', that offers educational programs thr4ug}. ,crude six. 811d
Lhat drIES ne.t provide ^.ilEtf'dla' C:Cre during the hours before or after the
ce ac u JI!l!btlbf. .
cumomary school dap' r
,e i ~ l~ n ° 7,e
001 to registered famlly home: or r
St (11) 1,:1] educhtiol Yal roc litc that is integ a, to acid inseprarhliie from its ;hau OE ly QY rev7
Sporrsortng rrllgions (ra,antzati on C.' aY l,611citit, )ka facility bot}, of Rhi(:' nC I S1Jt71C,?,rQE -L-al o4
I14t pYOt'IUP Ct'cl4dtal Cnrf for more ins , tyt(- IIc tilaximurn per day.::ac ` l3etan5k StlitrenElCi:
that offers (nu',i LlViini programs for C'.iiCYer, :,.-t ll\f and aoov( :n Orll Or ( lahd E}IpN' t'lat E':
S nnor(' Ol :".n k,j o ~n.l'. }ahrlt-rprtt'n C•" k.*, +eiF1 1: Abe Ih yet. el-menla• iCThe •a1'lti
r.', or sewntiar} grades.
' ~ 'Gr1 r'nCf,1 Tr,(lr 7h t' 7,r• ;P'1 trf ICJ ( r t :'1~ 0'
it~l 1,'t .'c( fie r7, 1•' d. i 't 1,I (rr t it o t G•l e ~,t.. la I} ~ r
;r(,:a 1,4,e ,'rrw;s Of iii: c , at a: '7,l l~ 11+P I.
a ..a!:... C.
: \ lcd4 Or r. ;Ile' cl' tag r1,\ h1NC ~t ItIC , •t '.r ( r ( f `l 1 (7,E rl' clu to+'
r>C 'nl C.0,%, a1 k!%em1. nC I 1 Av'n"e Ir r ,.r IL n.1Ch
V
Cll;t('t• I 14•.' .4mel,d mP'
„r.\ Y. of
l lr`.ll 7,G, of 'S1f ~t'CL10t. ..L' l]eti""E i(' rel; e'. a'l. O.' :~'\.,')C'a.il ..i !silt"7,a G.' Fwd 1.
:'J hl: L7k F:,:a~. bB ,'t•G1.a'e1J l( con'.)a1' u;t}. 61~ f'ti,e' .\-,c~inc Cif t:lis .4(1 &:,C
Li. 1 ~ c r' a 1,1~.:liti tiiereUliner
'~t le' ,t !'X1,: IGhS provin Etl by `'msel Un 7 C~ I11E Et-l tlJr Wil afft'Ct l..I ('1,.1
',i l!4• It,lt it?r \ .f I Cie „ rC'L'Ittnal. Ur Fl.aif' Ilt'r< r n~t~u t'ht (,lf, s7, i6t Eta 1,(d fire
ir. rshai, or it-cal fire prevention offia3alE tC inl}('C', chfl(k4re faeifioes d.\
Amended b}' ACt_L :A8:, FSJI :,eg., p. 2,:02, en 754. qt J, efL Aug. 'iuSl. :...`it'. .;s:•'
INF1 Amendment. In sub•el. fb). Eubd scbsaiL`ttC or" fOr a period apd tioced ! It , il'aUnn.
Y+ 1141, deleted '%tid" at Ott anu its subd GO) tube. 1 1added Fuhsets id! and (el.
v
42.046. Records imtndpe ha
ISee moat, volurr7e for text of (d, awd Ol) 'WO Amendn
IOf ' .Lai it,
ICI If r, ch Mej,hicing agency :e.rminates operation as i, Ch,iti-pl;icing a(,'erlCy,
it shall, 6"ler ;wine nodee t0 ;he CCalt;:rient, t:ansfer Itb !Iles mid records
CiInC4°C!irl l.• YdOl~iea children, 1',eiY IiIb101,'}r':+? families. 2?id their aC^Z'tive fam113e5 '
t4 tni• 6e11%-1mE'n: or to o f :Cill;1' Fr.'eno1,f }l1' the C.t,ild."('r+ f4.'
aoop-.inn. ::e: s':n t•
~.Illeafltd b1' ACt 1ti~ clod, !.l'):. ('l,.:j{:], b 22. Cif. 121n. I.
I Pt;: Ammo meat. A(:deC EUh~er r,'I. i
,
'•1'! 1,'M("! .r
,7,.n.•.. t.. r.i•w r I'' MNrY,M r.~ r r:r~(tn •u r~.m M K
1 bW, M.'rL1. 7,C . 'rrtt >Y M1;1 4+'. _.V rY: •'A'S" (':+n ,1 p T:'7, pal 1'^Y',
I
1
DRAFT NO. I AM IL 90, 1964 ' I
NO.
AN ORDINANCE REPEALING THE EXI$TINQ ARTICLE 17 AND OTHER PRO-
VISIONS RF.IA'TINQ TO SIGNS An KUM(;TINQ A NEW ARTICLE 17 OF
APPENDIX S*ZONINQ OF THE COOL OF OADLNANCES OF THE CITY OF
OWON, TEXAS TO PROVIDE FOA TU REQVLAT NQ Of SIGNS ACID THE
PERMITTING THEREOF PROVIDING FOR A PENAL NOT TO EXCEED TWO
HUNCR'e:D DOLLARS (ShO,00) FOR VIOLATIONS THEREOF; PROVIDING FOR
A SEVERASILITY CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT
THEREOF; AND PROVIDING hR AN EFFECTIVE DATE,
WHEREAS, the City Council of the City of Denton finds that
the regulation of the size, location, height, use, maintenance,
construction and plaoement of signs and other outdoor advertising
devices and structures is necessary to prevent impediments and
dangers to drivers and pedestrians upon and along City streets,
sidewalks and easements; and
VHEREAS, the City Council of the City of Denton finds that
cnr use of signs and other outdoor advertising devices and
structures, if unregulated, can, because of chair number,
placement, and cnaracteristies, adversely affect proparcy values;
aesttiacically damage the overall environment; create an
unfavorable business climate which hampers attempts to .ttract
and retain desirable commercial and business enterprises; and
foster conditions that lessen the enjoyment and destrabil:ty o!
the City of Denton as a place in which cc visit, 1Lve and work;
and
41HEREAS, the City Council of the City of Denton finds that
portable or mobile signs present special traffic hazards wren
towed on public streets or displayed on or along public rignt-
of•ways; act as impediments to the ef£ecttvaness of tha police
and fire departments in per,£orming their duties; present dangers
to the healt'n, safety and general welfare of the citizens of the
City o: Denton because of their rsobility, their propensity to be
blown about 'If noc properly anohorad, and, iw 11.gntad, present
special nacards of electrical use nor found Ln otiier signs; and
WKEREAS, Texas Ravl,sad Civil Scat.:ta Article 111',5 X24)
specifically enumerates as ona of the pourers possessed by tna
PACE 1
we
City of Denton is the authority to regulate, license and control
or prohibit the erection of aigas and billboards;
NOW, THEREFORE, THE COUNCIL Or Tar CITY or DENTON HEREBY O"AINSI
SECTION I.
That Article 17 of Appendix B•Zoning of the Code of Ordi-
nances of the Ctty of Denton is hereby in all things repealed.
SECTION II,
That a new Article 17 of Appendix B-Zoning of the Code of
Ordinances of the City of Denton is hereby adopted to hereafter
read as followst
ARTICLE 17. SIGN REGULATIONS
A. General Provisions
1, Purpose L Intant
2. Definitions
3. Signs Not Regulated
4. Prohibited Signs
5. Administration S Enforcement
B. Permits
C. Portable Signs
D. Regulation of Signs by Zoning Districts
E. Regulation of Attached Signs
F. Abandoned Signs
G. Special Provisions
1. Kanner of Measurement
2. Setback Clearance Zone
3. Signs on Certain Highways
4, Clearance from Electrical Lines
5. Temporary 6 Political Signs
6. Sign Maintenance
7, Identification of Signs
H. Nonconforming Signs
I. Special Exceptions Allowed
J. Historical Landmark Signs
K Conflicting provisions
A. GENERAL PROVISIONS
1. Purpose and Intent, It is the purpose of this Article to
regulate the construction, erection, placement, aatntenance, use
and removal of private signs within the City of Denton, Taxes.
PAGE 2
It is the Latent of this Article to regulate signs gmnorally
by olAssifying each sign acoordiag to its design end construction
and by regulatiiag, based on such classification, the type,
number, site, height and setback of signs according to lonstion
in the various zoning districts.
It is also the intent and determination of the City Council
that these regulations be and are the minimum necessary and least "
burdensome to socomplish the purposes heretofore stated,
2, Definitions. The following words, as used in this Article
or Article 1, shad have the meanings respectively asoribed to
them, as follows:
(a) "Advertisin " shall mesa to seek the attraction of or
to direct the attention of the public to any locscion,
goods, services, or merchandise whatsoever,
(b) "Business Purposes" shall mean the erection or use of
any property, building; or structure, permanent or
temporary, or the pr ary purpose of conducting in
said bu=ilding or structure or on said property a
legitimate commercial encerpriss in compliance with
all' ordinances and regulations of the Cicy of Denton
governing such activity, Business purpose shall not
include any property, building, or structure erected
or used for the primary purpose of securing a permit
to ergot a sign,
(c) "Curb line" shall mean an imaginary line drawn along
the outermost part or back of the curb and gutter on
either side of a public street, or if no curb and
Sutter exist, along the outermost portion of the
pavement, or, if no pavement a=;:isc, along the edge of
the traveled portion of the roadway,
(d) "Effective area" means the area enclosed by the
minimum imaginary rectangle ar vertical and horizontal
lines which fully concains all extremities of a sign
(or signs), exclustve of its supporting structure,
his rectangle is to be calculated from an orthographic
projection of the sign viewed horizontally, A view-
point for this projection is to be taken which gives
the largest rectangle of that kind, as the viewpoint
is rotated horizontally around the sign, If elements
of the sign are movable or flexiole, as a flag br
string of lights, the measurement shall be taken when
the elements are fully extended and parallel to cha
plane of view,
(e) ";Jon-Residencial Zoning District" means any zoning
district designated as a P 0, h5, OR, C, LI oe HI
district as shoa1n on the o?f
of the pity of Denton icial zoning district map
,
"Owner" means a person who nas legal title, control or
possession o0 property,
(g) "premises" shall mean a lot, parcel or tract of real
property as shown on a plat approved in accordance
.rich law and filed with the County Clerk's Office or
PAGE 3
an uaplatted tract of land as conveyed by deed or
operation of law oMd recorded in the official records
of the County Clerks Office,
(h) "Residential Zoo 14, District" mesas asY zoning
district desienated a an A SF-7, SF-10, $F-la,
SF-16, 2-F, M!!``-1t, Mt-1 or MF-1 district as Shown on
the official zoning district map of the City of Denton,
(i) "Side Yard Setback Lines" mean the imaginary lines
drawn parallel to the side yard lot line or property
lines on a premiss which delineate the minimum
required side yard areas for that premise,
(j) "Sign" shall moan any device, fla , lignt fixture
picture, letter, word, massage, symbol, plaque, wiza
device, or poster visible from the premises on which
it is located or from any public street and designed
to inform or attract the attention of persons not on
that promise, excluding those searchlights and
landsoap• fixtures which display no words or symbols
and those works of art which display no words or
additional symbols,
For purposes of this Article, or Article 7, particular
types of signs are further defined herein as follows;
(1) "Abandoned Sign" shall mean an on-premise sign
advertising an activity, business, service or
merchandise which was at one time,- but is no
longer, located on the premise.
(2) "Attached Sign" shall mean any sign attached co,
applied on or supported bqq, any part of a building
(such as a wall, roof, wf, dow, canopy, awning, or
marquee) which encloses or covers usable space,
Walt signs, roof signs and projecting signs shall
be considered attached signs.
(3) "Dilapidated or Deteriorated Sign" shall mean a
sign;
(aa) Where elements of the surface or background
can be sewn as viewed from the normal viewing
distance (intended viewing distance), to have
portions of the finished material or paint
flaked, broken off, or missing, or otherwise
not in harmony with the rest of the surface;
or
(bb) Where the structural support or frame members
are visibly bent, broken, dented, or torn; or
(cc) Where the panel is visibly cracked or in the
case of wood and similar products, splintered
in such a way as to constitute an unsightly
or harmful condition; or
(dd) Whore the sign or elements of it are twisted
or leaning or at angles other than those at
whUh It was originally erected,; (such as may
result from being blown or the failure of a
structural support); or
(so) Where the message or wording can no longer be
clearly read by a person with normal eyesight
under normal viewing conditions.
PACE 4
(4) "Orouad Saga" shall mean a sign whoss principal
support is pprovided by burying, aaaho i~s or other-
vise coaaeotiag the sign, or suppor ial structure
thereof, to the ground is such a manner as not to be
easily or quickly removed or relocated, and which is
not a stake sign, portable sign or attached sign.
(5) "Off-Premis♦ Sign" shall aeaa any sign advaeti,etu a
business, activity, goods, products or services'1%ot
usually located on the premises where the ALSO is
located or which directs persons to any premise other
than where such sign is located,
(d) "On-Premise Sign" shall mean any si n advertising the
business, person, aativity, goods, products or
services primarily located, sold or offered for sale
on the promisees where the sign is located. A sign
which promotes or displays a political, religious or
ideological thought, belief, opinion or other purely
noneorsercial message shall be considered as
oo-prunise sign.
(7) "One Sign" or "A Sign" shall mean any number of si no
located on or supported by a single supporting
structure.
(8) "Portable Sign" shall mean a sign whose principal
supporting structure is intended, by design or
oonstruetion, to be used by resting upon the ground
for support and which may be easily and qutakly moved
or relocated for reuse, Portable signs shall include,
but not be limited to, signs mounted upon or designed
to be mounted upon a trailer, bench, wheeled carrier
or other non-motorized mobile structure with or with-
out wheels; and A-frame signs and other similar
signs, or supporting structures thereof, resting or
leaning on the ground or other structures but not
permanently attached thereto,
(4) "Projecting Sign" shall mean arty sign which is wholly
affixed to, or supported by any building wall, and
which extends beyond th'a building wall more than
twelve (12") inches.
(10) "Roof Sign" shall mean any sign wholly arectdd on,
affixed to, constructed on, maintained upon, supportad
by, or located upon any roof of any building,
(11) "Stake Sign" shall mean a sign whose principal sup-
porting structure is so designed or shaped, usually
by making one end pointed, so as to be erected and
used by pushing, pounding, hacmmer:ng or forcing into
the ground and allowing quick and easy removal and
relocation from one place to another,
(12) "Wall Sign" shall mean any sign wholly affixed to,
supported by, or ppainted upon the wall of any
building, and which is not a projecting sign.
(k) "Supporting Structure" means any pole, post, cablA, or
other structural fixtures, or parts, so arranged or used
so as to hold, secure or support a sign, or pert thereof,
and which is not imprinted or labeled with any picture,
symbol, leti:srs, numbers, or words In excess of one inch
in height nor is Internally or decoratively illuminated,
(1) "Vied Device" moans any flag, banner, pennant, streamer or
similar device that moves freely in the air,
PACE 5
w
3. Signe tiot Re ulat~d, The following types of $igns shall
be' exempt from the provisions of this Articlei
(a) Govt 6161 .LAW". Any sign treated or "Latained
function or which its required byf law, ordinance or
gov*romeatal regulation.
(b) ailw _Siaoa. Any sign witnin or on railway property
aLocalaed in reference to the operation
aud of suchoed or railway.
o
(c) Uri t SlAul. Signs marking utility or underground
camaun ca cos or transmission tines.
(d) Vehicle ~S~n. Signs displayed or used upon vehicles,
ra r or aircraft unless such vehicle, trailer or
aircraft on which such sign is displayed is pernanently
stationed or regularly used at a fixed loOAtiOn to
serve the same or similar purpose of a permanent or
portable sign not affixed to a vehicle, trailer or
aircraft,
(e) SL s Not Vi ibl• F m Str et. Any sign where no part
o suc s gn s v s a rom any public street.
(f) Holiday, Religious Signs, Temporary holiday or
commercial advertising.
re g ous s gas `w us
(g) Si s op Peron,, Hand held signs, signs, symbols or
sp ays on persons or animals.
(h) Unused SL ns. Signs being manufsocured, transported
or store and not being used, in any maaaer or form,
for purposes of advertising,
(i) Plaques. Commemorative plaques of recognized
scot cal sociaties and organizations.
(j) Private Traffic Control, On-premise signs which
tact t e movemenc o traffic on private property
(such as entrance and exit signs) or warn of
obstacles, overhead clearances, or control parking;
provided that such signs, are less than 10 feet in
effective area, are less tun 6 feet in height, and
are not placed so as to interfere with the safe
movement of vehicles or pedestrians.
(k) Mail Boxes,_ Newspaoer Racks. Signs located on mail
oxes, newspaper van ng machines, and curbside
resideacial newspaper holders which identlfy the owner
and address of the premises or the name of the
newspaper sold ov subscribed to; provided, that such
devices are not plsced so as cc interfere with the
safe movement of pedestrians or vehicular traffic.
(1) Socatao on,d ictaCne i etc or ipa nCecS upon+nmachinas,
devices and equipment located or used outdoors wnicn do
not generally advertise the business wnere such
machines, devices and equipment are used or located but
do, in regard to such macnines, devices or equipment,
identity ice trademark, tradename or manufacturer; give
the name or coat of the product or service rovLded
therefrom; or give the operating instructions therefor,
PAGE 6
Such machines, devices and A ui ,tank shall include, but
not be limited to acin•opera~a~ vendin maChinas, fuel
dispensia`` puap$, telephone booths or facilities, auto-
aatlo telldr each aei, aatomotive VACUUM cleaaerl, and
other similar soli-earvice outdoor machines, devices or
equipaant,
4, Prohibited Sine, It shall be unlawful for any person to
erect, construct, maintain, reconstruct, place, convert, locate
or make use of or cause to be erected, constructed, maintained,
r
reconstructed, placed, located or used, any of the following
signs for advertising purpaseei
(a) Sfans 20 Private ?rQj r y Without Coaaeat of Owner.
ZUSns located on privets property u t ou t o consent
of the owner of said promises.
(b) Parkinst nd teaA v ri~tes~t Areas. Signs which are
T~rCi~'3T-tiT l~lsT Githe use of a required
off-street parking space or maneuvering area,
(c) Unsafe Sin , Signs which lira, or "Comm•
deteriorated , dilapidated or in danger of falling or
otherwise unsafe,
(d) Si ns on Public ~~rro o~~_tyy Signs which are locacsd on
or w t a a pint, sidewalk, alley, riy,ht-of-
way, curb, or any public bridge or part of same, or on
any public building or structure of an kind belonging
to the City, when such use or location unreasonably
interferes with, or creates danger in the use of the
public property, In any case, ground or portable,
signs shall not be located within the public right-
of-way and no sign shall be located with- in a straet
median or intersection visibility triangle.
(e) Code Com liance. Signs which do not comply with an
app ca a provision of a building code, electrical
code, or other applicable code or ordinance of the
City,
(f) Trees and Shrubs, Signs located on trees and shrubs,
(g) Motion Picture signs Signs which employ a
picture machine.
(h) SlRne_ Obscuring or Interferlnc Vich View, Signs
ocata or I-uh natA a suc a canner as to obsoura
or otherwise. interfere with cne effectiveness of an
official traffic sign, signal or device or so as to
obstruct or interfere with cna view of a driver of
approaching, emerging' or intersecting traffic, or so
as to prevent any traveler on any straet from
obtaining a clear view of approaci%ing vehicles for a
distance of 250 feet along the street.
(i) Proper Snieidin of Li hced Signs, Signs containing
or making use o lignts which are not effectively
anielded as to prevent berms or rays of lights £rom
beingg directed at any portion of the traveled way of a
ppublic street or which are of such intensity or
brilliance, regardless of Asa, directions or
shielding, so as to likely lapair or interfere with
the vision of any driver of any motor vehicle upon a
public street.
PACE 7
u:
ul$. Any temp with
q or a ola~ ; Cs except temporary
Christmas l ;hts or sips which hove a moving message
or which have autoaatioally ohaagiog ma rages,
S. Administration and Enforcement. The building Official
shall er,fords and administer the provisions of this Article. The
building Official or City Manager may delegate the duties and
powers granted to and imposed upon the building Official by this
Article.
b. PERMITS.
1, Permit Required for Si . It shall be unlawful for any
person to place, locate, erect, construct, reconstruct, alte't,
tiai.nraln, or make Lite of any sign, not exempt from regulatior(,
without having first secured a written permit for such sign from
the building Official, except as otherwise provided in thin
Article,
2, Exceptions to permit Recuirtj nt. The following types of
regulated signs shall be exempt from the permit requirements of
this Article, but must comply with all other applicable regulation
of this Article:
(a) Legally nonconforming signs as defined in this Article,
(b) wall signs, legal notices and building address numbers,
(c) State or National Flags,
(d) Signs painted on glass surfaces of vtndows or doors,
(e) Portable Signs.
(f) Stake Signs,
3. Application Procedure. The application for a sign permit
shall be submitted on such forms as cna Building Official may
prescribe and shall to accompanied by such Information, drawings
and descriptive data as required by the Building Official to in-
sure proper regulation of such sign and to insure compliance with
this Article,
4, Permit Fee, If the plans and specificaclons for such sign
set forth in any application for a permit conform to all of the
requirements of this Article and any other ordinance or law
applicable thereto, the Building Official shall, upon payment of
the following foes issue the, appropriate permit:
PACE 8
Effeative Area of U &n (3a. rt,) FE"
0 to $0 $13,00
over $0 co 100 20.00
over too to 00 28.00
over 200 to 900 3 .00
over 300 50100
S. Duration of Permit. Unless otherwise revoked, all permits
issued for signs shall be valid for an indefinite period of time,
except as otherwise provided for is this Article.
6. Revocation of Permitl Appeals.
(a) v t ~ Notice' Order. The Building Official is
era greats the power to revoke any and all si`a
Arnimcliy violation of any the Building Official shall
conduct a hearing, if requested by the permit holder,
prior to the revocation of the permit. The person
whose peromLt is under consideration shall be Biven at
least con (10) days written notice of the date and
time of the hearing and shall be permitted to present
relevant facts regarding the pending fftrevocation.
Following such hearing the building
Official
issue a written decision, and, if such ;armit is to be
revoked, provide the permit holder with a copy of such
decision and order revoking such permit.
('o) ~Qea1s from Revocation. Any permitholder wishing to
appea t e eo s oon ant, order of the Building Official
revoking a sign permit may appeal the same to the
Board of Adjustment in accordance with the laws,
ordinances, regulations and procedures governing other
matters appealed to said Board.
C. PORTABLE SIGNS.
1. Ratulations Applicable to all Portab a Slgns. In addition
to all other applicable provisions the following regulations
shall apply to all portable .signs in all zonirg districts;
(a) Flachin Li hts Prohibited. No portable sign shall
a ue so as to MA KS use of any flashing or
intermittanc lights on or in conjunction with such
sign.
(b) Si ns Anchored. All portable signs used for
a vart s ng purposes, when not in transit, shall be
securely anchored, so as to prevent overturning or
unsafe movement, the sufficient of such anchorage to
be determined by the Building Official.
(c) Maximum Size. No portable sign shall be used for
a vort a ng which is in excess of 72 square feet of
effective Araa.
2. Number of On-Premise Portable Signs Limited. No person
shall place, treat, maintain or make use of, at any one time, on
any )no premise more than two (2) on•premis9 portabla signs for
purposes of advertising of an effective area of 25 square feet
PACE 9
I
I
or less or more than one (1) on-premlae portable sign for
purposes of advertising of an effective area of more than 25
square fret,
3. Reaulattoa of Off-Premitss Portable Sians. The following
regulations shall apply to all off-premise portable signs used
for advertising;
(a) Nu r L11 rd, No person shall tract, maintain or
ma a use o more thou one off-prsmtso portable sign
at any one ti14 to advertise, identify or otherwise
give information relatin` to the business, activity,
event, product or service, whether one or more,
located on or at any one business, store or
commercial establishment.
(b) 5 apCLAS. No person mall place, erect, make use of
or maintain an off-promise portabla~ sign within 456
feet of another off promise portable sign. In
computing the spacing requirement, the measurement
she 1 be made Parallr to the nearest curb line and
on the same side of the street,
(o) Identification. The owner of an off-premise portaole
sign shall cause each sign to be conspicuously
labeled or marked with the owner's name, address and
telephone number.
(d) Re ister To Be Kent, Every owner placing, using or
mainta n ng an Ott-premise portable sign shall keep
a current register or book showing the date or dates
wnen, and location of the premises where, such sign
is placed or used, No person shall record or
register a sign as being used on a date or dates or
at a promise when such sign was not so used. Every
person required to keep a current register or book
shall make such register or book available to the
Building inspector for inspection, upon demand, at
any reasonable time,
4. Abatement of Off-Premise Portable Signs in Five Years,
Beginning five years from the effective date of this ordinance,
no person shall erect, use, bake use of, or maintain any off-
premise portable sign for advertising or business purposes.
D, REGULATION Of SIGNS 3Y ZONING DISTRICTS,
The following regulations apply to specified signs in the
specified zoning districts,
1, Residential Districts, The following regulations snail
apply to signs in all residential coning districts,
(a) Ty?e. Roof, projecting, portabla or or£-premise
MM are pro'hlbitad,
(b) hetahC, too sign snail 'nave a greater haignc teen 25
set.
PAGE LO
f
(o) Side No sign skull have an effective area greeter
bpi ~~~~5k0 square Feet,
(d) Sarfewds orllsetback fro* thheellcumb line which Is
equal to or greater than one-half of the requtsed
front yard for the premise where the sign is located,
(e) Only one ground sign shall be located an
J
one p esiss; except ace provided for as follower
(1) Any preaisao fronting more than one public street,
which is not an alley, shall be allowed to make
use of one ground sign on each separate street
frontage.
(2) Any premise which has more than 450 feet of public
street frontage on may one public street (exclud-
ing, alleya) may make ass o! one additional ground
sign for
each 450 fees of fronts e, or fraction
thereof; the round signs to be p~aoed no closer
than one-half` of the total distance of total
street frontage on which they are used.
2, Non-ResidentJsl Districts, The following regulations
shall apply to silos in non-residential zoning districts:
(a) Type, All types of signs are permitted.
(b) Heisl;c, No sign, which is not a roof sign, shall
4Ri a height greater than 40 feet.
(c) Slz►, No sign shall have an effective area greater
than 400 square feet,
(d) Seban_k. All ground, portable, and projecting signs
8 OTT maintain a minimum distance or setback from the
curb line, as determined by hatght and effitative
area, in accordance with th* following:
46 ftlimum Setback Ft
S0 30 30
30 Height (ft,) 20 20 20 30
10 20 30
0 50 150 400
Effactive Area (Sq.Ft,)
(In determining the required setback the measurement
of the height or affective area o~ the sign which
would require the greatest setback shall be usad;
provided, however, that If the determining height or
effective area measurement is a dimension that
separates two different setback requirements the
least restrictive setback shall be used.)
(e) Number. Only one ground sign, or supporting struc-
ture hereof, shall be located on any one premise,
except as follows:
(1) Any premises fronting more than one public strew ,
which La not an al.ay, znall be allowed to make
use of one ground sign for each separate street
frontage.
PAGE 11
(2) Any pre isr which has more than 450 feet of public
strs`ti Frontage oa any one street (excluding alleys)
may make use of one additional 450 feet of frontage,
or fraction thereof. The signs to be placed no
closer than one-half of She total distance of the
total street frontage on which they are used.
(9) whore any promise contains more than one lawfully
Perwitted business or use in divided buildings, each
business or use thereon shall be allowed one or morn
on-prsaise aigns on the permitted supporting
structures thereon.
A. Planned Development_ District. All signs toasted in a
Planned Development District shall comply with all provisions of
this Article including any provision than would have been
applicable to the property on which the sign is located had the
property been otherwise toned into districts in accordance with
the uses showu on the approved site plan for such Planned
Development; provided, however, that the Planning and Zoning
Commission may recommend, and the City Council may vary in the
planned development ordinance for said premises, any of the sign
requirements of this Article as such requirements would apply r,o
signs in Planned Development Districts.
4, Central 8usinsss Districts. The following regulations
shall apply to signs in Central Bur,+,nese Zoning Districts.
(a) Right-of-way Limitation on ProiectioR S_Lgns. No pro-
jecting sign shell pre project or extanT - n~the public
right -of -way for a distance of more than 10 feet or
within 2 feat of the nearest curb line, whichever is
more restrictive. No projecting sign, supporting
structure, or part thereof which extends into the
Public right-of-way snail occupy any of the space
between the ground level and 8 feet above said ground
level in said right-of-way.
(b) Size. No sign shall have an effective area greater
than 400 square feet.
(c) Heisht Limitations. No ground sign or supportingg
seructun t ereof shall have a height greater then 40
feet.
E. REGULATION OF ATTACHED SIGNS.
In addition to any other applicable regulations, the follow-
ing regulations shell apply to the type of sign specified in all
zoning districts.
1. Roof Signs.
(a) Protection. Roof signi, or the supporting structure
thereof, shall not extend laterally beyond the exterior walls,
PAGE 12
or upward beyond the highest point of the roof of the building on
which it is located, to a height, as measured from ground level
to the highest part of the roof, which is greater than. specified
below as followst
1 one (l) story bldg 35X o bldg height
2 two 2 story bldg 361X o bldg height
3 three (3) to five (5) sto bldg 30% of bldg height
) six (6) to glee (9) stn bldg 25X of bld hei ht
5) tea (10) to eifte•a (13) story bldg 23X of bldg hei ht
6 sixteen (16) story bldg or higher Kax. height of I0 feet
(b) sons u to iQ04the building uponiwhichsthey are installed.
2. Pro ctima Sites,
(a) c9nalruati All projecting signs shall be securely
attached- to the building or structure.
(b) Pro e4tion bevond hoof, A projeatia sign shall not
a ere • a 1 of v.ny building so as to
project above the roof or parapet wall or above the
root level where there is no parapet wall; except that
a sign erected at a right angle to the building, the
horizontal width of which sign, perpendicular to such
wall, does not exceed eighteen inches may be erected
to a height not exceeding 2 feet above the roof or
parapet wall or above the roof level whore there is no
parapet wall, A sign attached to a corner of a
building and parallel to the vertical line of such
corner, shall go doomed to be erected at a right angle
to the building wall,
(c) Size. The total square footage of all projecting
signs shall nit exceed twenty (20X) percent of the
wall area on which such signs are located.
3. Wall Sisns.
(a) Construction. Wall signs attached to exterior walls
WSW"
so masonry, concrete or stone, shall be safely
and securely attached. Wood blocks shall not be used
for anchors except in the case of walk signs
attached to buildings with walls of wood. A wall sign
shall not be supported b~ anchorages secured to an
unbraced parapet wall.
(b) Size. The total square footage of all wall signs
s a l not exceed twenty (201.) percent of the wall area
on which such signs are located.
4. signs on Common Buildings. Vnen one or more attached
signs are located or to be located on a building which is divided
and contains more than one business or use, the regulation of
such Attached signs specified herein, as to size and projection,
shall apply soparately to the part of tha exterior walls which
contain that business or use.
PACE 13
A
F. AJlAMNEG S ION$
1. Removal of Abandoned Siensg. All abandoned signs and their
supporting structures, if not a building, shall be removed within
.
thirty (30) days from the data of abandonment by the owner of the
premises on which such sign is located. Any sign or supporting
structure which is an abandoned sign on the effective date of
thin ordinance shall be removed within thirty (30) days of the
effective data of this ordinance.
2. Entension of Time To Use. The owner or lessee o~ the
promises on which an abandoned sign is located, who desires to
use such sign, or supporting structure, may within sixty (60)
days of the abandonment or affective data of this ordinance, make
Application to the Building Official :'or an extension of time to
make use of such sign. If the sign or supporting structure
conforms to all requirements of the law and the applicant submits
reasonable evidence that he is endeavoring to make use of such
sign in a lawful manner the Building Official may grant an
extension of time up to a maximum of twelvo (12) months for the
owner or lessee to make use of the sign. The Building Official
may, as a condition of granting such extension require that the
owner or lessee paint out, obscure, cover, or remove some or all
of the elements or message or face portion of the sign in such
manner as to leave the sign and supporting structure neat and
unobtrusive in appearance or in narmony with the adjacent
buildings to which it is located or attached.
3. Procedure for Removal of Abandoned Signs. Any abandoned
sign for which an extension of time to use has not been granted,
or any unlawful sign or supporting structure thereof, is hereby
declared a public nuisance and may be removed in accordance with
the procedures set forth herein.
(a) Notice and Order. The Building Official shall deliver
or send a written notice to the person responsible for
placement, erection, or maintenance of an abandoned,
or unlawful sign, if known, or if not known, to the
owner or person in control of the sign or premises
where such sign is located, ordering the reeoval of
such sign and its supporting structure within tan
(10) days of delivery or mailing of the notice and
PACE 14
r
order. For purp*see of this provision the nave of the
person listed by the City Tax Assessor Collector or
other local taxiag jurisdiction for tax purposes as the
owner of the premises whore such abandoned or unlawful
sign is located shall be presumed cc be the owner of
suoh prnp#vty or the agent for each owner and notice
mailed or delivered to said person at the address
listed shall be presumed to be sufficient.
(b) Romgvo~k . If the parson ordered to remove said
sa s to do so within the time specified, the
Bu ldiu Official may, after twenty (20) days of the
date o delivery or mailing of the notice and order,
removal or cause said sign to be removed' provided,
hhgwaver, chat any person aggrieved by said order may
£f.le an appeal with the board of Adjustment in
accordance with the provisions applicable for other
appeals from decisions of the Building Official, In
case such appeal is timely filed, the procedures
applicab,16 to other appeals shall be followed and the
order of %he building Official may be stayed in
accordance thereof pending the final determination of
the Board of Adjustment.
(c) o f i d o Any sign
w e a VGG Cy c• DULICL ng c a pursuant to
these provisions shall be Impounded and transported to
and stored by the Building Official at a location
designated for such purpose. Records of where such
$iggns were located and when removed shall be kept, The
Building Official shall send a lector to the owner of
such sign, If known, or if not known, to the owner or
parson in control of the promises where such sign is
located giving notice of such Impoundment..
'Cho Building Official shall hold the sign in storage
for at least thirty (30) days after notice of impound-
ment has been mailed. Any portable sign may be redeemed
bq the owner thereof upon the payment of a fee to the
City of Denton through the Building Official, of a total
of $25.00 for hauling the same to storage plus $1.00
per day storage fee. Any nonportable sign may be
redeemed by the owner thereof upon payment of the cost
of removal of and hauling the same to storage, as
determined by the Building Official, plus $1.00 per day
storage fee.
Any sign not reclaimed by the owner thereof within
thirty (30) days of the mailing of one noeica of
impoundment may be disposed of in accordance with
applicable law.
(d) Recovery of Costs, If, upon disposal of an unredeemed
nonpor ao a s gn, the Building Official has not
received an,-amount sufficient co cover the cost of
removal and hauling of such removed sign, the Building
Official shall send notice to the owner of the premises
where such sign was located requesting payment of the
removal and hauling costs less any amount, received in
disposal of such sign. Any such costs remaining unpaid
after thirty (30•) days from the data of mailing of
notice shall become delinquent and shall bear interest
at ten (10%) percent per annum. The Building Official
may cause such unpaid and delinquent amount to be
assessed against the premises where such removed sign
was located by filing and perfecting a liar against
said promisee. The cost levied against said premises
shall include a $50.00 administration fee.
PACE 15
i, •
(e) A vi Any eoa may Con•
cost ~orrsthe removal
of a sign is+posed herd?sader b filing an appeal with
the Board of Adjustment wit a twenty (20} days of
the *ailing of the notice o such costa, The Board
o'f Adjustsent may either uphold the a,ost iVposed by
the Building Official or impose and cau~a to be
levied whatever cost it considers to be reasonable.
Store a costa isooaad hereunder shall not be
sppeatable,
Q. SPECLAL PROVISIONS.
1. Manner of Measurement,
(a) 84Sbag , To apply the setback provisi.an of this
Ar c e for si as at any one oiat, the following
measuring proce ure shall be usdi
(1) Draw an Las044ary vertical line extending upward
from the ourb~line of the premises;
(2) Beginning at any point on the vertical line draw
as imaginary horizontal line perpendicular to the
vertical line and curb line and extending toward
the preirises;
(3) Beginning at the point where the vertical line
int rsects the horizontal line, measure along the
horizontal line for the required setback, (Sae
appendix illustration 14a)
(b) _H_oig_h_t. To apply the applicable height limitations
of-Ma Article at. any one point for signs, or
supporting structures thereof, which are not roof
signs, the following measuring procedure shall be
used;
(1) Draw as imaginary vertical line extending upward
from the nearest curb line of the public street
fronting the premises;
(2) Beginning at the surface level of the curb line
measure along the vertical line to a point which
is the maximum allowed 'height for a particular
sign or supporting sr,ructurs;
(3) From th&t point draw an imaginary horizontal line
perpendicular to the vertical line towards the
premises;
(4) This extended horizontal line gives the maximum
height allowed at that location for a particular
si n or supporting structure, (Sae Appendix
Illustration 14b),
(o) Effective Area. to detarmtntng the affective area of
a s gn wnere more than one signis located or affixed
t~ a single supporting structure, all signs located
thereon or affixed thereto shall be included and
maasueod together as though they were one sign.
2. Setback Clearance Zone. to all zoning districts, except
Central Business Districts, all ground signs shall be so located
so that no part of the effective area of such sign shall occupy
PACE 16
the space, (as determined in the same manner for seaauriag
height and setback for signs), between 2 and 10 feet is height
within 15 feet of the curb line of any public street; (See
Apperdix Illustration 144).
The supporting structure of such sign may occupy such space
to an extent no greater than 2 square feet in area, such area to
be determined in the same manner as for effeotive area of signs.
3. StAns on Certain Hishwavs. The provisions of this
Article shall apply to all signs along the interstate or Pricary
System of Highwayls within the City to the extent that such
provisions supplement or compliment, but ova not in conflict
with, any law, rule or' regulation enacted by or made pursuant to
the Federal Highway basmtific4tion Act, (23 U.S.C.A., See. 131,
et- seq) including all amendments thereto, or the Taxes Htghway
Beautification Act, (Article 6674 V-1, V,A,C.S.) including all
amendments thereto. All sign permits issued by the Building
Officii+l pursuant to this Article shall contain a notice
advising the parmittee that signs located along the interstate
or primary system of highways may be regulated by federal or
state law or regulation and a permit may be required from
another governmental agency.
4. Clearance from Electrical Lines. Signs shall be located
a minimum distance of 6 feet measured horizontally and 12 fast
measured vertically from overhead electrical conductors which
are energized in excess of 750 volts. the term "overhead
ebnduetors41 as used horain means any electrical conductor,
either base or insulated, installed above the ground.
5. Temporary and Political Signs.
(a) Temporary real estate sales and development, temporary
political, occasional sales and other spacial use
signs which are used for, or relate to, a particular
purpose or avant shall be removed by the owner of the
premise on which they are locatad after ten (10) days
of the date of the accomplishment of the purpose for
wnlch they are used or the occurrence of the event to
which they refer or relate.
(b) In the case of temporary political signs, the
candidate to which a sign refert, if not placed on a
promise by she owner of the promise thereof, snall be
PAGE 17
x
responsible for the removal for such signs within the
time specified above,
(c) Stale or portable alla,l which relate to a candidate or
issue to be voted upon by a political party or at a
publio eleosion and are 25 square feet or less in
elfective area may be ereotsd without limit as to
number{ rovided, that such siino oosfl with all
other applicable requirements of this Article.
6. SAM MALDteaaaoe. All silos and supporting structures
shall be kept in good repair, condition and appearance, All
faces, bolts, supporting frames and fastenings shall be free from
deterioration, insect or rodent infestation, rot or loossainl.
Panted silos which are faded or obscured because of weather or
tine shall be repainted or redone or painted over so as to be
neat in appearance.
7. Identifiostioa of Slans. Every off-premise sign shall be
plainly marked at all times, in a location to as to be conspicuous
and easily identifiable, with the current name, address and tele-
phone number of the owner or lessee of the sign.
H. NONCONFORMING SIGNS,
1. Applicability, The provisions of this Article, defining
and regulating nonconforming signs, shall control over any other
conflicting provision of the zoning ordinance.
2. Defined, A sign, including its supporting structure, shall
be considered nonconforming when it does not conform to all or
part of the provisions of this Art".cls applicable thereto, is not
a portable sign or stake sign, and,
(a) was in existence and Lawfully located and used on the
effective date of this Article, or;
(b) was in existence and lawfully located and used in
accordance with the provisions of the prior ordinance
applicable thereto, or which was considered legally
nonconforming thereunder, and has since been in
continuous or regular use; or
(c) was in existence, located, and used on the property at
the time the property was annexed to the City of Denton
and has since been in regular and continuous use,
3, Destruction; Repair,
(a) Any nonconformingg sign, including its supporting
structure, which is destroyed, damaged, dilapidated or
dateriorated shall not be replaced, repaired, or
PAGE L8
renovated, in whole or is pert, if such replacement,
repair or renovation would require as expenditure of
monies in excess of fiftr percent (M of the repro-
duction cost of a new sign, iaoludins its supporting
structure, which is substantially the same or similar
to the nonconforming sign dsstroyed, damaged,
dilapidated or dsteriotaked4
(b) The building official may, whenever he deems aeo ssary
to reasonably determine the applicability oI the
foregoing provision, require the owner of *aid non-
conforming sign to submit two or more independent
estimates from established sign companies of the cost
of rsplaoing, repairing o renovating, in whole or in
part, the existing aoaaoarorq~ia sign and two or more
iad•ppendkat estimates trot established sign companies
of the reproduction cost of a new sisal including its
supportiag structure, which is substantially the sasa
or $I i to the goncoaformiag sign destroyed
daaulse~ dar ilapidated or deteriorated,
(c) No sign or supporting structure which is lawfully
reproduced, - repaired, or renovated as a nonconforming
sign shall be increased is effective area or height.
4, Termination; Time Period. All legally nonconforming signs,
including supporting structures, shall be removed or modified so
as to comply with the provisions of this article on or before
January 1, 1994 or within ten (10) years of the date the sign
became nonconforming, whichever is later,
5. AppoaLs from Termination geriod, The owner of any noncon-
forming sign may appeal the termination time specified for such
sign to the Board of Adjustment. Appeal procedures, unless
otherwise specified harein, shall be those as used in other
matters appealed to the Board of Adjustment.
(a) Time for Filin A salt. The owner of any nonconform-
ng s gn w o w ahas to appeal the termination data
applicable to such owner's sign shall file his appeal
with the Board of Adjustment within one (1) year of
the effective date of the ordinance or within one (1)
year the premises on which is located a nonconforming
sign is annexed to the City, Failure to .ile such
appeal within the time specified constitutes a waiver
o£ the right to appeal or contest the termination date
applicable to such nonconforming sign,
(b) Hearing A eats. The Board of Adjustment may, in its
3 s-crration, near all properly filed appeals after the
one (1) year period for filing has passed and set all
appeals to be heard at one or more times as is
convenient for such guard.
