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HomeMy WebLinkAbout12-18-1984 CITE COUNCIL AGENDA I~-18-84 AQ4NDA i l'Y of 'DOWN 01'f X COUNCIL December lb. 1984 WorK session of the City of Denton City Council on Tuesday, December 18 , too Municipal lBui~lding 5at 0 wn~ic~h in hfollowing ipeitems gill be conaideredo 5,30 p.m. i, Report on activitles of Denton Sesquieenteonlal 6ommf, t tee , Discussion of the Fire Department reorganization wand posit.ion title changes in the Po 4ice and Fire epartments, J. Discussion of the vacation/bonus pay policy, 4. Discussion of proposed expansion of the Capelcorn Mob1.1e Home Park for t n a purpose of seter(nining woetner to begin the annexation process, 5. Approval of proposed sign ordinance provisions. 0, EXeCUtiVe Session, A. Legal Matters Under Sec, zke), Art, 62'2-i7 V, ,1'.5. A B. Reai Estate Under Sec, 'L(f), Art. 0252-17 V.A.i.S. C. Personnel Under Sec, 2(g), Art o252-17 V.A.T.S, D, board Appointments Under Sec, 2(g), Art 625z-17 V,A.i'.S, Regular Meeting of the City of Denton City Council on 'T'uesday, December 18, 1984, at 7:00 p,m, in the Council Chambers of the Municipal guilaing at which the following items will be considered: 00 p.m. 1. Consider approval of a Resolution in Memory of C. J. Taylor, Jr. Z. Consider approval of the Minutes of the Regular Meeting of September 18, 19,34 and the Special Called Meeting of September 25, 1984. Consent Agenda; Each of these items is recommended by the Staff and approval thereof will oe strictly on the oasis of the Stsfr recommendations, Approval of the Consent 'Agenda authorizes the City Manager or his designee to implewent each item in accordance with the Staff recommendations. City of Denton City Council Agenda December 16,,1984 Page Two A. Bids and Purchase Orders, Listed ue).ow are olds and an agreement to be approved for payment under the ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 7,A, and 7,B). fhis listing Is provided on the Consent Agenda to allow Council Memoers to discuss any item prior to approval of the ordinance. 1, Bid M ysbb - Po.ice sedans and sedans z, aid N 9.so7 - Pickups and vans 3, did # vj70 - Lease/purchase of motor pool equipment 4. bid , j37t - 18m disk drive 5. Bid 9373 - Loss test set u, did )3]4 - free trimming and miscellaneous electrical lines B. Agreements; I. Approval of an agreement to rovide certain program services on tae UM ity Billing System and Payroll-Personnel System during fiscal year 196,4-85 between the City and fres Systems, inc, U. Plats, deplats, and Site Plans; 1, Approval of amendment of site plan of an approved specific use permit on an approximately 39.31's acre tract of land located along the east side of Mayhill Road (S-L65), (Tne Planning and Zoning Commission recommends approval.) 1. Approval of preliminary plat of the Garner Addition, Block 1, Lot 1. (The Planning and Zoning Commissioa recommends approval.) 3. Approval of preliminary plat of the Smith Hill Addition. (i'ne Plaanin and Zoning Commission recommends approval.) 4. Approval of preliminary replat of the Veteran's Addition, Lots 4A and, 48, ('ir.e Planning and Zoning Commission recommends approval,) v City of s)entoit l;ity Council Agenda ileceMber 18, 1984 Page fnrea 5. Approval ox preliminary plat of Westgate Part;, Hirst Addition, dock G, Lot 5. (Cho Planning and Zoning Commission recommends approval.) n, Approval of preliminary plat of 'The Woodlanas and Oaks of rownship ii Addition- (the Planning and Zoning Commission recommends approval,) 4. Presentation to the City Council of resolutions approved by the Sam Houston Elementary School Parent- 'reacoers Association, 5 Presentation of a petition to the City council by Mr, Jim Goulet regarding the saving of cress, b. Public bearings; A. void a public nearing on the petition of B. L. Arener for annexation of 31.0ZI acres located at the southwest corner of Ryan Road and laasley Uane kriAZI81.) kA-8). (lne Manning and Zoning ~;ommissioa recommends approval,) B. Bold a public nearing regarding the proposed annexation of approximately 5 acres of land located north or Highway 380 West and adjacent and west of Hascn Branch Road (A-9), (Yhe Planning and Zoning commission recommends approval,) C, Hold a public hearing on the petition of Xyers Development Corporation for annexation of approximately 131.1 acres located south of Zonxnf CoNowiln mmissionadrecomme0nds i~i~hensPlannig and east approval,) 0. Hold a public hearing on the petition of Walter DeRonde for annexation of approximately 112 acres located west of 1-35E service road and north of :Marshall toad and east of the iopeKa and Santa Fe &ailway (A-.12). ll'ne Planning and Zoning Commission recommends approval,) 1. Ordinances: A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for tine purchase of materials, equipment, pupplies or services; providing for the expenditure of funds toeretore; and providing for an effective date. City of Denton Gity Council Agenda December 18, 1964 Page four B, Consider adoption of an ordinance approving an agreement to provide certain program services on the Utility Billing System and Payroll-Personnel System during fiscal year 1984;.85 between the 6ity and Tres Systems, Inc, C, Consider adoption of an ordinance approving the sale of 0,144 acres of real property as described herein; authorizing the Mayor to execute the necessary documents transferring title, (D-35) D. Consider adoption or an ordinance approving a change in zoning from the agricultural (A) district to the planned development. (PO) district on an approximately 17,1 acre parcel located at the soutnwest corner of Paige and Swisher Roada, (4-1094) E. Consider adoption of an ordinance approving a change in zoning trom the agricuiturai (A) district to the planoad development (PO) alsteict on a 49,4 acre tract located on toe nortn side of Shady Snores Road approximately Z50 feet west of Swisher Road. (4-lb95) F. Consider adoption of an ordinance authorizing the expenditure of funds by the City of Denton for hosting a ouainess meeting and Lianquet for the texas Municipal League, Region 8, u. Resolutions, A. Consider approval of a resolution to amend the vacation/bonus time policy. 8. Consider approval of a resolution postponing the regular Council meeting of January 1 to January 8) 1985, y, Receive the Comprenensive Annual Financial Report by Arthur Andersen and Company. 10. Consider approval of closing the Wye-Robertson railroad crossing. ('The Planning and Zoning Commission recommends approval.) 11. 01ficial Action on Executive Session Items: A. Legal Matters 8. Real Estate C. Personnel 0. Board Appointments 1 Y y City of Denton City Council. Agenda Decemper 18, .1984 Page Five 11, New Business: this item provides a section for Council Members to suggest items for future agandas. C 9 R E I F i , A I E I certify that the above notice of meeting was posted on the bulletin hoard-at tae City Nall of the City of Denton, Texas, on the day of 1984 at l/ 1 O'CLock {a.m.) CITY SECRETARY r 1597C AGENDA CI1'Y, OF 'DEN'T'ON CITY COUNCIL December 18, 1984 Work Session of the City of Denton City Council on Tuesday, December 18, 1984, at 5:30 p,m, in the "ivil Defense Room of the Municipal Building at which the following items gill be considered: 5:30 p.m. 11 Report on activities of Denton Sesqutcentennial Committee. L, Discussion of the Fire Departmen( reorganization and position title changes in the Police and Fire Departments. 3, Discussion of the vacation/bonus pay policy, 4. Discussion of proposed expansion of the Capricorn Mobile dome Park for the purpose of determining whether to begin the annexation process, 5. Approval of proposed sign ordinance provisions. 6. Executive Session: A. Legal. Matters Under See. lke), Art. 6252-17 V„ T,S. B. Real Estate Under Sec, 2l f), Art. 6252-17 V.A,I.b. C. Personnel Under Sec, 2(g), Art 6251-17 V.A.'T,S, D, Board Appointments Under Sec. 2(g), Art 6292-1.7 V.A.1'.S. Regular Meeting of the City of Denton City Council on 'Tuesday, December 18, 19840 at 7;00 p,m, in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 P.M. 1. Consider approval of a Resolution in Memory of C,' J. 'T'aylor, Jr. Z. Consider approval of the fflnutes of the Regular Meeting of September 18, 1944 and the Special Called Meeting of September 25, 1984. 3. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will oe 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 Donton City Council Agenda December 18, 1984 Page Two A. Bids and Purchase Orders; Listed oelow are bids and an agreement to be approved for paymont unuer the Ordinance section of the agenda, Detailed Gback-up information is attached to the ordinances (Agenda items 7,A, and 7.B), rhls listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance, 1. Bid # 9scb - Police sedans and sedans G, Bid # 930 - Pickups and vans 3, Bid # 9370 - Lease/purchase of motor pool equipment 4. Bid # 9371 - IBM disk drive 5. Bid # 9373 - Loss test set b. Bid # 9374 - 1'ree trimming and 1 miscellaneous electrical lines b, Agreements: Approval of an agreement to provide certain program services on the Utility Billing System and Payroll-Personnel System during fiscal year 1964-85 between the City and 'Tres Systems, inc. C, Plats, Replats, and Site Plans; 1, Approval of amendment of site plan of an approved specific use permit on an approximately 39,313 acre tract of land located along the east side of Mayhill Road (5-165). (The Planning and Zoning Commission recommends approval.) Z. Approval of preliminary plat of the Garner Addition, Block 1, Lot 1. (The Planning and Zoning Commission recommends approval,) i 3. Approval of preliminary plat of the Smith Hill Addition, (toe Plannin and Zoning Commission recommends approvall.) 4. Approval of preliminary replat of the Veteran's Addition, Lots 4A and 4B. ('the Planning and Zoning Commission recommends approval,) City at Benton 04ty Council. Agenda December 18, 1984 Page 'Three 5. Approval of reliminary plat of West ate Park, First` Addition, Block C, Lot 5. tPhe Planning and Zoning Commission recommends approval.) 6. Approval of preliminary plat of The Woodlands and Oaks of Township iX Addition. (The Planning and Zoning Commission recommends approval.) 4. Presentation to the City Council of resolutions approved by the Sam Houston Clementary School Parent- Teachers Association. 56 Presentation of a petition to the City Council by Mr. Jim Goulet regarding the saving of trees, 6. Public Hearings; A. Hold a public hearing on the etition of B. L. Archer for annexation of 31.02f acres icioated at the southwest corner of Ryan Road and :,asley 1,ane (FM'Z181) (A-8). ( i'he Planning and Zoning Commission recommends approval,.) B. Hold a )ublic hearing regarding the proposed annexation of approximately 5 acres of land located north of Highway 380 West and adjacent and west of Masco Branch Road (A-9). (The Planning and Zoning Commission recommends approval,) C. Hold a public hearing on the petition of Myers Development Corporation for annexation of approximately 131.7 acres located south of Robinson road and east of Nowlin Road (A-10). (`fhe Planning and Zoning Commission recommends approval.) D. Hold a public hearing on the petition of Walter DeRonde for annexation of approximately 112 acres located west of 1-35C service road and north of oarshall Road and east of the l'opeka and Banta Fe J Railway (A-12). he Planning and Zoning Commission recommends approval,) 1. Ordinances-, A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials,' dquipment, supplies or services; providing for the expenditure of funds therefore; and providing for an effective date. city of Denton City Council Agenda December 18, 1984 Page Four B, Consider adoption of an ordinance approving an agreement to provide certain program services on the Utility Billing System and Payroll-Personnel System during fiscal year 1984-85 between the City and Tres Systems, Inc. G. Consider adoption of an ordinance approving the sale of O,l4t acres of real property as described nerein; authorizing the Mayor to execute the necessary documents transferring title, (D-35) D, Consider adoption of an ordinance approving a change in zoning from the agricultural (A) district to toe planned development (PD) district on an approximately 17,1 acre parcel located at the southwest corner of Paige and Swisher Roads. (z-1694) S. Consider ado tion of an ordinance approving, f~ change in ~oning from the agricultural (A) district to the planned development (PD) district on a 49.4 acres tract located on the north side of Shady Snores Road approximately 250 feet west of Swisher Road, (Z-1695) F. Consider adoption of an ordinance autnorizing the expendiLUre of funds by the City of Denton for hosting a business meeting and banquet for the Texas Municipal League, Region 8, ti. ResoiuLionss A. Consider approval of a resolution to amend the vacation/bonus time policy. B. Consider approval of a resolution postponing the regular Council meeting of January 1 to January 8, 1985, 9. Receive the Comprehensive Annual Financial Report by Arthur Andersen and Company. 4 10. Consider approval of closing the Wye-Robertson railroad crossing, (The Planning and Zoning Commission recommends approval.) 11. Official Action on Executive Session Items: A, Legal Matters 13. Real Lstate C. Personnel D. Board Appointments Glty of Denton City Council Agenda December 18, 1984 Page Five 12, New Business: this item provides a section for Council Members to suggest items for future agondas, c E R 'r I F I C A r E 1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, 'T'exas, on the day of 1984 at o'clock (a.m.) CI'T'Y SECRETARY 1597C 30 CITY OF DENTON MEMORANDUM Dater December 12, 1984 Tot G. Chris Hartung, City Manager From: Denise Spivey, Development Review Planner Subject: Sesquicentennial Committee As you know, 1986, the 150th birthdate of the State of Texas is fast approaching. Recently, several members of the City of Denton Sesquicentennial Committee attended the state leader- ship conference in Austin. Committee members Were able to par- ticipate in several sessions including legal issues, publicity, marketing, fund raising, etc, Denton's committee is finalizing plans for the celebration and would like to update the City Council on these plans, t~ti i Denise Sp vey DSiab CITY OP DENTON MEMORANDUM ICI DATEi December 18, 1,984 TOt Mayor and Members of the City Council FROM} David Ellison, Senior Planner SUBaECTt DISCUSSION OF PROPOSED EXPANSION OF CAPRICORN MOBILE HOME PARK FOR THE PURPOSE OF DETERMINING WHETHER TO BEGIN THE ANNEXATION PROCESS The existing Capricorn Mobile Home Park is situated on approxi- mately 30 acres and consists of approximately 70 mobile home sites, Holigan Development corporation (developers of Hickory Creek Mobile Home Park) have submi;;ted a preliminary plat for 65 acres adjoining the existing park. The intent of the pre- liminary plat is to achieve approval of a one lot subdivision for the purposes of expanding the existing park so that there are a total of approximately 600 units. Essentially, the prospective developers are seeking approval of a 100 acre mobile home park of which the existing park will reportedly be Significantly improved. Compliance with the City of Denton Mobile Home Park and Travel Trailer Ordinance has been pledged. It has been indicated that the issue of annexation does not have a significant bearing on development plans from the owner's perspective, but annexation is the only way to insure compliance with City Development Standards or control the use t,.rough zoning,, State law permits a home rule City, on its initiative, to annex a total of 10% bf the current land area per year. The City is approximately 42.5 square miles in size, so we do have the authority to annex a 4.2 square mile area in 1985. This area would not fall within the boundaries of a possible 2,000 acre annexation which would take in property east and south of existing city limits towards Lake Lewisville. 0 J Mayor & Members of the City Council December 18, 1984 Page 2 Many improvements required by the City of Denton Subdivision Regulations (streets and utilities particularly) will be required regardless of the outcome of the annexation question. It is again, however, important to note that the City of Denton Mobile Home Park and Travel 'Frailer ordinance requirements cannot be required by law unless the property is annexed into the City of Denton. N L. ~nv~d~~ll~~on-"_____________ se 0553s I 1.r I l I I _j' i /~h'1!1!11 ~.1_iH I; MI!1 {Mn 1, !r ry r1 tll WY I . NI MCI *II~I~N.tI \ • " / IN IC _ ~ III1N IN1 /1 MIIMMI \ \ 1 _ ` ~ 1 ` 1 . y AI • • I1~ l ~1's 4 ~ M 1 I 1 I 1 : l 1 ' 1 t 1• 1 lit pill . 