(c) Dot emination. The Board of Adjustment, in case of
appeal -o t he applicable termination date, shall
determine whether the termination date applicabla to
appellant's sign has allowed sufficient time for the
appellant to recover his capital Investment in the
nonconforming sign, In making such determination the
PACE 19
f board may consider the amouat of the initial capital
investment, life expectancy of the Lovestment, the
removal cost to eosplly with these' regulations and any
otter factor the Doar believes to be pertinent to the
determinati044 The asbrti=ation period appealed from
shall be aaloulaced or measured from the beginning of
the amortisation period; i,e, the data the sign
becomes nonconforming,
(d) Period fixteas on of If the board
e e as ems na on ate as applied to
appellant s nonconforming sign does not afford
sufficient tine to allow appellant to recoup his
investment in such sign, the board may grant by its
order, an extension of time to a date specified so
that such sign may be maintained as a nonconforming
sign until such specified date,
6. Relocation of Nonconforming Sisns, Notwithstanding any
other provision of this Article, any sign which is a legally
existing nonconforming sign hereunder may be relocated on the
same lot or tract of land if the sign is required to be resoved
from its present location because of the acquisition of the
property upon which the sign is located by any governmental agency
or other entity which did or could have acquired the property
through the skerelse of its power of aminent domain, Such relo-
cated sign shall be placed, insofar as possible, as to comply
with all the provisions of this Article. The termination period
specified heroin shall not be extended because of such relocation,
7. Signs Located on Nonconforming Premises, where, on the
effective date of this ordinance, a sign is located on a promise
which is a legally nonconforming use of the premise and such sign
is used in regard therato, the sign may be used and maintained
thereon, even though it would not be a permitted use, so long as
such promise is continually used as a lawful nonconforming use;
provided, howevor, if such sign is nonconforming as to height,
area, or setback, such sign shall, after the termination period
allowed herein, be brought in conformity with such requirements
applicable to the zoning district in which such sign is located,
T, SPECIAL EXCEPTIONS ALLUwED,
1. The Board of Adjustment may grant a special exception from
the provisions of this Article for the setback or height of a
nonportable sign under the following circumstances:
PACE 20
(a) V£s£bility _0_bat4~. Mhen fifty percent (SOX) or
re rea of such sign so located or
to be heated in accordance with 'the setback or height
requiro"Uts of this Article cannot or would not be
vi,iible troll at l"at one "visibility point' because
of the location of a building or structure constructed
or emoted prior to the effective data of this
ord;.nanae.
For the purposes of this provision, "visibili.ty point"
shall ,%u n the viewing; looations, at a height of 6
feet above the genera surface lavol, determined by
extending she required aide yard setback lines of the
premise on which such sign is located or to be located
so as to intersect the curb line of the public street
fronting said premise; than aeasuring from said Later-
section points along the curb line to the direction of
the nearest side lot line of said lot for a distance
of 100 feet. If the street fronting said promise
Allowti traffic flow In only one direction, the
visibility point located along the curb line in the
direction from which traffic approaches said promise
shall be ue'ad Co determine the visibility raquirament
herein, (See Appendix Illustration No. 14d),
(b) Medical Eaereeacy Signs, when a sign located on tae
premlae o an emergency medical treatment facility
would, beoaus* of the setback or hat ht raquiraments
of this Article, not be readily visib a from adJAcent
QubILo struts, For purposes of this prov stoat
'Emergency Medical Treatment Facility" shall moan any
hospital, clinic or other facility where medical aid
is offered to a person or animal who suffers an
unexpactad injury or illness whie,~ requires immediate
medical attention.
2, In granting special excapcions allowed herain, the Board
of Adjuscmant shall specify, by written order,. the particular
setbacle or the particular height that will be allowed and in
doing so shall not allow deviation from the provisions of this
Article beyond what is minimally necessary to remedy the
situation allowing for said spacial exception.
J. HISTOR UL LANDMARK SIGNS
The provisions of this Article shall not apply insofar As
they cotifict with any provision applicable to a sign designated
as s historical landmark pursuant to this provisions of Article
26A of Appendix B•Zoning of the Coda of Ordinances of the City of
Denton, Texas.
K. CONFLICTING PROVISIONS
The definitions and provisions of this Article applicable to
signs shall control over any other conflicting definicton or
provision found in Appendix B•Zoning of the Code of Ordinances of
the City of Uanton, Taxes,
PACE 21
. Yip • l ' T . • a + .♦y' tip. 'W ry
4
IC ~
$,~CTION tll,
That the Appendix Illustrations of Appendix 8♦Zoninr of the
Code of Ordinances of the City of Denton are nereby Mended by
adding the following illustrations)
14, SIGNS
14a, Measurement of Setback,
~JI
I~I
' ~ 9lreet 4
web lime
14b, meaauresnent of Height
SIGN
i
i
1 1 Cu10IiM
s r ~
V
oars
j.ut4,f, M
t
t 1
1404 Sethock C1O&MOO to"
40
400
iluar• tw
100
04. M.
~ ec
I
~$A V00 *Oil
2 0 O I rp -
strNt Curb IIM
14d. Visibility Point
viability
point
8' QU.
Setback /
C - line
YtiLNINy mint
00
i
PACE 23
i
i
i
9l~CTION IV,
That the defiaitions of various type signs of Article 12 (51)
through (59.1) of Appeodix B-Zoning of the Code of Ordinances of
the City of•Denton are hereby repealed in their entirety; said
numbering to be reserved for future use,
SECTION V,
That Article 19 C of Appendix B-Zoning of the Code of Ordi-
nances of the City of Denton relating cc special development
signs is hereby repealed in its entirety; said paragraph C to be
reserved for future use,
SECTION VI,
That Article 27 (52) of Appendix B-Zoning of the Code of j
Ordinances of the City of Denton defining "sign" is hereby
repealed in its entirety; sail number reserved for future use,
SECTION VI1,
'chat Section 5-4 of Article I of Chapter 5 of the Code of
Ordinances of the City of Denton relating to permits for signs is
i
hereby repealed in its entirety, said section number to be
reserved for future use,
SECTION VIII,
That "i, Sign and Identification Uses" e)f Article 7 of
Appendix B-Zoning of the Code of Ordinances of the City of
Denton, Texas is repealed in its entirety.
I
SECTION IX,
Any person who shell erect, construct, locate, place, main-
tain, keep or make use of any sign in violation of any provisions
of this ordinance or otherwise violate a provision of this
ordinance, or who fails to comply therewith or with any of the
requirements thereof, or of a permit issued thereunder, shall be
guilty of a misdemeanor punishable by a fine not exceeding Two
Hundred Dollars ($200,00), Each such person shall be deemed
guilty of a separate offense for aach and every day or portion
thereof during which any violation of this ordinance is committed,
or continued, and upon conviction of any such violations such
person shall be punished within the Limits above.
PAGE 24
That if any section, subseatioa, paragrwph, sentence, clause,
phrase or word in this ordinance, or application thereof to nay
person or circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affaat the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION XI,
All ordinances) or parts of ordinances in force when the pro-
visions of this drdinanas become effective which are inconsistent •
or in oonllict with the terms or provisions contained in this
ordinance are hereby repealed Co the extent of any such conflict,
SECTION XII.
That this ordinance shall become effeo.'ive fourteen (14) days
from the date of its passage, and the City Secretary la hereby
directed to cause the caption of this ordinance. to be published
twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the day of 1984.
CITY OF DENTON, TEXAS
ATTEST:
MMMTTE; ,
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR JR+, CITY ATtORNEY
CITY OF DENT&I TEXAS
BY:
PAGL 25
P A Z Minutes
May 34 1984
Page Nine
on question from Mr, Claiborne, Mr. Watkins explained
the sign ordinance set backs and restrictions, He
requested that a historical sign not be restricted to
this ordinance. He stated in a survey 'one in 1981, 8
out of 15 Texas communities surveyed, prohibited port-
able signs, lie stated the ordinance is basically con-
servative.
Mr. Juren stated as sophisticated a town as Denton ic,
we need an ordinance.
i.Ir. Juren made a motion to recommend the ggroposed sign
ordinance to the City Council, Seconded by Mr. Sidor
and unanimously carried (6-0),
B. Consider disposition of excess Henry Street (Sherman
Drive) right-of-way (D-37),
Mr. Ellison stated this is the disposition of approxi-
mately 1,942,5 square feet of excess Henry Street (Sher-
man Drive) right-of-way and has been requested by Mr.
Tommy Caruthers, The right-of-way in question is lo-
cated adjacent and west of Denison Street and adjacent
and north of Henry Street (Sherman Drive). He stated
the Development Review Committee has reviewed the
disposition request and anticipates no future public
need for the property. He added no utility lines or
public facilities are in place at the subject sito.
Development Review Committee recommends disposition of
the excess right-of-way.
On question from Air. Sidor, Mr. Ellison stated the pro-
perty will be appraised to determine the cost of the
sale,
Mr, Juren made a motion to recommend approval of the
disposition of the excess right-of-way of Henry Street
(Sherman Drive), Seconded by Mr. Escue and unanimously
carried (6.0),
C. Approval of the preliminary replat of lots 1 and 2
of the Adkisson Addition (Denton County Jail).
Ayub Sandhu of Goodson Engineers, stated there has been
some question about complying with the subdivision regu-
lations regarding access on Woodrow Lane. He stated he
feela they should have no trouble in making revisions to
comply with City standards,
Judgr: Cole stated he felt the need for two access points
on Woodrow. Lane. He stated it is not known how many
vehicles will be there at one time and stated he feels
the 'need for ample access in case of an emergency and
p 0 Z Minutes
May 30 1984
page night
inappropriate to act on a replat that involves lots less
than an acre in size in an agricultural (A) zoning dis-
tricti however, staff did feel that some action should
be intiated on this matter for the benefit u£ the lot
owner(s) in need of some decision or indication of how
things may progress while building permits are being
withheld, Staff also feels that the need for rezoning,
resubdividing and consideration of variances would not
have developed if the petitioner had not disregarded the
formal process, however, single family (SF-16) zoning as
currently proposed will probably have little negative
impact on the existing character of the subdivision, and
staff recommends approval of Z-1664.
Chair declared public hearing closed.
Mr. Juren made a motion to recommend approval of Z-1664.
Seconded by Mr. Escue and passed unanimously (6-0).
F. Approval of the preliminary replat of lots 3, 4 and 5,
block A, of the Lincoln Park Addition.
Ms, Spivey stated 39 reply forms were mailed to property
owners within 200 feet of subject property; 1 was re-
turned in favor and 1 in opposition, and 23 courtesy
notices were mailed to adjacent property owners. She
stated this .38 acre tract is located at the northwest
In Place and Chambers Street. The pro-
corner of Lincoln
perty party is zoned single family (SF-7) and single family
development is anticipated. The intent of the replat is
to create two 75' lots where three 50' lots now exist.
Water, sewer, gas, electric, telephone, streets, and
drainage facilities are in place and staff recommends
approval.
Mr, hilly kedmon stated his intent is to make larger
lots.
No one spoke in opposition.
Chair declared public hearing closed.
Mr. Escue made a motion to recommend approval of the
preliminary replat of lots 3, 4, and 5, block A, of the
Lincoln Park Addition. Seconded by Ms. Cole and unani-
mously carried (6-0).
IV. Considerations
A, Consider making a recommendation to the City Council
concerning the proposed sign ordinance,
minutes
PLANNING AND ZONING COMMISSION
FURUARY 1, 1984
A special called meeting of the Planning and Zoning Commission of
the City of Denton, Texas was held on Wednesday, February 1, 1984,
at 7:00 p.m,, in the Council Chambers of the Muneipal Buii.;iing,
Present: Bill Claiborne, Ruby Cole, R. B, Bacue, Jr., Gary Juren,
Robert LaForte and Andy Sidor
Absent; Thomas Pearson
Present from Staff: Charles Watkins, Senior Planner, Joe Morris,
Assistant City Attorney; Robbie bdugiunah, Building
Inspector; Louise Coleman, secretary
1. Hold a public hearing concerning the proposed ordinance for the
regulation of signs in the City of Denton.
Raymond Golding (Foster/Kleiser formerly North Texas
Advertising Company) stated nis company has only approximately
50 signs in the city area at present, several of which area on
tide interstate, He discussed Section J, Non-conforming Signs
item 4, stating he would like to see this item removed from the
proposed sign ordinance due to the fact that the 10 year period
is not nearly enough time to amortize out the cost of a sign,
they can be very expensive, He would like to see a grandfather
clause for people who have legally constructed signs with
permits.
Mr, Sidor asked what the approximate life, expectancy is of the
type of signs he constructs.
Mr. Golding responded explaining they are constructed of steel
and would have an indefinite life expectancy because they are
kept up and the only changes that occur is the advertising
fronts.
Mr. Sidor said the feeling behind the 10 years to conform would
be adequate to amortize the signs expense,
Mr. Golding said no it is not, on many of the signs they erect
as they are very expensive, He continued with a question on
the section covering signs on interstates or primary systems of
Highways asking what would be the standardized size for these
signs on the Highways.
Joe Morris stated if the state law allows them the city cannot
prohibit or restrict to a smaller size,
Special P a GSi'gn Ordinance
February 10 1984
Page 2
Tom McGuire (Accent Furniture) had questions for a clarifica-
tion of page 10, paragraph 10 with regard to blinking lights on
permanent signs,
Mr, Watkins explained the definition of blinking lights,
Mr. McGuire asked if that would be like the Morrisson Milling
traveling sign
Mr. Watkins answered yes,
Mr, McGuire said the signs he has placed out on the nighway
draw a lot of business to nis store as do the portable signs.
Mr. LaForte said he wanted it to be perfectly clear they do not
want to aifeet businesses,
Mr. McGuire said with regard to the portable signs page 14,
paragraph 3, the portable signs attract traffic to Cue business
and the 3U day shut down waiting period would affect nis busi-
ness tremendously,
Mr. LaForte stated portable signs are very numerous in the city,
Mr, McGuire said the signs attract much business to his store
off the highways that would most likely go on to Dallas to shop
and this business generates revenue to our city,
Mr. Claiborne questioned how many signs tie has on premises.
Mr. McGuire said tie has one permanent and one portable sign on
premises,
Mr. Duren asked if he uses nny other means of advertising,
Mr. McGuire said yes, the Denton Record Chronicle, TV Facts and
KDNT, but signs have the best draw, they are very effective and
neeoed,
Special P & L Sign Ordinance
February 1, 1984
Page 3
Marion broekette (Starlite Signs) stated his oompany works most
of the major cities in Texas and does on premise signs, He
said Addison is the only city tie is aware of that has a more
restricttive sign ordinance than what the City of Denton is
proposing here. He disagreed with the percentage of size of
trio sign allowable on a building, K-Mart would be okay but a
smaller business would be hurt. He disagreed that flashing
lights are detrimental and with retard to the section of lU
yyears t.'o conform the stated amortization of the signs over a
ten year period is not adequate, He questions the section
covering the effective area, page 3, item 3 (c) as he objects
to the method used to determine this as some of the open space
area is also used in the calculations, also there is not much
in the proposal with regard to safety such as electrical
requirements, In sum tie feels there has not been enough time
put into this proposal with regard to safety.
Jack Earhart ('Troy Ounce) spoke to the issue of the portable
signs stating they have been a tremendous asset in his business
as he feels they are and have been very beneficial in
attracting customers to his business as he is in an out of the
way location and ne needs off-premise advertising, He said
comparatively the advertising he has done with the portable
signs far exceeds the other means of advertising in terms of
drawing customers to tfis store,
Mr. Sidor questioned how tie could determine it was the portable
signs and not the other advertising meads,
Mr. Earhart stated tie has made it a point to ask the customers
who come in where they became familiar with his business,
Marilyn Mays questioned if there was not at this time permits
required for portable signs,
Mr. Watkins said that is correct,
Ms. Mays stated the streets in Denton are lined with portable
signs at this time, she feels they should be limited as they
are infringing on the public,
Charlotte Pennington (Happy Days Day Care) stated she supports
Mr. Eartherts comments, her advertising in the Denton Record
Chronicle and TV Facts is not nearly as effective as the use of
the portable signs. Her business changes month to month in
regard to the different programs offered by her schools and she
would be affected by the time frame of off 30 days on 60 days.
Mr, LaPorte commented that when daycare requests come in for
special use permits they tell the commission the daycare is a
much needed service and Ms. Pennington is saying „dust the
opposite that the advertising is necessary to attract business.
Special P 6 Z dign Ordinance
February 1, 1984
Page 4
Ms, Pentiin ton stated sue does need the advertising and the
portable signs are by far the best use for her dollars,
Willie Hudspeth (sells satellite earth stations) asked if there
isn't anyway the business people can work directly with the
commission or whoever is putting the sign ordinance proposal
together,
Mr. Sidor questioned what type of sign he is presently using.
Mr. Hudspeth said he uses temporary construction signs on
location where his construction is in process.
Bob Dotson (Optical Place - Eagle) has one sign in front of his
business and tie objects to the size of signs section for an on
premise sign and the time frame of on 60 days off 30 days for
the portable signs would hurt his business.
Slick Smith (owns portable sign business) stated he has lived
in Denton most of his life and his business of the portable
signs nas involved a large investment of money, He stated tie
takes very good care and maintenance of his signs and as yet
nas not had one of nis signs blown over, Most of his customers
do not nave yard area or exposure space for portable signs and
they need exposure for their businesses.
Mr, Smitn commented the city at this time ryas several dumpsters
sitting off curbs in roadways and nave no reflectors wrtion he
has reported to city staff, this he said is city negligence and
how can they enforce the recommended changes for portable signs
when other areas of enforcement are inadequate. He continued
stating that tae time frame of on 60 days and off 30 days is
very objectionable. He stated he teas a signed list of 66
people who own portable signs who are very against that kind of
time limit. He said this proposal will hurt his business which
is his livelihood and many other business men wno use them. He
finished by saying that Mr. Watkins could nave his city
inspectors check, but every one of his signs are parked legally,
Cliff Reding (Rading Advertising) stated he has tried for years
to sit down with the city to work out some type of proposal.
He stated ne has several objections throughout tho entire
proposed ordinance.
Mr. Watkins commented there is an appeal process in this
ordinance,
Spoaial P4 198ign ordinance
February 1
Page 5
Mr, Reding enYltinued to discuss items on several pages of the
proposal explaining his objections and mentioned some possible
solutions, He stated that ►ie feels there is too much control
on signs mere will be the possibility it would discourage new
business to come into Denton? b sinesses will not relocate into
Denton if they cannot adV
advertising is vary important to ttie businesses that use t em
especially to draw in clients with the off-premise advertis-
ing. He suggested a board of review for the s;tgns be set up.
Denton should write their own personalprsign eposaldinance and het
use other cities as a model. If this will be regulated on everything but color and shape.
Public hearing closed.
made1 points to be further
and stated more ad~ustments severa
discusaed LaForte
Mr. Sidor commented there would need to be another study
session.
Mr.
portablebsignssout othfeneighborhoodintent keep
p
Mr. Watkins suggested the proposal be tabled.
Mr, Claiborne made a motion to table the proposed sign
secondede tned motfto tion. Motion carrted 6-.
March 7, 1954, 7 p.m•, Study Session for the proposed Sign
Ordinance schaduled, place to be determined.
Meeting; adjourned at 9:15 p.m.
CITY OF
DENTON, TEXAS
City Council Membera'~
Mayor Richard 0, Stewart
James Riddlesperger (Mayor Pro Teas)
Joe Alford
Jaok Barton
Mark Chew
Charles Hopkins
Ray Stephens
Administrative Officials and Staff
G. Chris Hartung - City Manager
Jeff Meyer - Director of Planning and
Community Development
Charles Watkirio Senior Planner
Human Resource Committee
Karen Connor Betty Kreps
William Crouch Rudy Moreno
Frank Davila Donald Pickens
Ethelyn Davis Irene Price
Trudy Foster Ncrrie Rawdon
Fannie Belle Gaupp (Chairperson,) Wallace Batey (Ex Offioio)
Jim Riddlesperger (Ex Officio)
Prepared byi
Principal Researchers - Edward A, Ipser, Sr.
Nancy K. Grant, Ph,D,
Carlela K, Vogel
Assistants - Barbara Ellis
Marti Royer, MSW
ipser & Associates, Inc.
2616 STADIUM DRIVE FORT WORTH, TEXAS 76109 817/027.2aM
.23-
Community Survey prioriti.xration Based on the results
of the survey of Denton residents, the following top ten
priorities were established:
Indicated probleca Estimated Incidence
i. Information & Referral 8863
2e After School Programs 6910
3► Adequate Housing 4808
4. Day Care 3756
5► Medical Help 2905
6. Alcohol Abuse 1837
7e Child Abuse 1402
Be Transportation 1301
9► Drug Abuse 484
10► Adult Abuse 417
This is a numerically determined rank as indicated by
the frequency of response to a direct or related question
and in no way implies a value judgement, The estimated
number of households is computed by extend.ng the response
percentage to the number of households in Denton, This
provides an indicator of the number of cases that p,~)ssibly
have a need that could be served through the HRC and/or other
Denton agencies.
AFTER SCHOOL ACTION SITE INFORMATION
SITES PARTICIPATION STAFF
Gin rings Elementary 30 2
Lee Elementary 31 2
Newton Rayzor Elementary 25 2
Sam Houston Elementary 30 2
Woodrow Wilson Elementary 30 2
Dania Recreation Center 30 2
(Borman Elementary)
The After School Action Site program is an effort to provide a much
needed public service and to provide that service to areas of town
that are not served by a recreation centsr. This program is an
extension of the Summer Action Sits grogram and is very popular with
the participants and their families. This activity would not be
possible without the cooperation from and use of the Denton
Independent School District facilities.
Registration is handled in conjunction with overall registration)
however, no mail-in registration is accepted. The popular activity
is filled on a first come, first served basis, The next
registration is scheduled for December 15-21 at the Civic Center.'
Five spots at each location will be reserved for individuals who
qualify for the school luncr, program.
Session It September 10-December 19 (15 weeks)
Session III January 7-May 30 (20 weeks)
Dayss Monday-Friday
Times 300-6100 p.m.
Agesi K-Grade 6
Resident Fees 10/monthly
Non-Resident Feet 13/monthly
Action Sites will be closed on teacher workdays and school
holidays.
1 t I 1 •~'inY •i:f(
CAD
, Vex ion jPk bllc X ib ra r y
_ 602 OAKLAND DENTON, TEXAS 74201
MEMORANDUM
G
JOELLA ORA,DIREOTOR
TO t BETTY MoKEAN, ASSISTANT CITY MANA08R
FROMt JOELLA ORR, LIBRARY DIRECTOR
SUBJ1 RESOLUTION OF APPRECIATION FOR MARCARST NICHOLS
DAM Ootober 9, 1984
8(argaret Niohola has served on the Library Board as the County representative
sinoe `1981, At the September meeting, the Board asked roe to have the City
Counoil pass a "resolution of aporeoiation" for her servioe in this oapac;lty.
I would approoiate f.t if we oould get this request on an agenda for the
Counoil at the first available date.
h
Joell rr, Libra y D reotor
of
0395H
ohm"
iq ~rrttt~tiptt pf
MAROARST NIOHOLs
WHEREAS, Yargarst Nichols is a member of the Denton
Library Boardj and
WNSRHAS, the City of Denton appreclates the time,
effort, and dedication of service that Kargaret Nichols contributes as
the County 8x-officio to the affeotiveness and erflalenay of the
Denton Library Boards NOW, THSREFORE,
BE IT RESOLVED BY THO CITY COUNCIL OF THE CITY OF DENTON, TEXASI
That the sincere and warm appreciation of the City of
Denton be formallY conveyed to Margaret Nichols in a permanent manner
by sprsading this Resolution upon the orflaial Minutes of the City of
Denton and forwardfrig to her a true copy hereof,
PASSED AND APPROVED this the 4th Day of December,
A,D„ 1984,
RICHARD 0. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTSSTi
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LROAL FORNt
JOE D, MORRIS, ACTINO CITY Arr RHEY
CITY OF DENTON, TEXAS
12
f City Council Minutes
September 13, 1984
'the Council convened into the Special Called Meoting at 7;30 p,m, on
Thursday, Sepptember 13, 1984 lit the CouncII Chambers of the
Municipal Building,
>IDIBERS
PRESENT; Mayor Stewart; Mayor Pro Tom Chow, Council Members
Alford, Ilopkins, McAdams, Riddlesporgor anti Stophons
City Manager, Acting City Attorney and City secvolavy
,NiNsWERS
ABSENT: None
I1 Tno Council held a public hearing on the fiscal year
19811.85 proposed tax Increase,
Tho Mayor opened the publtc hearing,
JOItn McGrane, Director of H nance, spoke lit favor stating that the
purpose of tuo public hearing was to give ample time for citizens to
express their opinions about the proposed tax increase, The actual
adotetion of the tax rate would take place at t later date, Thu
staff was proposin that the tax rate be increased from 56e per $100
evaluation to 59,75e per $100 evaluation.
No one spoke in opposition,
'Cite Mayor closed the public hearing,
Council Member Alford stated that ue Colt It was Indicative that no
one had appeared In opposition to the proposed Increase.
Witn no further items of business, the meeting was adjourned,
MIARD I STEWART, MAYOR
C?1AR 1=' ALLEN, CITY ) 1
1568C
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
METING DATCs December 41 1984
SUBJECTi Approval of the preliminary plat of M & B Metal
Addition, Lot 1, Block 1
SUMMARYt The preliminary plat is for a tract of 1.9515
acres situated west of and abutting Bonnie Brae
and north of Solar Way and more fully described
as Lot 1, Block 11 M & 8 Metal Addition, O.S.
Brewster Survey Abstract No. 56. The site is
zoned light industrial (LI) and light industrial
development is anticipated.
The existing water flow'on Bonnie Brae is 683
g.p.m., whereas, industrial uses require 3,000
g,p.m. The Public Utilities Board considered
and recommended awaiver of the water require-
ments at their meeting on November 11, 1984.
Sanitary sewer, electric, telephone and
commercial solid waste services and facilities
are adequate and available.
Bonnie Brae is a priA;ary major arterial road
shown on the Denton Thoroughfare Plan and a
right-of-way width of 1.20 feet is required.
Only one access will be allowed on Bonnie Brae
Street.
There is need for perimeter street paving along
Bonnie Brae Street and the developer has re-
quested a variance by letter dated November 71
1984. Planning and Zoning Commission waived the
perimeter street paving requirement under
Article III, 403 Section H2B at its meeting
November 28, 1984.
ACTION RS QUIREDi Approval or denial of preliminary plat
RECOMMENDATIONS The Planning and Zoning Commission recommends
the approval of the preliminary plat of M & B
Metal Addition, Lot 1, Block 1, with the follow'ng
conditionst
1) That the developer providew; facilitieo for
upgrading water flow to 3,000 G.P,M. on the site,
2) That sanitary sewer line be constructed across
frontage of the property from existing service
adjacent to the railroad track as per Code of
Ordinances, Article IV - 10, paragraph E.
CC Backup
M & B Metal Addition
Page 2
ALTERNATIVES: 1. Approval of the preliminary plat with or
without conditions
2. Denial of the preliminary plat
ATTACHMENT: Reduced preliminary plat
' 'S.
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Development Review Planner
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CITY COUNCIL AGENDA
HACK-UP SUMMARY SHEET
MEETING DATE: December 4, 1984
SUBJECT: A roval of the preliminary plat of the Smith
Hill Addition
SUMMARY: This is a tract of 4.76 acres situated west of
and abutting U,S, Hwy 377 (Fort Worth Drive) and
south of and abutting Collins Street, and more
fully described as Smith Hill Addition Block A,
Alexander Hill Survey Abstract Number 623. The
site is covered by a planned development district
(PD-81) and the proposed preliminary plat is for
office and restaurant development.
Access will be allowed as shown. The existing
fire flow is 1870 g.p.m. which is over the 1500
g.p,m. required, The existing sewer system is
overloaded, and development cannot be undertaken
until capital improvement works are completed,
There is need for a studyy to determine whether a
parallel sewer line may be installed by the
developers. City will enter a pro rata agree-
ment for off-site utility works. Water, sewer,
electric, telephone, and commercial solid waste
disposal services and facilities are adequate
and available.
ACTION REQUIRED: Approval of the preliminary plat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the Smith Hill Addition preliminary
pllat with the following conditions:
1. That only the restaurant will be allowed to
tie onto the existing sanitary sewer line at
Collins Street and its kitchen wastewater
operation be confined to the hours of 12:00
noon to 4:00 p.m. and from 6:00 p.m. to 5:00
a.m. This condition is required due to the
Eagle Drive; sewer line being full during
peak hours of 5:00 a.m. through 12:00 noon
and 4:00 p.m. through 6:00 P.M.
2. That either the developer or the city com-
plete Eagle Drive sewer line improvements
before the balance of this development ties
onto the sanitary sewer system.
I
CC Backup
Smith Hill Addition
Page 2
ALTERNATIVES: 1, Approval of the preliminary plat with or
without conditions
2, Denial or the preliminary plat
ATTACHMENT: Reduced preliminary plat
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Development Review Planner
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CITY COUNCIL A04NDA
13ACK-UP SUMMARY SHEET
M3ETMG DATE i December 4, 1984
SUB.IECT3 Approval of the preliminary plat of South Denton
Industrial Park Addition, Lot 11 Block I
SUMRARYi The preliminary plat is for 10.558 acres
situated west of and abutting US Hwy. 377 and
more fully described as Lot 1, Block 1, 98B &
CRR Company Survey Abstract No. 8196
The site is zoned light industrial (LI) and
light industrial development is anticipated,
Drainage is acceptable at this stage. Only one
access will be allowed on Fort Worth Drive.
Sanitary sewer, electric, telephone, and com-
mercial, industrial solid waste services and
facilities are adequate and available. There is
need for a 16 inch diameter water line to be
extended along US Hwy. 377 to connect to the
site,. City will enter pro rata agreement for
off site infrastructure work. There is need
for a 16 foot wide utility easement along the
south property boundary .line.
ACTION REQUIRM Approval or denial of preliminary plat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the South Denton Industrial Park
Addition, Lot. 11 Block 1 on the following
conditions,
1. That a 16 inch diameter water, line is to be
installed along the frontage of the property ,
and connect to existing services along USj
Hwy. 377,
2. That a 16 foot wide utility easement is
provided along the southern boundary of the
property.
ALTS RNATTVL: Approval or denial of the preliminary plat
ATTACHMENTi Reduced plat
0956aOIIU.,1 -
Harry N. ersaud, Development Review Planner
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SFIEET
MEETING DATE; December Q, 19H
SUBJECT; Approval of the preliminary and final replat of
the Wainwright Addition, Lot 1-R, Block 28
SUMMARY; The preliminary and final replat is for a tract
of 0,126 acres situated east of and abutting
Wainwright Avenue and south of and abutting east
Sycamore Street, The site is zoned nommercial
(C) and warehouse/retail type of development is
anticipated.
Water, sewer, electric, telephone, and
commercial solid waste disposal services and
facilities are adequate and available. The
preliminary and final replat conforms to the
minimum requirements of the Denton Subdivision
and Land Development Regulation.
ACTION REQUIRED; Approval of the preliminary and final replat
RECOMMENDATION; The Planning and Zoning Commission recommends
approval of the preliminary and final replat of
the Wainwright Addition, Lot I-R, Block 28,
AI.TERNATIVESi Approval or denial of the preliminary and fins]
replat
ATTACHMENT; Reduced preliminary and final replat
Aa'rry N Peraaud
Development Review Planner
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DNNTON PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
Tot Denton City Council
Case No,i Z-1700 Meeting Dates December 4, 1984
- - -
GENhRAL INFORMATION
Applicants Dabney Companies
14180 Dallas Parkway
suite 508
Dallas, TX 75210
Status of Applicants Developer
Requested Actions Change in zoning from the planned
development (PD-17) classification
and agricultural (A) zoning district
to light industrial classification
(LI).
Location and sizes Approximately 334.607 acres situated
east of and abutting Woodrow Lane and
north of the proposed extension of
Morse Street, north of Spencer Road
and west of Loop 288.
Existing Land Uses Vacant
Surrounding Land Use
and Zonings North - Multi-family, Mack Park,
agriculture, vacant) MY-11 A
South - Power Plant, vacant, light
industrial) LI
East - Light Industrial, vacant) LI
West - Animal Control Center, park
land and light industrial
uses) LI
Denton Development Guides Area is designated as high intensity.
(Gass 11 Z-1700}
Page Two
SPSCIAL INFORMATION
------------------W
tltilitiees The entire area is well served with
water and sewer facilites, The main
sewer outfalls including 8"1 21" and
24" diameter lines traverse the site.
The water treatment plant is located
in close proximity north of Spencer
Road, The site is traversed by 138
KV electric transmission lines which
run in a north south direction almost
parallel to Loop 288, There is also
13.2 KV lines at different locations
within the site, Gas is also avail-
able and in place, Telephone facili-
ties will be made available. This is
an excellent location for industrial
activities from a utilities.stand-
point,
Drainages Approximately 30 percent of this
tract is covered by existing flood
plains. There are numerous drainage
streams which branch off from the
main drainage channel to provide
natural drainage for the entire
area, FEMA Regulations are
applicable in the development of this
site,
Transportations This site has direct access on the
eastexn side to Loop 288 which is a
primary major arterial and on the
western side to Woodrow Lane, a
secondary major arterial. The
proposed Morse Street extension,
another secondary major arterial will
traverse the site and connect Woodrow
Lane with Loop 288, The Denton
Thoroughfare Plan also identifies a
few collector-type streets to be
developed within the site.
(Case # Z-1700)
Page Three
ANA14YS IS
This Eroposal to change the zoning classification to light in-
dustrial (LI) is consistent with the Denton Development Guide,
It is important to note that the tract includes approximately
123 acres of light industrial (LI) classification established
under Planned Development District (PD-17).
According to the Denton Development Guide this area falls within
a high intensity area, The overall concept plan identifies this
high intensity area with the objectives of realizing diversified
economic activities and employment opportunities in the long
term growth and development of the city, Hi h intensity areas
have no limits in terms of intensity standards. Light indus-
trial developments have a wide range of trip generation inten-
sity which is compatible with the overall concept plan.
The entire tract is well served with access to major primary,
secondary and collector streets. This is an excellent location
from a utilities standpoint in that the area is adequately
served with water, sewer, gas and electric facilities and
services.
RECOMMENDATION
The Planning and Zoning Commission considered this item at its
meeting on November 14, 1984 and voted 4-1 to recommend approval
of Z-1,700.
ALTERNATIVES
1, Deny petition
2. Request planned development
ATTACHMENTS
1, Map
2. Reply form totals
3, property owner list
4. Planning and Zoning Commission minutes of
November 14, 1984 and October 24, 1984
0337)
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1700
IN FAVOR IN OPPOSITION UNDECIDED
N, Alex Bickley Richard F. Hare
3937 Webb Garden 6000 Camp Bowie
Dallas, TX Suite 365
653-1031 Fort Worth, TX 76116
732-633].
Amber Scripbner
Masterx Texas, Inc.
13601 Preston Rd - LB 334
Carilli.on Tower West,
Suite 709
Dallas, TX 75240
David C. Martino
P. 0, Sox 2306
Denton, TX
David H. Pry, dr.
923 Woodrow Lane
Denton, TX 76205
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November 14, 1964
Page 6
Mr, LaPorte made a motion to recommend appproval of the
site plan And final repl,,t of Township 1I, Phase III
Block A, Lot 4C. $eoor•~;d by Ms. Cole and unanimously
carried (5-0).
0. Recommend a proval of final replat of the Watley
Addition, Bock 1, Lot 1 (formerly Blount Addition).
Mr. Persaud stated this is a tract of 0.13 acres sit-
uated east of and abutting south. Locust Street north of
Eagle Drive. This site is zoned commercial and a
bookstore development is anticipated. He stated, city
will construct an B" water line from Eagle Drive to the
frontage of the property, Development Review Committee
recommends approval.
Mr. Rumfield stated where funds are available, the city
will pay for water fines and the developer will share a
pro rata charge.
I
Mr. Washington Watley stated he was present to answer
any questions.
No one spoke in favor or in opposition to the request.
Chair declared the public hearing closed.
Mr. Escue made a motion to recommend a proval of the
final replat of the Watley Addition, Block 1, Lot 1
(formerly Blount Addition). Seconded by Ms. Cole and
unanimously carried (5-0),
IV. Considerations
A.I Make. a recommendation to the City Council on a petition
of Dabney Companies requesting a change is zoning from
the planned development (PD-17) and agricultural (A)
classifications to the light industrial (Ll) classifi-
cation on a tract of 334.607 acres located east of and
n{~' abutting Woodrow Lane and north of the proposed exten-
Ne sion of Morse Street north of Spencer Road and west of
Loop 288 (Z-1700).
Mr, Laporte made a motion to remove Z-1700 from the
table. Seconded by Mr. Escue and unanimously carried
(5-0).
Mr, Persaud stated this request was tabled at the last
meeting because Ms, Ellis, an area property owner said
she owned land in the tract that was being rezoned.
After research was done, we found that she doe's not own
any property in this tract.
Mr. Bill Perry of the Dabney Company stated he was
present for questions.
Mr. LaPorte made a motion to recommend approval of
Z-1700, Seconded b X Eseue and carried 4-1, (Mr,
Claiborne voted no.~
B, Consider the petition of Denton County Mental Health
Centers, Inc, requesting a specific use permit for a
halfwayy house, in a multi'-family (Mb'-1) zoning district,
at 1IN Frame Street (S-182).
P & Z Minutes
October 24, 1984
Page 2
C, Approval of final plat of Frame Street Addition, Lot 1,
Block 2,
H. Approval of final plat of the Hartman Acres Addition.
I, Recommend approval of preliminary plat of the JVS
Addition.
J. Recommend approval of Mill Run Apartments, Phase 11.
K. Approval of final plat of the Northwood Estates
Addition, 9th Installment,
L. Recommend approval of preliminary plat of the
Northwood Estates Addition, 10th Installment.
M. Recommend approval of preliminary plat of the
Royal Acres Addition, Section 7.
No Recommend approval of preliminary plat of the
Royal Inn Addition, Lot 1, Block 1.
0. Approval of final plat of the Southridge lI Addition.
P. Approval of final. plat of the Westridge Addition,
Lot 1, Block L.
Staff requested item E be removed from the consent agenda
to be discussed later in the mueting.
Mr, LaForte made a motion to approve the consent a enda with
the exception of item E. Seconded by Mr. Sidor and unani-
mously carried (6-0),
Mr. Pearson stated regarding item 0, Southridge 11, he was
not aware at the last meeting that major changes wero being
made In ppolicies as there were major roblems with the sewer
lines. He stated he would like item 9 withdrawn from the
cogent agenda to be discussed later in the meeting.
Mr. Sidor made a motion to amend the first motion to approve
the consent agenda with the exceptions of items E and 0.
Seconded by Mr. Escue and unanimously carried (6-0).
IV, Public Hearings
A., 'G-1700. This is a petition of Dabney Companies
requesting a change in the zoning classification from
planned development (PD-17) and agricultural (A) to
ligght industrial (LI) classification on a tract of
334.bU7 acres located east of and abutting Woodrow Lane
and north of the proposed extension of Morse Street
north of Spencer Road and west of Loop 288. The tract
contains approximatelyy 123 acres for light industrial
(LI) use within the planned development district PD-17
and the balance of apgproximately 211.6 acres under the
zoned agricultural classification (A). If approved, the
entire site of 334,607 acres will be developed for light
industrial uses in accordance with the Denton Zoning
Ordinances.
Mr,'Persaud stated there were 21 reply forme mailed to
property owners; four were returned in favor and one in
opposition,
Mr. Bill Perry stated he is with Bill Perry and Asso-
ciates and is the consulting engineer that has been
involved with the land planning of this development,
}
P & Z Minutes
October 24, 1984
Page 3
He described the location and the :surrounding land
uses. He discussed the effects Pecan Creek would have
on the project. He stated he feels this area of land
would be an epic center for this type of application and
would also create employment.;, He mated the site is
consumed with easements and cI'issarossed with utilities,
but feels that this use is, in keeping With the area. He
stated he took into consideration the City's Master
Thoroughfare Plan and allowed for this in the land
development plan. He stated the drA1.nage of Pecan Creek
as a major issue will be dealt with during the platting
stage.
Chairman Claiborne asked how much reclamation he
intended to do to Pecan Creek.
Mr, Perry stated quite a bit and described the plans for
efficiency and improvements. He stated soma areas are
not economical or practical for improvements and those
areas are planned as green spaces.
Mr. LaForte stated one of the reply forms returned to
the Planning and Community Development Department stated
Ms. Juanita Snow Ellis stated that she owns a part of
the land that is included in the tract to be rezoned.
Mr. Perry stated his research as well as the title
company's research of the files have been surveyed and
certified and did not indicate Ms. Ellis owning any of
the land included in this petition.
Mr, Ellison asked if the owners had acquired any land
near Ms. Ellis' property.
Mr. Perry answered no.
No one spoke in favor or in opposition to the request.
Mr. Persaud stated this proposal to change the zoning
classification to light industrial (LI), is consistent
with the Denton Development Guide. He stated according
to the Denton Development Guide, this area falls within
a high intensity area. The overall concept plan ident-
ifies this high intensity area with the objectives of
realizing diversified economic activities and employment
opportunities in the long term growth and development of
the city. He stated the entire tract is well served
with access to major primary, secondary and collector
streets. He stated this is an excellent location from
a utilities standpoint in that the area is adequately
served with water, sewer, gas, and electric facilities.
Staff recommends approve of 'L-1.700.
On question from Mr. Sidor, Mr. Persuad stated PD-17
originallyy included 217 acres of land and was proposed
as a mobile home park.
Mrs Clark stated on main channels that are filled with
concrete, the trees are taken down and some of the trees
in this atioa are 75 feet ta''l. He stated he was hot
sure of the slope, but it does tend to slow the run-
off.He sitated it is agreed that Re space is nut
ideai in bight industrial areas, ee stated if we
continue to concrete the channels, it could cause
problems iuther downstream. He stated it could be
deveioped`,into a nice area. He stated the floodplain
is not 'ds much a concern as the floodway, which should
be left ato is, in its natural state.
P b Z Minutes
October 24, 1984
Page 4
Mr. Ellison stated he did contact Ma, Ellis and she did
confirm she owns 17 acres in this area. He stated his
interpretation is that she understands where the Z-1700
and arrow are placed on the aerial map is actually where
her property is,
Mr. Pearson commented he has come concern about the
ownership, however, he stated he foals the Commission
should not turn staff into a title company.
Mr. Perry commented the matter of ownership comes to him
as a nom lets surprise as they have done title searches
through wo Clile companies. He stated they are not
trying to rezone someone else's property, He stated the
only discrepancy he was aware of was with the survey,
which has been rectified. On question from Mr. Sidor,
Mr, Perry stated the type of development will be light
industrial type, such as national firma, trucking firms
and things of that nature, ones with large paving areas.
Mr. Pearson commented Ms. Ellis states in her letter the
rezoning of this land is to force the selling of tier
land.
Mr, Perry stated he has no knowledge of that.
Ms. Barbara Byrd asked at what ppoint are the traffic
patterns reviewed. She stated her concern is the
ingress/egress of 18 wheeler traffic in and out of
this area.
Chair declared the public hearing closed.
Mr, LaPorte made a motion to table Z-1700 for two
weeks. Seconded by Ms. Cole.
Mr. Pearson commented we could pass this, subject to
the legal description.
Mr. LaPorte commented he could not understand why Pls.
Ellis or a representative was not peasant at the meeting.
Mr. Sidor commented this is a zoning case for 376 acres,
if there is a discrepancy, there is ample time for the
developer to prove ownership before City Council.
Mr, Claiborne commented lie has mixed feelings even
though this La a personnal preference stated he would
rather the developer come in with a planned development
than straight light industrial zoning. He further
stated he does not favor approval.
Motion passed by a vote of 4.2. (Mr. Pearson and Mr,
Sidor voted no.)
B. S-154, This is the petition of 'tom Roberts, representing
wlison-Harshaw Properties, Inc,, requesting expansion of
an existing specific use permit on a 13.7 acre tract at
2x00 Fort Worth Drive, A seventy-seven (77) lot mobile
home park currently exists at that location and the peti-
tioner is proposing to develop forty-one (41) additional
lots.
Ms. Spivey stated there' were nine reply forma mailed to
property owners; one was returned in .favor; one in
op~losition and one undecided. She stated the original
S% 54 was for a mobile home park which allowed the
development of 150 lots. She stated the petitioner is
seeking an amendment to the site plan and not an ex-
pansion of the specific use permit.
1
PLANNING AND ZONING` COMMISSION 0 r
RECOMMENDATION TO THV CITY COUNCIL
To: Denton City Council
Case No,: Z-1707 Meeting Date: December 4, 1984
GENERAL INFORMATION
Applicant: J. il. Hollabaugh
El Dorado Car Nash Systems
12640 E, Northwest ilwy. 0409
Dallas, TX 75228
Status of Applicant: prospective developer
Requested Action: Change in zoning from multi-family
(MF-1) classification to the general
retail. (GR) district
Purpose: Development 'ot a car wash
Location and Size: 0,53 acre tract located at the northwest
corner of Londonderry Lane and Jason
Drive. The tract is more particularly
described as Lot 1, Block D of the
Teasley Mall Subdivision.
Existing Land Use: Vacant
Surrounding Ladd Use
and Zoning: North - Multi-family residential; MF-1~
South - Multi -r- am ily residential,
retail; MF-1, GR
East - Vacant, laundromat, day
nursery, clinic; NS
West - Multi-family; MF-1
Denton Development Guide: Area Is designated as moderate
intensity,
SPECIAL INFORMATION
Drainage: Drainage for this tract can he handled
provided the minimum finished floor
elevations are set properly for all
buildings.
(Case Z-1707)
Page 2
SPECIAL INFORMATION (continued)
Utilities: An 8" water line is present in
Londonderry Lane and is adequate to
serve the proposed use. The sewer
lines in this area and the Hobson
Lift Station are already over
loaded. No high dumpage of water
into the sanitary sewer system can be
permitted until a relief sanitary
sewer system is constructed,
Electric, as, and phone services
are availatle to this site.
Transportation; Londonderry Lane is s collector
street which is adequato to serve the
proposed development. The Engineering
Department has mentioned the need for
sidewalks in this area.
ANALYSIS
The proposed car wash use is subject to Development Guide
criteria for moderate intensity areas. The site is across the
street from commercial. laundromat/dry cleaners to the east, and {
undeveloped multi-family property to the west, The west side of
Teasley between 1-3513, and Londonderry Lane is primarily consumed
by multi-family, general retail and neighborhood service zoning
and land uses. 'there is a section of agricultural (A) zoning
which begins adjacent and south of the I-35E service road, but
it is unlikely that single family development will occur at this
site, General retail land use is not incompatible with surround-
ing land uses and zoning. Intensity is not considered a problem
with this particular request as there are 15,277.4 unallocated
trips based on current land use and 3569.7 unallocated trips
based on current zoning, Further requests in this area should
be monitored closely to ensure that a high intensity area does
not develop at this location.
RECOMMENDATION
The planning and Zoning Commission recommends approval of 2-1707
by a to of 4-1.
(Case Z-1707)
Page 3
A1.TERNATIVI S
1, Approve petition
2. Dony petition
ATTAC14IFN .5
1. Mal)
2. Reply Form Totals
3. Property Owner list
4. Pitinning and Zoning Commission minutes of the meeting of
November 14, 1984
4878g
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1707
IN FAVOR IN OPPOSITION UNDECIDED
None Received None Received
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P & Z Minutes
November 14, 1984
Page 5
Hr, 41lisou stated the opinion 'of'the actingg city
attorney addressed the fact thgt',staff was limited to
dpeoifio'land uses and developt%ents as described in
current planned development ordittanoss, Under the
current planned development ordinanoos, the clggasi-
fication of categories called office'conter, office
center is not defined. We feel that this qualifies as
far as legal determination. 1'd also like to point out
the fact that the planned develo}~ment would have to be
in substantial compliance with the normal development
standards for office land use once the petitioner does
come in and all parking requirements and setbacks would
have to coinsido.
B. F Z-1707, This is the petition of Hl Dorado Car Wash
ya ema requesting a change of zoning classification
from multi-family (MF'-10329 o eneral retail ((GH) on a
V) tract of approximately acres situated north of
0Li and abutting Londonderry Lane and west of and abutting
pp F- Jason Drive and more fully described as lot l block ll,
~~pA Teasley Mall Subdivision, if approved, the alte may be
developed for any 8eneral retail and service type uses
as permitted by the City of Denton Zoning Ordinance.
Ms. Spivey stated there were four rep!;- forms mailed to
property owners; none were returned.
Mr. Harris Hollabaugh, President of E1 Dorado Car Wash
Systems, described the location and surrounding land
uses. He stated he has owned and operated car washes
for seven years. He stated his 'plans are to build a
first class car wash with six self-service bays; one to
be a brushless drive through with a spot free rinse.
He stated there will be six drying bays with all brick
facilities and stainless steel vacuumns and a scent
machine.
On question from Mr. LaForte, Mr, Hollabaugh stated
there are shrubs planted between the proposed cat wash
and Lila parking lot.
Mr. Hollabaugh stated he fools there ?.s a need for a
car wash in the area, He stated ho fools it would not
generate a lot of extra traffic as it would draw mostly
residents in the area. He stated there would be no
environmental' problems.
On, question from Mr. Juren, Mr. Hollabaugh stated yes,
it will feature all nigght security lights in Phe bays as
well as the drying sneds.
Steve CuynesI an area property owner stated apartments
had been considered previously at this site. He stated
he is in favor of this petition as he lives in the area
and doesn't feel this type of business would generate a
lot of traffic.
On question from Mr. LaForte, Mr. Guynes stated ther#l is
a drainage ditch as well as several feet of rise wiiieh
puts this propety well out of the floodplain.
Ms. Spivey stated the proposed `oar wash use is subject
to Developmant buide criteria for moderate intensity
areas. T, a site is across the street from commercial
laundromat/dry cleaners to the east, and undeveloped
multi-family property to the west. There is a section
of agricultural (A) zoning which begins adjacent and
P & w Minutes
November 14, 1984
Page 4
south of the 1-358 service road, but it is unlikely that
sin le family develomelit will occur at this site she
sta ad general retail land use is not incompatible with
surrounding land uses and zoning; intensity is not
considered a problem with this particular request as
there are 15,277.4 unallocated tripe based on current
land use and and 3569.7 unallocated trips based on
current zoning. Further requests in this area should be
monitored closely to ensure that a higg}i intensity area
does not develop at this location. SlIa further stated
staff recommends approval of Z-1707.
Mr, Ellison gave the requirements for^.urb cuts as per
Subdivision and Land Development Regulitions.
Mr, Juren commented that if the area were developed
as multi-family, it would have a major impact on the
traffic.
Mr. Clark stated multi-family development would impede
the sewer lines, as a car wash would not.
Mr. Hollabaugh stated normally there is not a lot of
water that goes through a car wash. Usually about three
and one half g.p.m. that goes through each bay.
Mr. Rumfiald Stated they would have to extend appro-
ximately 1500 feet of sewer extension.
Chair declared the public hearing closed.
Mr. Juren made a motion to recommend approval of
Z-1107. Seconded by Mr, Escue and carried (4-1).
(Mr. LaForte voted no,)
Mr, LaPorte commented they could use a car wash in
that area, but stated he was not sure that the traffic
wouldn't increase. He stated lie doesn't intend to vote
for it as a car wash.
C. Z-1708. This is the petition of Dallas Design Croup,
nIo. requesting a change of zoning classification from
multi-family (NF-1) to general retail (GR) on a tract
of 0.574 aores of land situated north of and abutting
Londonderry Lane and east of and abutting Jason Drive
and more fully described as lot 4B1, block B, Teasley
Mall Subdivision. If approved, the ^ite may be devel-
oped for any general retail and service type uses as
permitted by the City of Denton Zoning Ordinance.
Ms, Spivey stated there were six reply forms mailed to
property owners; none were returned.
Mr, Jack Wo,jewski stated he is an architect with Dallas
Design Group, He described the design and construction
of the building.
No one spoke in favor or in opposition to the request,
Ms. Spivey stated this request is much like the prevkous
case and staff recommends approval of Z-1708.
Chair declared the public hearing closed.
Mr; Juren made a motion to recommend approval of
Z-1708. Seconded by Mr. Escue and unanimously carried
(5-U) ,
PLANKING AND ZONING COMMISSION
RECOWIENDATION To THE CITY COUNCIL +
To Denton City Council ~Y
Case No: Z-1708 Meeting Date: Docember 4, 1984
GENVRAL INFORMATION -
A p p l i c a : ti t Jack IV o j e ws k i~
Dollar; Design Groin, Inc,
4223 Northwost 111gEway
Dallas, TX 75220
Status of Applicant: Prospective Developer's Architect
Requested Action: Change in zoning from multi-family
(MF-1) classification to the general
retail (GR) district
Purpose: Unknown
Location and Size: 0,57 acre tract located at the
northeast corner of Londonderry Lane
and Jason Drive. The tract is more
particularly described as Lot 01,
Block B of the Teasley Mall Subdivision,
Existing Land Use: Vacant
Surrounding Land Use
and 7.oning: North Multi-family residential; MF-I
South - Multi-family residential,
retail; MF-1, GR'
East - Laundromat, day nursery,
clinic; PD-46, NS
LDonton Development Guide: Area is designated moderate intensity,
SPECIAL INFORMATION -
Drainage: Drainage for this tract car) be handled
provided that minimum finished floor
elevations are set properly for all
buildings.
Utilities: An 8" water line is present in
Londonderry Lane and is adequate to
serve the proposed use. The sewer
lines in this area and the Hobson Lift
Station tre already overloaded. No
(Case z-1708)
Page 2
SPECIAL INFORMATION (continued)
lltIIItI -)s ( contInuo(I high dumpage of water into the sanitary
sewer system can be permitted until a
relief sanitary sewer system is
constructed, EloctrIc, gas, and phone
services are avallable to this site,
Transportation: Londonderry Lane is a collector street
which is adequate to serve the proposed
development. The Engineering Department
has mentioned the need for sidewalks in
this area,
ANALYS IS
l This tract is locates! in a moderate intensity area. The site is
adjacent to a commercial Laundromat/dry cleaners to the east and
undeveloped multi -family p roperty to the west, The west side of
Teasley Lane between I-351; and Londonderry Lane is primarily
consumed by multi-family, general retail, and neighborhood service
zoning and land uses, There is a section of agricultural (A)
zoning which begins adjacent and south of the I-35E service road,
but it is unlikely that single family development will occur at
this site. General retail land use is not incompatible with
surrounding land uses and zoning, Intensity is not considered a
problem with this particular request as there are 15,277
unallocated trips based on current land use and 3,567 unallocated
trips based on current zoning, further requests in this area
should be monitored closely to ensure that a high intensity area
does not develop at this site.
R ECODIMMAT ION
The Planning and Zoning Commission recommends approval of 7-1708
L by a vote of 5-0,
ALTERNATIVES
L2' Approve petition
, Deny petition
(Case Z-1708)
Page 3
ATTACNMPNTS
1. Map
2, Reply Form Totals
3, property Owner List
4, Planning and Zoning Commission minutes of the meeting of
November 14, 1984
093oa
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1708
IN FAVOR IN OPPOSITION UNDECIDED
V. W. Hagemann None Received
2213 Woodbrook
Denton, TX 76205
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November L4, 1984
Page 4
.
south of the I.35& service road, but it is unlikely that
single fstmily develoment will occur at this site She
stated Oneral retail land use is not incompatible with
surrounjing land uses and zoning; intensity is not
considered a rob eat with this particular request as
there are 15,0 7.A unallocated trips based on current
land use and and 3569.7 unallocated trips based on
current zoning. Further requests in this area should be
monitored closely to ensure that a higgh intensity area
does not develop at this location. She further stated
staff recommends approval of Z-1707.
Mr. Ellison gave the requirements for curb cuts as per
Subdivision and Land Development Regulations.
Mr, Juren commented that if the sees were developed
as multi-family, it would have a major impact on the
traffic.
Mr, Clark stated multi-family development would impede
the sower lines, as a car wash would not.
Mr. Hollabaugh stated normally there is not a lot of
water that goes through a car wash. Usually about three
and one half g.p.m. that goes through each bay.
Mr. Rumfield stated they would have to extend appro-
ximately 1500 feet of sewer extension,
Chair declared the public hearing closed,
Mr, Juren made a motion to recommend approval of
Z-1707, Seconded by Mr, Escue and carried (4-1),
(Mr, LaForte voted no,)
Mr. LaForte commented they could use a car wash in
that area, but stated he was not sure that the traffic
wouldn't increase, tie stated he doesn't intend to vote
for it as a car wash,
C, rZ-1708, This is the petition of Dallas Design Group,
t1c roquesting a change of zoning classification from
multi-family (MF-1) to general retail (GR) on a tract
of 0,574 acres of land situated north of and abutting
~F Londonderry Lane and east of and abutting Jason Drive
~~and more fully described as lot 481, block 8, Teasley
r Mall Subdivision, If approved, the site may be devol-
oped for any general retail and service type uses as
permitted by the City of Denton Zoning Ordinance.
Ms. Spivey stated there were six reply forms mailed to
property owners; none were returned,
Mr, Jack Wojewski stated he is an architect with Dallas
Design Group. He described the design and construction
of the buildings.
No one spoke in favor or in opposition to the request.
Ms, Spivey stated this request is much like the previous
case and staff recommends approval of G-1708.
Chair declared the public hearing, closed,
Mr. Juren made a rotion to recoonaend approval of
Z-1708. Seconded by Mr. Escue and unanimously carried
(5-0)
.
CITY COUNCIL, AGENDA
BACK-UP SUMMAPY S11FFT
W"FTING DATE: December 4, 1984
SILIIJECT: Hold a public hearing regarding the proposed
voluntary annexation of 31,027 acres located at
the southwest corner of Ryan Road and Teasley
L,ano (FM 21.81) - (A-8)
SUMMARY: The Planning and Community Development Depart-
ment has received a voluntary annexation
petition for the above subject 31.027 acre
tract. The owner of the tract, Mr, 13, L.
Archer, has submitted a change of zoning request
which if approved will permit 17 acres of single
family land rise, 10 acres of multi-family
cluster }rousing, and four acres of general
retail and neighborhood service land use. The
Planning and Zoning Commission recommended
approval of the change in zoning request at its
meeting of October 24, 1984. The Planning and
Zoning Commission change in zoning recommendation
cannot be forwarded to the City Council until
after final annexation action is taken. Staff
has determined that final annexation action can
be taken by the City Council at its meeting of
February 19, 1985,
RFCOMMENDATION: The Planninp and Zoning Commission recommends
approval,
ALTFRNATIVFS: 1. Approve request and continue process
2. Deny request
FX11IBITS: 1. Map
2, Service Plan
3. Schedule
4. Minutes of Planning & Zoning Commission
r
6mdw;~
David son
Senior Planner
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PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS
ntREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
IMEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation,
NOIV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY
OF DENTON, TEXAS;
Section 1, Pursuant to the provisions of Article 070a 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, 'T'exas,
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 Phan
Annexed Areas
Page' two
F, Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for truffle 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,
T, 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,
aervioe Plan
Annexed Areas
Page three
G, Miscellaneous
(1) Street name signs where needed will be installea
within approximately a months after the effective
date of annexation,
II, Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan thtA is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as;
I
(1) Demand fen 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,
Th: annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation, In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
A-8
REVIsEi) ANNEXATION SCHEDULE
November 121 1984 Submit agenda items
November 13, 1984 Submit agenda back-up
*November 20, 1984 City Council sets date, time and
place for public hearing
November 21, 1984 Notice to Denton Record Chronicle
November 23, 1.964 ?isblish notice a
November 26, 1984 Submit agenda item
November 27, 1984 Submit agenda back-up
*December 04, 1984 City Council holds public nearing
Decetwer 05, 1984 Notice to Denton Record Chronicle
December 07, 1984 Publish notice y
December 10, 1984 Submit agenda item
i
December 111 1984 Submit agehaa bacK-up
*December 18, 1984 City Council holds public nearing
December 31, 1984 Submit agenda item
January 02, 1985 Submit agenda back-up
*January 081. 1985 Special called meeting of City
Council to institute annexation
proceedings
January 10, 1965 Ordinance to Denton Record
Chronicle
January 131 1985 Publish ordinance
February 11, 1985 Submit agenda item
February 12, 1985 Submit agenda back-up
*February 19, 1985 Pinal action by city Counci.i
0832g
P & G Minutas
November 14, 1984
Page 7
C. Make a recommendation to the City Council on the
proposed closing of the intersection of Wye and
tobertson streets.
Mr, Clark stated Wye and Robertson Streets run parallel
up to the railroad crossing at the minor orest of a
small hill. He stated Jackson Street also comes into
Lite intersection leas than 50' to the east. The and
result of all these streets coming together at a rail-
road crossing on a small crest makaa proper intersection
design very difficult. He stated they did not arrive at
a design that would meet AASTO atandar0s, city subdivi-
sion regulations, or good engineaving practice, There-
fore we are recommending the current connection of Wye
and 40bertson at the railroad tracks be closed. Another
railroad crossing exists at Morse and Hill Street only
400 feet to the south. Wye Street, which is not heavily
traveled runs directly to this crossing. He further
stated the work if approved will be accomplished through
the CDBO Robertson Street project at a small costs sav-
ing from leaving the connection.
Mr. LaPorte made a motion to recommend the proposed
closing oG the intersection of Wye and Robertson
Streets, Seconded by Ms. Cole and unanimously carried
(5-0).
D, rMake a recommendation to the City Council regarding
the proposed voluntary annexation of 31,027 acres
located at the southwest corner of Ryan Road and
~e '1 Teasley Lane (FM 2181) (A-8)
u
Mr, r,llison stated this is a voluntary annexation
i~NM1 petition for 31,027 acres located at the southwest
corner of Ryan Road and Teasley Lane (FM 2151). He
stated the owner of the tract, Mr. B.L. Archer, has
submitted a change of zoning regnest which if appproved
will permit 17 acres of single family land use, 10 acres
of multi-family cluster housing, and four acres of
general retail and neighborhood service land use, He
further stated the Planning and Community Development
Department recommends approval of this annexation
request.
Mr. LaPorte made a motion to recommend approval of the
proposed voluntary annexation of 31,027 acres located at
the southwest corner of Ryan Road and Teasley Lane,
Seconded by Mr. Claiborne and unanimously carried (5-0).
E. Make a recommendation to the City Council concerning
the proposed annexation of approximately 5 acres of
land located north of Highway 380 west and adjacent
and west of Mason Branch Road (A-9).
Mr. Ellison stated staff has received a preliminary plat
of a proposed five acre office development which is a
portion of a 69 acre parcel owned by fri-Steel Struc-
tures, Inc. The preliminary plat of the Tri-Steel
Headquarters Addition (five acre office site) has been
reviewed and accepted by the Development Review Commit-
tee and approved by resolution of the City Council.
He stated due to the 16cation'of this proparty'in
relation to the Denton Municipal Airport, the
Development Review Committee requested submission of
a general development plan for the entire parcel. He
stated it has been the practice of the City Council
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE. December 4, 1984
SUBJECT: Hold a public hearing concerning the proposed
annexation of approximately 5 acres or land
located north of Highway 380 Nest and adjacent
and west of Masch Branch Road (A-9)
SUM14ARY: The Planning and Community Development
Department leas received a preliminary plat of a
proposed five acre office development which is a
portion of a 69 acre parcel owned by Tri-Steel
Structures, Inc. The preliminary plat of the
Tri-Steel Headquarters Addition (five acre
office site) has been reviewed and accepted by
the Development Review Committu~i and approved by
resolution of the City Council.
Due to the sensitive location of the Tri-Steel
property in relation to toe Denton Municipal
Airport, the Development Review Committee
requested submission of a general development
plan for the entire parcel, As explained in the
attached letter, definite plans for the entire
69 acre tract have not been formulated. It has
been the practice of the City Council and the
Planning and Zoning Commission to recommend
annexation of parcels in the region of the
municipal airport that are experiencing
development activity. An airport master plan
effort is currently underway and staff is
continuing its policy of encouraging
developments in proximity to the airport that
have little future liability potential insofar
as height, noise, or other potentially negative
considerations are concerned.
The City Council considered the annexation
question at its meeting of October lb, 1984.
Staff was directed to initiate formal anyiex-
ation,proceedings for the entire 69 acres.
Tri-Steel Structures, Inc, has cooperated with
annexation efforts to date and has expressed a
3
Council Agenda ]lack-Up (A-9)
December 4, 1984
Pago Two
SUMMARY desire to have Its prelliininary and final plat
(continued); approved prior to final action in. Irebruary,
1985, The Intent is to begin dovelopmont on t:he
five acre office site Immodiately, Although not
zoned, Tri - Ste(% l S tructures, Inc, has agrood to
a uiaximnrm hofght of two stories for the proposed
office use,
PFCONIMENDATION; The Planni rig and Toning Commission recommends
approval,
A1,TFRNATIVFS: 1, Approve request and continue process
2. Deny request
FXHIDITS : 1, Mn1)
Service Plata
3, Schedule
4, Minutes of.P_lannnina & 2onina Commission
D
avid Ellison
Senior Planner
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CONSULT144 CIVIL KNOININR4
20 Sept 1984
Mr, David Ellison
Senior Planner
City of Denton, Texas
RE: Tri-Steel Addition
General Development Plan
Dear Davidi
The enclosed information is consistent with our understanding of what the
Subdivision Regulations require for a General Development Plan. We have
talked to our client about the specific land uses they anticipatel how-
ever, it is very difficult to plan for the whole 69 acres, since owner-
ship could change before development occurs.
We have studied the Denton Development Guide, which shows Low Intensity
land use for this area. Nevertheless, our client believes that Office
Zoning blends harmoniously with the surrounding Moderate to High Intensity
land use projected for this area in the Guide, and has asked us to pursue
Office zoning for at least the 5 acre lot shown inside tho 69 acre tract
of land,
We believe that due to the unpredictability in the development of the whole
64 acre tract, committing to specific land uses could inhibit the devel-
opment potential of this property, Therefore, we propose Light Industrial
,Sse for the remaining portion of this property, because we regard -a as
toe hialiest intensity use likely to occur here.
The drainage calculations have been modified to reflect the input from the
City Engineering Office.
Please contact us if we may furnish additional information.
Sincerely,
Pabl o
404 CAROOLL BLVD. M lot (a 17) "$-$1U DENTON, TIXAt 74201
i
PLAN OF SERVICE FOR ANNFX1;D AREA, CITY OF DENTON, TEXAS
WHEREAS, Article 070a as amended requires that a plan of service
be adopted by the governing body of a city prior to rassage of an ordie4,%nce
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on it 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 pr)visions of Article 070a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service:
1. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards,
B. Fire
(1) Fire protection by the present personnel and equip-
menu 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 offeative
date of annexation.
Service Plan
Annexed Arent,
Page two
V, Streets
(1) Emergency maintenance of streets (repair of hazardous
ohuckholes, measures necessary for traffic flow, etc,)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in tiro
present city, will begin in the annexed area on
the effective date of annexation.
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city,
G, Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation,
H, Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation, City planning will thereafter
encompass the annexed area,
1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city,
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
Service Plain
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation,
II, Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as;
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city,
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city,
A-9
ANNEXA'T'ION SCHEDULE
November 12, 1984 Submit agenda items
November J.3, 1984 Submit agenua back-up
*November 20, 1984 City Council sets date, time and
place foe public hearing
November 21, 1984 Notice to Denton Record Chronicle
November 23, 1984 Publish notice
November 2b, 1984 Submit agenda item
November 27, 1984 Submit agenda back-up
*December 04, 1984 City Council holds public hearing
December 05, 1984 Notice to Denton Record Chronicle
December U7, 1984 Publish notice v
December 10, 1984 Submit agenda item
December 11, 1984 Submit agenda back-up
*December 18, 1984 City Council holds public hearing
December 31, 1984 Submit agenda item
January 02, 1985 Submit agenda back-up
*January 08, 1985 Special called meeting oI City
Council to institute annexation
proceedings
January 10, 1985 Ordinance to Denton Record
Chronicle
January 13, 1985 Publish ordinance
February 11, 1985 Submit agenda item
February 12, 1985 Submit agenda back-up
*February 19, 1985 Final action by City Council
i
P & G Minutes
November 14, 1954
Page 7
C. Make a recommendation to the City Council on the
proposed closing of the intersection of Wye and
Robertson streets,
Mr. Clark stated Wye and Robertson Streets run parallel
up to the railroad orossin at the minor crest of a
small hill, He stated Jackson Street also comes into
the intersection lase than 501 to the east, Tho and
result of all these streets coming together at a rail.-
road crossing on a small crest makes proper intersection
design veryy dixficult, He stated they did not arrive ikt
a design that would moot AASTO ata.ndarda, city subdivi-
sion regulations, or good ongineer.ing practice. There-
fore,we are recommendingg the current connection of Wyye
and Robertson at the rallroad tracks be closed. Another
railroad crossing exists at Morse and Hill Street only
400 feet to the south. Wye Street, which is not heavily
traveled runs directly to this crossing. He further
stated the work Lf approved will be accomplished through
the CDBO Robertson Street project at a small costs sav-
ing from leaving tie connection,
Mr, LaF'o4K,o made a motion to recommend the proposed
closing of the intersection of Wye and Robertson
Streets, Scannded by Ms. Cole and unanimously carried
(5.0).
h. Make a recommendation to the Cite Council regarding
the proposed voluntary annexation of 31.027 acres
located at the southwest corner of Ryan Road and
Teasley Lane (FM 2181) (A-8),
Mr. Ellison stated this is a voluntary annexation
petition for 31,027 acres located at the southwest
corner of Ryan Road and Teasley Lane (FM 2181). He
stated the owner of the tract, Mr. B.L. Archer, has
submitted a change of xonitg request which if approved
will permit 17 Acres of single family land use, 10 acres
of multi-family cluster housing, and four acres of
general retail and I,eighborhood service land use, He
further stated the Planning and Community Development
Department recommends approval of this annexation
request.
Hr, LaForte made a motion to recommend approval of the
proposed voluntary annexation of 31,027 acres located at
the southwest corner of Ryan Road and Teasley Lane.
Seconded by Mr. Claiborne and unanimously carried (5-0),
X. (Make a recommendation to the City Council concerning
the proposed annexation of approximately 5 acres of
r--~~ land located north of Highway 380 west and adjacent
1JPPpfJJ' and west of Mason Branch Road (A-9).
Mr, Ellison stated staff has received a preliminary plat
of a proposed five acre office development which is a
portion of a 69 acre parcel owned by Tri-Steel Struc-
tures, Inc, The preliminary plat of the Tri-Steel
Headquarters Addition (five acre office site) has been
reviewed and accepted by the Development Review Commit-
too and approved by resolution of the City Council.
He 'stated `due to the locution of this property in
relation to the Denton Municipal Atrport, the
Development Review Committee requested submission of
a general development plan fur the entire parcel. He
stated it has been the practice of the City Council
P A 4 Minutes
November 14, 1984
Yage tl
and the Planning and Zoning Commission to recommend
annexation of parcels in ttta region of the municipal
airport that are oxporienoingS development activity,
An airport master plan offort 1s currently underway and
staff is continuing its policy of encouraging develop-
ments in proximity to the airport that have little
futuro liability potential insofar as height, noise, or
other potentially negative considerations are coocernod,
He stated Tri-Steel Structures has cooperated with annex-
ation efforts to date and has expressed a desire to nova
its preliminary and final plat approved prior to final
act±on in February, 1985, He stated the intent is to
begin development on the five acre office site Wadi-
ataly. He stated although not zoned, Tri-Steel Struc-
tures has agreed to a maximum of two stories for the
proposed office use; staff recommends continuation on
the five acres proposed to be developed.
Ma. Cole made a motion to recommend the proposed
annexation of approximately 5 acres of land located
north of Highway 380 west and adjacent and west of Masch
Branch Road. Seconded by He, LaForte and unanimously
Lcarried (5-0).
F. Make a recommendation to the City Council concerning
the proposed voluntary annexation of 131,761 acres
of Oland located south of Robinson Road and east of
Nowlin Road (A-10).
Mr, Ellison stated this is a voluntary annexation
request for 131,761 acres of land located south of
Robinson Road and east of Nowlin Road) the reposed
Oakmont Developpment, which is located in both Denton
and Corinth, to stated staff, recommends approval of
the voluntary annexation of this request,
Me, Juren made a motion to recommmend the proposed
voluntary annexation of 131.761 acres of land located
south of Robinson Road and east of Nowlin Road,
Seconded by Mr. Escue and unanimously carried (5-0),
G. Make a recommendation to the City Council concerning the
proposed voluntary annexation of approximately 112 acres
located west of I-35E service road and north of Marshall
Road and east of the Topeka and Kate Fe Railway (A-12).
Mr. Ellison stated this is a voluntary annexation re-
quest of approximatel 112 acres located west of 1-35E
service road and north of Marshall Road and east of the
Topeka and Santa Fe Railroad, He stated staff recom-
mends approval of this annexation request,
Mr. Escue made a motion to recommend the annexation of
approximate) 112 aeros located west of I-358 service
road and not h of Marshall )toad and east of the Topeka
and Santa Fe Railroad, Seconded by Ms. Cole and
unanimously carried (5-0).
H. Adoption of Policies of Planning and Zoning Commission,
Me, Ellison stated staff recommends tabling this item
until the next meeting when the director of tie Planning
and Community Development Department can be present to
discuss the policies.
114
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: December 4, 1984
SUBJECT: Hold a public hearing concerning the proposed
voluntary annexation of 131.761 acres of land
located south of Robinsor: Road and east of
Nowlin [toad (A-10)
SUMMARY; The owners and prospective developers, the
proposed 760+ acre 'Oakmont" development
(eneompassos property located in both Denton and
Corinth), have petitioned for annexation of the
above rot-erenced'portion of the overall
development area, An attached map shows the
requested land use6 for the 131.761 acres
involved in this request. The Planning and
Zoning Commission will consider making its
recommendation oil the total development proposal
at its meeting of November 28, 1984 (tentative
scheduled),
.RECOMMENDATION: The Planning and Zoning Commission recommends
approval.
ALTERNATIVE'S; 1, Apdrove annexation request and continue
process
2. Deny request
EXHIBITS: 1. Map
2. Service Plan
3. Schedule
4. Minutes of Planning and Zoning Commission
av son
Senior planner
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PLAN OF SERVICE FpR ANNEXED AREA, CITY OF DENTON, TEXAS
WHEREAS, Article 070a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
Section 1, Pursuant to the provisions of Article 070a 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
booty, will be accomplished under the established
policies of the city,
G, Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc,) will begin in the annexation area
on the effective date of annexation.
H, Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation, City planning will thereafter
encompass the annexed area,
I, Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city.
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc,, on the a:rfec-
tive date of annexation, The same standards and
policies now used in the presen', 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,
Y
Seirvioe' Plan
Annexed Areas
?age three
L4 Miscellaneous
(1) Street name signs where needed will be installed
within approximately a months after the affective
date of annexation,
II, Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as;
(1) Demand for services as compared to other areas
baeied partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city,
(3) Impact on overall city economics,
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city,
A- 10
ANNEXATION SCH&DUGE
November 12, 1984 Submit agenda items
November 13, 1964 submit agenda back-up
*November 20, 1984 City Council sets date, time and
place for public hearing
November 21, 1984 Notice to Denton Record Chronicle
November 23, 19b4 Publish notice v-
November 2b, 1984 Submit agenda item
November 27, 1984 Submit agenda backup
*December 04, 1984 City Council holds public hearing
December 05, 1984 Notice to Denton Record Chronicle
December 07, 1984 Publish notice >>°,,y<""
December 10, 1984 Submit agenda item
December 11, 1984 Subml.t agenda back-up
*December 18, 1964 City Council holds public hearing
December 31, 1984 Submit agenda item
January U2, 19b5 Submit agenda back-up
*January 080 1985 Special called meeting of City
Council to institute annexation
proceedings
January 10, 1985 Ordinance to Denton Record
Chronicle
January 13, 1985 Publish ordinance
February 110 1985 Submit agenda item
February 12, 1985 Submit agenda back-up
*February 19, 1985 Final action by City Council
P & 4 Minutes
November 14, 1984
Page 8
and the Planning and Zoning Commission to recommend
annexation of parcels in the region of the municipal
airport that are ox oriencin8 developmo nt 'activity.
An airport master plan effort is currently underway and
staff Is aontintting its policy of encouesginS develop-
ments in proximity to the airport that have little
future liability potential insofar as height, noise, or
other potentially negative considerations are coneernod.
He stated Tri-Stool Structures has cooperated with annex-
ation offorto to date and has expressed a desire to have
its preliminary and final plat appproved prior to final
action in February, 1985. He eta tad the intent is to
begin development on the five acre office site immedi-
ately. He stated although not zoned, Tri-Stool Struc-
tures has agread to a maximum of two stories for the
proposed office use, staff recommends continuation on
the five acres proposed to be developed.
Ms. Cole made a motion to recommend the proposed
annexation of approximately 5 acres of land located
north of Highway 380 west and ad.facent and west of Hasch
branch Road. Seconded by Mr. La'orts and unanimously
carried (5.0).
F. F Make a recommendation to the City Council concerning
the proposed voluntary annexation of 131.761 acres
of land located south of Robinson Road and east of
P oJt,~ Nowlin Road (A-10).
(\p Mr. Ellison stated this is a voluntary annexation
request for 131.761 acres of land located south of
Robinson (load and east of Nowlin Road, the roppi4sed
Oakmont Developpment, which is located in both Danton
and Corinth. He stated staff recommends approval of
the voluntary annexation of this request.
Mr. Juren made a motion to recommmend the proposed
voluntary annexation of 131.761 sores of land located
south of Robinson Road and east of Nowlin Road.
Seconded by Mr. Escue and unanimously carried (5-0).
0. Make a recommendation to the City Council concerning the
proposed voluntary annexation of approximately 112 acres
located west of I-35E service road and north of Marshall
Road and east of the Topeka and Santa Fe Railway (A-12).
Mr. Ellison stated this is a voluntary annexation re-
quest of approximately 112 acres located west of 1-35E
service road and north of Marshall Road and east of the
Topeka and Santa Fe Railroad. He stated staff recom-
mends approval of this annexation request.
Mr. Escue made a motion to recommend the annexation of
road Uandanorthlof Marshall Road andteastxof5theeTopeka
and Santa Fe Railroad. Seconded by Ms. Cole and
unanimously carried (5.0).
H. Adoption of Policies of Planning and Zoning Commission.
Mr. Ellison stated staff recommends tabling this item
until the next meeting when the director of the Planning
and Community Development Department can be present to
discuss the policies.
CITY COUNCIL AGVNDA
HACK-UI' SUMMARY S111 FT
h1I313T1NC DATr; December 4, 3984
SUBJECT; Hold a public hearing concerning the petition
for annexation of a~proximatoly 112 acres
located west of Ilig way 1-35I, service road,
north of Marshall Road and east of the Topeka
and Sante Fe Railway. (A-12)
SUMMARY; The above referenced"tract is owned by three (3)
individuals that have submitted a petition for
both annexation and zoning, The proposed zoning
is light industrial (LI), A change in zoning
petition cannot be considered by the City
Council until final annexation action is
complete,
RFC0MMBNPATION ; The Planning and Zoning Commission recommends
approval of the annexation reque .
A1.T1iRNATIVFS; 1, Approve petition and contlnue process
2. Deny petition
EXHIBITS; 1, Map
2, Service Plan
3. Schedule
4, Minutes of Planning & Zoning Commission
a
Nov son
Senior Planner
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PLAN OF SERVICE FOR ANNEXED A &i CITY OF DENTON TEXAS
MMOAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
Section 1, Pursuant to tho 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 Flan
A, Police
(1) Patrolling, radio responses to calls, and other
routine pnt,ice services, using present personnel
and equipment, will be provided on the effective
date of `annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards,
B, Fire
(1) fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on 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) tmergeney 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,
(S) 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 deve'r ,,3r1 areas in accordance with the
esta.blishr , I oiicies 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. Flectric Distribution
(1) The city recommends the use of City of Denton for
electric power.
Servipe Plan
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs whore needed will be installed
within approximately S months after the effective
date of annexation,
II, Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as;
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities.
(2) Impact on the balanced growth policy of U e city.
(3) Impact on overall city economics,
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation, In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
I
I
I
i
I
A-12
ANNEXATION SCHEDObS
•
November 12, 1984 Submit agenda items
November 13, 1984 Submit agenda back-up
*November 20, 1984 City Council sets date, time and
place for public hearing
November 21, 1984 Notice to Denton Record Chronicle
November 23, 1984 publish notice q- )if.' e.
November 26, 1984 Submit agenda item
November 27, 1984 Submit agenda uack-up
*December 04, 1984 City Council holds public hearing
December 05, 1984 Notice to Denton Record Chronicle
December 07, 1984 Publish notice
December 10, 1984 Submit agenda item
December 11, 1984 Submit agenda back-up
*December 18, 1984 City Council holds public hearing
December 31, 1984 Submit agenda item
January 02, 1985 Submit agenda pack-up
*January 08, 1985 Special called meeting of City
Council to institute annexation
proceedings
January 10, 1985 ordinance to Denton Record
Chronicle
January 13, 1985 Publish ordinance
February lit 1985 Submit agenda item
February 12, 1985 Submit agenda back-up
*February 19, 1985 Final action by C;ty Council
r
P Q Z Minutes
November 14, 1984
Page 8
,
and the plannin And Zoniu Com~sis4log to reoo"o nd
annexation of pircele in the region of the municipal
airport that are ex originc in development activity.
An airport m4s ter plan of For is currently underway and
staff to continuing its policy of onoouraginaa develop-
ments in proximity to the airport that have little
future liability potential insofar s height, noise, or
other potentially negative considerqations are concerned.
He statedd Tri-Steel Structures has cooperated with annex-
ation a~£orts to date and has expressed a desire cc have
its preliminary r.;%d final plat approved prior to final
action in February, 1985. He stated the .intent is to
begin development on the five acre office site immedi-
ately, He stated although not zoned, Tri-Steel Struc-
tures has agreed to a maximum of two stories for the
proposed office use; staff recommends continuation on
the five acres proposed to be developed.
Ms. Cole made d motion to recommend the proposed
annexation of approximately 5 acres of land located
north of Highway 380 west and ad anent and west of Masch
Branch Road, Seconded by Mr. La orts and unanimously
carried (5.0).
F. -Make a recommendation to the City Council concerning
the proposed voluntary annexation of 131,761 acres
of land located south of Robinson Road and east of
Nowlin Road (A-10).
Mr, 8114 on statedd this is a voluntary annexation
roqusst for 1.31,7 61 sores of land located south of
Robinson Road and east of Nowliu Road, the proposed
Oakmont Daveloppwent, which is located in both Denton
and Corinth. He stated staff recommends approval of
the voluntary annexation of this request.
Mr. Juren made a motion to recommmend the proposed
voluntary annexation of 131,761 acres of land located
south of Robinson Road and east of Nowlin Road.
Seconded by Mr. Escue and unanimously carried (5-0),
G. GMaka a recommendation to the City Council concerning the
proposed voluntary annexation of approximately 112 acres
located west of 1.35E service road and north of Marshall
~T>> Road and east of the Topeka and Santa Fe Railway (A-12).
~p Mr. Ellison sated this is a voluntary annexation re-
quest of approximately 112 acres located west of I.35E
service road and north of Marshall Road and east of the
Topeka and Santa Fe Railroad, de stated staff recom-
mends approval of this annexation request.
Mr, Escue made a motion to recommend the annexation of
approximately 112 acres located vast of I-35E service
road and north of Marshall Road and east of the Topeka
and Santa Fe Railroad, Seconded by Ms. Cole and
1~unanimously carried (5.0).
H. Adoption of Policies of Planning and Zoning Commission.
Mr, Ellison stated staff recommends tabling this item
until the next meeting, when the director of the Planning
and Community Development Department can be present to
discuss the policies.
089014 (44L)
r~
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip.
meat, supplies or services in accordance with the procedures of
state law and City ordinancus; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommenced that the herein described bids are the
lowest responsible bids for the materials fiquipment, supplies
or services as shown in the "Bid Proposals 1I submtttod therefor;
and
WHEREAS, the City Council has go in the City Budget
for the appropriation of funds to be used for the purchase of
the materials, equipment, supplies or services approved and
accepted herein; and
WHEREAS, Section 2.36 (f) of the Code of Ordinancus requires
that the City Council approve all expenditures of more than
$3,000; and
WHEREAS, Section 2.09 of the City Charter requires that
every act of the Council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS;
SECTION 1.
That the numbered items in the following numbered bids for
materials, equipment, supplies, or services, shown in the "Bid
Proposals" attached hereto, are hereby accepted and approved as
being the lowest responsible bids for such items,
BID NUMBER ITEM NO. VENDOR AMOUNT
9352 1&5 TEMPLE, INC. $ 28,650.00
9352 ~2 _ GRAYBAR 16,113.00
9352 3&4 CUMMINS $ 35,139.75
9354 All ATLAS ENGINEERING $ 70,760.00
9355 All BERNARD ASSOCIATES $ 14,430.00
9365 All CASCO INDUSTRIES, INC. 40 016.00
(Continued on Next Page)
SECTION It.
That by the acceptance and approval of the above numbored
items of the submitted bids, the City accepts the offer of the
persona submitting the btda for such items. and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
COST „NUATION SCION IT
BID N_ UMBER 11M 0 VEN R AMOU T
9368 All GATES CONCRETE NRODUCT 9,Oi0,00
9369 All CAMAC STE~G ORKS, INC, 9,851,00
SECTION III.
That should the City and persons submitting approved and
accepted items and of the submitted bids wish to enter into a
foi'mal written agreement as a result of the acceptance, approval,
and awarding of the bids, the City Manager or his designated
representative is hereby authorized to execute the written
contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums
contained in the Bid Proposal and related bid documents herein
approved and accepted.
SECTION IV.
That by the acceptance and apppproval of the above numbered
items of the submitted bids the y Council hereby authorizes
the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this _ ` clay of , 1984.
RICHARD 0. STEWART, MWYOR
CITY OF DENTON, TEXAS
ATTEST:
MAREOTTR , CITY 9ECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY.,
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
DATE OF MEETING: December 4, 1984
COUNCIL AGENDA ITEM 0: Consent
SUBJECT: 810 09352(Revised) STREETLIGHTS
SUMMARY: This bid is for the purchase of streetligqhts and
lamps to replace warehouse stock, The bid was
awarded on November 6, 1984, as recommended, The
using department has notified us of an upcoming
change out program making it necessary to increase
the quantity of items 1, 2, 31 and S. We have
also determined that the bid of Graybar Electric
on Items 3 and 4 do not meet specification. This
award revision is to increase item I, 2, and 3 and to
award item,3 and 4 to the next lowest bidder,
ACTION REQUIRED: Approval by Council and Award of Bid
SOURCE OF FUNDS: Working Capital 1985 Budget Funds
Account 0710-004-0598-8708
RECOMMENDATION We recommend this bid be re-aviarded as listed below
to the lowest bidder meeting specification in the
revised quantity:
01 Temple 400 pcs@47,25 Total $18400,00
02 Graybar 300 pcs@53,71 Total 16,113.00
03 Cummins 400 pcs@82.67 Total 33,068,00
04 Cummins 25 pcs@82,87 Total 2,071.75
05 Temple 600 pcs016,25 Total 9,750.00
Bid Total 579,902,75
EXHIBITS: bulation et
SUBMITTED BY:
Tom b, awl ,M,
Assistant Purchasing Agent
•1p Stwetiiyhte Krft Poleli Neleon Temple Cummins Ore bar
oteal 10/30/84 2100 Davis Co, Dealers
p.m. E Uctri Electric Inc, Supply Electric Electric Flectric
Electric e
trl
11000IJM! 1 710-004.Otlb-A70! Supply supply Co. CO. Supply Supply
,
,
1 400 .$$MS 100 Mott type 2 54,66 NO 9[D 48,80 17,26
' 62,80 63,71 64.38 48.46
1 S ^ Sl06l1 260 tent T 1 ,
V~
/ s4 6!0697 250 watt T I!1 84.69 91D 91 66 1
6 361662 250 Watt 841 h Pressure 17,85 18.66 17.66 16,26 18,8 18.46 16.87 1 ,
DELIVERY 2-66 days 10 days 46 days 8.42 days 14-21 days 3-4MkS 6 de s 2842 de s
O d
CITY COUNCIL AGENDA
BACK-UP SUWRY SHEET
DATE OF MEETING; December 4, 1984
COUNCIL AGENDA ITEM Ordinance
SUBJECT: DID #'s 9354 8 9355 RAW WATER PUMP STATION WITH
VALVES AND CONTROLS
SUMMARY; This bid is for Capital Improvements and Includes
8 MRD pumping unit with necessary connections and
was bid on two different bids because of the
vendors response, We received bids as shown
on the summary attached, This bid was directed by
Freese 8 Nichols.