4. s P f MAIT NO. 7 MIL 30, I984 50 1 3D NO. AN ORAINANC£ gg,E?EA1.IN0 THS EXISTING ARTICLE 17 AND OTHER PRO- VISIONS 0.E4ATINo TO SIGNS AND RELNACTINO A NEW ARTICLE 17 OF APP£KDIX d-ZONING OF THZ COU OF ORIIINANCES OF THE CITY OF DZRTON TEXAS TO PIIOVI,Dk FOR THE REOV"TING OF SIGNS AND THE PER; R+XNO THEREOF' PROVIDIK FOR A PENALTY NOT TO EXC£ED TWO HUNDRED DOLLARS (SiOO.00) FOR VIOLATIONS THEREOF PROVIDING FOR A S£VERADILITY CLAUSZ' REPEALING ALL ORDINANCES IN CONFLICT THEREOF; AND PROVIDINO hR AN EFFECTIVE DATE. NHEREAS, the City Council of the City of Denton finds that the regulation of the site, location, height, use, maintenance, construction and placement of signs and other outdoor advertising devices and structures is necessary to pre4at impediments and dangers to drivers and pedestrians upon and along City streets, sidewalks and sasementa; and WHEREAS, the City Council oI, thr, City of Denton finds that ,no- use of signs and other outdoor advertising devices and structures, if unregulated, oan, because of chair number, placement, and charecta risties, adversaly effect proparcy values; aestnotieally damage the overall a°ivironmenc; craaca an unfavorable business climate which hampers attempcs to attract and retain desirable commercial and business enterprises; and foster conditions that lessen the enjoyment and desirability of the City of Denton as a place in which co visit, live and work; and wHEYE<1.;, the City Council of the City of Denton finds chat portable or mobile signs present special craffic hazards when t4Wed on public streets or displayed on or along public right- of-ways; act as impediments cc the iCfectivene3s of the police and fire departmencs in performing taaLr duties; present dangers to the health, safety and general welfara of the citizens of the C'-t7 of Dencon because of their mobility, chair propensity to be blo.n about if not properly anchored, anu, is lignced, present spec_al naaards of electrical use not -ound in other signs; and WHEREAS, Texas Revised Civil Scatuce Article 1175 (2+) specifically suumeratas as one -.)f cha pourers poss,►ssed by cne PAGE 1 City of Denton is the authority to regulate, license and contvol or prohibit the erection of signs and billboards; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECT 1". That Article 17 of Appendix S•Zoning of the Code of Ordi- natsces of the City of Denton is hereby in all things repealed, SECTION II, That a new Article 17 of Appendix S•Zoning of the Code of Ordinances of tha City of Denton is hereby adopted to hereafter read as follows: ARTICLE 17. SIG' REGULATIONS A, General Provisions 1, Purpose & Intent 2. Definitioas 3. Signs Not Regulated 4, Prohibited Signs 5 Administration 6 Enforcement S. Permits C. Portable Signs D. Regular.lon of Signs by Zoning Districts E. Regulation of Attached Signs F, Abandoned Signs C. Special Provisions 1, Mannar of Kaasurement 2. Setback Clearance Zone , 3, Signs on Certain Highways 4, Claarance from Electrical Lines 5. Temporary b Political Signs 6. Sign Haintenance 7. Identification of Signs H. Noncon!orming Signs I, Special Exceptions Allowed J. Historical Landmark Signs C. Conflicting Provisions A.. GENERAL PROVISIONS 1. Pucoose and Intent, it is the purpose of this Article to regulate the construction, erection, placement, maintenance, use and removAl, of private signs within the City of Denton, Texas, PAGE 2 1 It is the intent of this A.rti,ole to regulate signs $$morally by classifying each sign according to its dasign and construction and by regulating, based on such Claseifioatioh, the type, number, size, height and setback of signs according to location £n the various zoning districts. It to also the intent and determination of the City Council that these regulations be and are the minimum necessary and least burdensome to aoooap!.ieh the purposes heretofore stated, 2. Definitions, rho following words, as used in this Article or Article 7, shall have the meanings respectively ascribed to them, as follower (a) "Advartisin"' shall seam to seek the attraction of or to direct the attention of the public to any location, goods, services, or merchandise whatsoever, (b) "business Purposes" shall mean the erection or use of any property, building, or structure, parmanont or cemporar , for the primary purpose of uonduating in said building or structure or on said property a leSSitimate nomaercial enterprise in compliance with a11' ordinances and regulations of the City o,° Denton governing such activity. Business purpose shill not include any property, building, or structure arected or used for the primary purpose of securing a permit to *root 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 exist, along the edge of the traveled portion of the roadway, (d) "Effective area" means the area enclosed by the minimumImaginary rectangle ar vertical and horizontal lines which fully contains all extremities of a sign (or signs), exclusive of its supporting structure. This rectangle is to be calculated from An orthograpnic 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 or string of lights, the measurement shall be taken when the elements are fully extended and parallel to the plane of view. (a) "Non-Residential Zoning Distriec" means any zoning district designated as a P) 0, 14'S, GR, r, LI or R1 district as shown on the official zoning district map of the City of Denton. (f) "Owner" means a person who nas legal ci:le, control or possession of property. (g) "Premises" shall mean a lot, parcel or tract of real property as shown on a plat approved in accordance with law and filed with the County Clerk's Office or PAGE 3 1 r, an unpletted treat of land as oonvayed by deed or operation of law and recorded in the oflliaiel records of the County Clerk's Office. (h) "Residential xontag •Aistriot" means any toning district designated as an A SF-7, SF-l0, $r-13$ F-16, 2-F, M -R, MF-1 or MF-~t district as shown on thn official toning district map of the City of Denton. (i) "Side Yard Setback Linet," mean the imaginary lines drawn parallel to the s/,de yard lot line or property lines on a premise which delineate the minimum required side yard areas for that premise, (j) "Sign" shall mean any device, fla , lignt fixture picture, letter, word, message, symbol, plaque, wind 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 premise, excluding those searchlights and landscape fixtures which display no words or symbols and those works of art which display no words or additional symbols. For putpoes 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 in 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 to, applied on or supported b , any part of a building (such as a wall, roof, w ndow, canopy, awning, or marquee) which encloses or covers usable space, Wall signs, roof signs and projecting signs shall be considered attached signs. (1) "Dilapidated or Deteriorated SLgn" shall mean a sign, (aa) Where elements of the surface or background can be sawn as viewed from the normal viewing distance (intended viawing distance), to have portions of the finished materiel or paint flaked, broken off, or missing, jr otherwise not in harmony with the rest of the surface, or (bb) Whave the structural support or frame members are visibly bent, broken, dented, or torn; or (cc) Where the penal is visibly cracked or in the case of wood and similar products, splintered in such a way as to constitute an unsiaOtly or harmful condition; or (dd) Where the sign or ale,~ants of it are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support); or (se) Where chi message or wording can no longer 'oe clearly read by a person .rich normal syssignt under normal viewing conditions, PAGE 4 (4) "Ground $iga" 0411 aeea 4 sign whose principal support is rovided by buryia , anchor a or other- vise oonaeoUAl the sign, os~ support structure thorW, to the ground i0 such a meaner as not to be easily or quickly removed or relocated, and which is not a stake sign, portable sign or attached sign. (S) "Off-Pramis• Si`a" shell 6440 any sign advertising a busip}}sa, activity, goods, products or services not usually located on the premises where the sign is located or which directs parsons to any premise other than where such sign is located. (6) "On-Promise Sign" shall moan any tiro advertising the business, person, hetivity0 goods, products or services prim rily locate41 sold or offered for sale on the premises where the sign is located. A sign which promotes or 414ppl4y4 a political, religious or ideological thought, beLlhf, opinion or other purely noncommercial message Ilhall be considered an on-premise sign. (7) "One Sign" or "A Sign" sha1i mean any number of signs located on or supported 6,y a single supporting structure. (8) "Portable Sign" shall mean a sign whose principal supporting structure is intended, by design or construct on, to be used by resting upon the ground for support and which may be *silly and quickly 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 oarrisr 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, (9) "Pr acting Sign" shall mean any sign which is wholly affixed to, or supported by any building wall, and which exttnds beyond the building wall more than twelve (12 inches, (10) "Roof Sign" shall mean any sign wholly erected in, affixed to, constructed on, maintained upon, supported by, or located upon any roof o? any building, (11) "Stake Sign" shall mean a sign whose principal sup- porting structure is so designed or shaped, usually by making one and pointed, so as to be erected and used by pushing, pounding, hammering or forcing into the ground and allowing quick and easy removal and relocation from one place to another, (12) "Wall Sign" r,hall mean any sign wnolly affixed to, suppggcreed by, or ppminted upon the wall of any huilding, and which is not a projecting sign. (k) "Supporting Structure" means any pole, post, cabl?, or other structural fixtures, or parts, so arranged or used so as to hold, secure or support a sign, or part thereof, and which is not imprinted or labeled with any picture, symbol, letters, numbers, or words in excess of one inch in height nor is internally or decoratively illuminated. (1) "hind Device" means any flag, banner, pennant, streamer or similar device that moves -reely in the air, PAGE 5 3. $iina Not Roaulttlid- The followigg types of IiRas shall be' exempt from the provisions of this Artiolei (a) Gove atal Sixna, Any sign erected or maintained pu ua to 4 in discharge of any gover=ental function or which is required by law, ordinance or govera"stal regulation. (b) gai}~ Signs, My sign witnin or on railway property alntained in raference to the operation an ooo or railway. such (o) UtilitvoIlzas. Signs seeking utility or underground co u oa s or transmission lines. (d) Ve a . 'Signs displayed or used upon vehicles, tra e s or aircraft unless such vehicle, trailer or aircraft on which such sign is displayed is permanently stationed or regularly used at a fixed location to serve the seas or aimilar purpose of a permanent or portable sign not affixed to a vehicle, trailer or aircraft. (e) Signs Not Visib F Qg,treet. Any sign where no part uc i ga T vi3 bTa arom any public street. w o da 1i ou Si ns, Temporary holiday or re g oup s gns without commercial advertising. (g) on P r sons. Hand held signs, signs, symbols or HIN ays on persons or animals. (h) U__~p1u__s~~ed~~Siltpa. Signs being manufactured, transported or storeaed not being used, in any manner or form, for purposis of advertising. (1) _P_.l_~__a.qque_s__. Commemorative plaques of recognized sTF-o`rical societies and organizations. (y) Private Traffic Control. On-premise signs which meet Me movement o traffic on private, property (such as ancrance and exic signs) or warn of obstacles, overhead clearances, or control parking; provided that such signs, are less than 10 feet in effective area, are less cntn 6 feet in height, and are not placed to is to interfere with she safe movement of vehicles or pedestrians. (k) Mail Soxes, Newspaper Racks.. Signs located on mail oxesi newspaper van ng machines, and curbside residential newspaper holders which identify the owner and address of the premises or the name of the newspaper sold or subscribed to; provided, that such devices see not placed so as to interfere with the safe movement of pedestrians or vehicular traffic. (1) Signs on Outdoor !lachin , 0e vice a ~d 1,,Iement. Signs cents on, at none to oY patea upon machines, devices and equipment located or used outdoors which do not generally advertise the business wnera such machines, devices and equipment are used or located but do, in regard to such machines, devices or equipment, identity its trademark, tradename or manuficcuvar; give the name or cost of the produce or service provided therefrom; or give the operating instructions therefor, PAGE 6 not be limited devices 4oi,a opera 11 Yondin~lmachines, fuel disppensin pampa, Calephoae booths or aoiliCies, auto - matio tel~er machine{, automotive vacuum cleaners, and other similar self-servios outdoor machines, devices or equipment. 4, Prohibited UJI . IC shall be unlawful for any person to erect, construct, maiatain, reconstruct, place, convert, locate or make use of or cause to be erected, constructed, maintained, M reconstructed, placed, located or used, any of the following signs for advertising purposesi (a) S~Ana on -Private. Property without consent of Owner, 5 gns ocat• on private property wit iF'oUt tFie consent of the owner of said premises, (b) Parki_n.~Ltand N~~~gqeuv Areas. Signs which are T6iCi3-ilI _ar 'titiCi! it~he use of a required off-street ttparking space or maneuvering area. (c) a41 f S~r&MI dila t ated or which In r of ror therwise unsafe, p danger falling (d) Si_ anso Pubes lto proper Signs which are located on or w t nn a pu o Stec,', sidewalk, allay, right-of- way, curb, or any public bridge or part of Same, or on any public building or structure of any kind belonging to c'he City, when such use or location unreasonably interferes with, or creates danger in the use of the public property, in any ease, ground or portable signs shall not be located within the public right of-way and no sign shall be located with- in a street median or intersection visibility triangle, (a) Coda Compliance. Signs which do not comply with any a- pTicr61provision 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 gSoi nsieturSimachinahich employ a Itersopcialir (h) _5~___gg~ns Obsr ouurinum~3 noaraSf< intarfeueri~ a n Wit ehr as cView.o obsc Sigurnes t5ca,t,gd s manner or otherwise interfere with the effectiveness of an official traffic sign, signal or device or so as to obstruct or lntorfare with the view of a driver o° approaching, emerging or intersecting traffic, or so as to prevent any traveler on any street from obtaining a clear view of approaching vehicles for a distance of 250 £eet aLong the street, (1) Proper Snieldin of Li htad Signs, Signs containing or making use o ligncs whicn are not effectively sniolded as to prevent beams' or rays of lights from being directed at any portion of ttna travoled way of a public street or which are of such intensity or brilliance, regardless of use, directions or shielding, so as to likely impair or Interfere with the vision of any driver of any motor vehicle upon a public street. PACE 7 f (1) My lion with o O s except temporary Chriet"s lights or signs %ihich hove a moviag menage or which have automatically vhangins messsgos, S, Ada ist;ge#on yW Ealoraeeent, rho Sualdias Otfintal stall enforce and admiaister the provisions of this Article. The BuildinS 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 Signs, It snall be unlawful for any person to place, locate, treat, construct, reconstruct, alter, maintain, Pr make use of any sign, not exempt from regulation, without having first secured a written permit for such sign from the Building Official, except as otherwise provided in this Article. 2. Exceotions tq Permit Recutrament, rho following types of regulated sighs 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 windows or doors, (e) Portable Signs, (f) Stake Signs, 3. Apolication Procedure, Ine application for a sik:n permit shall be submitted on such forms as tno Building Official may proscribe and shall be accompanied by such Lnformation, drawings r and descriptive data as required by the Building Official to in- sure proper regulation of such sign and to Lnsure compliance with this Article, 4. PermiNo. If the plans and specifications for such sign set forth in any application for a permit conform to all of the requirements of this Ar,<cle and any other ordinance or law applicable thereto, the Building Official snall, upon payment of the following fee, issue the, appropriate permit; PAGE 8 Effective ,6126 of Sian (9c, Ft,) FU 0 to ~ SO 315100 over y0 to 100 M Q0 .80 over 100 'too 0000 23, 0 over 200 over 300 50.00 S. Duration of Permit. Ualesa otherwise revoked, all permits issued for signs shall be valid for an indefinite period of time, except as otherwise provided for in this Article, b. Revocation of Permit; Aooeals. (a) lie oov r Ho~ti he t r r. The Building official is Teare y - S~aa e power to revoke any and d all all at n permits for violation of any provision of this Artf.cle'; provided that, the Building Official shall conduct a hearing, if requested by the permit holder, prior to the revocation of the permit The person whose permit to under consideration shall be given at least ten (10) days written notice of the late and time of the hearing and shall be permitted to present relevant facts riagarding the pendin revocation. Following such hearing the Building Official shall issue a written decision, and, if such permit is to be revoked, provide the permit holder with a copy of Ruch decision and order revoking such permit. (b) l~eis from Revocation. Any pormitholder wishing to appeal t e ee s on an order of the Building Official revoking a sign permit may aeai the same to the Board of Adjustment in acc.with the laws, ordinances, regulations and procedures governing other matters appealed to said Board. C. PORTABLE SIGNS. 