ACTION REQUIRED; Approval by Council
SOURCE OF FUNDS; CIP 84-WP-3
RECOMMENDATION; We recommend these bids be awarded to the low bidder
as evaluated by Freese & Nichols and reviewed by
the Utilities 8oard, Bid #9354 - Pump Unit to
Atlas Engineering 070,760,00 and Bid #9355 -
Check Valves, etc to Bernard Associates for
$14,430,00 for the total amount of $85,190,00.
EXHIBIT; Memos fro E. Nelson and Freese 6 Nichols
SUBMITTED BY:
J. C. PJ41-
Purch ng Agent
Doce0or 4. 1984
CITY COUNCIL AGENDA ITEM
SUBJECT;
Bid Opening for Capital Im rovements Project (CIP) 84-WP-3,
Raw water Pump Station, Bid #9364 and 09366,
SUMMARY;
The bids were opened on November 60 1984, for CIP project
84-WP-3, and the results are as follows:
Contract 1: 8 MGD pumping unit and motor controller
Inggersoll-Rand $66,193
(disqual fiedw Bid wrong pump)
Atlas En'gineering Inc. 70,760
McGraw Edison-Worthington Div, 1730603
Aurora P µmp 74,018
Peabody F'l oway Inc, 188,303
Peerless Pump $115,687
Contract 2: 14" check valve and ecc. control valve
Bernard Associates 140430
Newman Engineered Equipment 15,138
FISCAL SUMMARY:
Budgeted- 5 Year CIP $1500000
(phase I A II)
Recommend Award- Contract I (Phase I) $70,760
Recommend Award- Contract 2 (Phase I) $14 430
Recommend Award- (Phase 1) Total T8`5"196
Source of Funds: Water Bond Funds
Acct. #623-008-0450-9114
ACTION REQUIRED;
Approval or disapproval of lowest qualified bidder by the
City Council.
RECOMMENDATION:
The Public Utilities Board, at their meeting of 11/14/84
recommended award of Contract 1 to Atlas Engineering, Inc.,
in the amount of $70,760 and Contract 2 in the amount of
$14,430, to Bernard Associates.
Res ectfull
ei~ v
. E. Nelson
Director of Utilities
W . P*se"i i
PIC
rtcIILto Irc, A, 0L
111,
C 0 N I U l t i M 4 I N 4 i N I I R I T I A N. Co0MA,
f. A NTMON~f At~. ►.4,
November 81 1984 WIN *~0gfVMk
"NY N Qti '
.,ti.
Mr, C, David Nand, P.E.
Assistant Director of Utilities
City of Denton
Municipal euildin4
Denton, Texas 76201
` Re3 Raw Water Pumping Unit
and Motor Controller
Contract Award Recommendation
Dear Dave;
Bids were received in your Purchasing Department on November 6, 19841
for Furnishing and Delivering a New 8 MGD Raw Water Pumping Unit and
Motor Controller, City of Oenton Bid Number 9354. Six (6) bids were
received and fifteen (15) copies of a detailed tabulation of the bids
are attached. A summary of the bids is as follows;
Bidder Total Bid Amount
~aYne 8ow~er, Inc. $70,760,00
worthiogton Division- $73,003.00
McGraw Edison Company
Aurora Pump Company $74,018.00
Peabody Floway, Inc. $88,303.00
Peerless Pump Company $115,687,00
Inaersol-Rand Company Bids did not comply
with specifications
The low bid by Layne b Bowler, Inc. was also the lowest bid received
when evaluated for overall pump efficiency during operating conditions.
a l l L A A M 11TREtt I
C. David Ham
Page 2
November 8, 1984
Yhis bid is for Proposal Items 1, 2 and 3, including the raw water
P irg'unit, a witnessed factory test on the unit, and a motor con-
tro ler for the pump.
we recommend that the contract for this equipment be awarded to Layne a
Bowler, Inc, at their low bid amount of $70,760,00,
Please call if you have any questions concerning our recommendation.
Yours very truly,
FREESE AND NICHOLS* INC.
Elvin C, Copeland, P.E.
ECC:bq
Enclosure
xc: R. E. Nelson, P,E.
w
ft R
MI,rA
Almon AMy~~ilit.
C04 U L T I N a I N 0 1 N I I a $
444' P.e
November 8, 1984
Mr. C. David Nam, P.E.
Assistant Director of Utilities
City of Denton
Municipal Building
Oentan, Texas 76201
Re: Raw Water Pump Control Valves
Contract Award Recommendation
Dear Dave:
Bids were received in your Purchasing Department on November 6 1984,
for Furnishing and Delivering a Check Valve and a Pump Control Valve for
the Raw Water Pumping Unit. Two (2) bids were received and detailed bid
tabulations are attached, A summary of the bids received is as follows;
Bidder Total Amount Bid
Bernhard Associates Co., Inc. $14,430,00
Newman Engineered Equipment, Inc. $15,138,00
The valves quoted by Bernhard Associates appear to be in compliance with
the specifications, and we recommend that the contract for this equip-
ment, Proposal Items 4 and 5 in City of Denton Bid Number 9355, be
awarded to Bernhard Associates Co., Inc, at their low bid of $14,430,00,
Please call if you have any questions concerning our recommendation.
Yours very truly,
FREEEESE ANDNICNOl5, INC.
Elvin C. Copeland, P.E.
£CC:bg
Enclosure
xcc., Mr. R. E. Nelson, P,E.
oil LAM AR 1 7R[t7 r0RT WO ATM, TaMA! '1~i02
Public utility ~oerd Minutes
November 14, 1984
Page 4
6. CONSI PPA VAL OF BIDS FOR OVSRSIZZ O SEWER LIN ,'S WITH
~..._.._.~r..... ,
Staff recommended accepttng the difference between the
oversizing to an 18 inch vine and the necessary 12, inch
line needed to service the proposed apartments as submitted
by Albenesius Contracting. Bid submissions were $1920330
and 1154,102 respectively for a difference to be paid by
the City of $38,228,
Mr. Ham reminded the Board that the oversize had been
previously authorized by the Board,
Mr. Thompson made the motion to accept the staff
recommendation to accept the difference of $38,228 to be
paid by the City for the sewer line oversizing and
recommend the City Council adopt the agreements Mr.
Herring seconded the motion. Five "ayes", no "nays",
motion carried,
7. CN$IDER RECOMMENDATION OF LO ST QUALIFIED BID FOR TWO
CON['RAL1S FOR THE RAW WATER PUMP STATION, BID #939 -and
$9355,
Staff recommended award of Contract 1 to Atlas Engineering,
Inc in the amount of $70,760 and Contract 2 in the amount.
of $14,430 to Bernard Associates, the total amount to be
paid from bond funds. The project is a part of the 1984-85
portion of the Capital Improvement Plan.
Ms. Boyd made a motion to approve the lowest qualified
biddersi Contract 1 to Atlas Engineering, Inc,, in the
amount of 00,760 and Contract 2 in the amount of $14,430
to Bernard Associates, the total amount to be paid from
bond funds. Five "ayes", No "nays", motion carried.
8. CONSIDER RECOMMENDATION OF LOWEST QUALIFIED BID FOR PHASE
I, C RION TO INSTALL THE FINISHED WATER PUA-rS--T6
RED RIVER CONSTRUCTION COMP AT $271,700
The staff recommended the project as a part of the 1984-85
portion of the Utility Capital Improvement Plan. The Board
asked about the recommended contractor. Mr. Ham replied
that Red River ConstrLiction Co., had done work for the city
on the Hickory Creek sewer line project, and he had found
them to be reliable and a good company with which to work.
Mr. Coomes made a motion to accept , the bid of the Red River
Construction Company at a total cost of $277,760,00 to be
paid from bond funds and to recommend acceptance by the
Council. Motion seconded by Ms, Boyd. Five "ayes", no
"nays", motion carried.
1
l
CITY COUNCIL AGE11pA
BACK-UP SUf jtY SHEET
DATE OF MEETING: December 4, 1984
COUNCIL AGENDA ITEM 0: Ordinance
SUBJECT: 810 #9365 FIRE HOSE
SUMMARY: This bid is for the replacement of fire hose on
$Oft trucks and Other uses, We replace a portion
each year so we can have a good hose and have
adequate reserves. We sent to six bidders and
received three bids,
ACTION REQUIRED: Approval by Council
SOURCE OF FUNDS: Budget 100-006-0051.9106
RECOfflENDATION: We recommend this bid be awarded for all items
to the low bidder, Casco Industries, Inc, for the
overall total of $10,016,00,
EXHIBIT: T latio Sheet
SUBMITTED BY:
r a ,
jurc ing Agent
i~rti x
,__..,...9365- - _ ,
BID TITLE F1ItE Hn1SE
OPENED. November 20. 1984 22 CAM RIGGS SNAP
INDUSTRIES FIRST LINE TITS HOSE
ACCOUNT 0 100-006-0051-9106 INC. EQUIPMENT INC.
VENDOR _ VENDOR NOR_ _ V DO VE It V UOR VE ADO
!1 TY. IT D5CRZPT
ION
1 14 5" ID 100 Ft. 590.00 625,00 650.00
2 1 Bali Valve 5" x 3 - 2 " 410.00 432,00 431.00
3 1 Connector 2-W x5" 210.00 220.00 '218.00
4_ 1 IQ Degree Elbow N N 141n.00 1430.On 428.25
Female Sw v VxWl 0 165.QQ 164.46
'
6 1 Female Adapter- 5" " 5 0 9, 0 90.90
7 4 Couplings 5"x5" 65.00 66.25 65.55
8 1 $ Danner wrenches set 55,00 59.00 58,65 '
Total 10 016.00 10 585.00 E109927. 35
Deliver 90 Days 46 Days
77
t
CITY COUNCIL AGENDA
BACK-Up SUNMYIRY SHEET
DATE OF MEETING: December 4, 1984
COUNCIL AGENDA ITEM 0: Ordinance
SUBJECT: BID #9368 CONCRETE PLANKS
SUMMARY: This bid is for the purchase of the concrete
planks for the floor,support op'the "West'Wing
Addition" of'the Municipal Building, The planks
are,3'4" wide, 8" thick and In various lengths
totalling approximately 3100 feet.
ACTION REQUIRED: Approval by Council and Award of Bid
SOURCE OF FUNDS: 1984-85 Special Projects Funds Account Number
430 004-020M-9136
RECOMMENDATION: We recommend this bid be awarded to the lowest
bidder meeting specifications of Gates Concrete
Products in the amount of $9s010,001 Fob Denton,
Delivery - wiII be in 21 days after receipt of
purchase order,
EXHIBIT: T lation S Aet
SUBMITTED BY:
om Shaw, , P X,
Assistant Purchasing Agent
SID 1. 9368
DID TITLZ _CoN j=_ELANg
GATES TX1
OPENED Ngyemb4r 27, 19$4 2 CONCRETE STRUCTURAL
PRODUCTS PRODUCTS
ACCOUNT 0 CO,
• VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDO'
Erecast Concrete Planks. 010,00 10 011.00
Delivery 21 Days 45 Da s
CITY ColmcrC AwDA
BACK-UP RO MRY SHEET
DATE OF MEETING, December 4, 1984
COUNCIL AGENDA ITEM Ordinances
SUBJECT; 810 09369 STRUCTURAL STEEL
SUMMARY; This bid is for the purchase of the structural
steel for the con0ruct'ion' of 'the west Kin
Addition" of the Municipal building, The bid
prices also include delivery charges and erection the Steel, The 34 Square$ of deckingtand~7.20stofor ns ofStructural
steel.
ACTION REQUIRED; Approval by Council and Award of Bid
SOURCE OF FUNDS; 1984-86 Special Projects Funds Account Number
430-004-02OM-9136
RECOMMENDATION: We recommend this bid be awarded to the lowest
bidder meeting specification of Camac Steel Works
Inc, in the amount of $9,861,00,
EXHIBIT; 4bulatio eet
SUBMITTED BY;
i w,
Assistant Purchasing Agent
BID ritil.E SrR~C ,any cYpEL
OPENEn Neva r 2y ~oae FALCON FRISCp FS1ES CAMAC
STEEL CO. NOINEERING STEEL CO, STEEL WORKS
ACCOUNT ► ABRICATION INC.
REC'TION CO.
INC.
TY* T VENDOR
VENDOR ;'EMDOR ENDOR VE DO VENDOR VEN
1 StruCtura? Steel 10 666.00 11 64 00 1 g,
Fob Denton
enton Denton Denton
I
Shipment
}
0893L `(44L)
NO.
AN ORDINANCE ACCEPTING COMPETITIVE AIDS AND PROVIDING FOR THC
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS1 PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE
DATE,
WHEREAS, the City has solicited, received and tabulated
competitive bide for the construction of public works or improve-
ments in accordance with the procedures of state law and City
ordinancs; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore; and
WHEREAS, Section 2.36 (f) of the Code of ordinances requires
that tho City Council approve all expenditures of more than
$3,000; and
WHEREAS, Section 2.09 of the City Charter requires that
every act of the Council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY
ORDAINSf
SECTION I.
That the following competitive bids for the construction of
public works or improvements, as described in the "Bid Invita-
tions", "Bid proposals" or plans and specifications attached
hereto are hereby accepted and approved as being tha lowest
responsible bids;
BID NUMBER CONTRACTOR AMOUNT
9358 ALBENESIUS CONSTRUCTION $176,115.50
9364 CALVERT PAVING CO. 115 497.50
SECTION It.
That the acceptance and approval of the above competititve
bids shall not constitute a contract between the City and the
person submitting the bid for construction of suol public works
or improvements herein accepted and approved, unti such person
shall comply with all requirements specified in the Notice to
Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, after notification
of the award of the bid,
SECTION III,
That the City Hanager is hereby authorzied to excaeute All
necessary written contracts for the performance of the
construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms, conditions, plans and specifications, standards,
quantitites and spe^ified sums contained therein,
SECTION IV.
That upon acceptance and approval of tho above competitive
bids and the execution of contrasts for the public works and
improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the
amount As specified in such approved bids and authorized
contracts executed pursuant thft:<'to.
SECTION V.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the day of 19~.
RICHARD 0. 9TEnKT, FRYOR
CITY OF DENTON, TEXAS
ATTEST;
CIMOTTE i UITY AR4
CITY OF DENTON, TEXAS
APPROVED AS TO LEOAL FORM,
JOE D. MORRIS, ACTING OtTi ATTORNEY
CITY OF DENTON, TEXAS
BY:
CITY COUNCIL AGENDA
BACK-UP SUNMRY SHEET
DATE OF MEEI'ING: December 4, 1984
COUNCIL AGENDA ITEM Ordinance
SUBJECT: BID #9358 WATER AND SEWER UTILITY CAPITAL IMPROVEMENTS
SUMf,WRY:
This bid is for CIP Water Lines on Hillcrest,
Crestwood to Wilsonwood, GreeggI Anderson, Texas
and McCormick Streets, Included also is a sewer
line improvement on Fannin Street,
ACTION REQUIRED: Approval by Council and Award of Bid
SOURCE OF FUNDS: Water Bond Funds 623.008-0450-9114
Sewer Bond Funds 624-008-0450 9117
RECOMMENDATION; We recommend this bid be awarded to the lowest
bidder of Albenesius Contracting in the amount
of $176,125.50, The Public Utility Board also
recommends acceptance of this bid,
EXHIBIT: T@ elation S et
SUBMITTED BY:
om aw, _
Assistant Purchasing Agent
BID TITLES WATER EW LINES
OPENED-.., NOV@mb@r 6,_1984 2 p ,m, LOCNESIUS ICKCRSON JAYMAR CALVERT
ONST, 0, CORP. PAVING
ACCOUNT /
LTEM DEMIPTION m VEN E YED_41j^ _ VENDOR ENDOR VENDOR VENDOR VENDO
17
t
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
DATE OF MEETING; December 4, 1984
COUNCIL AGENDA ITEM 0, Ordinances
SUBJECT; BID 09364 LOOP 20 WATER 6 SEWER
UTILITY RELOCATIONS
SUMMARY; This bid is for the relocation of water and 'sewer
utilities for Proposed North Loop 20 from'Highway
380 to Sherman Drive, This bid invitation was
sent to about 15 vendors, but received only two
bids.
ACTION REQUIRED: Approval by Council
:N'OURCE OF FUNDS;
RECOMMENDATION; lie have evaluated this bid and recommend the bid
be awarded to the low bidder, Calvert Paving Co.
for the total of $115,497.60.
EXHIBIT; ulatio heat
SUBMITTED BY:
rcha ing Agent
BID F 9304_ -
RIO TITLE UTILITY RELOCATION/L00P 28B
OPENED. November 20. 1984, 2 n,m, CALVERT DICKERSON
PAVING CO. CONSTRUCTION
ACCOUNT l CO.
YE- _
tYITEM DESCRIPTION
DO VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR -N r- 1 Total Project Price 1150497,60 143,622.00
Bond Bond
0892L (44L)
No.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCOR-
DANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS{ AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, state law requires that certain contr&c is requiring
an expenditure or payment by the City in an amount exceeding
$5,000 be by competitive bids, except in the caso of public
calamity where it becomes necessary to act at once to appropriate
money to relieve the necessity of the citizens, or to preserve
the property of the city, or it is necessary to protect the
public health of the citizens of the city, or in case of
unforeseen damage to public property, machinery or equipa-ent; and
WHEREAS, Section 2,36 (f) of the Code of Ordf,nances requires
that the City Council approve all expenditures of more than
$3,000; and
WHEREAS, Section 2.09 of the City Charter requires that
every net of the council providing for the expenditure of Funds
or for the contracting of indebtedness shall be by ordinance;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY
ORDAINS:
SECTION I.
That the City Council hereby determines that there is a
public calamity that makes it necessary to act at once to
appropriate money to relieve the necessity of the citizens, or
to preserve the property of the city, or to protect the public
health of the citizens of the city, or to provide for unforseen
damage to public property, machinery or equipment, and by reason
thereof, the following emergency purchases of materials,
equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approved;
PURCHASE
ORDER NUMBER VENDOR AMOUNT
64896 CALVERT MOTOR CO. $3,083.43
65863 MARANEY INTERNATIONAL 19.1000,00
SECTION II1
That because of such emergency, the City Manager or
designated employee is hereby authorized to purchase the
materials, equipment, supplies or servicos as described in the
attached Purchase Orders and to make payment therefore in the
amounts therein stated, such emergency purchases being in
accordance with the provisions of state law exempting such
purchases by the City from the requirements of competitive bids.
SECTION 111,
That this ordinance shall becor^m effective immediately upon
its passage and approval.
PASSED AND APPROVED this the V day of ~ 14__.__.
ATCF 570 ; STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
tMOTE ALLEN, CITY SE'CKETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
t CITY OF DENTON, TEXAS
BYl
I
PACE 2
CITY COUNCIL. AGENDA
BACK-UP SUMNRY SHEET
DATE OF MEETING: December 4, 1984
COUNCIL AGENDA ITEM Ordinance
SUBJECT: Purchase Order #64896 CALVERT MOTOR CO,
SUMMARY: This purchase order is for the emergency repair of
the engine in our equipment 02030 as requested by
our Vehicle Maintenance Departmont,
ACTION REQUIRED: Approval by Council
SOURCE OF FUNDS: Budget Repair 8 Maintenance
RECOMMENDATION: We recommend this Purchase Order to Calvert Motor
Co, be approved for payment in the amount of
$3,083,43,
EXHIBITS: Purchase Order
Invoice
SUVMITTED BY:
a ,M,
k4chasg Agent
t
~ Z1lI a, MaKINNtBY ST,
P~IRCHAl~ 44 p~IR iMNTON, TX 701
P, 04Y4BAT 09IOmr' Ci♦ DOCUMENT 1'YF+E
~ CALOGS00 s
CT Moro" COMPANY SHIP T0;
0004 BOX 1905 VEHICLE MAINTENANCE
OE'NTON„ Tx 76QOt CONFIRMATION ONLY
OA NOT OUPLICATE
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID N0,
Ot 7•to 004 r►69a _ LINE AINOUNI
97'b2 t 2030 REPAIR ENGINE
30100000
TOTAL FOR P•0• 3.1b0.00
The City of Denton, Texas is tare exempt • House Bill No, 20.
Reference P.O. Number on all B/L, Shipments and Invoices.
Shipments are F.O.B. Clty of Denton, o as Indicated,
Seed Imroloee TO.-CI Direct All'Inqutrla TO.
216 E. y of MaKInney Dents,, 5t, Bent A, 0*nt aonPayable John J. Marshall, C,P,M, Purcheeing Agent
Wmane e 81716Q68?23 , TX ' 762pt Tom D. Shaw, CAM. Asst. Purchasing Agent
817161384311 D/FW Metro 267.004Q
The WY of Denton Is an equal opport1tnlty employer
.-1~i M.1 r.l U MJpt 1 + r 1'..1. , , _ _
PI C.^ 5659
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~ r.nu .'2...~l~i.-r..'_"".._ L".5 ~ ~11':CY:.'Y:\E ••1.1 :•;"l.~ATii'LCS y'G I~~
» 13 ~R A~+u has all ~~Yafei lord Jlre,(i~ii ey! n Irk 1 r,a sailis i
v c a CALVERT MOTOR C01
Ir- oq P.O. Box 1905 DENTON, TEXAS Mol J104 6. SyCamora
3 r S„ Phone 387"'4571 Melr0 4:14 ".51
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CITY COMCIL AGENDA
BACK-UP SUftRY SHEET
DATE OF MEETING; December 4, 1984
COUNCIL AGENDA ITEM Ordinance
SUBJECT: Purchase Order #66683 MAHANEY INTERNATIONAL
SUMMARY; This emergency purchase order is to repair the
diesel engine in our equipmtne 02004,
ACTION REQUIRED; Approval by Council
SOURCE OF FUNDS; Budget
RECOMMENDATION; We recommend this emergency purchase order to
International approved
amount of the$9repairs
EXHIBITS: Purchase Order
IIce
SUBMITTED BY;
s a C. 6M,
Agent
t
MIS L h"NNISY ST,
PURONAB0`ORDIR DEN~ TON, TX ?Wt
E P, 0. NUMORA DATlNINDOM NO, DOCUMENT TYPE
asfb~f3 1,t1/p1t~s14 C14 3
VENDOR MAH49000
SHIP T0:
MAHANAo INTERNATIONAL VEHICLE MAINTENANCE
ACKINE CONFIRMATION ONLY
NNHY r TX • 75069 DO NOT DUPLICATE
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO, LINE AMOUNI
01 710 004 0598 13710 1 02004 REPLACE ENGINE
9.000.00
ONUMB
TOTAL FOR P.O. 99000600
The City of Denton, Texas is tax exempt • House BIII No, 20.
Reference PA. Number on all K Shipments and Invoices,
Shipments are F.O.B. City of Denton, or as Indicated,
Send Inv010N TO., Direol All Inquiries TO:
City of Denton, Accounts Payable John J. Marshall, C.P.M. Purohasing Agent
Zits E, MoKlnnsy St,, Denton, TX 76201 Tom D. Shaw, O.P,M, Asst. Purchasing Agent
Phone 81171"64=1 81716"11 DIFW Metro 2670042
The City of Denton Is an equal opportunity employer
r A M11T N0, " ORIO If 1'{ON O1Nt IMKR' AMOYMf i ( > , ~1
MAHANAY ~NTNRNATIONAI», INC.
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cirya DENTON, TEXAS MUNICIPAL BUILDING ! DENTON, TEXAS 76201 i TELf:PHONE (817) 566.8200
MEMORANDUM
TOi The Mayor and Membors of the City Council
FROM, Hill Angelo, Assistant to the Director of Public Works
DATES November 26, 1984
SUHJEM RATES FOR COMMERCIAL, SANITATION SERVICE
Please find attached a copy of a proposed amendment to the Code of
Ordinances that would establish new rates for commercial sanitation
services provided by the City, Also, I have included for your review a
comparison of the proposed the current rates for Commercial Collection
service and the percentage increase for each specific level of service.
In add+.tion, I have included a compar.iaon of the proposed rates and the
rates bid by Texas Waste Management for the same levels of service in
October 1983.
The proposed amendment would establish specific charges by ordinance for
specific types and frequencies of service; whereas, the original ordi-
nanco established only that charges for service were not to exceed the
cost to the City plus ten percent. The improved specificity in the
amendment is made at the suggestion of the City Attorney.
The rates set forth in this amendment were based on a thorough study of
Departmental costs. These, of course, included normal operation ex-
penses, but for the first; time, the division was assigned cost for the
financing and depletion of the new landfill. This had a marked effect
on the new revenue requirement and, hence, the need for rate increases.
Two, three, and four yard dumpster'ratus are proposed to increase from
twelve to twenty percent, depending upon service level. The average
increase in this category is about thirteen percent,
Roll-off container service pertains to the category ranging from twenty
cubic yards to forty-two cubic yards in size.. This category required
RATES rOR COMMERCIAf. SANITATION SERVICE
November 26, 1984
Paga 2
nearly a one hundred percent increase to be fully self-supporting, but
in the interest of preserving positive customer relations, the porcant
increase is held to about a fifty porcont average. The remaining fifty
percent increase will be recommended next year, tit which point the
service will be financially self-supporting and yet the rates will still
be lower than those of our competitors,
As you may recall, these proposed rates were dioc.ussed with the C(' :ncil
during the budget work shops and are expected to satisfy this year's
revenue requirement of $623,000 for the Commercial Division of the
Sanitation Lund, Staff, therefore, recommends your approval of this
proposed amendment.
Respectfully submitted,
Si'~ 1 A el ~
Assistr.tit to the Director
of Public Works
BA/If
sw3
MONTHLY COST rOR DUMPSTER SERVICE
TWO YARD DUMPS ER
PICK-Up/Wn' K CURRENT PROPOSED CHANCE;
1 $11.76 $ 13.20 128
2 18.29 20.64 138
3 24.82 28.08 41%
4 31.36 35.52 13%
5 37.89 42.96 134
6 44.43 50.40 13fi
7 50.97 57.84 13%
THREE YARD DUMPSTPR
1 $15403 $ 16.71 114
2 24.82 27.66 118
3 33.32 38.61 168
4 41.81 49.56 194
5 50.63 60.51 208
6 59.46 71.46 208
7 68.29 82.41 21%
POUR YARD DUMPSTER
1 $17.96 $ 20.44 14%
2 31.02 35.12 138
3 43.78 49.80 lilt
4 56.85 64.48 13A
5 69.91 79.16 1.38
6 82.65 93.84 14%
7 95.71 108.52 138
Sw3
MONTHLY COST FOR ROLL-OFF SRRVICr
12 YARD COMPACTOR
1) 3CK-UP {VELY CURRENT PROPOSED 4 CHANGE
1 $ 3.74.96 $ 240.52 374
2 267,84 402.20 504
3 360,72 563.88 564
4 453.60 725.56 604
5 546.48 887,24 624
6 639,36 11048,92 644
15 YARD COMPACTOR
1 $ 188.95 $ 259,24 374
2 288.79 437,69 524
3 388.64 616.14 594
4 488,48 794.59 634
5 588.33 973,04 654
6 688.18 1,151.49 674
20 YARD COMPACTOR
1 $ 220.69 $ 313,41 424
2 349.90 528.41 514
3 479.12 743.41 554
4 608.33 958,41 584
5 737.55 1,173.41 594
6 866.76 1x388.41 604
MONTHLY COST P'OR R014L-01'1' SERVICE
Pago 2 +
25 YAW COMPACTOR
PICK-UP WEEK CURRENT PROPOSED 8 CITANGE
1 $ 251,85 $ 356.41 422
2 405,10 614,41 524
3 558.36 872.41 562
4 711,61 1,130.41 592
5 864.86 1,388.41 612
6 1,018.11 11646,41 522
30 YARD COMPACTOR
1 $ 0.00 $ 448.40 N/A
2 0,00 758.00 N/A
3 0.00 11067.60 N/A
4 0.00 1!377.20 N/A
5 0.00 1,686,80 N/A
6 0.00 11996.40 N/A
42 YARD COMPACTOR
1 $ 418.77 $ 584.87 402
2 662.58 1,009,88 523
3 906.39 11434.89 582
4 10150.20 1,859.90 622
5 1,394.01 21284.91 642
6 11637.82 2,709.93 652
MONTHLY COST FOR ROLL-OFF SERVICT:
Page 3
20 YARD OPEN TOP
PICK-UP/WHEK CURRENT PROPOSED 8 CHANGE
1 $ 200.77 $ 289.56 448
2 354.02 543,26 538
3 507.28 796.96 578
4 660,53 11050.66 598
5 813,78 11304.36 608
6 967,03 1,558.06 618
30 YARD OPEN 'POP
1 $ 0.00 $ 348.11 N/A
2 0.00 657,71 N/A
3 0.00 967.31 N/A
4 0.00 10276,91 N/A
5 0.00 11586,51 N/A
6 0.00 11896,11 N/A
40 YARD OPEN TOP
1 $ 287.87 $ 408,43 428
2 522.82 773.93 488
3 757.78 1,139.43 508
4 992.73 11504,93 528
5 11227.68 10870.43 528
6 11462,63 21235,93 538
mlm~
COMPARISON BETWEEN DENTON PROPOSED RATES
AND TEXAS WASTE MANAGEMENT BID RATES
AS OF OCTOBER 16, 1983
DUMPSTERS
2 YARD DUMP STER
PICK-UPS/WEEK DENTON TEXAS WASTE MMGMT. 9 UIIPIPERENCE
1 $13,20 $ 15,00 129
2 20,64 28.00 269
3 28.08 40.00 309
4 35.52 53,00 339
5 42,96 66.00 359
6 50.40 78,00 359
3 YARD DUMPSTER
1 $16,71 $ 20.00 169
2 27,66 36,00 239
3 38,61 53.00 279
4 49.56 70.00 299
5 60.51 87,00 309
6 71.46 104.00 319
4 YAP.D DUMPSTBR
7- $20.44 $ 28.00 279
2 35.12 54.00 359
3 49.80 79.00 379
4 64,48 105.00 399
5 79,1.6 130.00 399
6 93.84 155.00 399
COMPARISON BETWEEN DENTON PROPOSED RATES AND
TEXAS WASTE MANAGEMENT AID RATES AS OF OCTOBER 16r 1983
Page 2
ROLL-OFG
CONTAINER DENTON TWM 8 DENTON TWM 9
SIZE RENT RENT DIFFERENCE COST/PULL COST PULL DIFFERENCE
12 Yard Compactor $ 78.84 $ 82.08 49 $37.60 $109.50 G69
15 Yard Compactor 80.79 89.10 99 41.50 113.55 639
20 Yard Compactor 98.41 91.47 -79 50.00 120.30 589
25 Yard Compactor 98.4.1. 98.60 09 60.00 127.05 539
30 Yard Compactor 138.80 0.00 N/A 72.00 0.00 N/A
42 Yard Compactor 159.85 225.00 299 98.84 150.00 349
20 Yard Open Top 35.86 47.52 259 59.00 120.30 519
30 Yard Open Top 39.51 0,00 N/A 72.00 0.00 N/A
40 Yard Open Top 42.93 52.92 1 99 85.00 150.00 439
4'988L
No.
•
AN ORDINANCE AMENDING CHAPTER 12, SECTION 12.20, OF THE CODE OF
THE CITY OF DENTON RELATING TO COMMERCIAL SANITATION RATES;
REPEALING ALL ORI.INACES IN CONFLICT) AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL 6F THE CITY OF DENTON, TEXAS, HEREBY ORDAINS1
SECTION I.
That Section 12-20 (a) and (b) of the Codo of Ordinances of
the City of Denton are hereby amended to road as followsi
(a) The charge of the collection and removal of garbage,
trash, and rubbish from premises used for business,
commercial, or institutional purposes shell be based upon
the size, type, and number of containers in use at such
establishments and the frequency with which such containers
are scheduled to be serviced by City collection personnel.
The following rates shall apply for the container sizes
given below;
RENT SERVICE CHARGE
Type PER 30 DAY PERIOD WEEKLY-PER 30 DAY PERIOD
2 Yard Dumpater $ 5.76 $ 7.44
3 Yard Dumpater 5.76 10.95
4 Yard Dumpater 5.76 14.68
20 Yard Open Top 35.86 253.70
30 Yard Open Top 38.51 309.60
40 Yard Open Top 42.93 365.50
12 Yard Compactor 78.84 161.68
15 Yard Compactor 80.79 178 45
20 Yard compactor 98.41 215.00
25 Yard Compactor 98.41 258.00
30 Yard Compactor 138.80 309.60
40 Yard Compactor 145.00 365.50
42 Yard Compactor 159.85 425.01
(b) The rental or service charge for other commercial waste
disposal and collection sprvices not provided for above, may
be provided upon the approval of the Director of Sanitation at
a coat not to exceed the actual cost plus ten (10) povicent.
SECTION II.
That all ordinances or parts of ordinances in force clien the
provisions of this ordinance become effeaf;ive which are incon-
sistent or in conflict with the terms or provisions contained in
this ordinance are hereby repealed to the extent of any such
conflict.
SECTION Ill,
That this ordinance shall boeome oi'fectivo upon passage,
PASSED AND APPROVED this the day of , i984,
r ; FOR—
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON,,TEXAS
APPROVED AS TO LEGAL. FORM:
ORNEY
CIT4 ON DENTON, TEXAS
f
wry of DENTON, TEXAS MUNICIPAL BUILDING / DI NTON, TEXAS 7620? / TEL EPNONI. (817) 566.8200
M E N 0 R A N D U M
TO: Betty McKean, Assistant
City Manager
FROM: Kathryn Usrey, Director
Personnel/Employee Relations
DATE: November 28, 1984
SUBJECT: TMRS Ordinance
The ordinance authorizing increased municipal contributions and supplemental
death benefits for the Texas Municipal Retirement System (TMRS) has been
placed on the Council Agenda for December 4, 1984, The City Council
authorized this benefit addition in the Fiscal Year 84/85 Budget, This
ordinance represents the implementation of that benefit. We are very pleased
to be offering employees these improvements'to the retirement program.
Following is a description of each benefit:
1, Increased Municipal Contributions - Currently the city
con r u ion is no hundred "ty percent (150%) of the
employee's deposits. Only employees who are vested and eligible
to retire under TMRS rules receive the benefit of the City's
contribution. Employees who retire under the TMRS System would
receive the benefit of their own contributions at five percent
and the equivalent of a city contribution of ten percent. By
adoppting this ordinance the municipal contribution will increase
to ta,o hundred percent (200%) for a contribution ratio of two to
one. Currently 150 other cities in Texas have a 2-1 contribution
ratio,
2. Supplemental Death Benefit - This benefit will pay the designated
ene c ary oT a me er w o dies while still in the City's
employment (or to`his or her estate in the event no beneficary is
designated), a benefit that is approximately equal to the
member's current annual salary. A member's current annual salary
for this purpose is the the amount actually paid to the employee
as compensation for services and on which contributions were
made to the System during the twelve calendar months prior to the
month of death..; If compensation was paid for a lesser period of
time the compensation actually paid is converted to a annual
basis to determine the curreni', annual salary,
Pag0 2
November 2,8, 1984
TMRS Ordinance
This benefit also pprovides for a cash benefit of $2,500,00 to be
paid upon the doath of a retired employee who was last employed
as a member of the City of Denton. Currently there are 252 other
cities in Texas offering this benefit,
The addition of these two benefits increases the City's actual monthly
contribution rate to 5,75 percent effective January 1, 1984,
Should you need additional information regarding these benefits or this
ordinance, please feel free to contact me.
i
'Kathryn s6ey 4RRelati r
Personnel/Employee s
KU/ch
2255P/OOSOP
0940L
NO.
AN ORDINANCE PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO
THE CURRENT URVICE ANNUITY kESERVE AT RETIREMENT OF THE
EMPLOYEES OF THE CITY OF DENTON, TEXAS; PROVIDING FOR
PARTICIPATION OF THE CITY IN THE SUPPIZIENTAL DEATH BENEFITS
FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM, TO PROVIDE
CERTAIN IN-SERVICE DEATH BENEFITS FOR EMPLOYEES, AND DEATH
BENEFITS FOR ANNUITANTS WHOSE LAST EMPLOYMENT BEFORE RETIREMENT
WAS WITH THE CITY OF DENTON, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
WHEREAS, the City of Denton is a municipality participating on
a full-salary basis in the several programs presently operated by
the Texas Municipal Retirement System; and,
WHEREAS, the City Council is of the opinion that it is in the
beat interest of the City that employees and annuitants whose last
covered employment under the System was as an employee of the City
shall participate in the Supplemental Death Benefits Fund operated
by said System; now therefore,
SECTION 1.
That effective January 1, 1985, the City of Denton hereby
elects to participate in the Supplemental Death Benefits Fund of
the Texas Municipal Retirement System for the purpose of providing
in-service death benefits for each of the City's employees who are
me,nbers of said Sysl:em9 find for the purpose of providing
post-retirement death benefits for annuitants whoso Last covored
omploymeut was as an employee of the City, in the amounts and on
the terms provided for in Sections 62.004, 64.601 through 64.605,
65.314, 65.409, and 65.502 of Title 110B, Revised Civil Statutes
of Texas, 1925, as amended.
SECTION It.
That ei.`.ective January L, 1985, for each month of current
service thereafter rendered by each of its employees who are
members of the Texas Municipal Retirement System, the City will
contribute to the current service annuity reserve of each such
member at the time of his or liar retirement, a sum that in 200% of
such member's accumulated deposits for such month of employment;
and said sum shall be contributed from the City's account in the
municipality accumulation fund,
SECTION III.
That the City of Denton is hereby authorized and directed to
notify the Director of the System of adoption of this ordinance,
and of the participation of the City in the Supplemental Doath
Benefits Fund.
SECTION IV.
That this ordinance shall become effective on the 1st day of
January, 1985.
PASSED AND APPROVED this tho day of 1984.
M)URID 0. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST
CIMLOTTE ,
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORD:
JOE D. MOKRIS~ A TJNG CITY A TOMY
CITY OF DENTON, TEXAS
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NO
AN ORDINANCE ACCEPTING THE DEDICATION BY DEED rROM JEWELL H. OWEN
PARHAM AND ROBERT H. PARHAM, OF CERTAIN REAL PROPERTY SITUATED IN
THE MARY L. AUSTIN SURVEY, ABSTRACT NO, 4, DENTON COUNTY, TEXAS,
AND RECORDED IN VOLUME 832 PAGE 83 OF THE DEED RECORDS OF DENTON
COUNTY TO THE CITY OF DENTON, TEXAS, FOR THE USE OF SAID PROPERTY
AS A PUBLIC STREET AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
The City of Denton, Texas, hereby aceopts the conveyance and
dedication by deed from Jewell M. Owen Parham and Robert H.
Parham, of that certain real property situated in the Mary L.
Austin Survey, Abstract No. 4, Denton County, Texas, and recorded
In Volume 832, Page 83 of the Deed Records of Denton County to the
City of Denton, Texas, for the use of said property as a public
street and for utilities, said property being more particularly
described an follows;
All that certain tract or parcel of land situated in the Mary L.
Austin Survey, Abstract 41 Denton County, Texas, being a part of a
certain (called) 13.766 acre tract deeded by Betty J. Stallings et
vir to Robert H. Parham, at ux on the 7th day of April, 1977
recorded in Volume 832 Page 83 Deed Records of said County, and
being more Cully described as followat
COMMENCING at the northwest corner of a 3.8 acre tract described
in a deed from Betty J. Stallings, at vir, to Robert H. Parham, of
ux, on April 71 1977) recorded in Volume 832, Page 83, Deed
Records of Denton County, Texas on the west line of said Austin
Survey, same being the east boundary Line of the W. Teague Survoy,
Abstract 1266 in center line of Woodrow Line and south
right-of-way of Spencer Road;
THENCE south 49°38'56" east a distance of 57.26 feet to an iron
pin in right-of-way of Woodrow Lane and south right of way Spencer
Road;
THENCE north 01°52'56" east a distance of 75.75 feet to an iron
in in north right-of-way of Spencer Road and east right-or-way of
Woodrow Lane to the point of beginning;
THENCE north 50°30'00" west a distance of 49.57 foot to an iron
pin in the center line of Woodrow Lane;
THENCE north 02°33'22" east in the center line of said Woodrow
Lane a distance of 116.73 feet to an iron pin;
THENCE south 88°07'05" east a distance of 37.89 feet to an iron
pin in east right-of-way of Woodrow Lane;
THENCE south 01°52'56" west with the east right-of-way of Woodrow
Lane a distance of 146.98 feet to the point of beginning and
containing 0.1170 acres of land.
All that certain tract or parcel of land situated in the Mary L.
Austin Survey, Abstract 4, Denton County, Texas, being a part of a
certain (called) .3.8 acre tract deeded by Betty J. Stallings et
vir to Robert H. Parham, at ux on the 7th day of April, 1977
recorded in Volume 832,' Page 83, Deed Records of said County, and
being more fully described as followai
BEGINNING at the northwest corner of a 3.8 acre tract on the west
boundary line of said Austin Survey, same being the east boundary
line of the W. Teague Survey, Abstract 1266 in center line of
Woodrow Lane;
THENCE south 49°38 56" east a distance of 57.26 foot to an iron
pin in east right-of-way of Woodrow Lane and south right-of-way
Spencer Road;
THENCE south 01052'56" west along east right-of-way u£ Woodrow
Lane a distance of 63.36 foot to an iron pin;
T%NCE around a curve to the right having a central angle of
10 05'27 longth•93..343 foot, tangent•46.792 feet and chord south
83°04'21 east a distance of 93.222 feat to an iron pin in south
right-of-way of Spencer Road;
THENCE south 50030100" east along south right-of-way of Spencer
Road a distance of 244.95 feet,, to an iron pin;
THENCE around a curve to the left having a central ane of 37037'
05" length+308.583, tangent-160.084 and chord north 6101813311 west
a distance of 303.070 feet to an iron pin in east right-of-way of
Woodrow Lane;
Lane VENCE distancce0of1 1219,35s feet along to the iron right-of-way of Woodrow right-
of-way of the M.K.T. Railroad;
THENCE north 60000'00" west a distance of 44,98 feet to an iron
pin in the cantor line of Wood ,ane on WaAt boundary line of
said Austin Survey;
THENCE survey linel~aldistanceoof t 26alon center 3.48 feet to of the i point road and on said
and containing 0.4608 acres of land.
SECTION II
The City of Denton hereby accepts the conveyance and
dedication of the real property described in Section I iereof for
the purposes of a public street and for utilities.
SECTION III.
The Planning and Zoning Commission of the City of Denton is
hereb dedicated berdesignated dasoatpublic street ~oon real the Official. Map herein
the City of Denton, Texas,
SECTION IV.
That this ordinance shall become affective immediately upon
its passage and approval.
PASSED AND APPR04ED this the day of , 1984.