1, Regulations Applicable to all Portable Siar,s. In addition to all other applicable provisions the following regulations shall apply to all portable signs in all zoning districts; (a) F'lashin LL hts Prohibited, No portable sign shall e use so a9 t0 mnke usa of any flashing or intermittent lights on or in conjunction with such sign. (b) Signs 4nahored. All portable signs used for a"civer-" l Mig pur?^scc, when not in transit, shall be securely anchored, so as to prevent overturning or unsafe movement, the su.1ficiancyy of such anchorage to be determined by the Building Official. (c) Maximum Size. No portable sign shall be used for a very ng, which is in ixcess of 72 square feet of ef fectivae area 2, Number of On-Premise Portable S!izns Limited. No person shall place) erect, maintain or make use of, at anyone time, on any oaa premise more than two (2) on-preftise portable signs for purposes of advertising of an effective area of 25 square feet PACE 9 or less or more than one (1) on-promise portable sign for purposee of advsrtising of as effective area of aore than 23 square feet. 3. Rotulation of Off-Premise Portable Signs, The following regulations shall apply to all off-premise portable signs used for aivrwAsingr (a) N m r L • No person shall erect, maintain or is • use o more than ode oRf•premise portable sign at gayy one time to advertise, Identify or otherwise give irformatio'n relating to the business, activity, event, product or service, whether one or mote, located on or at any one business, store or commercial w ablishaent. (b) Seac~ep No persoq snail place, erect, asks use of or maintain an off•pFreaise portable sign within 456 feat of soother Off-pr.gise portable) sign. In computing the,spacingi requirement, the moasuresent shall be made paralle to the nearest curb line and on the same side of the strut, (c) _Id..,~ntific do , The owner of an off-premlye portable sign sh*11 cause 'each' sign to ba conspicuously labeled or marked with the owner s name, address and telephone number, (d) Ra$ister To Be Kept, Every owner placing, using or maznta n ng an o premiss portable sign shall keeo a currant register or, book showing the date or dates wnen, and lot:aCion 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 dares or at a premise when such sign was not so used. Every person required to keep a current regiscar or book shall make such register or book available to the Building Enspector for inspection, upon demand, at any reasonable time, 4. Abatement of Off-Pramiss Portable Signs in Five Year. 3eginning five years from the affective date of this ordinance, no person shall erect, use, make use of, or maintain any off- prtamise 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 D stricty. The following regulations snall apply to signs in all residential coning districts. (a) Type. Roof., projecting, portabla or off-premise st309 are proUibiced. (b) Hem zhc. No sign snall have a greater haignc than 23 .eat. PAGE 10 (o) No sirs shall have an effective area greater w $0 square fat, (d) Sa All ground sisal shall maia;aio a minimum MEMO or a tbeok 41,0 the curb ice which is boat yard !ox that prestiise where the sign loc tad. (e) onmise; except ase provid d f kr as folio ci tad on (1) Any ppremises fronting more than one public street, whicp is not an alloy, shall be allowed to make use of one ground sign on each separate street frontage. (2) Any promise which has more than 450 feet of public strut frontage on any one public street (axclud- ingNalleys) may make use of one additional ground siga for each 450 feet of froata s, or fraction thereof; the round signs to be placed no closer than oma-halfg of the total distance of total street frontage on which they are used. 2. Non•Resident}a1 Districts. The following rojulations shall apply to signs in nos-residential zoning districts: (a) Type. All types of signs are permitted. (b) No sign, which is not a roof sign, shill ova a height granter than 40 feet. (a) Sizaa. No sign shall have an effective area greater than 400 square feet. (d) Setback. All ground, portable, and protecting signs s a ~ %aintain a minimum distance or setback from the curb line, as determined by height and effective area, in accordance with the following: 4 idinimum Serback Ft 3 30 30 30 Height (ft.) 2 20 20 JO 10 20 30 0 50 150 400 Effective Ares (Sq.Ft.) (In datarmining the required setback the measurement of the height or effective area o the sign which would require the greatest satbaok shall be used; provided, however, that if the datermintng height or effective area measurement is a dimension that separates two different setback requirements the least'r;tstriettve setback shall be used.) (a) Number, only one ground sign, or supporting struc- ture shall be located on any one promise, except as follows: (1) Any remissa fronting more than one public street, which is not an allay, snail be allowed to maze use of one ground sign for aach separate strast frontage. PACE 11 M (2) ,tay pY ise whiah has mvr• Chia 4$0 foot 01 ublio $tsRit rootage oa any one street (oxcludiag a l.eys) may make use of *as additional 4y0 foot of 1ia~agao Placed or ftiaation thereof. The signs to be closer than QQae-hstlf of the total distaaoe of the total street !rootage oa which they or* used. (3)' srrsitts bust**$$ Orause to sdividedbuilpdia$s,vfbicK Msaws or use thereon shall be allowed one ar core on•preriae signs on the permitted supporting structures thereon. 9. planned Deygloyagnt Dis c . All signs located in a ?leaned Development District shall comply with all provisions of this Article including any provision that would have been applicable to the property on which the sign is located had the property been otherwise toned into districts in accordanos with the uses shown on the approved site plan for such Planned Developments provided, however, that the Planning and Zoning Commission may racommead, and the City Council may vary La the planned development ordinance for said premises, any of the siga roquiremsnts of this AL-title as such requirements would apply to signs Ln Planned Developmeat Districts, 4, Central Business Districts. The following regulations shall apply to signs in Central Business Zoning Districts. (a) Ai ht -of-wa Li itae t or exren SntostheN pppublic jrightnof!wiy for a pro of more than 10 feet or within 2 feet of the nearest curb line, whichever is more restrictive. No projecting sign, supporting pstructure, or part thereof which extends into the between he g ound ylevelland 8 uEeatdabovefsaid ground level in said right-of-way. (b) Site, 400osqua n shill have an effective area greater (c) Height Limitation No ground sign or supportin%q structure C •reo~ shall have a height greater then 40 feet'. E, REGULATION OF ATTACHED SIGNS. In addition to any other applicable regulations, the'follow- ing regulations shall apply to the type of sign specified in all zoning districrs. 1. Roof Signs. (a) PrtlleCtion. Roof signs, or the supporting structure thereof, shall not extend laturally beyond the exterior walls, PAGE 12 CC upward beyond the highoat point of the roof of the building on whieb it is located, to a height, as measured fros► ground level to the highest part of the roof, which is greater than specified below as followai l oae O()story bldg S x o bld$ height 2 two (i) story bldg 3% o bldg height 13~ three (3) to five (S) story bldg 30% of bldg hoight 4~ six 6)) to aia! (9) Cory bldg Z J% of bld height Srr tea ~10) to listton (1 S) story bldg 2 % of b d height 6) sixteen (16) story bldg or higher Max. height of 40 feet strgStog. (b) seou o -the building uponiwhichsthey are installed, 2. Pr0leotiat Sixaa, (a) C All projsetiag signs shall be securely 4ttadAdd to the building, or structure. (b) Proi.coi0a Ing"d A projecting sign shall not 61 ~S £id ofi' r#- Y 1 of Any building so as to proloot above t'- roof or parapet wall or above the roo level where there is no parapet Wall; except that a sign ereatod 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 where there is no parapet wail. A sign attached to a corner of a building sad parallel to the vertical llae of such corner, shall be dewed to be erected at a right angle to the buildia, wall, (c) Sire. The total square footage of all projecting s Qns shall not exceed twenty (20X) percent of the wall area on which such signs are :.coated. 3. Wall Signs. (a) Construction. Well signs a4tachad to exterior walls o solid masoary, concrete or stone, shall be safely and securely attached. Wood blocks shall not be used for anchors e, except in the case of wall signs attached to buildings with walls of wood, A wall sign shall not be supported by anchorages secures; to an unbraeed parapet wall. (b) Size. The total square footage of all wall signs snail not exceed tws;;ty (20..) ercent of the wall area on which such signs are located. 4. Sisns on Common 8411dinis, Wnan 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 separately to the part of the exterior walls which contain that business or use. PACE 13 F. ABANDONED SIGNS Removal Of A440400e4 Signs. All abandoned signs And their supporting structures, if not a b"1diag, shall be removed within thirty (30) days from the date 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 this ordinance shall be removed within thirty (30) days of the effective date of this ordinance. 2. Extension of Time To Use, The owner or lessee of the premises 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 effective date of this ordinance, make application to the Building Official for an extension of time cc 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 maxinum of twelve (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 grsnred,. or any unlawful sign or supporting structure thereof, is hereby declared a public nuisance and may be removed in accordance with cha procedures set forth herein. (a) Ngtioe 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 premisea where such siggn is located, ordering the removal of such sign and its supporting structure within tan (10) days of delivery or mailing of the notice and PAGE 14 order. for purposes of this rovi4ioa th aw of the ocher local Max bid 6 Nthe rtsdioaiou for tax p 9poses r as e the owoor of the premises where such abandoned or ualawfu. si{n to 1040e4 shall be pro$W"d to 00 the owner of such property or the agent for such owner and notice mailed or delivered to said person at the address listed shall be presumed to be sufficient. (b) If the person ordered to remove said iemoava s to do so wLthia the time specified, the Bu Win Official say, after twenty (20) days of the date o ~ delivery or aailiag of the notice and order, remove or cause said alga to be resovedi provided, however, that any person assrieved by said order say Ells an appeal with the bosrA of Adiustuasat is accordance with the provisions applicable for other appeals fro* decisions of the building Official. In case suep appeal 14 timely filed, the procedures applicabll to other appeals shall be followed and the order of the building Official may be stayed in accordance thereof pendiag the final determination of the board of Adjustment, (c) ~g at -of Silasl, t~o* g~s~ tion:..Disnosal. Any sign w r" +~ci ova y eE Iu ag 02M.I.&I pursuant to those provisions shall be impounded and transported to and stored by the building Official at a location designated for such purpose, leoords of where such si ns were located sad when removed shall be kept, rho Building Official shall goad a letter to the owner of such :si a, if known, or if not known, to the owner or parson in control of the premises where such sign is Located giving notice of such impoundment. The building Official shall hold the sign in storage for at least thirty (30) days alter notice of impound- ment has been mailed. Any portable sign may be redeemed hi 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 dog 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 the notice of impoundment may be disposed of in accordance with applicable law, (d) Rec ve.rY 4f. Costs, 11, upon disposal of an unredeemed ~F aE'oT sr! M, rho Building Official has not received an amount sufficiant cc cover the cost of removal and haulLnqq of such removed sign, the Building Official shall send notice to the owner of the promises where s4ch sign was located requesting payment of Me removal and hauling costa less any amount receieed in disposal of such sign. An such 'costs remaining unpaid after thit'tyy (30.) U:,* from the data of mailing of notice shall-bacome delinquent end shall bear interest at ton (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 1ittod by filing and perff4CIng a lien against said promises. The cost leVisd+4gatnst said premises shall include a $50.00 administration fee. PAGE 15 f , (e) ADOG&I Of Coot IS"doodl v , Any pperaaa stay 4000 40SI Eor rho roSOV41 O TA Also W00447 ~ he filial as p"I with the $004 oc Ad uotaost wtt;L twagty (20~ 4#Y4 of bqs Meilia$ of t~ aotiw of , such coats. The bard al s int 4~r hither uphold tho oosC isp►osed by the luildieg official or _is0e64 aa4 amuse to be levied whatever cost it considers to be roaaooable. Stot• a coats imposed hereunder shall not be 4ppea~able. 0. SPSCIAL PROVISIONS, 1. Haan. er of Measurement, (a) Setba~4. To apply the setback provision of this Art o s for it as at may one oiac, the following measuring procedure shall be usedP, (1) Draw as La#sLaary vertical line 4xteadiag upward from. the curb line of the premises; (2) Bagi4o1ag at any point an the vertical line draw as tssa=iaary horizontal line perpendicular to the vertical line and curb Ilae and extending toward the premises; (3) Bagiaaiag at the point where the vertical line ant*rt3gts qqhe hottixoatal line, measure along the herisental line !or the required setback, (See Appendix Illustration 14a) (b) H~aighht~ To apply the applicable height limitations U--Mts Article at any one point for signs, or supporting structures thereof, which are not roof sagas, 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) Beginnint 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 structure; (3) Proa that ppoint draw an imaginary horizontal line perpandicular to the vertical line towards the premises; (4) This extended horizontal, line divas the maximum height allowed at that location for a particular si a or supporting structure, (Sae Appendix Illustration 14b), (c) Effs C v Area. In data ftiotng the effective area of a a gn where more than one. sign is Located or affixed t~ a single supporting structure, all signs located thereon or affixed thereto shall be Included and measured together as though they were one sign, 2, Setback Clearance Zone. In 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 PAGE 16 i this apace, (as determined is the sere saner for musuri.as height and setback for algae), between 2 end 10 feet is height within 15 feet of the curb liae of say public street, (See Appendix Illustration 144), The supporting structure of such aign may occupy such space to an extent no greater than 2 square feet in area, such area to be determined in the some manner as for effective area of signs. 3. Stage gn cgrtaia h ahves. The provisions of this Article shall apply to all signs along the Interstate or Primary System of UlWayls within the City to the extent that such provisions supplement or compliment, but are not is conflict with, any law, rule or' regulation scooted by or made pursuant to the Federal Highway beautification Act, (23 U.S.C,A., $ec. at, seq) including all amendments thereto, or the Texas Highway Beautification hot, (Article 6674 V•1, V,A.C.S.) including all amendments thereto. All sign permits issued by the building Official pursuant to this Article shall contain a notice advising the parmittse that signs located along the interstice or primary system of highways may be regulated by federal or state law or regulation and a permit may be required from another governmantal agency. 