CI'CY OF DEN'CC;4, TEXAS
ATTRST;
CITY OF DENTON, TEXAS
APPROVE11 AS TO LEGAL FORMi
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON$ TEXAS
BY:
pN1___
x
rITHE R AU OF TEXtl KNOW AYE M BY TOM' extsam>
COUNTY OF DENTON
i
Thai Jewell M, Owen Parham and husband, Robert 11, "arham
t of the County of Denton sad State of Texas for and In consideratlon of
the sum of _-------TEN AND NO/100 (!110,00)-,---------------- DOLLARS,
to them InhandWdbr tits City of Denton, Texas, A. tdunicipal Corporation
of the County of Denton and Stale of Texas , the welpt of which
Is hereby acknowledged, do, by these presents, HARCAIN, SELL, RELEASE, AND FOREVER
QUIT CLAt5I unto the said City of Denton, Texas, a FhmIoipal Corporation,
its succossors
*014n, assigns, all their right title and Interest in and to that certaln tract or par.
cel of land lying In the County of Don ton And state it Texas, de r14N as ~lowt
to-wit, All that certain tract or parcel Of land sltuatad n to Mc L.
Austin Survey, Abstract 4, Denton County, Texas being a part of a certain
(cal Led) 3,8 acre tract deeded by Betty J, Stallings at vi.r to Robert H.
Parham, at ux on the 7th day of April, 1977 recorded it1 Volume 832 Page
83, peed Records of said County, and being more fully described as follows:
BEGINNING at the northwest corner of a 3.8 acre tract on the west boundary
line of said Austin Survey, same being the east boundary line of the W.
Teague Survey, A~istract 1266 in center line of Woodrow Lane;
THENCE south 49 38156" east a distance of $7,26 foot to an "iron pin in
east right-of-way of Woodrow Lane and south right-of-way Spencer Road;
THENCE south 052156" west along east right-of-way of Woodrow Lane a
distance of 63.36 feet to an iron pin;
THENCE around a curve to the right having a central an lg of 10°05'27"
length-93,343 feet, tangent-46.792 feet and chord south 83 04'21" east a
distance of 93.222 feet to an iron pin in south right-of-way of Spencer
Road;
THENCE south 50°30'00" east along south right-of-way of Sponear Road a
distance of 244.95 feet to an iron pin;
THENCE. around a curve to the left having a central angle of .37°37'05"
length-308.583, tangent-1604084 and chord north 69°18'33" west a distance
of 303.070 feet to an iron pin in east right-of-way of Woodrow Lane;
THENCE south 01°52'56" west along the oast right:-of-way of Woodrow Lane a
distance of 129.35 feet to an iron pin in cho north right-of-way of the
M.K.T. Railroad'
THENCE north 60400'00'! west a distance of. 44.98 feet to an iron pin in the
center line of Woodrow Lane on west boundary line of Gaid Austin Survey;
THENCE north 01°46'55" east along center of said road and on said survey
line a distance of 263.40 feet to the point of beginning and containing
0.4608 acres of land.
TO RAVE AND TO HOLE) the said premises, together with all and singulei the rights, priri•
loges xnd nppnr enances thereto In any manner belonging unto the said City of Deliton, Texas,
a Slut,icipal Corporation, its suoaessors
ltMis and wigns, tower, so that neither the oak
Jewell S1. Owen Parham and husband Rohert 4, harhpm, thofr
mar heirs, nor any person or persons clalming under them shall, at any time hereafter,
have, claim or demand any right or title to the Aforesald promises or appurtenances, or any part there.
of,
t WI'TNEM our hand at Denton, Texas
this 90th
day of October A, D. ;B q
1
Wltneeaea at Request of Cranterl
J F: PARHAM
~ 1
, i
THE ftAT OF TEXAS 81NOLB AC1iNQ'9VI.FWMENT
BEFOAF) XE, the ur,deruigned auihority,
In and (or o Id CoSrly, plIx". on this day personally apMlted JtC WQI.a.._.M.1 , .QWf.n.-R8. 'h..%M _Airil husband
Robert R, Parham_
known to me to be the Wools whom name a are aubactibed to the foregoing Instrument, and acknotale IA0 to me thnl
the v executed the seine for the purports and consideration therein expressed,
MM 1
011'E N SNIDER MY HAND AND SEAL OF OFFICE:, This C I » day off, (,O i14XE r- , Ady. 14 84
LM low
M" M11, IMesef iaau Notmy } Ilc, Uenton County, Texos
_ 006% R. 1. 11Hy Cdlnnlllelor, r."Ifes June I 1991y
SINGLF ACKNOR'LEDOWERT
THE STATE OF TEXAS, } MOM. ME, the undersigned oulhorlty,
COUNTY OF
in and for snid County, Texas, on this day personally appeared
known to nie la be the Pe renn whose name subscribed to the foregoing Instrument, and ncknowfe0od lei me that
ha rseoutot the rm„r for thr pu!;1nse3and QUnetdetnllPn therein e%pressed011'EN VNIWX MY yfANn AND REAL Or OFFICE. Thla dnl' of A.P. IV
Nulnty Public, county, Tnxos
My Commission Ciplies Junk, I, IP
CORPOR TIO AC OWL 0 MENT
THE STATE OF TEXAS, 1f 0:1PORE ME. the undersigned aulharllp,
COUNTY OF.
In and for said County. Terri, on this dsy mrsonally appeared,........
- - knasn to me to be the person and officer
whose nnmt Is subecribtd to the foregoing I s rurneni and uknorvltdYed to it lhaI the some was tho act of the sold
a n M F polo and eonikleriUon cerotntlon, end that hr executed the eamr as the ael of rush cor reUon for the »r lhireln
txPreastd, and to the caPaeity lhereln state)
011'EN t'NIIEII MY HAND AND SEAL OF OFrICE,'rhis .....................Lilly oL._._........_......._._..,,..., A.D. 19__..
f L.5.1
Notary rubRe, County, Texas
_ y Commission Explrts Julia 1 19
CORK'S CERTIPICATF
THIS STATE OP TEXAS, I County
COUNTY Oy
Clerk of the County Cnurt of said county, do hereby eerllfy that the foregoing instrument of wrlling datod on the
Jsl' of A. D. 19 , wllh Ila Certificate of Authontleolion, wns filed for
record in my oflies on the Lilly of , A. D. Li Ill Weleek 1t., and duly
recorded We day of A. D. 10 ni o'Anek M., In the
Rerotds of said County, Iii Volume on pages
WITNESS MY PAND AND SEAI. OF THE COUNTY VOL'f1T of raid County, nt fllce in
_ , the day and yra,r loft ahwo wrilton.
County Clerk County, Trxnr
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THE STAB` OF TEXAS,
COUNTY OF DENTON WOW ALL MEN BY THEM MtiWMi i
I That Jewell M. Owen Parham and husband, Robert H. Parhan,
of the County of Denton cad state of Texas for and in considmtloo of
the sum of
I AND N01100 ($10,00)------------- _..-----DOI.I.ARS,
to them inhandpaldby The City of Denton, Texas, it Munieipnl Covporat toll
of the County of Denton mild State of Terns , the receipt of which
is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND NORRIIER
QUIT CLAIM unto the said City of Don ton, Texas, a l1tinIC1paI Corporation,
its successors
kelps anti assigns, all their right title and Interest in and to that certain tract or par.
col of land lying in the County of Oon toil and State of Texas, described ms follows,
to-wit; All that certain tract or parcel of land situated in the Mary L.
Austin Survey, Abstract 4, Denton County, Texas, being a part of a certain
(called) 13,766 acre tract deeded by Betty J. Stallings at viv to Robert
H. Parham, ut ux on the 7th day of April, 1977 recorded In Volume 832 Page
83, Deed Records of said County, and being more fully described as follows;
COIDIENC1NG at the northwest corner of a 3.8 aert, tract described Ln a deed
from Betty J. Stallings, at vtr, to Robert H, Parham, at ux, on April 7,
1977, 'recorded in Volume 832, Page 83, Deed Records of Deocoti County, Texas
on the west line of said Austin Survey, same being the east boundary line
of the W. Teague Survey, Abstract 1266 in center line of Woodrow Lano and
south right-of-way of Spencer Road;
THENCE south 49°38'56" east a distance of 57.26 foot to an iron pin in
right-of-way of Woodrow Lane and south right of way Spencer Road;
THENCE north 01°52'56" east a distatwe of 75.75 feet to an iron pin in
north right-of-way of Spencer Road and east right-of-way of Wuodvow Lane
to the point of boginiiing;
THENCE north 50°30'00" west a distance of 49.57 feet to an iron pin in the
center line of Woodrow Lane;
THENCE north 02°33'2')." east In the center line of said Woodrow Lane a
distance of 116.73 feet to an iron pin;
THENCE south 88°07'05" east a distance of 37,89 feet to an iron pin Ln
east right-ef-way of Woodrow Lane;
THENCE south 01°52'56'" west with the east right-of-way of Woodrow lane a
distance of 146,98 feet to the point of beginning and containing 0,1170
acres ohdIIWE An TO HOLD the said premises, together with all and singular the rights, privi,
leges and appurtenances thereto in any manner belonging unto the said City of Denton, Texas,
Its successors or
i,shusnduseigw, forever, so that neither the said
Jewell M. Owen Parham and husband, Robert it. Parham, their
to heirs, not any person or persons claiming under t hem shall. At any time hereafter,
have, claim or demand any right or title to the atoretaid premises or appurtenances, or any part there
oG
WITNESS our hand at Denton, Texas this 30th
day of October f', ~A, D. Ml
J~ Wi!nerw at Requart of Grmntori
PA
)#ALL tit, OW
,
1 STAT>A OF TVXAS, SINal K ACKNOWLMMKNT
1aTJ3rA.
i
t;UVN1" OF UNT-0-N I BEFORE Mr, ova ml 14'algned authority
II, and for J414 County, 10 ro. I this day petsonaily appeased JO NIf 1-I....f'4,..,Qwe,n.. Pa.rhoA And `tuobarid
Rc
known to me I9 lie the person s reheat name s are xubaerlbed to the foregotng Instrument, and aehnowdedaed In me that
fhp 'N, execulyd tho Irvine fez the pmgoscs and Qonlldt,'lton therein txpreeeed. L
01PEN C t NI 1' IIAN1) A'llt 8EA1, OF OFFICE:. k. dny ~~tr}f 1 A,). ID 84
i L "A r 4tM t01r14E
y.~ ~hIM,tMaIsysm Notmyl,9.:,e. pen toll County,Toxas
laOYM YM 19 my Cominiatun Expires Juno I, IP't ,
SINGLE ACKNOWLEDGMENT
THE STATE OF TEAS, 1
CoVNT1' of I BEFORE W% aw undorslgued authority,
In and for sold County. Tenon, on Ihls dny prrsnnally nppested
known to me to be thr person whose namo s,r ibed In the fmcgoing Inellxlmenl, and ncknowledged to me Ihol
be exrctnrd the sill. f,a the pwpose., will c!nsidernt,oo therm, exprcrscil.
OWEN 1'Nnl'it }I 1' }f %-\'JIl A\h 5CA1. Oa' omer, 1'hit ,lay of A.D, ID
Nwloty Public. County Texn,
fly ComnlGsion 1:.epi1rv Juno 1. IP
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS. ~ BEFORE NIE, the undersigned authority,
COVNTT or
in And for sold County, Taxns. on this day pareonally appoafed._,........_„._,._.
whnsu nnnic It xuhaCrihr.f iv tbt (orogoing Instrument " 'o' known to mt to be the person and officer
►nd acknonilsdged to me that the memo was the act of the sold
i.. _
a eoe o„, and that hz c.ly th(rthe some as' th .hpe-act of aueh eorporHEon for the purp°ees ahd con.side.rati.on thercln
expreevissedd. . and in Ikv raponU• Owuln staled,
OIPEN 1'NDE33 y1)' 11 AND AND SEAL OF OFFICE, This ._day of.... - _...Counq', ITex •
Notary Public,
kff' Commlulor I!Nbl... June 1 ID
CLERK'S CERTIFICATE
THE STATV OF TEXAS, 1
f 1' County
COVI" I' OF
Clerk of the I'ouovy Churl of said County. Flo hereby certify that the foregoing limpument of wrl'Ing dated on the
day of , A. 17. 19 , with Ile CoruAcale Of AuthcntlCAHon, wms Alcd (or
reeord iu my ofl mr the day of A. in. 1't ill o'elock N., and duly
recorded Wit day of _ A. D, 1P , at o'clock M., in the
Reeordr of sold County, lu t'olume ou lintel
tt'1'I'NCSS %I1' HAND AND Will. OP TIM COUNTY COUNT of sold COUnIy, A( O&C ht
- . - , the day and runt lost ihnre w•rlllcn,
County Clerk County, Texas.
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THE STATE OF TEXAS §
COUNTY OF DENTON 9
WHEREAS the City of Denton, Texas, is oonaiderin the
matter of closing and abandoning as a public street a portion of
Spencer Road, said portion of such road being heroin described
as follows;
All that certain tract or parcel of land situated in the Mary L.
Austin Survey Abstract 41 Denton County, Texas being more fully
described as follows;
COMMENCING at the northwest corner of a 3.8 acre tract Dotty J.
Stallings, et vir, to Robert H. Parham, at ux, in a deed dated
April 71 1977, recorded in Volume 832, Page 83, need Records of
said County, on the west boundary line of said Austin Survey,
same being the east boundary line of the W. Teague Surveyy,
Abstract 1266 in center line of Woodrow Lane and south
right-of-way of Spencer Road;
THENCE south 49°38156" east a distanco of 57.26 feat to an iron
ppin in east right-of-way of Woodrow Lane and south right-of-way
Spencer Road to the point of beginning;
THENCE north 01°52'56" east a distance of 75.75 feet to an iron
pin on north right-of-way Spencer Road;
THENCE south 50030100" east with the north right-of-way Spencer
Road a distance of 408.41 feet to an iron pin;
THENCE around a curve to the left having a central angle of
27°31'38 length-254,634, tangent-129,824 feet and chord north
64°15'49 west a distance of 252,192 foot to an iron pin;
THENCE north 50°30'00" west a distance of 117.23 feet to the
point of beginning and containing 0.3031 acres of land; and
WHEREAS, it will be to the advantage Of the property owners
whose property abuts said ;>>rtion of said Spencer Road being
considered for abandonment and to the advantage of the public
generally to abandon said portion of Spancor Road;
NOW, THEREFORE, in consideration of benefits to be received
by the undersigned and the general public, which are hereby
acknowledged, the undersigned, being of lawful age, do hereby
fully and forever release, acquit and discharge the said City,
its officers, successors and assigns, from any and all actions,
causea of sotioh, claims and demands of whatsoever kind or
nature on account of the abandonment and closing of said portion
of said Spencer Road above mentioned.
It is expressly understood and agreed that this release is
intended as as aggreament to the said closing of said portion of
said street and !s intended to cover and does cover all damages,
losses and injuries now known or which may become known in the
future, including all the effects and consequences thereof.
IN WITNESS )OIEREOF, we have hareunto set our hands this the
day of N'.,' _ 1984,
B R
I
THE STATE OF TEXAS §
COUNTY OF DENTON 9
Thi instrumenc vas acknowledged before me on the _e , day
Of 1584 by Jewell M. Owen Parham,
DENTON COUNTY, TEXAS
My Commission expiresi eJ- ,;~Y-bs
THE STATE OF TEXAS §
COUNTY OF DENTON 9
This instrument was acknowledged` before me on the day
of _ Nei , 1984 by Robert H. Parham,
DENTON COUNTY, TEXAS
My Commission explresi
I
NO.
AN ORDINANCE PROVIDING FOR THE CLOSING AND VACATING OF A PORTION
OF SPENCER ROAD, A PUBLIC STREET, AS HEPEIN DESCRIBED, RESERVING
A UTILITY EASEMENT THEREIN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the City Council of the City of Denton, Texas,
after duo investigation and consideration, has determined that
the beat interest and welfare of thL, public will be served by
vacating and closing that portion of Spencer Road hereinafter
described; and
WHEREAS, the adjoining property owners have conveyed to the
City real property for the relocation of said street, said
property being equal to or greater than the fair market valuo of
the property interest being herein vacated; and
WHEREAS, the adjoining property owners have given their
written consent to such closing; NOW, THEREFORE,
THE COUNCIL OF THE C,TY OF DENTON, TEXAS, HEREBY ORDAINSs
SECTION I.
That the followin~i dr_t;:ibed portion of Spencer Road is
hereby closed and parmare+)ly 1,acated as a public street and
right-of-way of any kind forever;
All that certain tract or parocl of land situated in the Mary L.
Austin Survey Abstract 4, Denton County, Texas being more fully
described as hollows:
COMMENCING at the northwest corner of a 3.8 acre tract Betty J.
Stallings, at vir, to Robert H. Parham, at ux, in a weed dated
April 7, 1977, recorded in Volume 832, Page 83, Deed Records of
said County, on the west boundary line of said Austin Survey,
same being the east boundary line of the W. Teague Survey,
Abstract 1266 in center line of Woodrow Lane and south
right-of-way of Spencer Road;
THENCE south 49°38'56" east a distance of 57.26 feet to an iron
pin in east right-of-way of Woodrow Lane and south right-of-way
Spencer Road to the point of beginning;
THENCE north 01°52'56" east a distance of 75.15 feet to an iron
pin on north right-of-way Spencer Road;
THENCE south 50°30'00" east with th. north right-of-way Spencer
Road a distance of 408.41 feet to an iron pin;
THENCE around a curve to the left having a central angle of
27°31'38" length-254,634, tangent+129.824 feet and chord north
64°15'49" west a distance of 252,192 feet to an iron pin;
THENCE north 50°30'00" west a distance of 117.23 feet to the
point of beginning and containing 0,3031 acres of land; and
SECTION 11.
That in abandoning and vacating the portion of Spencer Road
herein described as a public road and right-of-way tha City
specifically reserves, and is not vacating or aban4oning said
described property as a public easement for the purpose of
constructing, raconetructing, installing, repairing or
maintaining electric lines, water or sewer mains or lines or
other utilities or appurtenancea therefor, in. on, along, under
or across said property.
SECTION III.
That the city Secretary is hereby directed to cause a
certified copy of this ordinance to be filed with the Office of
Deed Records for the County of Denton, Texas.
SECTION IV.
That t'ia ordinance shall become effective immediately after
its passage and approval.
PASSED AND APPROVED this the day of , 1984.
RICWD 1"bTEAAtTb MAYOK
CITY OF DENTON, TWS
ATTEST:
WREOTTE AMEN, CITY SECREMR-Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY Or DENTON, TEXAS
BY1
lS7yt.
NO.
bUTN86NITHE CITYPOFVDENTON ANDhTHE CITYGN ANAGHR
APPROVINGITG8TEXPENp TUROH EC THE
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, oil Soptombor 19, 1977, tIto City Council 0l' the
City 0f Denton, Texas on to rod into All Om ploymont agroomont with
G. Chris liartung to serve as City Manager of the City of
Denton, Toxns; and
WHEREAS, tno City Council. of the City of poll ton is desirous
R of retaining G, Chris Hartung as tite city manager of the City
of Donton, Texas,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DBNTON, TEXAS
ORDAINS:
SECTION 1.
` That the Mayor of the City of Denton, Texas is hereby
authorized to enter Into a revised employment agreement with G.
Girls Hartung to be effective immediately from and upon its
date of execution nod for a period of ono year thereafter,
SECTION 11,
That this ordinance shall be effective Immediately from and
after Its passage and approval by the city council of the city
of Denton, Texas,
PASSED AND APPROVED tills the Ith day of December, 1984,
KTCiInR : r~'OII
CITY OF DENTON, TEXAS
ATTESTt
CAA
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM;
JOB D, MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
- - - - - - - - - -
CITY OF DENTON
P-IPLOYMEN'T' AGREEMENTP
THIS AGREEMENT is made and ej%tered into by and between the CITY
OF DENTON, TEXAS, hereinafter called "City's and CHRIS HARTUNG,
hereinafter called "Employee," both of whom understand as
follows:
REC I TATS
The City desires to emppluy the services of Chrls Hartung as City
Manager of the City of Denton as provided by the City charter
and ordinance creating and setting forth the duties of the City
Manager,
AGREEMENT
1. General
Gity hereby engages Chris Hartung as City Manager of the City of
Denton, Texas to perform the functions and duties specifted in
the City charter of the City of Denton and by applicable
provisions of the City code and to perform such other legally
permissible and proper duties and functions as the City Council
shall from time to time ,assign,
City Council appoints Chris Hartung as City ;Manager and may
remove ;iim at any time subject to the provisions of this
agreement.
2. Con iEensatlon
City agrees to pay Chris Hartung for his services at the base
salary rate of $ annually payable in installments at
the same time as other employees of the City are paid, and
$ 'per month car allowance,
City agrees to increase said base salary and/or other benefits
of Employee in such amounts and to such an extent as the City
Council may determine that it is desirable to do so on the basis
of an annual salary review of said Employee made at the same
time as similar consideration is given other employees generally.
An annual performance review will be conducted during October of
each year,
City of Denton
Employment Agreement
Page Two
3, Hours of Work
It is recognized that the City Manager must devote a great deal
of tits time outside normal office hours to business of the city,
and to that end, the City Manager wiii be allowed to take
compensatory time off as he shall deem appropriate during
normal office hours,
Um ployee shall not spond more tnan ten (10) hours per week ii
teaching, consulting, or other non-City connected business
without the prior approval of the Council,
4, Professional Development
The City hereby agrees to budget and to pay the travel and
subsistence expenses of Employee for professional and official
development of Employee and to adequately pursue necessary
official and other functions for City, including but not limited
to the Annual Conference of the International City Management
Association and such other national, regional, star,' anik local
governmental groups and committees thereof which Sm p),oyee serves
as a member,
The City also agrees to budget and to pay for the travel and
subsistence expenses of Employee for short courses, institutes
and seminars that are necessary for his or her professional
development and for the good of the City,
The City agrees to budget and pay the professional dues and
subscriptions of the Employee necessary for his continuation and
full participation, including the holding of responsible offices
iu national, regional, state and local associations and
organizations necessary and desirable for iris continued
professional participation, growth and advancements, and for the
good of the city,
51 Termination and Severance Pay
in the event of his involuntary separation as City Manager, he
shall be entitled to receive a lump sum payment equal to sixty
(60) days aggregate salary; provided, however, that in the event
Employee is terminated because of his or her conviction for any
offense involving moral turpitude or any illegal act involving
personal gain to him, then, in that event, City shall have no
obligation to pay the aggregate severance sum designated in this
paragraph,
involuntary separation as used in this paragraph means Ills
discharge or dismissal: by the City Council or his r;~)signation
City of D0`nton
Employment Agreement
Page Three
following a reduction in salary or other financial benefits of
Employee In a greater percentage than an applicable
across - theboard reduction for all City employees or in the avant
the City refuses following a written notice to comply with any
other provisions benefiting Employee herein or the Employee
resigns, following a suggestion, whether formal or informal, by
the City Council that ne resign, then, in that event, Employee
may at his option, be deemed to be "terminated" at the date of
such reduction or such refusal to comply within the meaning and
context of the herein severance pay provision,
Before voluntarily resigning nis position, Chris Hartung agrees
to give ti►e City Council at least thirty (30) days notice in
writing of his intention to resign, stating the reasons therefor,
5. Other Terms and Conditions of Employment
All provisions of the City charter and code, and regulations and
rules of City rolatin$ to vacation and sick leave, retirement and
pension system contributions, holidays and other fringe benefits
and working conditions as they now exist or hereafter may be
. amended, also shalt apply to Employee as they would to other
employees of the City, in addition to said benefits enumerated
specifically for the uenefit of Employoo, except as lierein
provided.
Employee shall be entitled to receive the same vacation and sick
leave benefits as are accorded department heads, including
provisions governing accrual and payment therefor on termination
of employment,
EXECU'T'ED ill duplicated originals tills the day of ,
)984,
Di PLO YEit :
THE CITY OF DENTON, TEXAS
BY.
RMIM U. Stewart, mayor
City of Denton, Texas
EMPLOYEE:
. ►r s Hartung, City Manager
City of Denton, Texas
1574C
CERTIFICATE FOR
RESOLUTION APPROVING AN AdRVEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE A BOND FOR
DALLAS DRIVE DEVELOPMENT GROUP
AND A GUARANTEE AGREEMENT WITH
G. E. ADAMI, JOHN S, ADAMI, TED L, COE AND JAMES SHANE
AND THE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BOND
THE STATE OF TEXAS =
CITY OF DENTON j
We, the undersigned officers of the City Council of
said City of Denton, hereby certify as follows:
1, The City Council of the City of Denton convened in
REGULAR MEETING 014 THE DAY OF DECEMBER, 1984 , at the
designated meeting place, 'and the roll was called of the
duly constituted officers and members of said City of
Denton, to--wit i
Richard 0, Stewart, Mayor
Mark Chew
Linnie McAdams
Charles Hopkins
Dr. A, Ray Stephens
Jim Riddlesperger
Joe Alford
Charlotte Allen, City Secretary
and all of said persons were present, except the following
absentees:
thus constituting a quorum. Whereupon, among other us
ness, the following was transacted at said Meeting: a
written
RE 0LUTION APPROVING AN AGREEMENT BY
CITY OF, DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE A BOND FOR
DALLAS DRIVE DEVELOPMENT GROUP
AND A GUARANTEE AGREEMENT WITH
G. E. ADAMI, JOHN S. ADAMI, TED L, COE AND JAMES SHANE
AND THE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BOND
was duly introduced for the consideration of said City
Council and read in full. It was then duly moved and
seconded that said Resolution be adoptedl and, after due
discussion, said motion, carrying with it the adoption of
said Resolution, prevailed and carried by the following
vote:
AYRSs All members of said city council shown
present above voted "Aye", except►
NOBS I AHSTD T. i ,
2. That a true, full, and correct copy of the afore-
said Resolution adopted at the Meeting described in the
above and foregoing paragraph is attached to and follows
this Certifioatet that said Resolution has been duly record-
ed in said City Council's minutes of said Meetings that the
above and foregoing paragraph is a true, full, and correct
excerpt from said City Council's minutes of said Meeting
pertaining to the adoption of said Resolutiont that the
persons named in the above and foregoing paragraph are the
duly chosen, qualified, and acting officers and members of
said City council as indicated therein] and that each of the
officers and members of said City Council was duly and
sufficiently notified officially and personally, in advance,
of the time, place, and purpose of the aforesaid Meeting,
and that said Resolution would be introduced and considered
for adoption at said Meeting, and each of said officers and
members consented, in advance, to the holding of said
Meeting for such purpose) and that said Meeting was open to
the public, and public notice of the time, place, and
purpose of said Meeting was given, all as required by
Vernon's Ann, Civ. Stat. Article 6252-17,
SIGNED AND SEALED the 4th day of December, 1984,
CIE-y Secretary Mayor
(SEAL)
RESOLUTION APPROVING AN AGREEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE A BOND FOR
DALIAS DRIVE DEVELOPMENT GROUP
AND A GUARANTEE AGREEMENT WITH
G. E, ADAMI, JOHN S, ADMIX, TED L. COP AND JAMES SHANE
AND THE BOND,RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BOND
WHEREAS, City of Denton Industrial Development
Authority was created under the auspices of the City of
Denton, Texast and
WHEREAS, the City Council of the City of Denton (the.
"City") has, by written resolution declared that certain
areas of the City be designated as blighted areas (the.
"Blighted Area") pursuant to the Development Corporation Act
of 1979, as amended, Article 5190.6, G.A,T.C.S., and the
rules promulgated thereunder (the "Act"); and
WHEREAS, Dallas' Drive Development Group, a general
partnership, desires to finance, pursuant to the Act, -tho
construction of a faoility containing approximately 30,000
square feet. (which will be leased to third parties and will
be used as a mixed-use building for office, retail and
warehouse purposes) located at 1325 Dallas Drive in Denton,
Texas (the "Project'); and
WHEREAS, the project is located within or adjacent to
the Blighted Areal and
WHEREAS, the general public had an opportunity to make
comments on the Project prior to the adoption of this
Resolutiont and
WHEREAS, it is deemed necessary and advisable that this
Resolution be adopted,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON THAT;
Section 1. The "Loan Agreement between City of Denton
Industrial Development Authority and Dallas Drive
Development Group", in substantially the form and substance
as attached to this Resolution and made a part hereof for
all purposes, is hereby approved, and the Bond in the
principal amount of $1,200,000, may be issued pursuant
thereto for the purpose of paying the cost of acquiring and
constructing or causing to be acquired and constructed the
project as defined and described therein,
Section 2. The "Resolution Authorizing the Issuance of
City of Denton Industrial Development Authori'',.y Bond, Series
1
1984 and the Execution of a Trust Indenture (Dallas Drive
Development Group Project)", in substantially the form and
substance attached to this Resolution and made a part hereof
for all purposes, is hereby specifically approved, and the
Bond miy be issued as provided for there n,
Section 3, The "Guarantee Agreement between City of
Denton Industrial Development Authority and G, B, Adami,
John S, Adami, Ted L. Coe and D'ames,Shane" in substantially
the form and substance attached to this Resolution and made
a part hereof for all purposes, is hereby approved.,
Section 4, The City hereby approves the issuance of
the aforesaid Bond in the aggregate principal amount of
$1,200,000 for Dallas Drive Development Group, and further
approves the Project as described in the aforesaid Loan
Agreement, and such appprovals shall be solely for the
purposes of Section 103(k) of the Internal Revenue Code of
1954, as amended, and the City shall have no liabilities for
the payment of the Bond nor shall any of its assets be
pledged to the payment of the Bond.
I
i
I
III
s'
i ~
i
I
A RESOLUTION by the City Council of the City of Denton, Texas,
relating to certain covenants to be made by the City of
Denton, Texas, in connection with the construotion, owner-
ship, and operation by the Denton County-City of Denton,
Texas, Hospital Board of a professional medical office
building adjacent to Flow Memorial Hospital,
WHEREAS, the City Council of the City of Denton, Texas, and
the Commissioners Court of Denton County, Texas, have heretofore
provided for the free agent of the Denton County-City of Denton,
Texas, Hospital Board, under the provisions of Article 44941-1.,
Vernon's Texas Civil statutes, and have charged said Board with
the operation and management of Glow Memorial Hospital under the
provisions of the aforesaid laws and
WHEREAS, the said Board has determined that it is in the
best interest of Flow Memorial Hospital to construct, own, and
operate a professional medical office building on property adja-
cent to the existing hospital facility, which property is currently
owned'by the City of Denton and Denton County) now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS;
SECTION It The City of Denton shall dedicate for the
construction and operation of a professional medical office
building adjacent to Flow Memorial Hospital such real property as
the Denton County-City of Denton, Texas, Hospital Board shall
reasonably request and shall enter into an agreement providing
for the lease of or a similar arrangement with respect to such
property to the said Board or a separate entity established by
the said Board on terms acceptable to the City of Denton and the
said Board and such other related agreements, documents, and
instruments as shall be necessary, advisable or appropriate.
SECTION IXs The City of Denton shall provide such other
assistance as the Denton County-City of Dorton, Texas, Hospital
Board shall reasonably request and shall cooperate to the fullest
extent possible in connection with the construction, financing,
ownership and operation by the said Hoard or a separate entity
established by the said Hoard of a professional medical office
building adjacent to Flow Memorial Hospital,
r
CITY OF 9ENTON
MEMORANDUM
Date: November 14, 1984
To: C, Chris Hartung, City Manager
Fromi Julia Moore, Community Development Coordinator
Subject: Texas Rental Rehabilitation Program
The City of Denton has been designated as eligible to apply
for grant funds under the Texas Rental Rehabilitation Program,
This program which will be administered by the Texas Department
of Community Affairs provides grants to units of general local
government to finance rehabilitation of rental housing. Grant
funds are used to reduce the costs of privately financed repairs
by providing the property owner with a grant or low interest loan
for up to fifty percent of the rehabilitation costs.
In addition to grant funds for rehabilitation, the local
housing authority will be eligible to receive an allocation of
Section 8 Existing Certificates and/or vouchers at the rate of
one per $5000,00 of grant money. This rental assistance is
provided so that low and moderate income households, particularly
those with incomes below fifty percent of the area median, can
afford renting the units after rehabilitation work is completed,
The city of Denton anticipates applying for the maximum amount
of rehabilitation funds available which is $105,000. In order
to :omplete the application requirements for the program, a reso-
lution must be adopted by the city council authorizing the city
to apply, Attached is a copy of the required resolution, If any
further information concerning this program is needed, please
let me know. Thank you.
Ju a Moore
JM: p,}
929E
R E S O L U T I O N
WHEREAS, it is necessary for the Council of the City of Denton
to authorize the submission of an application to the Texas Rental
Rehabilitation Program Fund for a federal funds; and
WHEREAS, the City of Denton is eligible to receive such funds
and desires to apply for federal funds administered by the Texas
Rental Rehabilitation Program Fund; and
WHEREAS, the City of Denton, as an entitlement City, has
prepared a program for utilizing its share of the fund for
rehabilitation of privately owned rental property to be used
rimarily for residential rental purposes in the amount of
105,000; and
WHEREAS the City of Denton desires these funds to support the
rehabilitation of privately owned rental property; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXASi
SECTION I.
That the City Council of the City of Denton, Texas authorizes
the City Manager to sign and submit to the Texas Rental
Rehabilitation Pro ram Fund a grant application and appropriate
assurances for entitlement funds under the Housing and Community
Development Act of 1974, as amended.
SECTION 11,
That the City Council of the City of Denton, Texas authorizes
the C1.ty Manager to handle all fiscal and administrative matters
related to the application and the assurances required therefore.
SECTION III.
That the City Secretary is hereby authorized to forward a
certified copy of this Resolution to the Department of Housing and
Urban Development.
PASSED AND APPROVED this the _ day of , 1984.
RMHARD 0. , MAvOR
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO 1,EGAL FORM;
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
ovvi
I
December 4, 1994
CITY COUNCIL AGENDA 'ITEM
SUBJECT:
Consider Ca itaI Improvement Plan Project #84-W-21 and
#84.-5-12, R place Panhandle Water and Wastewater Lines,
Change Order #l, Bid #9249,
SUMMARY:
Dickerson Construction Co,, Inchas submitted a change
order request for the following items:
1) To ad,}'ust the starting date of the contract from May
1, 1984 to June 15, 1984, Reason stated is that the
pre-construction conference and purchase order
confirmation were not cleared until May 26, 1984, and
notice to proceed is customarily two to three weeks
thereafter for mobilization of equipment and purchase
of materials. Result would be r,s; cost to the City.
Project is currently 60% complete,
2) To lengthen the construction time by 40 working days
for removing large quantities of rock which was
unforeseen by contractor. Result is no charge to the
city.
3) Eliminate item #340-B, type 0 asphalt patch
150 tons @ $65/ton ($9,750)
Eliminate item #522 concrete
curb and gutter
20 LF @ $20/LF ($400)
Eliminate item #524-A Concrete
driveway
10 SY @ $27/SY ($270)
Eliminate item #524-B concrete
sidewalk
2 SY @ $27/SY ($54)
Eliminate item #SP-2 Saw Cat
48 LF @ $2/LF ($96)
Total Reduction ($10,570)
3346U:1
The reason is that Dickerson` Construction Co,, did not have
to replace Fulton, Bryan, Malone, ponder and Alice Street
asphalt, curb and gutters, driveway and sidewalks since
drainage contract was just started and would subsequently
destroy this replacement work,
4) A. tie-in waterline was thought to be needed from
Panhandle Street to the drainage channel along Alice
Street, This new line was shown on construction
draw,ings and was to cost $7,700, Upon digging in
preparation to laying this new 8" line, an existing 6"
waterline was found In the same location which had
been laid in about 19639 still in good condition, The
Utility Department and Engineering Department records
did not show this existing line of about 400' in
length, Although $3,000 was justifiably spent by
Dickerson Construction Company in preparation for the
new section of 8" waterline, we eliminated the
installing of new pipe section since it is not now
needed to accomplish Panhandle project. Therefore:
8" PVC Eliminate @f$19e26/LF ($7,700,00)
Add 400 LF of digging and preparation
work $3,000,00
Eliminate 1 item W-7, 8" 90
degree bend 0 $247,50 ($247,50)
Eliminate 1 item W-6 3/4" water
service @ $160 each ($150,00)
Total ($5,097150)
FISCAL SUMMARY,
Original Contract Price $1989720,00
Change Order No. 1 (seductions) ($16,667,50)
aaaaaaaam1eaa
Revised Contract Prico $183,052,50
Original Contract Start Date May 01, 1984
Revised Contract Start Date June 15, 1984
Original Construction Time 80 days
Requested Additional
Construction Time for unforeseen rock
Removal 40 days
Requested Additional Inclement
Weather Days 20 days
Revised Const, Completion
Date December 31, 1984
3346U,2
i
i
ACTION REQUIRED;
City Council approval or disapproval of subject change
order #1 revised contract price of $183,052,50 and revised
project construction completion date of December 31, 1984.
RECOMMENDATION.
The Public Utilities Board, at their meeting of November
14, 1984, recommended to the City Council that this change
order #1 be approved,
Respectfully,
R. E, Nelson
Director of Utilities
Water/Wastewater Divisions
EXHIBIT I Dickerson Construction Co„ Inc, Letter of Request
Dated 9/7/84
11 Billing of existing water line discovery
III Minutes of PUB Meeting of 11/14/84
3346U.3
DICKERSON CONSTRUCTION CO., INC.
P. 0. 8OX 181 CELINA, TEXAS 78009 - (214) 382.2123 OR 382.2761 .
r
September 7, 1984
City of Denton
Municipal Building
Denton, Texas
Attn: Jerry Clark
Re: Panhandle Project
Dear Jerry Clark:
This letter is in reference to the number of working
days allowed on the project. At the pre-construction meeting
on May 25, 1984, it was set up for a starting date of
June 15, 1984 with an estimated completion date of four
months, As you know, work did not start until July 24, 1984.
As per your letter of April 23, 1984, you gave us official •
notice to start working days as of May 1, 1984. We did not
receive confirmation of Purchase Order 1!63102 dated May 7,
1984 until after this date. Since we did not have the pre-
construction conference until May 25, 1984, we are asking
that our working days do not start until the previously
anticipated starting date of June 15, 1984,
Due to the fact that we have not moved off of the job
since starting it on July 24, and we do not intend to
stop work on the project until it is completed; along with
the fact that we have encountered some very hard rock in
laying the lines along the channel, we are asking that the
City will take this into consideration and extend the working
days for the project.
If the necessary rock exL~avation continues at the
present rate, it is estimated that we are saving the city
approximately $30,000 by not having r rock clause in our
bid. Also, since the project was delayed from starting until
July 24 and the contract, had been let on the drainage channel,
we anticipate that we will be able to eliminate Items 11340-8,
5229 524-A, and 524-8 from our contract for a savings of
4+9- rNr-789 o the City of Denton.
i o S'7o, do ,
sr ~
DICK MON CONSTRUCTION CO., INC.
P. 0, BOX 181 • CELINA TEXAS 78009 • (214) 382.2123 OR 3824761
City of Denton
Page 2
As I have stated, we are not going to pull off of the
job until is is completed and we are working every day on
the pro,j act, We would like for you to take this into con-
sideration as well as the difficulties that we are having
digging the rock in the channel and the anticipated savings
that the City will benefit from and award us an extension of
time for this project,
Sincerely,
tit
Lewis Dickerson, President
DICKERSON CONSTRUCTION CO,, INC,
2a Le,w e -71 S 9 3 Cr, i~
~y.; c~~•t7 al t yJ gq CA-Ts L016:S 515? LAP 0.O~:-77w4
DICKERSON CONSTRUCTION CO., INC.
P, 0. 60X 181 - CELINA, TEXAS 78009 • (214) 382.2123 OR 382.2761
i
July 24, 1984
City of Denton
Municipal Building
Denton, Texas
Attn: Utility Services - Water Department
Re: Billing as requested by Jerry Clark
Billing for digging and locating line at the intersection
of Alice and Panhandle in the City of Denton.
This work took a total of 7 men, 2 pieces
of equipment, sawing of asphalt street,
digging and locating line, filling ditch
with sand, hauling of material dug out of
street, and one full work day charged for
on time of Panhandle project, •
Total Charge $3,OOO,Oo
Lewis Dickerson, President
DICKERSON CONST, CO., INC.
Public Utility Board Minutos
November 14, 1984
Page 2
3, CONSIDEf3 REQUEST FOR FRO-RATA AGREEMENT WITH WESTON
I i ,~fE',O~I F B L~~F,
P Asff-TLJ OR SANITARY SEWER LINE.
Mr, Ham informed the Board that tha proposed line will be
totally the Developrir's expense. The staff recommendation
was for the Board to recommend to the City Council adoption
of the proposed Pro-Rata Agreement.
Mr. Coomes made a motion to recommend acceptance of the
proposed Pro-Rata Agreement to tho city Council. Motion
seconded by Mr. Herring. Five "ayes", no "nays" motion
carried.
JOINT MEETING BETWEEN PUBLIC UTILITIES BOARD & THE PLANNING
AND ZO I 0 CO ISSIDN.
At this point, the Board entered into joint session with
the Planning and Zoning commission fen' discussion. During
the meeting, it was decided that the Chairman and one
member of each body should meet to set an agenda and
discuss the timing for a future joint work session between
the Utilities Board and the Planning and Zoning
Commission. The additional members as selected by the
respective chairs were Gary Juren for the Zoning Commission
and Ed Coomes for the Utilities Board. The joint session
then closed and the Utility Board resumed its meeting.
4. CONSIDER CAPITAL IMPROVEMENT PLAN PROJECTS #84-W-21
PANHANDLE STREZT WATER LINE'REPLACEMENT, AND "r##84-5-12
P A D f~ SET T -SEWER- INEr RE'LACL2tE T E Al>tg_ ORD ~V1
BID #9249. __~r____ _
Mr. Ham informed the Board that the net effect of the
change order is to reduce the contract amount by $15,667,50
while allowing the contractor additional time to complete
the project due to unforseen "rock removal" and weather
conditions.
Mr, Herring made a motion to recommend the Change order #1
with Dickerson Construction Co., Inc. be approved by the
City Council, reducing the cost to the City to $183,052.50
and the construction completion date of December 31, 1984.
Motion seconded by Mr. Coomes. Five "ayes" no "nays",
motion carried.
December 4, 1984
r
CITY COUNCIL AGENDA ITEM
SUBJECT:
Request for Pro-Rata Agreement for 10" Sanitary Sewer Litre
with Weston Development Corporation, Developers of Bellaire
Heights, Phase T11,
SUMMARY:
It is necessary for the developers to construct from
Mockingbird Lane to Cardinal Drive a 10" sanitary sewer
line from an existing 18" sanitary sewer line adjacent to
Loop 288 for sewer service. The offsite length of the new
sewer line is 1,494,581,
FISCAL SUMMARY:
The developer will provide a 10" sanitary sewer line whose
estimated cost is $28,039.09.
ACTION REQUIRED:
City Council approval or disapproval of proposed offsite
sanitary sewer line construction and associated pro rata
agreement,
RECOIdi,IENDATION:
The Public Utilities Board, at their meeting of 11/14/84
recommended the off-site pro rata agreement with the
developer in accordance with the City of Denton pro rata
ordinances, so that the Developer may recover certain costs
for offsite development of the above -mentioned 10" sanitary
sewerline.
Respectfully, R. E, Nelson
Director of Utilities
EXHIBIT I Letter of Request frog F1 eIds, Edwards and Associates
Inc.