4, Clearance from Elgctrical Lines. Signs shall be located a minimum distance of 6 feet measured horizontally and 12 feet measured vertically from overhead electrical conductors which are energized in excess of 150 volts. The term "o,arhead conductors" as used herein means any electrical conductor, either base or insulated, installed above the ground. 5. Temporary and political SLM. (a) Temporary real estate sales and development, temporary political, occasional sales and other special use signs which are used for, or relate to, a paveicular purpose or event shall be removed by the owner of the promise on which they are looacad attar too (10) days of the date of the accomplishment of. the purpose for wnioh they are used or the occurrence of the event to which they refer or colic. (b) In the case of cemporary political signs the candidate to which 'a sign refers, -if not pl'acej on a premise by chi owner of the promise cnereof, snail be IIAGE 17 s N d responsible for the removal for such signs within the time specified above, (o,) Stews or portable signs which slat to a oaadidete or issue to be voted upon by a political, party or at a p blia election end are 2S square or lets to n estiv AreadWmarehit 0*4 e4 wnii hout01 ~ Lri visas dto other appliaabl0 raquirwots oil this Areiole. 6, Sian Maintemaaoe. All signs and supporting structures shall be kept in good repair, condition and appearance. All faces, bolts, supporting frames and fastenings shall be free from datsrioration, insect or rodent infestation, rot or loosening. Painted signs which are faded or obscured because of weather or time shall be repainted or redone or painted over so as to be neat in appearance. 7. Identifioation of Skins. Every off-premise sign shall be plainly marked at all timas, in a location to a to be conspicuous and easily identifiable, with the current name, address and tals- phone number of the owner or lessee of the silo. H. NONCONFORMING SIGNS. 1. Applicability. The provisions of this Articla, 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 Article applicable thereto, is not a portable sign or stake sign, and: (a) w 1a to 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. 1, Da truction; Repair, (a) Any nonconforming sign, including its supporting structure, which is destroyyed, damaged, dilapidated or deteriorated shall not be replaced, repaired,' or PACE 18 reaovatad, in whole or is part, if such repl""Mat, repair or rRnovstioa wguld require axpdodituro of monies is exoess of fi!r percent yy0~) of the raeppro- ductioa cost of a new 14 iaolu as its iupporbiag structure, which,is substsatially tlpi sass or aiailar to the noaoanfotsiag sign destroyed, da"ged, dilapidated or deteriorated. (b) The buildiaj official "y, whenever he d necessary - to reasons ly determine the applieab~Iey of the foregoing provision, require the owner of said non- conforming sign to subait two or more independent estimates from established sign companies of the cost of replaciag, repairing or renovating, to whole or in pert, the onisting noaccaforsia si~a and two or more ladeppeadent estisiatas from estatlished sign compeaies of the reproduction coat of a now sign, including its pp rt ilgrstruotursit e which is ng substantially the sesia or gi destroyed damaged to th dilapidated or deteriorated (c) No sign or supportiag structure which is 1 vfully reproduced, ,repaired, or renovated as a noncon orsing sign shall be increased in effective area or height. 4. Torainationt Time Period All legally' Aonoooforsiag 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 ttto sign became nonconforming, whichever is later. 5. Appeals from 'termination Period. The owner of any noncon- forming sign may appeal the termination time specified for such sign to the Board of Adjustment, Appeal proeidures, unless otherwise specified herein, shall be those as used in other matters appealed to the Board of Adjustment, (a) Tilin~Ap~eais, The owner of any nonconform- ng 9 ggn Who w she to appeal the termination date applicable cc such owner's sign shall file his appeal wiith the Board of Adjustment wi" in one (1) year of the effective data of the ordinance or within one (1) year the premises on which is located a nonconforming sign is annexed to the City, Failure to file such appeal within the time specified constitutes a waiver of the right to appeal or contest the termination date applicable to such nonconforming sign. (b) Hearine Aooaals. The Board of Adjustment may, in eta serat on, near all properly filed appeals after the one (1) year period for filing has passed and set all appeals to be hoard at one or more times as is convenient for such Board. (c) Osterm nat on, The Board.of Adjustment, in case of appsa o the applicable termination date, shall determine whether the termination date applicable 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 PAGE 19 board ear atid.r the 440040t of the initial 04pital invst"atr 90 Wpoot4ocy of the LAVOStia04, the resiov41 4044 to aoeplr with those regulations cad any otbAr faea r the Weed be~i.evos to be perti"at :ro the date Min Mel !h4 *Mort sation period apple Eros shall b4 640 uleted or ensured from the begioni.al of tt-e, assortisation period; i.e. the date the sign beco"t nonconforming. (d) F.xteaeioa isatioa Period. If the (Ward ~T iuel a err na o ate as applied to appellant a nonoonformiag sign does not afford sufficient time to allow appellant to recoup his investment in such siga, the board may grant, by its order, an extension of time to a date speof#.ed so that such sign may be maintained as a nonoonfforming sign until such specified date. 6. Relocation of Nonconforming Signs. Notwithstanding any other provision of this Article, any sign which is a legally existing nonconforming sign hereunder say be relocated on the same lot or tract of land if the silo is required to be removed from its present location because •')f 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 exercise of its power of eminent 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 herein shall not be extended because of such relocation. 7. Signs Located on Nonconforming Promisee. Where, on the effective date of this ordinance, a sign is located on a premise which is a legally nonconforming use of the premise and such sign is used in regard thereto, the sign may be used and maintained thereon, even though it would not be a permitted use, so long as such premise is continually used as a lawful nonconforming use; provided, however, if s+Ach 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. 1. SPECIAL EXCEPTYONS 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 'follo'wing circum4tances: FACE 20 1 r ~ Whes fifty pare"t (30%) or `e (e) 6~w Wes of Ouch assn as boated or to 'be looted f a socordasaoa With too astbaak or hoisht rquiroo"ts Of! Chia Artio~* 4"004 or wou d net b• viai,Ole frost at least one 'visibility point' 640a46e at the location of a buildi*s or structure oeas ruoted or sreeted prior to the effective date o this ovdi.aande. For the purposes of this prgvisioq, "visibility point" shall sass the viewisa locations, at a height of 6 feat Above the general surface level, determined by extaddisg the required side yard setback lines of to promise on which such side is toasted or to be located so as to intersect the curb lice of the public strove frosting said premise; than seasurisg from said iat.r- aection points eloog the curb line in the direction of the nearest side lot line of said lox for a distance of 100 feet. If the street frontial said precise allows, traffic flow in only one direction, the visibility point located along the' curb line in he direction from. which tvaftto approaches said pines at shall be uaad to ddetermine the visibility requirement herein. (Sae Appendix tllustrstion No,, IQ). (b) M$dical M 11 --ov r When a silo located an the promise or act uurloacy medical treatment facility would, because of the artback or hai`ht requiremants of this Article, not be readily visible from adjacent public streets. For purposes of this pvoviaioo, Emeq enay Hsdioal Treatment Facility" shall scan any hogpiW t clinic or other facility whore medical aid is offered to a person or animal Qho suffers an unexpected injury or illness which requires immediate medical attention. 