II Location Map- Bellaire Heights Sanitary Sewer 11ne
Phase I I I
III Pro-Rata Agreement
IV Minutes PUB 11/14/84
334bU:11
l
FIi+aLM MWARUS &'ASSMIATFS, INC,
ENGINEERS AND SURVEYORS
STANFORD "OVD" HAUPTMANN, RE., RPS, PA"10e NT M A
GRE00AY K. EON+ARDS. PE., VICE PRESIDENT 40Y 0. GREEN, APS
DON COXt MANA0ER. SUAYSYORS THOS, O. KING, APO
1123 F6Rt WORTH bAIVE • DENTON, TEXAS 782115 (8'17) 383-1418 •'387-04 21-~"
METRO 430.1892
07 November 1984
Mr C. David Ham
Assistant Director of Utilities
Water & Wastewater Division
Service Center
901 Texas
Denton, TX 76201
Re; Request for Pro-rata Agreement
Bellaire Heights Phase III
10-inch Offsite Sanitary Sewer
Dear Dave;
Our client, Weston Development Corp., plans to construct an
offsite sanitary sewer for Phase III of the Bellaire HeTits
Addition, This sewerline totals 1494,58 linear feet in length
and is 10 inches in diameter. Since this improvement is to
be locating in a 19-foot utility easement which is accessible
to vacant property to the north and south, we are requesting
that a pro-rata agreement be made to assist in recovering some
of this offsite construction expense, The total contract
price for this improvement is listed below;
1494,58 LF 10" S,S,@ 15,85 $/LF e $23,689,09
3 4-foot diameter manholes @ 1250 $/ea - 3,750,00
2 Break into existing H,H, @ 300 $/ea. a 600,00
TM OTI '0T
Please put this item on the Public Utility Board meeting at
your earliest convenience,
Thank you,
'rim fisher
TF/srr
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0939L
SEWERLINE PRO RATA AGREEMENT
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON )
THAT THIS AGREEMENT is made this _day of 1984 by and
between the City of Denton, a Municipal Corporation of the County of
Denton and the State of Texas, hereinafter referred to as ''City" and
WESTON DEVELOPMENT CORP., hereinafter referred to as "Owner".
WITNESSETH:
WHEREAS, Owner will install a santtary sewer line from ~,he
City of Denton's 1$" existing line 1494.58 feet to owner's
developweiit on the west side' of Mockingbird Lane called Bellaire
Heights, Phase 111; and
WHEREAS, in order to serve this development with sewer
services, Owner will be required to pay the coat of 1494.58 feet of
sewer line and will extend such sewer line as described above
pursuant to the provisions in effect 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 amanded; 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 herainaliter provided, the parties
hereto agree as follows:
I.
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 sum of $U,039.09 under the
provisions in effect on the date of this Agreement o 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 based on actual costs of
offaite sewer line construction as presented by the
Owners.
B. After the expiration of twenty (20) years from the
date of the completion of the sewer line extension,
no further reimbursement shall be made to Owner.
SEWERLINE PRO RATA AGREEMENT-BELLAIRI HEIGHTS PHASE III
WESTON DEVELOPMENT CORPORATION -PAGE 1
C. The reimbursement skull 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.
0. Reimbursement payments shall be made to the Owner or
their assigns if written, and to no other person(s).
E. The reimbursement aforesaid shall be payable only from
funds received by the City pursuant to said Denton
Development Code.
F. There shall be a maximum of twenty (20) years as the
period of eligibility wherein the original installer
of the sewer line may request reimbursement of pro
rats pa%--,o'under this Agreement. The period of
oligibi},t. all begin as the date of final
inspeottI!','_;,,,. acceptance of the extension by the City.
G. All pro rata fees incurred under the provisions of the
Denton Development Code shall be paid directly to the
City and the Cityy shall transfer amounts due to owner
within thirty (30) days of receipt.
II.
That for and in consideration of the Agreements to be
performed by the City as a lresaid, Owner hereby tra,,sfers to the
City all of its rights, title and interest in and to the sever line
extension described above, and aciy and all easements and right of
way agreements secured by them for the purpose of locating said
sewer line extensions.
WITNESSETH the hands of the Parties hereto on the day and
year first above written.
WESTON DEVELOPMENT CORP.
BY
osep urr s, President
CITY OF DENTON, TEXAS
RICHARD 0. STEWART, MAYOR
ATTEST:
ALLEN,
CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
I V'
SEWERLINE PRO RATA AGREEMENT-BELLAIRE HEIGHTS PHASE III
WESTIN DEVELOPMENT CORP.-PAGE 2
Public Utility Board Minutes
November 14, 1984
Page 2
3. CONSIDER REQUEST FOR PRO-RATA AOREEMENT WITH WE 5T ON
- i5 ~
=9LLSRENT C R 0 I VEO'R S OF F3E~LLp
PHASE II FOR-~_ R__SE_..R LINE,
Mr. Ham informed the Board that the proposed line will be
totally the Developer's expense, The staff recommendation
was for the Board to recommend to the City council adoption
of the proposed Pro-Rata Agreement,
Mr, Coomes made a motion to recommend acceptance of the
proposed Pro-Rata Agreement to the City Council. Motion
seconded by Mr. Herring. Five "ayes", no "nays" motion I
carried.
JOINT MEETINC3 BRTWEi;N PUBLIC UTILITIES BOARD & THE PLANNING
ND 40N I OM I S:: N . _
At this point, the Board entered into joint session with
the Planning and Zoning Commission for discussion. During
the meeting, it was decided that the Chairman and one
member of each body should meet to set an agenda and
discuss the timing for a future joint work session between
the Utilities Board and the Planning and Zoning
Commission. The additional members as select3d by the
respective chairs were Gary Juren for the Zoning Commission
and Ed Coomes for the Utilities Board. The joint session
then closed and the Utility Board resumed its meeting,
4. CONSIDER CAPITAL IMPROVEMENT PLAN PROJECTS #84-W-21
PANH DLM- STREET__WA'PER LINE RCpLACEMENT, AND-~#8
L12
E T EET SEWE12 L=NE--R~E 'LA E NT, -CE1AW- f'DER #1,
B I # 9 2 4 9 .
Mr. Ham informed the Board that the net effect of the
change order is to reduce the contract amount by $15,667.50
while allowing the contractor additional time to complete
the project due to unforseen "rock removal" and weather
conditions.
Mr. Herring made a motion to recommend the Change Order 01
with Dickerson Construction Co ,j Inc. be approved by the
City Council, reducing the cost to the City to $183,052,50
and the construction completion date of December 31, 1984.
Motion seconded by Mr. Coomes. Five "ayes no "nays",
motion carried.
CITY OF DENTON
MEMORANDUM
Date; November 28, 1984
To. G. Chris Hartong, City Manager
From., Denise Spivey, Development Review Planner
Subject: Halfway House at 1120 Frame Street
The Denton County Mental Health Centers, Inc, purchased the
property at 1120 Frame Street under the assumpption that the
proposed use (mental health residential facility) met the
zoning ordinance definition of a group home. The City of
Denton zoning ordinance specifies that a group home is a
residential facility for mentally retarded persons only.
Upon being notified that they were in violation of the zon-
ing ordinance, Denton County Mental Health Centers, Inc.
submitted an application for a specific use permit to permit
the operation of a halfway house in a multi-family (MF-1)
zoning district. The specific use permit request was tabled at
the Planning and Coning Commission meeting of October 10, 1984
so that ~he City Attorney could research the matter, The City
Attorney s office has issued an opinion that the city's zoning
ordinance is unconstitutional as applied to residential treat-
ment centers. The Planninand 'Zoning Commission, at its
meeting of November 14, 1994 , voted to refer this item to the
City Council for disposition.
gen'ntsseSpi ieyd
DS;ab
Attachments
C1TY OF' D~',ITON, TSX,1a
OF',~'rCE OF' TH.: C1T'Y A7'TOR,Y~'Y
~NE,tilO R.~,V DU;d
Jae D. ,~/orMs, ,~ssistortt City Attorney
Robar» B. Hunter, .lutstant City ,lttorney
DATE: November 6, 1984
TO: Honorable Mayor and Members of the City Council
Members of Panning and Zoning Commission
FROM: Joe D. Morris, Acting City Attorney
SUBJECT: OPINION N0, 366
Classification of use of a Residential Treatment Center
for mentally ill persons at 1120 North Frame; validity
of zoning ordinance requiring a specific use permit for
a RTC in a residential zoning district.
At a recent meeting of the PlAnning and Zoning Commission a request
was made for a specific use permit for a Residential Treatment Center
(RTC) located at 1120 North Frame. Because questions were raised as
to the proper classification of the RTC under the zoning ordinance,
the request was tabled pending an opinion from this office.
The information we have been provided indicates that the RTC is a
residential group home for persons who have a primary diagnosis of some
type of mental health disorder, (Admission Criteria attached) The
RTC will serve persons who have been discharged from psychiatric insti-
tutions and other persons referred to the RTC who are in need of mental
health services, The RTC admission criteria indicates that the RTC
will not serve persons who are actively psychotic, actively suicidal,
reliant upon alcohol or have a history of antisocial behavior. "The
RTC was designed as a transitional living environment to serve non-
crisis, non-emergency mental health clients who may need a stable,
therapeutic environment for four to six months." ("Referring, Screen-
ing and Admission" policies attached).
Having reviewed article 7, C of Appendix B-Zoning,of the Code of Ordi-
nances, which lists "Educational, Institutional aL:u Special Uses", we
conclude that the most appropriate classification for the RTC would be
a "halfway house". Although halfway houses are not defined in the
zoning ordinance, they do have a commonly understood definition.
Webster's New World Dictionary (2d ed,) defines halfway house as "a
place "where persions are aided in readjustment to society following
imprisonment, hospitalization, etc." (See also 100 ALR 3d 876)
Since the RTC is located in a multi-family residential district, and
the zoning ordinance requires halfway houses its such districts to
a
OPINION NO* 366
November 6, 1984
Page Two
obtain a specific use permit, they RTC, being classified as a halfway
house, would be required to obtain a specific use permit.
Because there has been considerable litigation concerning zoning
ordinances which prohibit or require specific use permits for the
operation of halfway houses or group homes in residential zoning
districts, we have reviewed our zoning ordinance and come of the
recent litigation involving such uses.
Article 10 of Appendix B-Zoning of the Code of Ordinances sets forth
the procedure, criteria to be considered and conditions that may be
imposod in the issuance of a specific use permit;
A. The planning and zoning commission in considering and deter-
mining its recommendation, or the city council in considering
any request for a specific use permit, may require from the
applicant plans, information, operating data and expert
evaluation concerning the location, function and character-
istics of any building or use proposed, The city council
may, in the interest of the public welfare and to assure
compliance with this ordinance, establish conditions of
operation, location, arrangement and construction of any use
for which a permit is authorized. In authorizing the
location of any of the uses listed as specific use permits,
the city council may impose such development standards and
safeguards as the conditions and location indicate impor-
tant to the welfare and protection of adjacent property from
excessive noise, vibration, dust, dirt, smoke, fumes, gas,
odor, explosion, glare, offensive view or other undesirable
or hazardous conditions.
Although the zoning ordinance provides for the imposition of condi-
tions and development standards where a specific use permit is
granted, it does not provide any specific standards or criteria to
be used in making a determination of whether a specific use permit
should be granted.
In Cleburne Livin Center Inc. v. City of Cleburne Texas, 726 F2d
191 , t he united States Court o Appeals or the Fifth Circuit
reviewed the city's challenged zoning ordinance that required a
special use permit for a mentally retardates' group home in an
apartment house district. The Plaintiffs alleged that the ordinance
was in violation of the Equal Protection Clause of the Fourteenth
Amendment.l
1The Fourteenth Amendment of the United States Constitution pro-
vides that "No State shall,,,deprive any person of life, liberty,
or property,-without due process of law; nor deny any person
within its jurisdiction the equal protection of the laws".
OPINION N0. 366
November 6, 1984
Page Three
Although the Court was "riot prepared to say that they (the mentally
regarded) are a full fledged suspect class'", it found that
certain factors, including "historical prejudice, political
powerlessness and immutability" warranted the classification of the
mentally retarded as a quasi-suspect class that would require
intermediate or heightened judicial scrutiny, under a Fourteenth
Equal Protection claim, of an ordinance that discriminates against
them03 (726 F2d at 198). To withstand intermediate judicial
scrutiny, the classification must serve some important governmental
objectives and must be substantially related to the achievement of
those objectives. (726 F2d at 195)
2The Courts' rational ional for classifying certain persons or groups
as 'suspect classes" under an Equal Protection Clause claim was
explained in Eyler v. Doe, 102 S.Ct. 2382 (1982);
Several formulations might explain our treatment of certain
classifications as 'suspect'. Some classifications are more
likely than others to reflect deep-seated prejudice rather
than legislative rationality in pursuit of some legitimate
objective. Legislation predicated on such prejudice is
easily recognized as incompatible with the constitutional
understanding that each person is to be judged individually
and is entitled to equal justice under the law. Classifica-
tions treated as suspect tend to be irrelevant to any pro-
per legislative goal ...The experience of our Nation has
shown that prejudice may manifest itself in the treatment
of some 8roups. Our response to that treatment is reflected
in the Equal Protection Clause of the Fourteenth Amendment.
Legislation imposing special disabilities upon groups dis-
favored by virtue of circumstances beyond their control
suggests the kind of 'class or caste' that the Fourteenth
Amendment was designed to abolisty. (Eyler, supra, 102 S.Ct.
2394-95 n. 140)
3In analyzing a claim that a statute or ordinance violates the
Equal Protection Clause, the Courts have devised three degrees
of Judicial scrutiny to apply to a challenged statute depending
upon the nature of the statute in question:
The levels are generally called 'strict scrutiny' 'interme-
diate' or 'heightened' scrutiny, and rational review. If the
legislative classification disadvantages a 'suspect class'
..,.then the courts will emp toy strict scrutiny. If the
'4lassification, while not Facially invidious, nonetheless
$ive s rise to recurring constitutional difficulties ..,it
' will ties be arise, tested for under intermediate scrutiny. Some difficul-
ple, when a statute discriminates
,against a class which shares some of the characteristics of
the suspect classes. (726 F.2d at 196)
OPINION N0, 366
November 61 1984
Page Four
Because the Cleburne zoning ordinance provided no standards or
criteria to determine when the special permit should be issued, the
Court found that it was unconstitutional both on its face and as
applied;
The standardless requirement of a special use permit for all
group homes for the mer,L 11y retarded is both vastly over-
broad and underinclusive.4 (726 F,2d at 200)
The vice of a standardless special use permit ordinance as applied
to such group homes was explained by the Cleburne Court as follows;
There is no reason why the city cannot be more specific in
delineating its concerns,
The same objection can be raised to the City's general claim
that the ordinance serves to rotect the health, safety, and
welfare of mentally retardped persons--by insuring, for'
example, that group homes are well constructed, safely
located and not over-crowded, The City' could serve these
interests in a much more direct manner by setting specific
requirements to guide the judgment of the City Council. The
alternative (embodied in the Cleburne ordinance) of giving
the city council complete discretion to bar all group homes
is too dangerous. There is too great a potential for blan-
ket discrimination, fueled by the very fears and prejudices
that drove neighbors in this case to petition the City
Council against the Featherston Nome. We cannot sanction
such unbridled discretion in dealing with a class than has
suffered a history of mistreatment and political impotence.
The Cleburne provision requiring a special use permit for
mental retardates' group homes is £aciall invalid under the
Equal Protection Clause. (726 F2d at 201
Although the Court stated that it was expressing no opinion con-
cerning laws or ordinances involving classifications involving the
mentally ill, and it recognized that "mental retardation is
functionary different from mental illness" (726 F2d at 198, n.
11), nevertheless the Court noted that "many of the problems (e.g.
community's fear and distrust) that face mental patients in
returning to vociety are similar to problems faced by the medially
retarded." (725 F2d at 199, n. 12)
4A law that regulates persons or activities that pose a threat
to a substantial governmental interest may be constitutionally
"overbroad" -if it is so drawn as to sweep within its gambit per-
sons or activities which pose no threat, g1£brinndt v. Russell,
384 U.S, 11 (1966) A law may also be overbroa3 u3e to vagueness
because it is so imprecisely drawn as to be "standardless , thus
permitting selective enforcement of its provisions. Broaderick
v. Oklahoma, 413 U.S. 601 (1973)
q
OPINION NO, 366
Novomber 6, 1984
Page Five
in it W, V4 Cit of Tacoma Wash., 720 F2d 1126 (1983), the United
States court o ppea s or Chia Ninth Circuit passed upon the
validity of the city s zoning ordinance which required a special use
Mike for group homes that housed newly released mental patients.
Unlike the Cleburne ordinance, the Tacoma ordinance set "forth highly
s Acifie criteria for determining whether a specific use permit
should be granted". (720 F 2d at 1130). The Court in Tacoma deter-
mined that, because former mental patients suffer some o£-The same
discriminatory treatment as suspect classes, the Court would, as the
Cleburne Court had, appl~ heightened judicial scrutiny to the chal-
lenged zoning ordinance, Since the challenged ordinance did have
specific eriter-'a to be appplied in determining whether a special use
permit should be issued, ttie Court held that the "ordinance is valid
if rational, out that it is rational only if it furthers some sub-
stantial goal of the municipality". (720 F2d at 1130) The Court
nevertheless round the City Council's decision to deny the permit
unconstitutional because the "denial of the permit was arbitrary,
because the decision to deny was not related to any substantial
zoning interest." 720 F2d at 1131.1132.
As stated above, although the Cleburne Court did distinguish between
persons who are mentally retarded and those who are mentally ill, it
did acknowledge that the Ninth Circuit in Tacoma "held in an anal-
ogous case that heightened scrutiny is appropr a e" in reviewing a
5In footnote 4 of ite decision the Tacoma Court did state that
"(we) do not foreclose the possibl ty t at in a case with the
record more fully developed as to the characteristics and status
of formal mental patients, a conclusion that they indeed consti-
tute a suspect class might be warranted". 720 F 2d at 1130. Had
the Court found that they did constitute a suspect class, the
Court would have employed strict judicial scrutiny {n analyzing
the challenged ordinance. In a strict scrutinyy analysis the
challenged ordinance would have had to satisfy the greater bur-
den of showing that the governmental "classification has been
precisely tailored to serve a compelling governmental interest".
Pyler v. Doe, supra, 102 S.Ct. at 2394-95. On the record pre-
sented, the Tacoma Court found that the former mental patients
were a quasi-suspect class because they shared some of the
characteristics of suspect classes and because the ordinance
6pnied them important benefits;
We note44.ttiat the benefits the ordinance restricts are the
former mental patients' access to housing and rehabilitative
services. While Cheyy are not fundamental rights, they, like
education at issue in ~Py ~1l~eer__, are essential to individuals'
full participation in ss ety. Indeed, for former mental
patients, a reintegration into society, accomplished through
living, in a moderately structured setting in a residential
neighborhouri is an essential part of therapy. (720 F 2d at
1129)
OPINION NO, 366
November 6, 1984
Page Six
challenged ordinance which applied to the mentally ill, (726 F2d at
199), It is significant that the Cleburna Court distinguished the
respective ordinances challenged in R and Tacoma based on the
specific criteria found in the Tacoma-3r-din ice;
The Tacoma ordinance was arguably less problamatic than the
Cleburne ordinance, because the Tacoma law provided specific
conditions for the issuance of a permit, The Cleburne ordi-
nance has no guidelines at all, (726 F 2d at 199, n, 13)
In summary, the conclusions of Cleburne and Tacoma are that although
mentally retarded persons and mentally ill persons are distinguish-
able, they are both quasi-suspect classes, (As the Tacoma Court
noted, the mentally ill nay, undor certain circumstances, be ra "sus-
pect" class,) in reviewing any challenged ordinance that applies to
a quasi-suspect class, the Courts will apply heightened judicial
scrutiny to the ordinance and uphold it only i it serves some impor-
tant governmental objectives and is substantially related to those
objectives, A "standardless" ordinance that requires a specific use
permit for a facility that serves a quasi-suspect class, such as the
mentally retarded or the mentally ill, is both vastly overbroad and
vastly underinclusive and invalid under the Equal Protection Clause,
based on the foregoing, we believe that our present "standard less"
zoning ordinance requiring a specific use permit for the operation
of a non-crisis, non-emergency Residential Treatment Center located
in a multi-family zoning district that serves former mental patients,
who are not actively psychotic, actively suicidal, reliant upon
alcohol or have a history of antisocial behavior, is invalid under
the Equal Protection Clause of the United States Constitution. For
that reason we must advise that the RTC in question should not be
required to obtain a specific use permit for continued operation.
Ve would be remiss in our duty if we failed to point out that if the
City were to attempt to enforce its present ordinance as it applies
to the RTC in question and the City's zoning ordinance were success-
fully challenged pursuant to action brought under Section 1983 (42
U,S.C.A. Section 1983), the City could be held liable for any
damages suffered by the plaintiff or plaintiffs as well as their
attorney's fees (under Section 1988).
For the guidance of the Planning and Zoning Commission, the Council
will need to make a decision of this matter, We would recommend
that the Council instruct the Planning and Zoning Commission to
discontinue ita consideration of the specific use permit in question
and that the staff be instructed that no specific use permit for the
continued operation of the RTC in question be required.
The Council may meet in executiv'e' session to seek our legal advice
on this matter, but must, of `course, make its decision in this
matter in an open meeting,
OPINION N04 366
November 6, 1984
Page Seven
SUMMARY
The Residential Treatment Center (RTC) located at 1120 North Frame
is most appropriately classified as a "halfway house" under our
zoning ordinance, Our zoning ordinance requires halfway houses
located in multi-family zoning districts to obtain a specific usa
permit, Because our ordinance requiring a specfic use permit for
the operation of a halfway house has no standards or criteria
specifying when such permit should be issued, it is unconstitu-
tional as applied to a non-crisis, non-emergency RTC which serves
former mental patients who are not actively psychotic, actively
suicidal, reliant upon alcohol or have a history of antisocial
beaavior, Because the City's zoning ordinance is unconstitutional
as applied to the RTC in question, no specific permit should be
required for its continued operation.
D. MUKKTS
~t
JDNt,js
xc; Chris Hartung
Jeff Meyer
DENTON COtMTY MENTAL HEALTH CENTERS, INC,
RICE RESIDENTIAL TREATMENT CENTER (MENTAL HEALTH)
Admission Criteria
All clients referred to the Residential Treatment Center
must have a primary diagnosis of some type of mental health
disorder (D5M III CODE), They must also fall into Texas
Department of Mental Health and Mental Retardation Service
Group Classification of Categories I or II.
Admission will be based upon functioning in four distinct
categoriesi
I, Potential for Community Living
1, 'From the aspect of financial self-lnde endence,
that the person be employable or willing to
work, or that the client be eligible for commu-
nity resources, such as SSI, Medicaide, Dis-
ability, etc.
2. That the person be cdipable of learning and/or
exhibiting self-help and self-care skills,
3. That the person be able to function unassisted
physically,
II, Mental Status ;nid Pathology
1, That the person not be actively suicidal and/or
homicidal, from a management standpoint,
2. if there is a prescribed medication regime,
that the person agree to comply with this
regime and be self-medicating.
3. That the person be at least borderline intel-
ligence or above.
4. That the person be sufficiently independent and
and not overly dependent in adjustment such
that movement through the program can be reason-
ably expected,
III. Behavior
1. That the person not be overly aggressive in
interpersonal and group situations in either a
physical or verbal manner,
2. That the person be free of alcohol or drug use,
Individuals with histories of past alcohol or
drug use will be considered if the use is in
remission,
Admission Criteria page 2
3. That the person be functioning on a level such
that if left unattended they would create no
social problems in the community 4e,g, wander-
ing, malingering?,
4. That the person has no immediate history or
report of stealing from others around him or her.
S. That the person be capable of participating in
or learning socialization activities/skills,
IV, Motivation
1, That the person be willing to enter the RTC
voluntarily,
2. That the person be willing to work, or be
trained, or be educated in skills related to
daily living,
3. That the person be willing to commit him or
herself to realistic planning,
4. That the person be willing to help finance
part of his or her stay, as $oon as he/she
has secured employment or other resources,
or be eligible for Texas Rehabilitation Commis-
ion funding.
Admission to the RTC is not inrluenced by a person's race,
color, religion, national origin, handicap, sex, or social
status, Admission policies follow non-discriminatory guide-
lines, The program is governed by all applicable laws, rules,
regulations, and standards of federal, state, and regional
offices for mental health. Due to State regulations and the
nature of the treatment program, there is an age restriction
of IS or older.
The RTC is not structured in such a way as to be able to serve
a person who is actively psychotic, actively suicidal or reli-
ant upon alcohol, The treatment program is also not appli-
cable to individuals who have a history of anti-social behavior.
DENTON COUNTY MENTAL HEALTH CENTERS, INC.
RESIDENTIAL TREATMENT CENTER
Referring, Screening, and Admission
RTC was created to prevent or forestall insLUtionalization
or re-instutionalization, or assist the individual return-
ing from a psychiatric institution to re-integrate into the
community. The RTC was designed as a transitional living
environment to serve non-crisis, non-emergency mental health
clients who may need a stable, therapeutic environment for
from four to six months.
Individuals may be referred to the RTC in a variety of waysi
a. Pre-discharge planning and referral from Wichita
Falls State Hospital o- other institutional settings.
b. Referral from DCMHC staff therapist.
C. Referral from community social service professionals--
i.e., Flow Hospital, Texas Rehabilitation Commission,
Department of Human Resources, private physicians or
counselors.
Catchment Areat
The RTC is primarily designed to serve residents of the
NCTMHMR region- Denton, Collin, & Hunt counties. Referrals
from other counties will be considered if deemed appropriate.
Referral Processi
1. The referring agency or professional will contact the
aftercare worker or the Coordinator of Residential
Services to inform them of the referral.
2. If consent is given for initial screening and the
referral appears appropriate, an appointment is
made for the individual to be interviewed by res-
idential treatment staff. Referrals from WFSH will
be screened by aftercare worker on her monthly visits.
3. The individual will be screened according to RTC entry
criteria. Decisions for admission will be made con-
jointly by staff--interviewer, program coordinators,
primary therapist, and other staff as appropriate.
4. If accepted, the client will be informed of a wait-
ing list, if any, and given approximate date of
entry into the program.
5. The specific time and date will be decided as soon as
possible and client will be informed of entry date.
Client must report to RTC between business hours
Monday thru Friday, unless special arrangements have
been made.
.
Referring, aoreening, and Admission page 2
6. The individual will be admitted on 2 week evalu-
ation and adjustment per.lod. The individual may
be asked to leave the unit at any time during this
period if he/she does not comply with the rules
and regulations of RTC.
7. At the and of the two week evaluation, the case
will be staffed by RTC personnel to make a final
decision on the individual's continued residency,
If accepted, the primary therapist will formulate
goals and appropriate treatment objectives, in
conjunction with the client.
8. At any time during the program, a client may be
Jisoharged for failure to comply and/or suicidal
or aggressive behavior. Regular reviews will be
conducted to monitor progress made, according to
agency policies and procedures.
a _ I
~lZ$ 720 FEDERAL REPORTER, 2d SERIES
Mflaanyer v, 707Wel2di020F`*1WMd Nelghlx,rhood CoNfl• qulrad for group homes housing forma
, , 1021 (9th CIr,1983) mootnl patients. The iJnitai States DiN
{ uoting Chrfstlansburg t7armant Co. v, trial Court for the Western 1)[mr1rt of
f'%900, 434 U.S. 412, 416-17, P8 S,Ct, 694, Washington, Jack N. Tanner, J., granted
697-98, 64 L,Ed 2d 648 (1978), Beoauso the relief and city appended, The Court of AP
diatHet court ruled that tho plaintiffs wom peals, Fletcher, Circuit Judge, heili that: (I)
not "prevailing parties" under § 1988, it zoning ordinanco which discriminated
had no occasion to rude on the defendants' ogninst former mental patients world be
theory that speclul circumstances would uphold it ralinnni, but it« rrltinnality could
render an award unjust in this eww. Svv, hm shown only by furthering some suboW,
o.g„ Aho v. Clark, 848 r,24 468, 367, 0 (9th
Cin1979), Cf. Buxton v, fate!, 695 lr,2d dial goal of the municipality; (2) orviinsnee
1182 (9th Clr,IM) (normal rule that pro. requiring the special use permit was facially
veiling pi.ilntiffe should receive attorney YON; but (3) application of ordinance W
fees absent special circumatancee may not was discriminatory,rmit in the Instant case
apply where the plaintiff has sued for (lam.
ages), The district court should consider Aftirmod,
this issue on remand,
REVERSED and REMANDED.
t, Zoning and Planning ew602
! Generally, municipal zoning ordins"
ff (i i n ° u esTettr will not ho held uirconstlWtional if 14 wiP
is ~t I dom is at least fairly debatable and it bean
s I I i~J a rational relationship to a permissible state
tt , t i objective,
J,W„ K,W,, U.4 9',S„ L.S„ F',S„ P,(i„ and
Eire Blount, Plaintlffe•Appeilees, 2, zoning and Planning ab.603
n Conatitutional scrutiny of zoning rrgu•
t V. lnlloms is heightened when the regulatioM
r» rat CITY OF TACOMA, WASHINGTON, infringe a fundamental interest or discrimb
Mike Parker, Mayor of the City of Taco. nate Against a suspect class,
r ma; Tim Strege, Barbara Bischel, John
Hawkins, Douglas Sutherland, Jack 4, Zoning and Planning 06
Hyde, Steve Kirby, Hal Nielsen and Pe. Ordinauce requiring special use permit
ter Rasmussen, Members of the Tacoma for group home which included persons
City Council; Erling Mork, City Mana• rarcnlly relcaslxi from mental institutloe '
ger of the City of Tacoma; Robert could well have resulted from archaic and
Hamilton, City Attorney of the City of stereotypic notions and therefore was sub.
Tatum; Ben Thompson, Chief, Build. jeet la special judicial attention when chsl•
Ing Division of the City of Timoma; in Icngoll on constitutional grounds.
l their official capacities and i heir offt•
tees, agents, employees and s-decesaere, 4, 'honing and 1'ln against Defendanta•Appeilanta. Diseriminntio against former mental
No, lant 99, padoot,a cmbr0k,d in zoning ordinance rr
llnlted States 2Cmirt -31 of A wa luiring, alnv-ial use permit fur group homes
Irlds, buiivin;,• 1wrgww recently rclcuscd from
Ninth Circuit, mental ingd(utions was valid if rational, but
Argued and Submitted Jan. 7, 1983. Could be round rational only if It furthered
} Decided Nov, 25, 1983, some substantial goal of the municipality,
6. Zoning and Planning 416
Owner of group home brought action Zoning ordinance which set forth high,
challenging denial of special use permit re- ly ap(,eific criteria for determining whether
CITY OF TACOMA, WASH. 1127 ~ , ~i,•
Vito W" Fsa 1114 uwiai u
speelal use petmite for group home contain. FLNTCHHR, Circuit Judge,
ing persons recently relcawd. from mental The City of Tacoma appeals from a do.
Institutlons was a ralionnl method of ensur• elaratory judgment concerning the city's re.
ing that group homes with former mental fugal to issue a special use permit authoriz•
patients do not interfere with the city intur• Ing persons formorly institutionalked for
est In I'lealth, safely, and oonyunlonvu and mantel health truulinenl to he included in it
thus, on its face, was constitutional. group home located in it rosidontial ills(rict.
6, Zoning oW Planning om271 Tho dlstricl cm irl held that tilt) dunbd of tho
Zoning ordinaneo or permit :xhemu perntlt wax mrbitrary and Oulnlud lilt) tine
which Is facially valid may not be applied in Irrocuosa ebunso of the 14th umontiment, Wu
an unconstitutional fashion, affirm,
7. Zoning and Planning o=281 I
Where zoning ordinance requisites for BACKG11OUN1)
iwuance of special use lermit for group
home housing plorsons recently released b'kv Blount, app,llve is this action, oper-
from mental Institution were met but Rtes it gruup home in the City of Tucoina,
where special use permit was donned princi. Washington. No snore than eight residents
idly because of heavy opposition of nuigh- iivo in Uw, home at any given lime. Among
bore at public hearing, including objections Blount's respifonts are former patients in
related to prior incidents at the home which mentnl Institutions. For purloses of its
could not be directly attributable to Connor zoning orilinirrce, Tacoma defines Blount's
mental patients, application of facially vuliol home as a "(houp Cure Home Class lie"
ordinance requiring the use permit wax un, beenusc it is it "state approved dwelling for
constitutional. persons leaving merntal institulimns," Taco-
mn, "bash., Code § 1906.010(34,l) (19811),
8. Zoning and Planhlnit 0=281 I3iount's hump ix Incated in a district or the
Fact that proximity to u group home city designatt)d "It 2" residential by the
for former mental pationla mmy diminish elty zoning ordinance. Under Iho ondi•
neighboring properly values dues not con. namce, it Croup Can, Home Class 11 may be
slitute a substantial interest justifying ex- operated in rte. 9-2 ilktrpet with it special
elusion of former mental patients, use permit, /if § 13.06.975(13)(m) (1982).
9. Zoning sad Planning 4+461 An identical group home that did not in-
Zoning decision which is arbitrary elude newly•reletowd mental pitticnhr would
when made cannot be hich ts by },race Ire classed tos it "Group Caro Hotn, {;Isis 1"
ducally correct review proct!s4 which pro noel could he oleratoti ,vilhuut a permit.
duees sn equally arbitrary ruling. `loon aflt)r xhe h,gun operntiug the resi-
dence as u Group Cure Horne Chess 11,
Blount was Informed that she was required
Lonnie Davis, Tacoma, Wash., for pluin• to obtuin a spceiul use permit. She prompt-
tiffa•appellces, ly appiicd. F'ullowing it hearing, and acting
Kyle Crows, Tacoma, Wash„ for defend. hardy on the basis of am adverse rveoinniea•
ants•appeilants, tl;tdon by tbu'Pueunw I)upnrttm+nt of Plan-
ning, it municipal Ilearingx A;x;uniaor lie-
Appeal from the United States District flied thu permit. Blount appealed the deer
Court for the Western District of Wash- siun to the Tacoma City Council, which at'•
ington. firmed the denial of the permit by a fi 2
vole.
Before BROWNING, Chief Judge, and Blount then oontmuncod this action in
F'LETCHh.ft and PRE GNItSON, Vireuit federal court. She challenged tie oroli-
Judges, mince both on its face, as unhiwful discrimi-
4 -:T
1
1128 720 FEDERAL RRPORTEP, 2d SRRIES
i natlon against persons who have suffered legislative action must be subjected to more
~I from mental Illness, and as applied, The than ordinary rationality review;
1 district court, without reaching the faclal The Equal Protection Clause was Intend-
challenge to the ordinance, ruled that the ed as a restriction on state legislative
permit scheme had been applied to Blount's action Inconsistent with elemental condi-
home In an arbitrary and unconstitutional tutional premises Thus we have treated
manner, The court granted Blount's re- as presumptively Invidious those clsssiti•
quest for a declaration to that effect, and cations that disadvantage a "suspect
I ' also entered a permanent injunction against class," or that Impinge upon the ezereia
application of the ordinance to Blount, The of a "fundamental right," With reef
form of this relief has not been challenged to such elasalfieatlons, it Is sppropriate to
on appeal., enforce the mandate of equal protection
! The City of Tacoma now appeals from by requiring the State to demonstrate
the district court ruling In Blount's favor, that Ita olaselfleation has been preeiselY
tailored to serve a compelling governmea•
sal interest In addition, we have reM-
I1 nixed that certain forms of legislative
DISCUSSION classification, while not facially Invldlow,
(1, 21 Generally, x municipal zoning or. nonetheless glee rlae to recurring constl
t~ dinance will not be hold uneonstltutionai if tutional difficulties; In these limited dr
f l 4 i n Its wisdom is at least fairly debatable and It cumstane" we have sought the Laurance
s!d) It bears a rational relationship to a permisol. that the classifioatlon reflects a reasoned
s ble state objective, Village of Belle Terre judgment consistent with the ideal If
v. Borsas, 416 U.S. 1, 4, 8, 94 S,Ct. 1636, equal prow- lon by Inquiring whether it
1538, 1640, 39 L,E:d12d 799 (1974); Ruclhl 1', may rairly he viewed as furthering a
Ambler Realty Co., 272 U.S. 365, 388, 47 substantial interest of the State.
S.M. 114, 118, 71 LIEd. 303 (1029), Consll• Plyiee v, Doe, 487 U.S, M. 218-18, In
tutional scrutiny of zoning rugulations Is S,Ct, 2;182, 2394_98, 72 L.Ed2d 7" (1912)
r' 11 heightened, however, when the regulations (rootnotes omitted). The Plyleropinion , r•
infringe a fundamental interest, see, c,g,. plied heightened scrutiny to legislatloo in
y Schad I,. Borough of Ml, Rphraim, 452 U.S. the third category, The legislative clas,ifi.
} 61, 68, 101 S,CI 2176, 2182, 68 L.Ed2d 671 cation at issuo in Plvler affected a grmp
(1981); Moorti! V- ChY of N1181 Clcvolund, that was ant It 41181k'et 011184 and did not
431 U.S. 104, -1991 97 S.M. 19;12, 1936. 52 impinge ou the v%vrei4e of it fundamental
tl.l ulE,l LEd2d 631 (1977) (opinion of Powell, J,); right. liecntlsu, however, the affected
fig l Kualn 0v v. County of Santa Clara, 689 KW group po4sessed some of the characleristia
~i 1346, 1347 (91th Cir.1982), or discriminate or a suspect class, and the benefit denied to
against a suapeet claMOv, sec, e.g., Buchrim;n the group wan, if not fundamental, impor-
v. Worley, 246 U.S. 60, 74, 82, 38 S,Ct, 16, tant, the Court concluded that heightened
18, 20, 62 L.M. 149 (1917); Kennedy Pork scrutiny was oppropriatu.
llomcw, Inc, v, City of Lnrknivanno, 436 In of liiniuinu etc, con8titutionol difflcul-
F.M 108, 114 (2d 0,1970), errf. rieuirvl, 4111 tics that prevao,ptively nccompnn~l icgisls-
U.S. 1010, 91 S.CI, 1266, 28 I,.1,:4.2d 6411 lion impinging on smslwcl elmascs, the court
(1971). The question here presenlud is 110(0,1: '
whether an ordinance that Imposes special some classifications are more likely than i
disabilities upon residences for former men- others to reflect deep-seated prejudice }
tal patients must receive heightened ra- rather than 1(,gialnlive rationality In pur-
view, suit of some legiti mote objective, Legis~
r The Supreme Court has recently restated lation predleMed on such prejudice is eas-
the balls for determining whether it given ily recognized as incompatible with the )
1. Our disposition therefore Implies nu approval of the form of rellef prnnlMi below,
I 1 ,
IIlk
J,W, v, CITY OF TACOMA, WASH,
Coe to I"F',NIIIN (103)
t constitutional understunding that each roluting to halfway houaos fur mental pa.
P411111100 Is to W Judged Individually and 13 tients, See 9000rally Annot„ 100 A,L,R,3d
entitled to equal justice under the law, 876 (1980), See also Heurings on Constltu.
461 U,S, at 216 n. 14, 102 3,0t, at 2994 n, 14. tionol Rights of the Mentally III Before the
The Plyler forimulallon is convistont with Subcommltloe on Constitutional Rights of
the approach in other cases In which tho the Senato Committee on the Judiciary,
decision whether (o ItI>ply in(vnsifled soruti• 91st Cong,, lyl Jl 2l 8c,4s, llw (I41 ( I1,110 I00)
ny turned upon whether the group singled (many peoplu have an Irrational roar of the
out by statute had been subje,ao(I to unique mentally ill) cited in Civil (bmmilntcnf of
disabilities on the hats or atereuty)rud char. the Monially lit, 87 Ilarv.l,Mev, 11111), 12(KI
sater(stles not truly curres)wnding to the (1974)1 vL Airhmn v, J.M, 492 U.S. 684,
attributes of Its members, Compare Mlssis• 8M, 99 S.Ct 2493, 2603, 01 I,,FkI.2d 101
sfppi Un'vorsity for Women v. Hogan, 458 (1979) (recognizing that conlntitmenL for
U ,S. 718, 723-32, 102 S,Ct, 3381, =16-40, 73 mental illness eUn rosult in unWurruntod
L.9d,2d 1090 (1982) (statute establishing social stigmu), But the city has oroaiucod
single.sex nursing school invulid itecow.w no evidence to supjwrt if hlunkut t4s.urtion
based on "stereotyped view of nurslnlr as an
that former mental puUun(s us a class urn
exclusively women's job") with Mnswtrhu• particularly dangerous, disruptive, or uther-
setts Board of Reflrement v, Murgiu, 427 wise unduairublo nolghbors.l We note o1su
U.S. 307, 313, 98 S,CL 2562, 2688, 49 L,Ed,2d that the benefits the ordinance restricts uru
620 (1978) (statute requiring police officers the former mental patients' access to huus-
to retire at 60 valid becauac, "parsons over ing and rehabilitative services, While they
60" had not been categorizud on the basis of uru not fundamentul rights, they, like cdu-
ekreotyped charaoleristle: As Plyier A. cation at issue in Pl)ler, are essential to
self makes clear, heightuned scrutiny may Individuals' full purtlclputiun in saXlety,
be appropriate for legislative classifications Indeed, for former mental patients, a
that do not affect a "suspect class" but, reintegration into society uecompllshed
nonetheless, raise constitutional problems of through living in it mtNleralely slrucUINII
the same variety its those the Court treats mAting in shlenVul net hhorhumN(s is an
as presumptively invidlous," Sue 457 U'8' re g
at 2116, 218 & n. 16, 102 S,Ct. Lit 2394, 2395 & essential purl of iherupy?
n, 18. (3] We In the present case, It is highly "likely" nanco MaycWelluresultafrom 7'aechuiouand
that the Tacoma ordinance distinguishes sleroolypie notions," and most therefore to
group homes that include former mental calve 41)etlul judlclaI atluntion. Sac J ssiv
patients from other group homes on the slppi Umvvmit,v fur Women v. flojfran, 102
basis of prejudices concerning pcruons who S,CI, lit 333f1.
have been instRutiomtlir,ed for mental
health treatment, The pmwulenco of such (41 At the same lima, however, we as-
notions Is amply demonstrated by the ire. sume for the purposes of our analysis that
quency of suits challenging zoning decisions "former menlul patients" are not a full.
L Other groups of persons burdened by the Ta• sldered in light of Its own pecallur clrrumstum-
coma ordinance, such as parolees, may be situ, es,
aced significantly differently, Although the
record before us In this case does not addtess 3, Cf. 1'oaangherg v, Roonv, 457 OAS :107, 3111,
s the Issue, It Is conceivable that community 102 8.0. 2452, 24W), 73 L.Ed.'2d 28 (1982) (con,
t fears cot Cerning such groups may rust on a slllutionel right to minimally adequate 1)r re;a.
1 wand factual basis. But see Nicholson v, Con. necfkui Nall Way House, inc., 153 Conn. 507, theson able ha f' th des pCongress has rrro, and
218 Md 383, 385-88 (1976) (halfway house rnr rights of the dial erenc y disabled, nod
parolees would nN be enjoined as nuisance expressed an official ipreference I'or treatment
where teen of community residents, although ~n a selling that is least restrictive of the
genuinely felt, rrsted completely on suppose persons personal liberty," 42 U.S.C. § 0010(2)
lion), Each group must, of course, be con. (1970),
,
1130 M rEDERARSIEPOltTEK 2d 8Ck1ES
fiedred suspect alaae for purposes of constl. many years wlthout a permit before dusk!.
tut!onal analysls! We make this assump• Ing to take on former mental patients,
tion because the basis for treating these
persons separately at this time tteems not e!fi (e The criteria ( for ordinance
determining sets forth highly spa
completely divorced from reiovnnt roctual caul use should h ing whether a spa
o y upon lr ii These
considerations, We assumo thnl communi• criterlu pu~rlnlt should
ty residents with a history of mental Illness al zoning co g conccernorns"t "the a health.
a may sometimes present special problems afl , Including alt
r
best addressed by special legislative meas. sety, convenience or general welfare of
urea. In short, "fotmer mental patient" lemons residing or working in the commu•
status, like the "Illegal alien" statuof the nity, These goals are eertainly legitimate + .
status, like Jil el In al h+r v, sus. h+ not and'substantlal objecla of the pollev power, '
y &K) Village (I( 8010 Terre v, Hnram, 416
a constitutional Irrelevancy, See 467 U.S. U.S, I, 9, 94 e,Ct 1638, IU1. 39 L,Fd 2d 4"0i I
at 223, 102 8,10t. at 2399. We are guided by 0974). The use permit scheme is a retinae!
Piyler to conclude that the discriminallon method of ensliring ti,%t group homes with
against former mental patients emlxxi!ed In former monto:i pat!onu do not, because of
the Tacoma zoning ordinance 18 valid if the spacial characteristics of their resldenu,
rational, but that it !s rational Only I R Interfere with these interests. On Its face, i
furthers yme suhsstantisl ansl of 1w zu. the ordinance Is constitutional,
itI nic! ap lit, Id. at 224, 102 8.0t. . at WIN; see
t eM Id. at 236 n. 3, 102 S,CL, at 2404 n, 3 (61 Although a zoning elmiflctttlon or
0fil permit sehomn Is facially valid, however, it
l (Blackmun, J., concurring),
I' G The Tacoma ordinance plainly "d!serim!• muy not he applied In an ancenstdtutlonal
fashlon, Watthlogion ex Ml, Seattle Title
i l U nates" against former mental patients in Trust Ce, v, ftobergo, 278 U.S. 118, 121-23,
the sense that it singles them out for special 49 S,Ct. 60, 61-62, 73 L,F,4 210 (1928);
treatment solely because of their medical ,Veetow v, Wiry of Cambridge, 277 U.S. 183,
{ a history, A group home housing former 1870 48 S,Ct, 447, 448, 72 L.FAi, 842 (1928),
ll mental patients may be operated only with Normally, the denial of a t*rmit will be
I special use permit, even though another upheld unless arbitrary, See tVasser s My
} group home similar in all roalwets but riot of flomewoixt, 671 F',2d 4112, 441 (llth Or,
housing former mental patients would not 1982). The scope of federal court review of
require n permit. The record discloses that zoning rh-cisiona generally is extremely nar-
.i ~ Blount herself operated her jrroup home for row, See ill, 11111, here collAillitionnl con-
4. We dpAo4 foreclose (he possibility thus, in a residing or warking In the community. The
case jllh a record more fully develofinei as to Fsammer's findinp.s shall be concerned with,
the charncterlatics and stulus of foin wr nuai(al but 1101 be limlled lo, rile follow-htg:
fill it rn(s, i1 CaflelelSlitn Ihn1 Ih1;v n1dt,e1l roan 11' J. I he gent,rabon 0l nuts,., aaxlaus or 01,
Iu(e it suspect class might 1w wurrallwd, fensive endsslans, m ocher nuisances
6. The municipal Hearings Examiner Is empow. whleh cony Ix Injurious or to the detriment
tired to issue a permit if the following cniali• of a signiflcnnt portion of the community.
plans ere sutlsfiedt b, Av,ulablluv of publK• servirrs which
1. 'Plat, ehnll ho it denaatsimiv4I nrvni Iii ow%, he uerv-ssm;y or deslrahle for the sill)-
the siK4:lnl nse within tilt, couuounlty of large p„i t of Ill[. special nse. l'Itesy muy Include,
whlrh shall not be contrary to (lie public lag shah not he Ihnited to, avnpahllity of
Interest. utlliwv%, tronivortntluo systems, and edu•
2. The sp"Itil use shall be rolmswill tytlli coti0n, police and fire facilities, and social
the goals and policies of the Lend Use Man and he;d(h services,
" agement plan and applicable ordinances of r. 'rile aderltwcy of landscaping. screen,
the City of Tacoma. tug, yard setbacks, open spaces or other
3. The bearings Examiner shall find that development characteristics necessary to
the special use shail be located, planned and mitigale the Impact of the special use upon
developed In such a manner (hut the special neighboring properiles,
use is not inconsistent with the health, safe. Tacoma, Wash., Code 4 13.06.378(C) (1983),
ty, convenlence nr general welfare of Iwrsons
~i
i
.
5 1'.
f
J,W, v, CITY Of TA.COMAs WASH, 1131 ' t , .
CM M no VAe 1181 tlhi(!
woo are h6ightenod, lli a the indivk*W hoWV oV" Blount's appikation, The Ex-
permit application decision may rest' upon aininer found that testimony at the hearing
inaccurate and stereotypic fears about the established four incidents of objectionablu
group singled out for special treatment by behavior by reabdenls of Blount's home,
the legislative classification, In this abtuu• Once, police wore summoned by Blount be.
lion, u court must look mr,ro carofuliy to cause one of her residents, not a former
determinu whether thu iIvei4iun to Tony it monad patlont, wus drinking and dr10119 tit
`oorlnlt is related to the subalantial atute iin oxcuasivo rate of slwad In the nulghiwr•
Interest that Justifies lhu disoriminutery hood. On another occuslon, u neighbor saw
olssdficstion. Unless It spueltieully serves what she loliuvod to be u rlfie p>obntud (ruin
such an interest, the permit danlttl is urlll• the home, although Blount dunicd that tiny
trary and violutos duo process.4 of her rosidunls lwsseasuil a gun. Thu other
(71 The city's decision to dony Blount two incidents cited were "a iron roliaving
the requested permit fails to withatand such himself in public" and "a naked individual
In public view, The Cxaminer staled (hut
analysis The ordinance prerwluisites for the Individuals involved could not to iden(p•
issuance of u permit ure concrdcd by thu find us formur muntul putlents, flowevor,
city to be sutisfiud, Thu Stoto of Wash. based on theso incidents, the Examiner con.
Ington has officially concluded that thure is cludu41 that "the proposed Special Use hus
a spealal need for more small, fumilyliku not been operated in such a manner as to
pp;rottp homes for the mentally III in msidon• peeclutde actlvity, which would constitute a
tial nelghborhoods, It wits stipulated below nuisance to the surrounding neighborhood,"
that the Blount house,
both by its external and internal physical (8) The zoning ordinance states that a
charttetorris ties, has the appearance of a Permit should be denied if the protgmed use
single family dwelling. It is it spi't•lot would "generate noise, noxious or offeosbvo
ranch-style house, and Its exterior i,, . nisslons or other nuisances which may be
pearunco is both similur to and comp ai, 110rious to or to the detriment of u signifi•
ble with the surrounding nebghlxnrhtxxl, aunt portion of the community," This por•
It was originally a single family dwelling tion of thu ordinance serves substantial zon•
and was converted to a group home by ing Interests, But the Examiner's masons
adding some bedrooms, The physieul al- f
by
terationa necessary for this converolon or the Examiner those Interests.
that iNothingnclusion found of
were done by Mrs. Blount's ex-husband formur miner pIndItateg atients In the Wheel home
and are in full eumpllanuro with the build- would be "in,iurbous to or to the detriment
tog eels of the City of Tacoma, of a significant portion of the community"
The oity further admits that "[t)he exist. The undisputed record shows that none of
ence of the home does not creaW any park. the former patients had a history of violent
Ing problems within the neighborhood, nor or criminal behavior. Nor did the Examin•
has it led to any undue burden on existing er find any other reason to believe that
utilities, transportation systems, education, they might be dangerous, or that their pros-
1411ce or fire facilities," once In the Blount home would work any
Our review of the record indicates that significant injury, inLonvenience, or annoy-
the municipal Hearings Riaminer denied ance to the community, the district or any
the permit, (11aplte aatl►tltotlon of the urdl• person. We therefore agree with the dis•
naftce criteria, principally because of the triot court that denial of the permit was
heavy opposition of neighbors at the public arbitrary, because the decision to deny was
I. In a different context, the Fifth Circuit has terminations concerning public health and safe-
Invalidated the damat of a permit where the 1y." Bayou Landing, Ltd, v, Warts, %3 F.2d f
decision Implicated free speech concerns, and 1172, 1175 Oth CIr,1977), cert, dAnfed, 439 U,&
was :Wade "In reliance on public distaste for 818, 99 S.Ct, 79, 6,8 Ud,2d log (1979),
certain activities, Inwead of on IeglelPlive de.
1132 721 FEDERAL ASPORTER, 2d SERIES f
not related to any 006tl0141 soninlr inter.
1l i 1 i ; 1 sit, SM Washf»t'tolt ex M. "tk Trust Booker T. HIILrLERY, Jr" M Blfgr,
Ca Ill. Rob#*% M U.S, 116, 122,'40 S,CL David Mlddletoa, Glenn BAIWk I F'
I' 50, 6& 73 L. Ed. 210 (1n28), quoted in Villas piainNffa-Appelleee,
t 1 of JJelle Terre v 80iraas, 06 U,S, It $4, 94
S,Ct, 1634, IM-1540.39 l,,Ed,2d 797 (1974) r,
1 (9) 91gnifiantly, the City of Tacoma Roth 1., RUSHEN, Dimilor of Cotten
has never attempted to Justify the decision tions, State of CaUforalat Sal mtrel 06
to deny the permit In terms of the ordi.
Yoekey, Deputy Director of Correetieasl t
nance criteria. Instead, It rests Its argue WL Pulley, Warden, California Stall
ment that denial was not arbitrary exclu• prime,,, San Quentin, Californlr~, ats4 J.A.
{ sively upon the fact that the city provided Ingram, DefendanWAppellaate,
Blount with an extensive procedural mecha. y
nism for challenging the decision, inchiding No. 82-4601,
a hearing and an appeal to the city council
But the city has cited no authority for the United Stapes Court of Appeals,
proposition that a decision arbitrary when Nlnth Circuit,
„i made can he validated by a procedurally
correct review process that produces an Argued and Submitted July 14, 1961.
equally arbitrary ruling, The city council Decided Nov, 25, 1963.
gave no additional reasons when it affirmed
+t the permit denial, Council revlew cannot,
4180111 therefore, validate the decision, because at Inmates brought suit seeklnj to elsJeln
t 1111111,10 some point, the action of local officials triusl enforcement of revisions of Depart
ll,sat Of
tl be Justified by reference to some adequate
1 B determining principle" or "consideration Correction's administrative manual. TM
I' u and regard for facts or ciroumstamm," United Slates Dlstrict Court for this NO* '
See Chapman v. public Utility Dleirlct No. ern District of California, Willlatrl W
! 1, 367 t',2d 163, 168 (9th CirAW) (quoting Schwnrxer, J„ issuod permanent inJuaetoo
h '!n United States v, Carmack, 329 (;,S, 230, prohihitiug prison n(flclols from enfoneieR ;
q E~ 243, 67 S,Ct, 2521 258, 91 L. Ed, 209 (1946)). the revisions, and prism officials apps"
The Judgment Is AFFIRMED, The Court of Appeals, Reinhardt, Cheek
ill Judge, hold theft (1) California law rr
Iiilb yuired Depar ant to follow procedurefof
lie o xlraaa«rsrsna Californiat Ati ininktratlvo procedure Ask
(2) District Court properly refused to sir
stain from erordsing pendent JurisdW5011
1 ;
± 7, It Is true, as Washington courts have noted, tientt are distinguishable because the propoMl
that proximity to a group home for former uses In those cases were incompRUble with tM
mental patients may diminlsh neighboring surrounding, neighborhood for reasons: Will"*
property vediwi, ,See PArk v, .Slolthelxe, 24 rd to the hlmories "r dwrllers, tire, e,y, C1tt
Wnvh2d JAI, Jail IM, 1117 1' 2d 114 41A (IM11). „7 rlunu 1:vullr v ,vhntl, or, ,41.2d 161, 30.0 i
We ihr ni,l rou.airkir this fneiur, vuonlhil! ,hnu', (Ahi.I97A1 tl,{< hlbQed uw- amnonted t0 1 F
in oinxltime a 6Uhaiailligl w(orehl wNttlviog "roa,lnniq" ,u' " Ieliirtilup" hawse, In 061144 a e1
excluvlon of rot,mv nivniol pnmmis. In iho nunoripui nrdnnnuel; t'h,tvlndf ildlCO. v. dd
absence of nlher fnclunl rowym.4, it muse ins ,h'o"h"nosh, 761 Wnsh1d 741, 743, 74744
presumed that any diminution slums from pap. 45A i' 2d A91, wm. HINt ( Ila) (retorted use was
ular prejudices based on Inaccurate sler" n large nursing home located in a dsstrlNkl►
9? types, Property value diminution stemming dergoing long-term residential develop~k
'
from such prejudice against a class of persons cert. deriled, 397 U,.1. 988, 90 S.Ct, III/, 31
b' has been held insufflclenl to justify a Zoning L.Ed.2d 396 (1970): 'In the present cafe, b
reslriclion, &,g„ Buchanan v. Warlev, 248 U.S. contrast, there is no question that the OW"
60, 32, 38 S.Ct, 16, 20, 62 L,Ed. 149 (1917), home was compatible with the surroinidal
Other decisions sustaining zoning decisions neighborhood In every way except, arg,1111*1 '
to prohibit group homes for former mental pa• for the medical histories of its residents
•
r.. . .n. ~
CLIC ON Lmillio on" v~ CITY OF CLUVRNA TU
Cssat'eel.W1" Hesse
Inge 'tt° of the Act satowing sntsrprlale by RWW. ' A"armed in part and reversed sail vs.
vi+laaoe. eon sail the (wow"t deattiONS. rsaeo"Y au►ndeo in part.
Ability ' lel to rejeetiatt of the lounrm pit
t of Oe gested'by Jeaalap U Uw madjusm may
.hu evl• have boo PArchasecl or controlled'tolely by 1. United States gwU(2)
1e trial Rkhereon, his eoafederate. Zoning funeUon of city CounCll was not
leluding C'"Wwioa within a_"program or activity" subject to
the do, viakne of Revenue Sharing
Finding ao aserit !o the defeadaat a OOn• P° g Act; thee,
ne trial tenUoa Wt lasuffieieat evidence supports ronlng ardinaaa excluding msnW War-
Agh the the finding of his guilt, we AFFIRM his data' gaup boma from permitted " In ~
of wit. oonvietioa. spartmont house dtstrkt could not be
supra, APInKMZD. oballettxed under the Att. 91 U.S.O.A.
trier of 071&
;letting L Cetsetitudspe ~=13,149)
, us to e r 'Pbrta degrees of of soruUay are applied
Unit. by w,urts in analysing statutes ebWUenged
37 Oth under equal prateeUca clause; if it iegisla-
Ct. lull Uve claWfiuUoa disadvaatg" e."suspect
claw" or impinges upon exeuew of a "tua•
above, daa►en,W TASK". then Courts will employ
red the CI.>eWWX I.1VWQ CENTl1A INC., of strict eorutlay and statute mush fall unless
;undant PWaWtrAsa~ gnveraatent sew demonstrate,tbat 010.e1410-
rfJuana WicaUoa has besa precisely tailored to
l it (at serve a oompealslg pysmetaw Interest;
CI7'tf OR C tl > TfIIASt et al. It the elaaifIOAL*. wWie not f"Wly lsvw
,var the . ious, noaethelew rise to reeurrla; atlas
innings NIL A9-16ft stltutlonal difftesu~ ecvee it will be crated un•
in the United States Caul of Apw41, der intera»diate scrutiny asd 'statutory
+e trod- classification " arve lmpwwt. govern.
17tftM Classic meatel sbjocl aad must bs substantially
the related to Wdew"t of that, ebjeedves
te nefes March 6, 1961, in order to withaumil such serutlayl if aei•
vitnas
lid not t ther strict nor lntermetilste scrutiY
a is
ap"
of his Suit was brought eballeaging vauty propriat►, then statute will be, tow for
rt. If of soalag ordlnaaoe excluding meatal ntar~ mere ntlonality. U.S.C.A. Coast•Amead.
nil it is data' group hoaaae from pertpitw spec in 1/. 1, 1.
,eo the "apartmeat Moises distrkt,",r. The United 1 COaedtWeala) Law OWUL1(6)
smug. States DWritt Court for the Northern Dis. Mentally retarded parroas are a "quad-
,Igh he trict of Texas, Hobert W. Pater, J., entered suspect" elan and laws dba9miaedng
.e per. Judgment dsaying plaintiffs rllWO And they, apiwt the mentally retarded ahhJuld be '
,r was appwled. The Court oat Appeals, t3eidberg, 04h Intermediate" scrutiny." "U.&O.A.
,taneea Ciroult Judge, bout (1) t isit fttm' Coast.Amead. U."
u Stan. tloa Of city council was not within a "pro- . ' "
ry-trled gram or,ocovity" subject to provisbns of 4. CoNtUmtioAal Law ow22$4
sser v. Revenue Sharing Asti Uwal soloing Cali. ' Zoning ordinance excluding manta) tw•
451, naam could not be ahallesbed under the tardata' group homes from permitted uses
n-ttled AOt+ +W (Y);roaiag olydinapoe was uaeoaeU- la "apsrtmatt haw district" wg1 '14idd ti•
0 test, tutianal ea its NO sad u applied under tuUoaat oil Its ism sad sa applied. under
intermediate elwuciay equal protection anal. interrnedlate seruday equal proreetibn snal•
ysic ysis. U.S.C.A. Coast.Amend. 14.
7N MERAL REPORTSP4 U SERIES
6, Ceetetittltloaal I,aw, 0*424(2) , mark of unfair discrimination in this eoun-
II
OrprJution which aimed to Improve try, Such segregation perpetuates Not
wlfam and treatment of the mentally re•' stereotypes about the exiled group and
tarded, wllleh never Identified any It IYWu• leads to a virtual caste system built on Ing
Ws who actually desired to law In mental misconceptions. Thus, blacks were unable 11 1 pr
retardates' group home and wh4h failed to to dbprove racist stereotypes so long as fur
1 prow a sufficient Injury to lte own Inter. they were excluded from white neighbor. clai
ate, lacked standing to challenge consdtu• hoods' and th4lr chlldeen were Isolated in slit
tlorlallty of coning ""arm excluding ugregated schools, for
mesa,ll rew*tat group hollow f mm parr. Moreover, the effects of such Wgr'egation i
gritted sues In "apartment house dietiiot" In are espeeially perniaitus when the outt"t hs
t .fts. owe right or as a repreisntatlve of its group lacks the polkkal power to resist
I instiabers, unfair estagoriution, Courts have careful. sts
iy sarutialsod legislatkn that discriminates tai
aradtat politktilly lmpatent groups, for'un• vk
Rotten' Hkka, Adroaioy, Ift, Austin, der these olnumstat►oeM the donee Is groat 1,
'ilex,, for pla~ntiffs•appeUattts that the statute will refieot and enshrine
Earl. Luna, Dal" Tww for defendants. untrue stereotypes,
appel► In the prostit em, we are low with the ho
iselatlon of Jot. such a group-the mentally bu
Appinl from 0A •U States 6140ict retarded i.e. scans who poses certain de
dogrt for the Northern District at Texas. learning d brat but who-are to be dis• G
Before CHARLESALARK, Chief Judge, g k+Md from the "mentally iIL" t tons or
, in ordinance of Cleburne, Texas, exec cludes sr
GOLDBERG and POLITZ, Circult Judges. mental retardates' group homes from the th
GOLDBERG, Circu~e yudge; permitted uses In the "apartment house dia• nt
met. The owners of a proposed group
The segregation of one group from the home Oallenged the ordinance under the he
rest of soekity has been the historical bench- Federal Revenue Sluuing ,let and the C,
I, AA as expert, Dr, PMliip Rooe, stated at trial: below 20, these tub caleWee combined in-
A, tiasewA"y menial retardation is s etude only about flue percent of the popula• w,
mobletn of Insetting. It is wAMfokod parts . Trtio TranscMpl it IJ7 3a IeO. t*
uSarly In dIMculty with sbetrad thinW7y ht
yudgtttmM and problem solving and lncludes mental relsrda w
social adiusttssent W eeonomlc productivity' Dr, Roe also txplalned that
tloq to not a mental Illness. W
1. Now do you decide if a percat is men.
Mq. i mental retardation a type of men s~
taJ♦y retaeded7
A. Wt use b"Wty W" criterla; Meas. II e•
wed ImelllgeY►ce, adaptive behavior and A No, sir. It's an entirely different con.
rnediea! clasatflatlon. dI<Ion rent t[Af entirely different approaches,
Q Well, how do they dih*? e
cit Mental retardation Is a problem or l it
o- Are there different degrees or levels of fi
in"" retardAtlon? adWip6in intellectual development and sodth
• aptlon, Its onset is somNltnes from birth
Ai Very deAsutety. Ttw* Is a wide varta• or d6Mna childhood. It is primarily an edu• j
bitky among rtutdod Iedlvidusls. 'Me mild. auotW type of problem, And, traditionally t
eat level of mental retardation, referred to as it is Irreversible. By which i mean there may
nWd mental retardation, these are Individuals be some amelioration, but to date It is not a t
whose Intelligence it roughly between an IQ curable condltlon, I
Of 60 And An IQ Of 70. This Inchlden approxt• Mental illness, on the other hand, Is a dls• :
matety elghtymne percent of all romtAlly order of thinking, of emotions and of behav t
retarded people, Roughly nitre out of ten lor. It can occur anytime In life, often afirr a l
mentally retarded people are mildly retarded, period of normal development. II It pMmaM•
Moderate menial retartlstlen, IQ's of ly A'psychl'atMC, rather than an aduat ttsl t
retytlily 111 to 60, InehMds'stn percent of the problem. Sind often it Is,*"mlble: That Is, It
t population, severe Martial retardation, IQ's Is potentially curable In many awes.
20 to 95, profound mental retardation, IQ Trial Tranurint At 1*,8-139.
AIL
TIES CLR>gU17l 9 L "d CEIV'1'1t'H•r, CifM' Or CLOURNIE, TEX. 193
liscrimination in this coun• ax046114FAdlot (leap
'egatlan perpetuates false Equal Proteotion Clsuaa of tM PowUamth cars, 'Choir stay at the home would be
ut the exiled group and Ameadmouk We Njeet-tho Revenue Sham voluntatf, and the length of the stall Inde-
aal caste system built on ing Art eWm, Waves aoning was not a tertnlnata.
Thus, blacks were unable "program or activity" reaivht{' eooderai As a Level 1 Intermedlate Care Fs4lity,
it stereotypes so long as fUNIC In walaating the Cqual Pto11440" the Peatharston horse would be sub*A to
tied from white neighbor. aWas. We bold that onamW retardate cola extenrivo regulations sod guldelinas al•ab•
children were' isolated In edtut a "quaaioewpeot" also; &ad# tbar* Iishe l and administered by the United
ns, fora, we tart the oorr4~iaaaoe aeaording to the State Departmont of Health and Human
effects of such tlon "lntermsoll tta" of soratiny stab MW p,,~pr oa, the Taxes, Department of Hu„
rrnleious when the ouuttcaist by the Sui+rinnie CwAK' Umm the city man Pwouress, the Taxes Department of E
Political power to roost W fWited to peeve tM 111so Wdlisana IIJ6 Yenta HoWlth and Mental Retardation, and
,tlon, Courts have canful• btwattaft furthers a'Iigxd%ot govrttnmaa• tM Taxes Department of Holth. CC,C
0siation that discriminates tail ltttasro,t, we Wig that the ordinW" plans to amply with sit appika►bk and wd•
y impotent groups, for'un• vk"ts the R41W claw" etbai Clause statate; regulations, Bodes, and osdl-
stances the danger b great eatse& Clsbetrae, supra new S, M d, Find-
will refloat and enshrine 1, FACTS (air a
es, In July, to, rite '11116aah purehand a • Far matrWly retardW,po-was living In
cane, we are faced with the WW at 301 l 011116 fleas 90"t in 06' OW 19WIl, tW exi,tenea of group homes is
such a group-the mentally brass, Texan, Ranaslh Is the Via PeeM- ea'itw to assimilation into the normal tul•
rsons who possess cer±,ain dat red partewssr of Ckburae Livia# 'turn, As the trial court found,
w I but who -are to be dis• CM awk Ina ("CLIn a-Tl4iua corporation • Group home currently are the peinoi-
the "mentally iIL" t Atom. erganiasd for the ' ' of atablilhiag pa) community living alternatives for per-
Cleburne. Texas, excludes and operating sesPWV0 homes for roe who are mehWly retarded. The
n' group homes from the the ateaWly tatarded Hantash bought the availability of such a home lit communk
the "apartment house dis• Featbaretoa house fAir the parpoa, ^f sew 'tie is an essential Ingredient of normal
tars of a proposed group Ing it to CU3 for tM opevotil" of a group living patterns for persons who are men-
the ordinance under the home, danifle l as a Levol I latermWdiata Wly retarded, and each factor that
a Sharing Act and the CAN Paeility, makiA such group homes harder to estab-
two categorise combined In. The home would how thirteen amen and dish operates to exclude porsons who are
A nve percent of the papule. wotnea Who alb mildly ar moderately re• mentally rbtardad from the community.
It 137•3a, 140. tuded, They would r*W" twenty-four Cleburne Giving Center v. Chy of Cleburne,
hour superviolon from CLC staft members, supra note 3, at A, Finding 34r At present,
xplalned that mental retards. working slot-haw shifts. In addition to th*re am no group homes or hospitals for
tal ulnas . haadliag some cooking and cleaning, the the mentally retarded in Cleburne. One is
l rota" Won a type of•montal staff would word with the menWly rstarri- looted in Keone. Texas, approximately 16
Il't an rrturely different con. ad residents to Usia them in such skills as minutes by automobile from Cleburne,.
i Mallory dlfferom approaches. "kitathsrr nNtaageesept, maintenance, per- It. THE ORDINANCE
w do they differ? seam budgeting, meat prepsratkn, aodem• ,
•et usl den Is a problem of i Its rotated to ikkpondlent living (such u
Meet is sornetirrret from Section 9 of Cleburne s zoning ordinance
rclur+) development and ;biWrth birth bow to read ellrrrified advertisements for lists the permitted uses In a district zoned
It-81
hood. 11 b primarily an sdu• jobs and housing), and the ttseIand enjoy- 1, An use permitted In Z){etrict pt 2,
,ra{tip►yon,, but wh And. Wradm may ment of leisure time aetlvitia An inter. y ushouses, or multiple dweil•
P, By but W to date morn there may discipli
1t le not a nary term of staff workers would 1. Apartment on, prepare an IndividualkW program for each ings.
on the other hand, Is a dis• resident; band on his or her particular 3... Boarding and lodging houses,
na, o< emotWe and of behav.
es n after a needs. The reskielnts would have jobs In d, Fraternity or sorority houses and dor-
x anytltneIn life, one after a
al development, it is primari, tM community and in a wont activity can- mitorlen.
C, rather than an educatlonal ter, They would probably not have private 6, Apartment hotels,
nen It IA revlfrWe. That la, II
urabie in many caret, t Cfgburne Uvift Caster v, City of Cleburne, (N.O.Tsx. April I6, IM),
it 13t1 1$9, No. CA 3-WI6T64, /Up op, at 1, Findina 23
1 t~»l~~h sRl~aos~T sbRMS
A ,10pf44 u►aitariunss, nursing homes 4. the siae'of the home and the number Intl
or boanw for convalescents or Wi:4 otber of people to be. housed; eta
thus for W ineatte or ltreblaaRaded or S, conolrm over the legal rosporuibility the
a16oho% or drug addku. of CLC for any actions which the mentally
9,. ;Private clubs or frskraal ordere,•ex• retatded'reddente might take; for
e* those whose chief activity is csrried e, the home's location on a flue hundred tut
oa is a business, (600) yw flood plaini and the
Pbihanthropie or el«m
a, ~synary Inati.
tutiom, other than pearl Inatitutloru 7. In general, the presentation made be. A
S, Aomery uses euctomarily imoldent fora the City Council, of
b any of the above am.... After exhausting administrative remo. do
ld, at 4. Finding 12 (emphasis added), dks, Hannah and the OL0 sued for Injunc• ho
86e0on 14, subdivbion 0, of UKI same tive relief and damages, In the United the
"histme requires that spselsl Use ptlrmita States District Cott for the Northern Dis.
be ob+,aitted for " ho # Ole for the Itwpne or trios of Texas. They were joined by the V.
ft',sbl#-lmfnded, or aloehoile er drug a+jdicUl plaintiffs Johnson County Association for i
Of 0111111 or carreotbael institutions" that Retarded Cidus (JCARO) and Advoeecy,
sine to be operated anywhere in thrt city, Inc; in asserting the constitutional rights of tol
Id. at 6, Finding 1S (emphasis aided), Be. mentally retarded persons who were paten. 61
to
cause the Featherston house le locstml in an tial residents of the facility, JCARC Is an to
R-S sons end, more generally, because it is, organization that aims to improve the wel• At
located Anywhere within Cleburne, lta use tare and treatment at the mentally retard. to
ae a group home Is.not(automaticapy per. ed, Advooacy, Inc, is a non-profit corpora. to
mitted but requlm a special use permit Lion that provides legal services to develop. ac
i from the Cleburne City Council, Undor the mentally disabled persons, C
zoning ordimanee, each "Jai use ptlrmlt is The defendants In the suit Include the g,
valid for only one year; so the ownere of City of Cleburne and individual city em. 10
the Featherston house would have to reap. ployees anti council members. After a
ply year attar year, bench trial, the district judge entenad judg• ti(
1I1. PAlxllalJD1NO5 BELOW ment denying the plaintiffs relief on each er
of the grounds they had claimed, This sp•
On July 28, 1980, Hannah applied for a peat follows, fe
afteoial use permit. The Cleburne Planning Rr
And Zoning Commission held a healing and IV, ISSUES ON APPEAL g'
denied the permit, On October 14, 1990, The e
the City Council of Cleburne held 'a public the toning raise various challtngw and at to R
hsarinx on this POrmlt ap;tlleation and main g ordinance Its face ace and
e,
voted (8-1) to dorly the permit, Tho Coon. naapplittd, Thoy araua, first, that it nrsld F
oil members considered the follor+lng fac. ntww and the s;mclel use permit drniul
violate the Revenuo Sharing Act which pro. it
tam., hibits discrimination against "otherwise
I, the attitude of a majority of owners qualified" handicapped people, 31 U,S,C, C
of property located within two hundred 4 1242(&x1) (1982), rrcodrfled at 31 U,3.
(20) feet of 201 Featherston; C.A. § 6716(bK2) (1983),
2, the location of a junior high school The plaintiffs also claim that the ordi.
agrees the stroat from 201 Featherston; ntl,nce and ils Application violate the FAaAl
3, concern for the foam of elderly rest. Protection and Due Process einuses of tho
dente of Lhe nolghborhood; Conetllutlon,4 We find the Revenue Sh;3 r•
4, The gIA111Htfe nsuurt that the nrdioArtae vim trary and mprletnns, thus falling to meat the
Iittes Duo Pruceas in Iwo ways, -rhe diallnc• minimn! rm lonalio, rcquiremente set out In'vl. ,
Vans drawn In the solute Ave nlWspedly Arhl• IsKe of Ew.14 v. Ambler Realty Co., 272 U.S.
CC.i!llflilflt f~ C C1'1'~'`d!' CLlil'gURN10, TZi 195
am So of the home and the numther M lei (100
housed; 11i~ Aet elaita U' 161iklag (h Ow dream. tedearal IOWA, because It deeldes which apo-
110
the I 4tabeet of 04 cam-, llovrivelo, we hold that oVW city programs will ultlnlawly reeelve
►ver coal' tvsponsibllity tM "ashas,,both on It► fats and the int► P4 Therefore, every actlon of the
Willa" which the mentally ae, applied,-44t0%e Nat proteetlon, Then- City Council (Including Boning) is subject to
tits might take; tore, we need 111`0`11 &e*S" the other constr. the requirements of the 1levenue Sharing
'e location on a five hundred tattenel ehlmle. TMt OW WOntlal Issue Act, 01, Orove City Colkillo v, Sell, 684
1 plain; and that Is worthy'Of netts is the deteadlutts' d1'2d. A64 (3d ClMM12), oert, granted
l, the prseentatlon made bw iiije!iew tlatt JOA90 Held ttgndlrl~ to U,80 106 8,100 11A1, 76 1;,Fd,2d 429
curtail, prole" to tits An% area tits pwfb !flats (10) (entire W14" a "pratlram or adlvt• 11 sting adeadalatrative maw i.' of 06 trod; ise rte, It* dstairnal"
* ty" in`TRW Item). We aw,act willing to !
dw 69, affect oar eb~ tM Meritk maka that lap in the dreum taaces of tai
red the Ct,C ttaed for Injune• ± - M040W, far tlw sow owita, remain is
I damages, An the United arm., ;)E.Yea U we aesuase that the City
Court for the NOAMns olse Cousill's function to a"urilag funds sub.
They wen Mood by the V, IiJCV1CNUN S11A1UNG AC'C' *W Doi's deawaris to tbe.A4veeaue Shar-
wn County Ast oalstba for ing Act' tbsh was no-appanat link be-
fns (JCA11C) add Advocacy, „ tC) "Cho' tilaintiffl+ ltrgw, fbtit; t Coca- time ttat tusttlon *#A, a Council's fu►x•
the constitutional rights of ~ >Ww f>~atba of ~iC>lburne City ties is eaakiag "ac dedalm 'These
ed penoda who were ten- 0 is w(thla a "Dr48ftM air nativity" subject 'ware two entirely. separate powero and
the facility. JCARCpIs an r wt 81 ato 6 lrntli (100). epe ~ sWW be MWWWW s persu ptrog'rams.
to
t of to improve the owel. d. gees, As trial esurt SoK eleer and We do 'not hold that a City Council could
tout of the mentally retard. wWoo , ~a ~t f~ fiver be a stride ptv► "m ot~ activity, We
legal 1* le a nonprofit corpora. fonds were not vissill to firaallea the sorting merely hold that thoea condltians do net
Icy
M services to develop soMtin of tM CI Council, See it U.S. exist to this ass!
Persons, C.A. 14710(01)1 Iw also Nora Raven
its in the suit Include the Born! of Bduatloa to Bell, 466 U.S. 512, yL EQUAL PROTECTION
tie and individual city em• 102 8.0t, 1912, 1920,72 L,i;dAd 299 (1982)
luncil members. After a ("program or activity" langpage In Eduaa• 121 The real problem with the Cleburne
district Judge entered judg• tlon Amendments of IM makee their eov, ordinance Is that It denies equal protection
he plaintiffs relief on each its I>t►m•sl)l Brown v. gfl~Id}o, both facially and AS Applied, in recent
they had claimed This ap• d00 F,2d 700, 747 (6th Cir,1981) (receipt of yeah, the formulaic analysis of Equal pro.
Mortal finanoiai usMaaoe by multipra t4rtlon claims has produced three degrees
APPEAL gram entity, for applleation to certair:pro- of Serlrtiny for courts to apply in analysing
game or ectiyities, dads not bring entire challenged statutes, The Igvels are gener•
I retse various chalts"It" to entity within tits rgch of Station 804 of the ally ft1w "strict scrutiny," "intermediate"
Inanco on Its face and as l; &MItation Act); Board at PuMe In- or "heightened" scrutiny, and "rational re-
arr"e, llrat, that the ordl• stnwtfon of Taylor County v, drlnah, 414 vlew," we Plyler P. Doe, 487 U.S. 202, 102
atxelal use permit denial F.2d 1008 (5th CIr,1909) (multiple programs S.CL 2982, 2994-96, 72 I Xd,2d 786 (1982);
roue Sharing Act which pro. In With V1 oontext), the choke among the three levels depends
nation against "otherwise The plaintiffs clalnt, however, that the upon the nature of the statute in question,
,'capped people, 31 U.S.C. City Council itself is an activity receiving If the legislative classification diaadvan•
h32), rimWifled at S1 Us.
t) (1989) 143, 47 S,Ct. 114,71 Led: 3a3 (1924); see also sWered a single "program or ictivliy' under
Modal v, City of Gast Ceweland, 431 U.S. 494, the FducAtional Anwdtnettts of 1971 because
A also claim that the oath. 97 S,Ct 1932, 52 L9d.2d 1131 (I977); Neetow students received federal tWtiom aid The aid,
pplIestlon violate the Equal v, City of Gaa(lx 277 U.S. 183, 48 S,CL which was not earmarked for any specific pro.
447, 72 L,Ed, 942 (IM), Moreover, the plaltH gram, 687 F.2d at 06.97, would coneeivabiy
Due Pro" elausee of the tiffs allege that the statute lA unconstitutionally have ultimately funded even program In the
We find the ltevenut Shar• Vag~"ue See pogrtlstou 'v, City of Jacdaen• w1o1le; but the cave reveals, do attempt by the
adman; thus fstNnx to MM thr gk7,24)06 U.S. [I1s, 43 Skt. M, 31 L.Ed,2d Ito school to provo that certain'.!-rgrpms were not
funded, Instead, the eolle,(e argued that the
Itty blet ttal y net Co,, (Ali IA VII, L ThIA cue Is distlnllidom ate from Orove Clty funding was Indirect, at•'.nll to students ratter
emblrt Really 272 U.S. Colkge supra, where the Mkje wan ¢on• than any prograr" v: Use college Itself. Id.
,i
~l
184 r tY ?»i ItEp" 2211`41111IT1i11, 24 Simms
. I I ' 1.10t
1 .
by'ft at "wq>»ei. e(rsll" a at itf2t(M" . umam W for "WIN rttfonality, We "Ileok only the protc
the ete40e1r o> 41 "fnttdstto"U9, rlo#tt," tMn OMtlMM thin the - claN(fkation at IMU$ prose
tJts,situ'ti.lledll,Ottlpioy4044 -ie>r+tti4 Plxl• b"" 10104 fear 1`01Ootuhip to ti leryitiatat4 Aa:ord,
of v,. DO' laf 1bs1 S bt At 7~i1-r~ &W jublk purpose,'4 Plyler Y. Doe, supra, 102 ~-T
no if4 1b, ies OAtilti attar talf'unlaw the . ICL At 204. U.$, 36
>r04iiin". l 64 tl4wratmIA dat *4 w44064 (a); Is deeidinr the appropriate levill of (1984);
IM A" bM b~Ntt pr6gi4 .,,W*W to reratloq let thk Usk W4 now tkat the p)aln• Produe
4 roi# 001111 ~l MOW ON hayrildevWied ne furA&m4nW r*hts S.Ct, T
~
M 1 V WX 1 . 11 1~ ~ ' theft am ltapdred by tha Ckialu'" •otdi• In Ply!
it. tltir usMisillMS3ots, w~1u uieir!6e haw • Our 4aalris, tbea,.'lo Umited to that
in :*%0W" ClV481 eW t0 burr. wketkw "dew 4! Miliall ly W 416d pets ~ (s)on
riso"960kt(ltt0kl+pti, dltlletilt1*" k it, 1#111 rotes 16-41 get W a MA Pon"" srfff- other
be terW`U ckil. (1ltereneditil~ lautlny, daft tktaaterletia of 4 surprtt.444 to rath,
Salt ilrltr, for pN, wbrtt.• worrat)t Iltt4rtardiett4 revive, suit
rttttatR'• tell 9t{~itt9t'a' gkkh Altbtw#ll'll *.dlttMef evahtr btll►it dish latio
shwr,ptir;af tlw`oMttla(tlttiilrtlri' u;'` owes* 04 oast (tad to 4p011a4 Ily r
wipoal lqIdr; SYtI ld, 1st 4-h'1 ,ti,: trpi„bdtr%W?- tl,ewint curet plVPV! chat'. pons
hk v, til01ti9iy'I1 , U,Sr w'lhf'f, 1? aft Aaron 6two of tla Awly IrtMW Po v onf;
11101 14% IS:LjMjd H (I"'_TSK ,tor MqW Peowtion 44alfr1010. TheMOra, Clan
Apt4t *w Gbtiltl1400W L410, IM (1ft we fetes the lore as ON of (test ln►ps+rdtttt, 60
7'o- witlostal" latetrand1444; rar';4s 04 ?W osurtr haw idrnWW semW lotileia
datoWY,414sslfk+ttoa m"t-MWIF iaspor• of the tiYrp4rtt elurss. to S" Anotle le- oa.l
curt repameow ob*tiveeyuA must be dependent SO" Dkb *t Y. Root4ueti 411 102 S.
subet4at411y r*I&W to the see. voaant of U,B. t ffi, 9:) 8,Ct. 1!78,1291, IM L EdAd 1d Pin'
tho4e 0b)4oti 00 01* V. Herrin, 426 U.S. (1978), the Suprome 4"I't conrwww auras
190, 117, 17 S'Ct, 461, 467, 50 Ltd-2d 897 whether more
(1978); 104 Also 'Plyler V. D* MWO, I" the time Ir . saddled with such dis4bill• Lion.
S.Ct, at 2/96) hull V, L0114 481 U.S, 8691 tier, or subjected to such a hl" of 361, 9
266,09 U11. 618, 898, 68 L.Ed 2d 60 (1078), purposeful unequal treatment, or reie84t• (10")
06 ~
if neftlta'MA nor Intemnedi4teImtiay ed to stetl►,r.positl" of political power- In
thi
is 4ppee~¢eirlte; tM4 the st4tats wifl be test- Iesrn4M ar to cornmrrnd extr4or IRM7 a t
ere m
{ TM cOtaRa ha~pw kler0titled'i ntutrbrr or daaN• 1991) (aamak Amferaon V. Banks, 520 F,SUpp. ants),
Wft naatteea u YI y MOM4 . $001 e,r., 472, 612 (S.n;aa.ml) (me"ly retarded w
MdAvMYr v. 1'7ar* 379 0.& 104.-M M 0000 net t "qurd•surpat" dast). Sane CAM h C,
2q„ is 1„lydad 222 (1961) (daNW40100 by haw dlacwped whether mentatly 111prrM AN we cl
raak 0"eas v, COMOMia, 33Z US, 633, 86 a suspect or "quasl•susped" clan, See, e.4., dates
S,cL 2911 $2 Ltd. 249 (tOW (natM" otiSin); Does V. C,*utd, 69s r.2d 704,716 (30 ClrAM) enou;
L:reharM v. IrkMru+dratt, 403 U.S. 366, 91 SCt, (mMtta)ty III not a atepett c)asa); Steiii,lS vl 4W
111439 LUM 534 (1971) Wiena4.), RAMS, 170 r,supp 104 1036 (N.D,111 1979),
rev'd other #mum* tub nanl Schweiker v, crimi
So AaadeiiUm for Rrtar*d Cklrerts of Wilson, 480 U.S, 221, 101 S.Ct, 1674, 61 Ilkely
North Drkota v, Olson, 661: F,Supp. 473, 490 L.lW.2d IN (1961) (mentally III a "gtuul•sus• They
(D.N.0,196Z) (intermediate Kill My approprl• ped" class). However, n"W Illness Is distill.
unfai
ate for cla tifleatlons dhWHminat(n4 a=ainat gulahable in struticant ways from nkntal m
mentnUy retarded persona); FWArowsid Y. tardmiop, as we discuss btfro it note 10. 'illus. Unti',
Shapp, 446 F,SujV. 916, 957-59 (EM.Pi 1975) the 0nen(al illness cases offer at beat only weak pled
(same) Wkfam); d, F'redsHck L v. 77rorraa, analogies to the case at bar. Unit,
406 F,Supp, M2, &78 (E.C1,Pa.1976) (classifka. Sock
lion discriminating aaalnst learning disabled 6 Romeo v, Youngberg, 644 r.2d 147,103 n. 35
should be tested under IntertnMWe scrutiny) (3d CIr.1961) (en tuna) dots suggest, however,
o
(dkturd Bul see New York MAte Amm. far that mentally retarded WOOS might be a "dis• I.
Retarded Childrn0n v, Roekeeellor, 357 F,9ftpp. crete and insular" minority dem.-ving height. 1#o
782,'102 (F D.KYJ973) Onmales of .Alale NMI- rned srrtatny. Ste infra tt 14, C Y, Abrams v.
tuil m fer mentally 'rriarded not it susprcl 11 Cdrnwtti! Co., 6D5 r.2d 34, 39 (.d C10082) P
cur+s); Devt1npmtnlA1 f1 AMMIles . Advtu,A(,y (dWriminntift eaaingl mentally retarded per. f'
Center v. il4rdto", 821 P%Supp. 363,171 (D.N.H sang Is Invidious). t'
° t CLSBURMN LfMG C1113" M V. CM OF CLEBURNE, TEX. 197
awso?MC I% Aesq
Ity, we "seek only the protteetion from the mWoeitarlaa panties! half of this century to have retarded per.
claaeificatkn at issue pro". , sons eradkated entirely through outhanasia
,6"Ah • to a legitimate Accord, Plyler v, Dos, supra, 102 S,Ct. at and oompuktory sterilization, Sts Penney!.
yler v. Do*, supra, 102 2M-96 n, 111 Orahom Y. RkhotlociA 408 vanla Asm of RetaMed Mow v. Penn.
U$, 866, 372, 91 SA 1948.29 L.Fdxd $34 sylvanite; 348 F,Supp, 2791 294 (E.D.Ps.
M appropriate kwel of (194)1 4es also Ualted $tater Y. Carlene 1972). Euthanasia was rojectedi. but thir•
We note that the plain. Prod" Coq 304 US, 144, A" w 4, 69 tytwo states have had statutes providing
pe fundarreatal rigltta SA ,?M 798-•34 it. 4, 62 L Od. 1294 (193tij. for the sWlls&tlon of retarded individuals.
)y the Cleburne ordl. In Ply* Y. Dos, supra, the Court also noted id, at 214 n, 41, F'alkowskl v, Shapp, supra
IN then, 'I.$ ~ li~mi-tJed to that note 7, at 169 n, 91 O'Hara dt Saks, Eu• i
awtally rertmiad par. (a)ol' el"I'leatlons are more likely than polo Sterillzatien, 46 O".W. 30 (1988)1
t toast poossssss suety sthMr to reflect 4p-Mtrd p+eludioa w aW 9aok v, BeN4 V4 U A OX 47 S,Ct•
of a su"t,eWa to rtatMr than iegisLeU a ristlem,Qty In pur•, 04,11 L FA, 1000 (1137) (Ohoiding Vlrliin•
t roV116W. sult•K pmt IgitimaN objoetiv~ + it
oempYtMory aterllhtaUon law)r
kriat bodelt halve di1. t LUoa ptredf"Wd to pmt' i1a 14 sw Ms{ntal retterdates have beset ttttgrsgato
1 t' n find no appellate ley, Perogveiwll As. ItaottipaUbi+, with Use
MIAN the prelper char. 01104t4tw1 d u040taudiag that sash la smote, stigmadt 1 11*1tutlons, CIA-
pow is to be jVO*ladivldutily and Is, btrrtre living' Center V. City of Cleburne,
'Ally 7'herofare, entitbd W equal justice under tha,law, supra note 8, At 91 Pindimill, Trial Tram.
sly re l fl»C Itnpvr<fora . Clot OesUons tr4o.d so suspect land to wipt sit 14>t, and when permitted in ttoele-
stn
W. It f severs! Indkia `be,~irreiatiant .to ariy Rrp kgislative ty, i6y hsve'oftln !flan subjected to ridk
cute, id,'st 141; Oneel- eolutical terms for
ti 2 ,C , t•, l '
In San Antonio to.
Itrkt v, Rodrl~lte~, 411 103 3.Ct at *4_9g n~ 4. various derreee of robrd4tbn -i.g. "idi
79, 1294, 38 L,Edid 1,8 F'inall#, if membership In the minority ob," "Imbeelles," "morons"--have become
to Court considered class It immutable, the Supreme Court Is Popular terms of derision,
more likely to'eve the Jim spatial protee. ''Chase forms of mistreatmept have pcr•
died with such dliablll• don. See Parham v, fiughes, 441 U.S. 347, petusted the historical misunderstanding of
to such a hlsto+y of 361, 99 S.Ct, 17422, 114", 80 IAd.2d 288 mental retardation and led to popular fears
treatment, or reiegat• (1979)1 et, Plylor v, Dos, AlVra, 102 S.Ct. at and uncertainty, The Cleburne ordinance
,)n of political power. 2398 (minor children of illegal aliens ore not dlscriminatee hettveen the' mentally retard.
nntand extraordinary in this eouutry voluntarily and, therefore, ed and other aroup".g. the elderly--that
are not tom"biy situated to, their par. also rbquire supervision but may establish
+n v, i0snks, 820 p.Supp, eats), group homes,in the R4 district without a
(mentally retard per,
ect„ class), Scene cares Applying that taste to the ease at bar, apeaial use permit, This distinction is likely
r mentally to persona are we conclude that Althotegh mental rrtar• to reflect the deep-stated historical VAN-
114*0" class, $ft e•s'. dMis are riot a suspect civet, they do share dice against the mentally retarded,
2d 704, 710 tad Cie. IS") enough of the eharseteristles of a suspect
spat class): Slter*w V. class to warrant heightened scrutiny, Dis- In addition, mentally retarded persons
stub nom; (SchwWJirv, criminretion against the mentally rewrded Is hive lacked political power, The trial court
1, 101 s.Ct, 10741 d7 likely to rofkct deep•seatad prejudice, found that they "historically have been sub.
tenalty III a "gv*41•sua• They have been subjocted to a history of jested to exclusion from the pollticAl-pro.
Whthl OW" from In Sheen.
.t WAYS ways from mantel M unfair and often grotesque mistreatment. ceea, Cleburne, supra note 3, at 9,
,s ruin It note 10. Thus, Until the 1970x, they were universally de. Finding 32, indeed, as of 1979, most states
s offer at best ordy weak filed admittance into public schools In the disqualified mentally retarded individuals
u bar' United States, In Addition, the Eugenic from voting, Note, Mental Disibllity and
844 F',2d 147, IQ n, 35 Society t+f America fought during' the first the Right to Votes, 88 Yale LA 1844
does sum';tovvel'
perac na Mot be a "dts• e. The altitude of the peel can be read In the meenAth of the State for these Ieser sacri•
erVi
neNly defrrvlna height. word( of Jostles Holmes.. Aces In order to prevent ell: being
`rsi it 14. CL Abrams v. We have seen mcipe O,an nee that the swamped with IncomF*ew.. , . Three
1.2d 34; 3e (2d C1r,102) public welfare may tail upon the best elt0ens generations of Imbeciles are. enough.
mentally retarded per. for th#U lives. It would be atranpe lndmd If Id, 274 U.S. at 207, 47 S.CI. at W.
It could not tall upon thoao who sap the
M
`l ~l 1 Di~It At1 wook i+ ista Ell '
?*K k,~ehs,, Pausal twrwk*4 bat to date it is not a curable eonditlon."
• 00116 f* the **WJly MOAM d 6VO Trial Transtiript at 130,
tttueyod only to"* hltd AM Po"M MW TM oombimillon of these tactottt•-hlstor•
tfwlr little p**' As the TMrd Clretlit kaI *judlo, polltieal powarlwoose, and
460iiilyd Is AN" yr Yosaio r' No rM immutability-•-calb for 14Ir koned scrutiny
lIT at')1M1) (M btuNh tit elaaidf oohs direr Ata li g &Oust the
r' Tha utettalFj ntstdld Mwrr 1reA be a stleMtally rotarded. Wt are ntlt ptvpared to
{i W OWN* of a difanto Mad asy !belt they are a full-fwred ettspeot
W mtltm* (w wheat the )00&0 elan, however, Stns! Mutiny has been
*I.w told etettreiu idtade, - of. renrwd for 416WNrderto, aueh er race,
U~ OWN. N ~ nl SIX t1lat "tend t0' be Irrelerant {e any praper'
t 11 141 1rlf-k, t~ M l1 Ci, 7fdr'IM •A1 "
,ltttteiiat 1 ~n. 14. ~ V. U" sir rf toil
,x 4o la L $dliiIM OM1, .'T`tte WA#4& 9
ed emtet reto40 ■ot It" and, Vf" 1'itttrdaattl0ll a lal w,r1i1retev taat many ny PmenW
to olioier, It
tow e!taltlolekty ties, g or meads, 111 a re want dwimillon in fel m sotto. For
i baw tnlub w 10064 or Cho PAW pro. e><aalq*- leou'niftr ditANI'les may Mve a
one, Joe J. >iPy, D00e0*0 sal Diotrlef,. bsarlar on the types of sehool proct"M to
lwfo (1"0)4. , ' which a ehild ie "Wtow or tM typa of
1d. at lp n. $6. employment for whbh an adult Is qualified.
linakly, the mootally retards!! ilnerve Therefom we !told that tnentall~y retarfled
opeelal ooneideratbn beeMUw their eonditlon "As are only a "quaoMuspeet' elm and
Is immutable. De. Phillip Roca expWreed at ' that lawn diurlminafdne art mt the men.
trial that mental retaMstion Is "Irreverei• tally retarded should'be given Intermediate
bk." "(Tlhere tltay be some amallontion, ecrutiny.tl
It In Taxaa,. both 1W date constitution and mentaton have suppNed that mentally ill per.
electlon code pro": sons are a suspect or quasl-suspect class, See,
The (ollowlry classes of persons shall not be e.d„ Merfhtg Y. HAMA supra, 478 VSupp, at
ailowtd to you itt this slate, to wit: 10.5.1; Note, Mental fflneas, A Suspnt Classin.
cation, 83 Y.I.J. 1237 (1874): but see Doe Y.
Secaxl: Idiots and lunatics. Coloutll supra, The Fifth Circuit has not Ad.
Tex. Covet, art. VI, ; 1: Tex,Eko.Cock Ann. drosred this Issue, except to say In dictum that
an. 8.01 (Vol ftort Supp 1962), A If62 opinion the mentally Ill are not a suspect class. See
of the Texas Secretary of State limited thht Benham v: Edwards, 019 F.2d 311. 615 o. 0 (81h
Ila Flo menW~ et rded person who Cir Unit B 1962), The Court explicitly de•
adJ ompetem, tiection cilned to decide whether Intermediate scrutiny
tstw OWJoo DAb-27 (I N2). The opinion ro. would be appropriate, Id.
lled Is lam part an the Menially Retarded to any event, mental retardation Is function-
Per aora Act oif 1971, Ten RQV.C1v,5tat,Ann, art. ally different from mental illness; see supra
81547-4W, S 2(c) (Vernon Supp,19n2). note 2: and the difference<% cut in favor of
We do not believe, however, that the mental. heightened scrutiny for the Rearded. Mental
IY retarded have wddeniy become polilically reardallon k !let an emotional disorder but n
powerful in Texas. They ate still a relatively learning problem; It arguably invokes fewq
emau bloc, notwithstanding the existence of safety concerns than does mental retardation,
lion of Bdkeed Akthe io n~nCouemevers theii. More important, mental reardation, unlike
many mmtAl right to vote was unclear as late as 1962: The der. ollysn, is an Immutable direr.
Secretary of State oplo" was necessttated by The m entaliy retarded cannot be cured.
a local ludge'e dedVm to bar from the pills a Id.
retarded person who had not been F1nelf d mental Illness coven a brwder spec.
mentally ttd incompetent. Id. The powerless. than tram of dmental isorders and Is more dourtit to define
Dm v.
ties$.*( the minority is especially clear in our Colauft). retardation. . 692 The court f e to
case, for the Cleburne Ordinance was passed in grant extraordinary suproa, 89te atctlon 71 to 1, refused
the mentally
1965, long boron the Secretary of state Open. grant traordinary protection
W of the MariWly Retarded persons Act. III:
a class that is „loge, diverse, (end! Amor•
11. In deddiq that tlassifkatlonr agnint the phous... The concept of mental illnes.t is
mentally retarded deserve heightened wrvtimy, susceptible Io much dispute, and the categO-
we expem no view about classifications In. ry enrompas+cs a whole range of disorders,
volvina the mentally III. Some courts and tom- varying In character, and effects.
CLIg$tl>Rhf)g UMIG CENTER Y4 CIITY Of CL1:MNE, TEE,
Cna as r F.M lot (ole})
We, note that holghtetted sentlne Is pat (g)roup homes ourrently are the principal
not a curable Conditka" tioularly tpproprlatr to the can tit bar, community living alternatives for persons j
t l~ because the Cleburne ordinance as appiled who are mentally retarded. At avells.
tnt these factors--histor. withholds a benotit which, though not fun- bility of such a home In a community is
litical powerlessness, and damental, is verylmportant to the mentally as essential Ingredient of normal living
's for.helglltened scrutiny retarded, Sa Myles Y. Doe, supra, 102 patterns for persona who are mentally
1WHr mating atalnst the 9.0t, It 2w; Tw+bs, soon At IO OO. In retarded, and each factor that makes
We are not K*04 d to 'Ply*, the Supt%miI Court Addressed a Tex• such group homes harder to establish ap•
e a full-fledged suspect es seatute which Mithhdd to m IoW sohooi
3trlet scrutiny has ban dlstttots any fundo far the eduation of e~~ e>tolude the community. who are mental-
Ilfleadom, such as race, eNWren who were net legally admitted into ly retarded from the community,
Irrelevant to any proper' tM United'Statse..' The statute also author 04unw, supra at 9, lrl.tdittg 00, Isolated
Plyler v, Doe, sups 102 riled loaf districts toettadude web Alldren from normal Community patterns, they can
n, 1e, Though mental trap the public pshooll, 109 S,Ct, at,$M. never hope to adapt, The resulting awk•
avant to many polbies, It The Coen held that heightened oorutiny wardress of retarded persona to well ore the
etion In some tam For wa ate tot only bemuse ,t}re chile fact- of - stateaa»etionod Ipolatiett further,
diffleUM" maj haw a dren sotue of the oharaeteristlce of a stigmathes the group andprovide ldditional
we of school protew" to aupeot Chas, but AW because they were btirriers to their hope for selt~lmprovetrtent
issiciew or the types of dealod as Impotltant beaeflt, ' Lduftwiii Is the Ninth Circuit W hold In an analo•
high an adult b qualified, not a fundsmtrnta( firrht., kf, at 2110, San
I that nyntall retarded Astotdo ltrdlsitOi rat SdOO 116rtrlet v. pus case that heightened scrutiny Is apps
01 tlussi•euspeet cite and Rodr'ftwal,'euprs, ill's, t, it IyA'tI -but It Is pNal e . See J W; V. CMty of ?Seomx, 120
",thing against the men. Importaim In,wong' ' children oven P.2d 1126 (96 Cir,194)4 The Court re•
ild'be given intermediate come the bise sgadMt therm and pertiolpate viewed a local toning ordinance that re.
In American soeiet~t quired a special use permit before the ea•
tabilshme
ed that mental III The stigma of illiteracy will mark them of 1 group home for former
ulestor quasl•sus~ C for the rest of their Ilves, By 'denying mental patients in the R-2 zone.
supra, 47A supp. t~ these children a badb edueitlon, we deny mediate scrutiny was held to be applicable
llrnesr A suspect Ctsssrn• them the ability to live within the strue• because the class shared some of tba chase.
137 (1974)' but Me Dos x tun of our elvia inatltutlons, and fore- teristies of suspect Clews and lwcause the
e Fifth circuit has nor a& ordinance denied Im rtant benefits,
xceO to say In dktum that cure any realistic possibility that they po
nor a suspect class, see will eontribute In even the smallest way We note , . , that the benefits the ordi•
Fill F.2d 611, dis n, 9 (soh to the pioxtess of our Nation; In door. nante restricts are the former mentor ps•
The Court txpkltly
scrutiny either lntermedlat mining the rationality of [the Texas state tlents' access to housing and rehabfiita•
Ie. Id, utsj we may approprlsteuy take into tive services, While they are not funds-
ntal retardoilon is huKtion. account-its Coate to the Nation and to the 'mental rights, they like education at issue
maraud Iltrsese; we Saps Innocent Children who are Its victims, in Plyler, are essential to Individuals' full
tiflerethes out favor of
e for the retarded. MenW 102 SA at 2398, participation In society. Indeed, for for.
III emotional disorder but a In ON same way, the exclusion of group mer mental patients, a reintegration Into
R UK"* invokes fewer homer from Cleburne opeirstes to prevent society accomplished through living, In a
to does mortal ret.rdstior''
menu) trolardatlon, nutlike mentally retarded persons from assimilate moderately structured setling in a real.
Ales, Is an IMmutable discs. Ina Into and eontributing to their society, dentlal nolghborhemd is in essential part
retarded cannot be cured. The trial court found that of therapy,
ness coven a broader spec. Menul retardation Is much more narrowly is. The Tacoma ordinance was arguably less
+d I! more difficult to define defined, see Supra note I. probiematlc than the Cleburne ordinance, be.
sacra. The court in Doe v, ll We are net sugg wing that, former menial cause the Tacoma law provided specific condi•
Z Flo! e at 771, Wused to patients are identical to the mentally retarded. Lions for the Issuance of a permit, See Id. at
' prWeetton to the mentally See supra notes 2, 10• However, many of the 11,10 n. 6. The Cleburne ordinance has no
'caret, divers (and) a". prebirma (e.A. the commdnlty'd fear and' dos- Auidellnes al all.
concept of m"(41 Illness is trust) that face mental patients In returning to
ch dispute, and the catego society ore similar to problems faced by the
t whole range of diaordera, menully ,Marled.
ter, and effeaa,
1 1
' 7304 906AL R11POWIrRll, W BERM
!d, at 1129,N For example, the City claims that the becau
For the Dante reasons, we think that In. obJeetivea of the statute were: house
tertnediato etxatiny 4 partloulari apptapri. 1. to avoid undue coneentratlons of pop- argue
ate In rirl Wilikg an ordinance s that rt. ulatlonl poste!
Arleta the availability of troop homes for 2, to lessen congestion In the streets; woof
I' the tnonWly retarded, 3. to emm safety from (trio and other plo d
! (4), to applying that cast, we hull that dangersi, and evide
the oadlMm ls uawaatltutiortal both on Its t to protest the health, safety and we). ed p
1 fees and as applied, Filet, the provision fate of the City's populatlon-In particu. such
Motif doa!i net oub9tantlally further any Il+ip. lar as a
por4anl rowrettttental intore9ta TM prob. a to protest the serenity U the exist- Tt
i lets! idea tat with tits lntoreatsi theniaalros its tte0borltoods, that
but will! Use reiwaoea of the ordlnaeea to' 's b. to prolapat nelobors from harm) neig
thm iiolaaeata We wol amps" tMt all of atxl harp
E the ktgiaMtire took aawtod bas the city of C. to protest the tnontal retardates a M•
Clabnrna are IINWAAW. Ie " Intense ,
` erer, th1Ne Is net a eaftieiantly elm liedthat by Providing an approprisito a d
boa strrironntent, trop
E eerrwpostdeNOe belweea the goad and the Sets Brief of Appellees at 21-21, Curt
I ttooti a. tttttaaa of sokieriag IL :Joe eve,
r, JfOwly wpm 42p•UA at 197, 200- The ordinance Is Iwo 6 n aatiatrted to
ob}ea the Trs
204, 97 S,Ct. ►t 40 (requiring *w fit aobievement of its flat two Ind
betwea IegWatiw ob*OY4, soli statutory Uvft TM same bolus with the same num• am
mom !rata is squired under rational rr bet' of ot>etlpants would be ► permitted use hor
view); Tribe, supra at 1086 61 & 10 (same); eo long as the oecupants were not mentally thn
M 4.100 7witibie V. Cordon, supra, 480 U,91 retarded, Cleburne, supra note 3 at 7, Re,
At 774.71, 97 S.Ct at 1/6!f`a6; Hantptou V. Findinr ?4. TMre►'uty the ordinance does mot
Mow WI Wont, 4% U,3, 89, 96 SA 15116, not oontrnl population ►t all, It merely ed
1904 a. 20, 1911 n. 4A, 48 L.Cu N 196 (1916); controls the laming skills of the popula- chi
Clevefarid' BoaM of Lrduaation v, J:af' urr tion, ho
414 UA 64 94 9,Ct, 791, 799-80 it, 18, 39 The ordinance likewise does not, control in
L,1Ddad 62 (1974), The standardkear rw traffic now, The government has not th,
quire wnt of a spatial use patmtit for all, shown that mentally retarded "no drive no
r;wlp hottoa!a for the mentally retarded is more can or receive more visitors than oth. se!
both vastly overbroad and vastly urederdn- er people, There Is no bads for concluding
eludve, that traffk will be any more -congealed dE!
14 ladbnl►gy, Mholyh the eou,i yelled on local xehed dbutcts to exclude undocumented m
these WrAnats to apply heithleMd scrutiny, children, indeed, the Tyler Indeperodeat School d1
it expMeWy kh open DIAdd had enrolled such children free of w
the Possibility that, in a cue who a ware charge until tl077 when it required a tuition fee, C
more fuM y iweleped u to the durecterietics 102 SXt. at 2549 n. 2. The Court tested the 0
WW status o:' ferriw nferttal plitt aa, a con- lion, however, with Mott than minimal ,
dual" peat they indeed oonstltt" »upect scrutiny because of the potential excluptton. i
dw might be warranted More to the point, the inning ordinance in n
!d. it 1129. City of Tacortta, like the Cleburne Ordinance, t
I& The City has argued that the statute does did not exclude all group homes but merely t
not actually exclude all such group home',, tut required a spealat lose permit. The Ninth Cie.
merely requires one additlonal proc#durtd hur• cult tested the statute under Intermediate scru•
die. In effect, there Is only a possibility of tiny agaln because of the pos,+lbe denial of an
exclusion Arguably, then we shouts/ not adopt Important benefit
heightened review In testing the 14d*l validity Thus, the possible exclusion here is sufficient
of the statute as Apposed to Ito application, to justify our ctMSidetinit the Impnmance of the
Yet the' suim' pASalbtlily ohtaliwd In Wh restrkted benefit when we anralyte the statute
Kvhw and City of Tacoma. 11k Trkae olydi• nn ItA We.
Hance In filer authorised but did not requite
.
CUMUNNS LAVINQ'CENT1R vi CITY OF CUSURNE, TEX, 201
CM w no roe 101 11011
sat the be oo" the, rwIdunts of the Puatherstun provide inadoquatu care, To treat all
hov" are muntaily` rutarded, Una might humus for thu munwily rowrdod as nun.pur•
Q1 pop. arPO (though the City has not taken this milted uses 14 an excouively blunt tritru•
p,'eition) that traffic would 4* more oon• ment for achieving fire safoty, The City
Areota; Cmted because mentally rvtardil persons could more appropriately Wye this problum
d other vrould wander Into the streets, Other peo- by requiring a cortain number of earotaaers
+~le do the same, however; and there is no per resident or by setting limits on oecupan-
nd wel• evidenea in the record that mentally retard. oy. Such requirements alretady exist in fed-
l4d wet. 0 persona are unusually prone to cause eral and state regulations, Sao Cleburne,
rfleu such a hazard, 'Mi a reject traffic congestion quPrs note 9, at a, Finding 20, 'there Is no
as a goal that Is furthered by the ordinance, reason why the City cannot be more spoelfio
e exist- The word also falls to support the claim
that the, ordinance in dellnesting Its concerto,
harm; Proda the serenity The same objection can be raleed to the
neighborhoods and shielelds neighrwrs from m
harm. The City produced only one story of City's general claim that the ordinance
ardatee a mentally retarded poison vho had caused serves to protect the health, safety, and
opriate a dierupUon, he had removed some mail welfare of mentally retarded persons--by
from a neighbor's mailbox but later re- Insuring, for exumplet that group homes are
turnsd It. Moreover, this ovent did not we'll oonsUveted, safely located, and not
to the even take place in Cleburne, ytv Trial overetrowded, The City could serve these
l Tesaseript at M. Nothing In the recwd igteiwts in a much more direct manner by
e'num• Indleatse that mentally retarded ,pprsont.. setts !C epecUio requirements to guWe the
~ sad particularly thaw admitted 14W group, judenleat of the City Counnil, The siterna-
red ~ed 4s- homes-are more dlsruptive or dangerous tlve (drtlbodkd in the Cleburne ordtnana)
4 at l than other people, On the contrary, qr. of gtving the city council complete dialers-
bee twtifled that the mailbox incident was tlon to isles all group homes is loo danger.
dove not common behavior In moderately ralard. out, Where, Is too great a potential for
mere
p6puls ly- ed persona and was just as possible In most blanket diseflmination, fasted by the very
children, Id. at 164, Yet public schools and Nars'and prejudices that drove neigbbots in
homes to deUoquent children ass permitted this OW W petition the. 04 Council
control in the tons,, The diseriminstion between against Us- Featherston Home, We 44v;ot
As not the meatally: retarded and other persond is sanction such unbridled disle Wo is deeJ-
is drive not explained by recourse, to neighborhood Ing with Lelsaa that has soft" a history
iut oth- serenity, ' ' of mistreattntat and politics! Impotence,
eluding Finally, w to "safety from flre and other The Cleburne provision requiring a special
'gated dangers," the City does not elarify whether use permit (be mental retardate' group
meshed mentally retarded persons will Moo the homes Is, failelally Invalid under the -Equal
School dangers or require 'spatial city aervioes ProtetWo Clause,
free of whoa aooWents oeleur, In either event, the
iion rfA City he not proved a substantial re,14tioa That holding algae would bs'suffioteat to
and LM ship decide th case, The ordint►aee' I+
mau,ruu p between the g* and, the ordinsooVm I' an
Aug". Theft to no evidence In this reow that wee unoouetiluUonsl; theraton,lt'eould not
;.one to mentally retarded persona are harass Illlly be Invokedto, exoluds the 4 "60)iiareton
dlnance, than other people to Ugkt flea (or saws Home, Ho+gever,'even if the sta)pt+. were
merely other hasarda fselally oonotitutlonal, the Cif ia da
rolls Cir• It is c4ncel+;able that they y Collncll do.
rolls
scru- might require special care hi an emergency, cision In this case would have violated equal
sl of M However, the City.,ban never shown that proteletlon;' Again, the dettooq tptut, be
Choy esquire more supervision than V%jilt tat«i'undtir,interntediate s~rutjnyl; sad we
Uf M like the eidorly whose nursing homes art hold IOA the denlal of a,'periait far the
i scouts permitted in Abe R-3 zoue.withoet permits. -'eAther} ~ ~ ,;Route 'dtdsot, tpbt><gtlelly
Nor has the Clty shown that the ex44air further #gy,lo~ortsnt geverpasui lataroat
superylsors In the Festberstpn ho44 Woufd jests{yjp , e„dip~rim~tpsiigfy.alapelllcs,l3on;
Too tssetis`'re ,rabwr late thi 04d"16e' &4. b *AtW co a W' ftt Is 156 loot Wg by litigate
OWN wool 108 foot wide, Chia; a recent Tax** retu• repress'
(a) tM6601" id -it ntajoHtj"at e**" Istioa that Ntnita g64 uomm to OA mi• court ho
odq~r l~es~hid wiWA two. haadr~d demo, tha City atyvea thht rodents of the prove a
(#Ob het otllo;lie} roothetsteat reatheroW Roam will be too crowded. Therefr
t (b) tWAw*tW o;'# jualor hlgh-omm The regulation only eppliw to appikations menu
W sheet flew wee rsatk"("I made alter way to 1984w, there oro, do" We r
(e) eeawe for tba teaww of eldstiy 0601- a that the n ftirodkotas w; but tthe he trial Injury
(4) to of" ~l so sins of the how" sad 00 number w4 City toolio ort a»ntslly rrtrrdW persons. How- that so
of s W existenas of the regviatkn does
p+sPM to be l dents e
W* m
Cly s diserreeasdM)ntlaatioa be- identif;
(e) eeaeent Woven legal respoWbAity not oo h$
e CW for say wOm which tint *aWAl• twos" W mental ly sadotWe sire to
rewaa~ r.Wa rsaghsI rho City aevar justilise its apparent view -tell If
that ether p{t aess liw under sash harmer
(t) tM hwo't Wtiowr oa w M'aAxsu
I m ~ eoa~diW whoa awat lly re- Wirth
(8" year fMud,pisial sad tsrdod P- i 0 euaw, Noreewr, swum- 2197, 4.
fed the CKY C;e ti atatloa atadi be si modots, It h" Iwve jwuthd the d{ff- LU. ~
Ckbprws, ewpws vote f, at ¢-1o-, Ima4la« a fsroaw betwooo six sad tbirteen persons. G'~'2
The fIW factor (S) is toe sea'big m to TM only dieawebn of thwquedtloa came Nor
jueUty dim' J *MW; and two mere (a sad frog" bra Roos who knew of "no ressaroh ("jury
e) do YAW" sowtaatial Interesta, TM ` evidence IWWtbwg that a group hams with tign's
plod adh++ red few of neighbors srs not in six doss a beach Job thaa a grouo have eral V
thoanshies I*timst* baser forldisar{atins• with fifteen." Trial Record at IA1, in footer
1 tioa, sun(, tle city has never prove" that the their
The location of a junior high' seroes the mentally retarded haw unusual space needs ents `
street from the Featherston Home (factor or that denying the Featherston permit solutii,
server that Interest. Me(
b) is would terse glfa or bie co abuse ncern reChetsidents the of the he 606, elated goal of Insuring CLC's legal PAR
dent"
home.
home, However, that danger seems mini- responaib{ilty, for the actions of its residents hu,mol
ai
ma{, ,Arco Wxvt thirty students am them- Is not sufficiently Important, Nowhere in jleged
selves mehtaily retarded. Ckbwv4 supra, the briefs or the record do we flnd an from
note a, at 8, Findtog 21, More lmportant, explanation why mental retardates done
the Vol purpore of living in a community must prove their financial sglvenoy to live suion
group homt is to confront and tear". to In Cleburne, or do we find any explana. $up"
handle society's obet"Ier. It we soxpt tion of how CL40 fell short, I trac,
that the hastdlity of junior high students Is finally, the argument that the Home Coler
a substantia{ Concern, then any host(lif,y would he In a 600 year flood plain seems 71 el
may beeotne the justification for denying i somewhat strained, Though the safety of Th
use permit In effeet, prejudice becomes its the residents Is Important, the danger of a
own excuse. We cannot accept that as a flood every five hundred years Is not partic• prow
suUNtandal interest, particularly given the ularly grest. refer
speculative, unsupported nature of the in enm, none of the proffered reasons for sons
City'" alleptlons, denying the Featherston permit substan- had
The also of the home and the number of Bally *rved an Important goverement in- bath
people to be housed ate Important Interests; terest. The application of the ordinance Id.
but they are not substantially served by denied equal protection, drat
denying the permit in this cane. The with
Featherston Home has four hedronnfe and VII, 41'ANMNO OF JCARC Is.
two baths And will house thirteen people, l5) 'rho Johnson County Assoclatlon of fart
The structure contains 2700 square feet snd Retarded Citizens has asserted standing to
t1>Il9 SUP6RIo1i OIL Co. r+ CITY OF PORT ARTHUR 203
Coe"T14 r.>te see 0 W
lot that 6 166 feet long by litlote this suit in its own right and as a In future cases, the JCARC can put forth
Citing a recent Texas regn• representative of Its members, The trial evidence proving such sit Injury, or it can
10. aroub homes to six reai• court held that the as"atton had failed to show that one of its members actually X10•
tu~guea tJgt r"Identar of the prove any injury to itself or to Its members, sine to live in the contested gmuli home,"
►me will bs too crowded, Therefore, it failed to satisfy the require- AFFIRMED IN PART, REVFRSKI)
'ohly applies to applications menta for standing, AND RLMANDRD IN PART,
to 1882 sad, therefom, do" We affirm, for the reason given by the
1"eathewton Home; but the trial court The JCAR0 has not shown any
the regulation indicant the Injury to Ito members. Although it claims
'Iy retarded persons. Now. that some of Its members are potentlal nrsl• a ~rrau r r
we of the regulation does dente of the Featherston Home, It has never
abgrne's diaarimleatkn bo• identifl4d any individuals who actually de•
,tally ntutded curl othow site to live there, Thus, It 3a implxaslbk+ to
IIjuwties its apparnet view `tell if any•of the members were actually
Ntbaw whet ainert~ay~i~e• harn+od by the City ~ ouneil's aotlon, 5N
Wirth Y. $Wdln; 422 VS. 490, 91l W. The 8UPZRIOR OIL COMPANY,
Imid lteroowr, aaoam• 2187, 46 L.RA,2d 344 (19'!'6)1 Mom Club v. Plislatiff•Appolke,
r as eemt jtaatifioA leid t M with dif• ,Norton, 406 U'S. 721, 82 8 Ct 1661, 31
V.
ha' "ever
I six and tMrtooa perooaa L•Ed,2d 636 (1912), ' The CITY OF PORT ARTHIJIL
soon of thleMgwstwo came Nor his the JCARC proven a sufficient Detenrant~Appeilr►at
who knew of "no ruseuelr ' lnjury' to its own intereeta, The aaocia• .
k that a Imp h0*0 with tion's aotivitlee Inelu& "promoting the gen. No, 82-2316•
et job than a tmp hme oral welfare of mentally retarded people, United States Court of Appeals,
Trial Record at 161, in fostering the development of programs on Fifth Circuit,
has never proven that the their behalf, and advleing and alding par.
A have unusual spaoe needs tints of mentally retarded persons In the March b; 1984,
Ill the Featherston permit solution of their problems in this area,"
fist Brief of Appellant at 3. In particular, the
;al of Insuring CLC's legal JCARC favors the development of group Oil company hroiuaht action Alleging
the actions of its teeidents homes; and the City Councils decision al- that city's
and annexation of tion of its offshore drug
legedly impairs this interest, However, the constituted lull.
ly important, Nowhere In
Ile record do we find an assoelation'e Interest seems no different Ina
~ mental rotardatee alone from that o( -the low-income housing assoxi• nplat g without due pmeows in viouted i of
financial solvency to live ation denied standing in Werth v, 5eldln, Fourteenth Amendment, After staying ac-
w do we find any explana- suprL The Injury to the JCARC's "ab- Lion until state court proceedings concluded
fell short, , Aract metal Interests" Is town intangible to by judgment in favor of city, the United
justify standing, Havens Reslty Corp. v, Slates District Court for the Eastern f)is•
106 W year that the Home 'Parker, J., C+63
year !food plain seems Coleman, 456 U.S. 383, 102 5.Ct. 1114, 1124, trio of
, flit, Texaps i , ruled Rohert annexation to unr~~n•
led, Though the safety of 71 L.FA.M 214 (1982).
Important, the danger of a l The &sweiation would have standi(+ if it stitutional, and city appealed, The Court of
hundred years is not partic• proved that (1) it provides counseling and Api"'als, Thornberry, Cirtluit Judge, held
referral services for mentally retarded I*r• that prior state quo warranto judgment
tf the proffered reasons for sons seeking group. homes;, and (2) it has which established that city's annexation did atherston permit substan• had to devote
significant resnurcea to com• not violate State or Federsl Constitutions
important government in. batting the City •Ceuncil'a dlscrimination• was res judleata to suh,uent federal court plkation of the ordinance 1d, However,
it has not y(+t proven any action nexatian. challenging constitutionality, of an-
election, drain on its resources, so it does not come
within the Havens formula, Reversed.
I0 OF JCARC
la, tidmlllelly, we hour (+rnvldrd the .I('111t(' ulyh+yl 4ueh n,Iv+r+ Srr Sierra CIO +c Morton,
sun County Aaseclmlon of with it fnrmula fcr r+u+hll.vhiag s+umilww lo as veprn, 92 S.('I. al 1:1141.
is has asserted standing to future Illiaatlon. I'hrro IA hlkh prtve&nt fur
l:
r
t
P 2 Minutes
November i :4, 1984
Page 6
B. (Consider the petition of Denton County Mental Health
Centers, Inc, requesting a specific use permit for a
halfway house, in a multi family (MP-1) zoning district,
0, at 1120 Frame Street (8-182)
r
Mr, Nscue made a motion to remove 5.182 from the
t, table. Seconded by Mr. LaPorte and unanimously
carried (5-0),
Mr, Morris gave his opinion regarding 8-182 and
stated until, City Counoil makes it decision whether
to accept his opinion, he doesn't Peel there is a
need to continue this request further,
Cynthia Murphy, an area property owner stated she
is very happy this is going in across the street
she stated she has been through the home and nobody
in their right: mind would object to this. She
stated she was one of thoso who went to the bank to
sign for over $250,000 for the state school to build
their facility when Denton was chosen for a state
school several years ago. She stated her older sister
was a mongoloid +Nnd has a great understanding for
the mentally ill, She added she has talked to sever-
al of the older people in the neighborhood who are
also in favor of this request. She stated she is
very much in favor of this request and could not
be present at the previous meeting to state so,
On question from Mr, LaForte, Mr. Morris stated the
Commission could pass this on to the City Council
with no recommendation,
Mr. LaPorte made a motion to send this request on
to City Council endorsing the city attorney's rec-
commendation. Seconded by Ms. Cole and unanimously
carried (5-0).
P & x Mitlutas
October 10, 1984
Pag e 3
Chair declared the publio hearing r.losed,
Mr,, Juren made a motion to recommend approval of
H-33. Seconded by Mr, Pearson and unanimously
carried (4-0),
B, ;.-.182. This is the petition of the Denton, County
ental Health Centers, ino „ requesting a specific
use permit, in a multi-family (MP--I) zoning dis-
trict, at 1120 Frame Street, If approved, the
npecific use permit will allow the operation of
a halfway house at this location,
Me. Spivey stated there were 20 reply forms mailed
to property owners within 200 feet of the subject
propertyi 12 were in opposition, zero in favor and
1.1 opposed not on the mailing list,
Mr. 'rim Davidson, Service Director of the Denton
County Mental Health, stated he was representing
Mr, Bradford, He stated that this is a respected
program and governed by shrict policies and pro•-
oedures, lie stated they bought the house in August
and have been in operation since this request. tie
stated one of tihe fundamentals of thin agency is the
discretion of the identity of the persona living
there* He stated mentally ill persons should be
integrated into the city to 1?eve a normal home life
in thair own communities. Ile stated the Denton Code
of Ordinances does not have a definition for a
half-way house. The home is very specific in its
operation. Ha gave the state's definitions re-
garding Mental Health and Mental Retardation group
homes.
He explained the people who live here should be
legally and morally treated as regular citizens
entitled 'to aD, civil liberties, He stated none of
the residents are orimihblly insane, they have teen
confused, depressed or disoriented and just need a
place to .ive until they can join the community. He
stated with medication and counseling, they can
control most situations and they do not keep the
ones who cannot maintain self-control. tie stated
the home is superviaed 24 hours per day and is in an
area that has little traffic and they require little
space, He stated they want to be good neighbors.
He stated one out of every 100 people are schizo-
phrenic, and one out of every 10 will require mental
health care,
He further stated there were five out oil seven
living there that are from the community and not a
hospital. He stated they are not get up to serve
those with a violent nature, tie stated they have
two pregnant women and staff who brin. their
children th,ltre to play after school who are not
afraid, they are not violent people. They serve
adults only. He said 'there are no drug abusers or
aleholice acid they have careful discharge planning
and do not tolerate destruction of any propertyy.
Those who are suicidal are sent to the hospital,
This is a group home where chores are shared. He
described the location of the property and stated
they are willing to adapt to t110 needs of the area,
as we are in the TWU overall plan. He stated in
olouing, if worse came to worse, we Would consider
moving in a group home of mentally retarded as they
do comply with the current zoning for It group home,
and asked, "what are our alternatives?"
P A Z' Mibutee
octobel, 10, 1984
Page 4
on question from Mr, Claiborne, Mr, DavidsOn answered
there aria three daytime staff pe60.e1 orae wetilkend
staff staff person an The the
ultimate populationsisfsix oto
coven persons.
people Frame who stated
are s opposedst.oi~thisr
Vicki erson (j foru the s14 1106
p
request, she stated we are a small neighborhood,
with the majority of the neighborhood as homeowners
and average age of 54, She stated they moved in
unannounced, she stated they are mentally ill
phyohiatric clients and no one would want to buy a
home in this neighborhood and sustain It with a
e in the area, h a d
mental health safety factor for the neighbors aswell asthe1A
clients is a risk, She stated she fesle numbere
speak for themselves and most of the residents have
too n in the neighborhood for 30, 40 and oven 60
years.
Philip Kay etatnd his concern is, Lm9sides the safety
and annoyance factors, he wants to know if this
ppetition fails, will he be allowed to put mantully
to rpupersons to rchase tbethere.
is i n contadults
house righttnext dpor
iioutrwhat twill h be hdone at a untiA he
finds
question.
Mr, Ellison stated it is true, based on the current
zoning factors, a home for mentally retarded persone
can exist there.
Me. Spivay stated this site is located in a low
intensity area. In low intensity areas, staff
applies Denton Development Guide policies which
encourage some land use diversity if protection of
the neighborhood and adjacent housing is provided,
but discourages concentrations of multi-family,
office, commercial, and other higher density and
intensity uses. There are five key criteria that
diverse or non-low density land uses should meet
when proposed in a low intensity residential area,
She read the criteria. She stated the petitioners
purchased this property under the assumption that,
the proposed use met the zoning ordinance definition
of a group dome, The City of Denton Zoning Ordinance
defines a group home as followsa "A nonmedical,
residential, living arrangement for mentally retarded
persons supervised by the Texas Department of Mental
Health and Mental Retardation in which not mo-^ than
15 persons voluntarily liv+: and share responsib?l-
ities for operation of the living unit, patticipatiiig
to the fullest possible extent in community life."
The proposed use does not meet this definition as
the irenidents are not mentally retarded persons,
She +stated a group home is permitted in a multi-
family (MF_1) zoning district. The proposed use
would have the same impact on the neighborhood as a
group hone as far as the land use issue is concerned.
'Chid to a nonmedical living arrangement supervised
by the Texas Department of Mental. Health and Mental
Retardation, She stated this area is already zoned
multi-family (MF-1) and apartments could he built on
thin site! it is felt that the 'impact of the proposed
uad is not. greater then uses already permitted at
this site. This use would also not establish a
prtieedent for more extensive zoning In this area.
She further stated the proposed use (half-way house)
P F 2'Hinutea
October 14s 1984
Page 5
is aimilar to already permitted ~ieee (group homes)
in this district, The traffic and noise generated
by the proposed use is not greater than that gon-
onerated by multi-family uses already permitted at
this site, Staff recommends approval of 5-182 with
the following conditions)
1) No detaohod or (ittechod signs will be permitted
at this location.
2) A six foot solid wood fence will be constructed
and maintained along the east property line,
Mr, Davidson stated lie would like for the codes to
be updated ae his appeal to to civil liberties, to
ethical and uocial issuoa. He stated the' have feen
in another home for two years with no pro'lems and
stated these are not peychiatric patients, tie
stated they do not want any signs and will try to be
got~A reighbors.
iurk stated Mr, Jackie Doyle, Chief Building
Officials issued a building permit upon hie inter-
protation of the issue tis it meets the zoning for
remodeling,
Me Spivey stated she did discuss with Mr, Doyle the
building permit use and he issued a permit based on
the fact that they were within the toning ordinance,
Mr. Pearson commentad he felt they were operating
under atate laws which they thought were legal,
Mr. Morris stated the present zoning ordinance
allows group homes without a specific use permit.
He stated he needed to determine if it is state
owned and operated, if it is subject to our city
o rdinanees.
Chair declared the public hearing closed.
Me, Pearson stated he would be inclined to table
this isaiie until it can be determined if city
ordinances apply to this request,
Mr,. Juren made a motion to table 5-182 for 30 clays.
Seconded by Mr., 8saue and unanimously carried (4-0).
Mr, Juren questioned what, would be done with the
house until some action could he decided by the
Commiesionr and asked if. It is determined it is an
illegal use, should we not allow them to operate as
they are?
Chairman Claiborne questioned if the Com:aission has
the legal authority to do that.
Mr. Morris answered not the Commission does not have
that authority,
Mr. Peareon commented that since a building permit
has beet, issued, it must be the opinion of the staf4
that it was a legal use,
Mr. Morris stated regardleus of the action made by
the Commissions the city Attorney's office will take
erection if it is determined it Is an illegal use,
C. Z-1696. This is the petition of the Robert Holloway
Corporation represented by William Dyer, requesting