2, In granting special exceptions allowed herein, the board of Adjustment shall specify, by writtan order,. the particular setback or the part..oular height that will be allowed and in doing to shall not allow deviation from the provisiona of this Article beyond what is minimally necessary to remedy the situation allowing for said spacial except'.on. J. HISTOAIAL L.AR'DKARK SIGNS The provisions of this Article shall not Apply insofar as they confict with any provision applicable to a sign designated as a historical landmark pursuant to the provisions oaf Article 28A of Appendix '6-Zoning of the Code of Ordinancas of the City of Denton, Texas. K. C014FLICT LNO PROVISIONS Tho definitions and provisions of this Artiela applicable cc signs shall control over any other conflicting definition or provision found in Appendix e-toning of the Code.of Ordinances of the City of Benton, Texas. PAGE 21 • ~.•...1 ..t;.. iq. • • s.~ r~• `gyp '1~ S19LT1 That the Appendix Illustrations of Appendix B-tonlnj of the Code of Ordinances of the City of Denton are nereby Amended by adding the following illustratioasl 141 SIGNS 14a, Measurement of Setback. QI~ Street urb line 14b1 Measurement of Height SIGN i Curb line 1 f Nf Pdf:F 77 r , 34vo Setback CIGOVINOS SOAK 7 400 ~ sgwr• hrt 100 j ~ sq, ft, ~ SO I fk 2 0 10 I p atrtif Gurtr link i 14d. Visibility Point vt>rbiiity OOIM 5 boeK - 1~ ~ nns , Slf~tt ~ Asoiiity poem PACE 23 ' SECTION IV. That the definitions of various type signs of Article 12 (51) through (59.1) of Appendix I-Zoning of Lna Code of Ordinances of the City of,Denton are hereby repealed in their entirety; said numbering to be reserved for future use. SECT ON V That Article 19 C of Appendix $-Zoning of the Code of Ordi- nancas of the City of Denton relating to special development signs is hereby repealed in its entirety; said paragraph C to be reserved for future use. SSCTIQN VI. That Article 27 (52) of Appendix B-Zoning of the Code of Ordinances of the City of Denton defining "sign" is hereby repealed in its entirety; said number reserved for future use. SECTION VII. That 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 hereby repealed in its entirety, said section number to be reserved for future use. SECTION VIII, That "I, Sign and Identification Uses" of Article 7 of Appendix 8-Zoning of the Code of Ordinances of the City of Denton, Texas is repealed in its entirety. SECTION IX. Any person who shall erect, construct, locate, pLacs, 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 etch and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon c.inviotian of any such violattoits such person shall be punished within the 'limits above, PACE 24 S1jCT10N X. That if any seotioa, subsection, paragraph, $w one$$ alausa, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such rt,aaining portions despite any such invalidity. SECTION XI. All ordiaaaoet or parts of ordiaan4es is force whoa the pro- visions of this drdlnaaoe become effective which are iaconsistant or in conflict with the teru or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION XII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Reoord•Chronials, the official newspaper of the City of Denton, Texas, within tea (10) days of the date of Ito passage. PASSED AND APPROVED this the day of , 1984. CITY OF DENTON, TEXAS ATTEST: MILOTTL , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J.; TAYLOR JR. TCITY ATtORNEY CITY OF DENT&I W9 BY; PAGE 2S p:' x,'00 itt ~r~retta~tivq of •C. J. TAYLOR, JR0 WHEREAS, C. J. Taylor, Jr. was the City Attorney of the City of Denton from November 11, 1.979 until his untimely demise July 13, 19841 and WHEREAS, C. J. Taylor, Jr. served on active duty In the United States Naval Reserve from July 24, 1942 to December 5, 1945, as a radioman aboard the US$ Arkansas and the USS Capps) and WHEREAS, Co J. Taylor, Jr „ earned his Doctor of Jurisprudence Degree from the University of Missouri At Kansas City in 195? and was admittea to practice before the Supreme Court of Texas) the Supreme Court of the United States) U. S. Court of Appeals, N fth Circuit) N, S. District Courts for the Northern, southern, Eastern and Western Districts of Texasl and WHEREAS, C. J, Taylor, Jr, enjoyed a distinge)ished reputation in the field of governmental law, having served as Assistant Attorney General for the State ol° Texas, Assistant City Attorney for the cities of Corpus Christi and Austin, City Attorney for the cities of Trvilg and Amarillo, President of the Texas City Attorneys Association In 1970, having authored the respected and widely-uasd publication taw and Procedures for Cities, Towns and Villages in Texas and having leotueRd at numerous seminars throughout the state of Texas on various aspects of the law) and WHEREAS, C. J. Taylor, Jr, was a member of the State Ear of Texas) Texas City Attorneys Assoclation) Denton County Bar Association) North Texas Bar Association) and Phi Alpha Delta Law Fraternity and WHEREAS, C. J. Taylor, Jr, served his community above and beyond the more efficient discharge of his duties in promoting the welfare and prosperity of the citizens of Denton, and earned the full respect and admiration of his colleagues and associates) NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTOH, TEXAS, That the sincere and warm appreciation of C. J, Taylor, Jr. felt by the citizens and officers of the City of Denton, Texas, causes this Resolution to be formally transcribed into tha official minutes of the city of Denton, Texas, dedicated to the rememberaace of the •Honorable C. J, Taylor, Jr.•. PASSED AND APPROVED this the 18th day of December, 1984. 1 i RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS f ' t ATTES CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM, nAW t catty Counotl minutes September 194 1904 The Council oonvened into the Mork Session at 12100 noon in the Training Roar of the service center. MEMBERS PRESLNTi Mayor Stewart; Mayor Pro Tom Chewl Council Members Alford, Hopkins, McAdams, Riddlesperger and Stephens city manager MEMBERS ABSENTS None The Council held a work session on the proposed 1984-85 budget. The council convened into the Joint Work Seaelon with the Historic Landmark Commission at 5130 p.m, in the Civil Defense Room of the Municipal Building. COUNCIL MEMBERS PRESENT; Mayor Stewartl Mayor Pro Tom Chewl Council Members Alford, Hopkins, McAdams, Riddlesperger and Stephens City Manager, Acting City Attorney and City Secretary COUNCIL MIMMBRIAS ABSINTS None HLC MRMHKRS PRESENT. Mary Hardin, Chairperson; Bullitt Lowry, Randall Boyd, Sam Marino, Tom Mill4r and Sam Kingsbury HLC MEMBERS ABSENT; Sandy Matthews, Michael Lawrence 1. The 0ouncil held a discussion of the criteria for historic landmark designations. Council Member Riddlesperger stated that he believed this designa- tion was important but a distinction should be made betweaa the house and the resident. A house which had been added on to the front and the back did not do for him what he thought a historic landmark should even if the house had been owned by a prominent or famous Denton family, Bullitt Lowry, member of the Historic Landmark Commission, responded that this was a judgement call; how famous was famous. The prosent criteria used by the commission allowed for historic designation to homes owned by prominent families. Council Member Hopkins suggested that an expansion on the present criteria for designation would be pertinent to the discussion. Randall Boyd, member of the Historic Landmark Commission, stated that the commission did take into consideration the people who had lived in the houses, The contribution that the person had made to the history of Denton was reviewed as a part of the decision process. Mayor Stewart stated that it was his opinion that the historical or fame value of a hoarse or family should be measured by whether or not someone from outside the city would come to Denton to see the home. Boyd responded that designating the home as historic should not only be done to bring in tourists but to preserve the history of Denton. City Counoit Minutes M#4tin9 of September la; 1944 Page Two council Member Riddlesperget stated that there were so many houses that would fit the present criteria, he questioned the motive of the owner in requesting the historic zoninq claesificatlon, Boyd replied that there were many homes in Denton which should be designated as landmarks, However, the commission did not seek j applications for the zoning; the petitioners came to them, Council Member Riddlesperger stated that if the commission meNbere. knew of houses in Denton that should have the historic landmark designation, perhaps the commission could speak with the owners and show them the advantages of this zoning, it was not, of coutse, the intention of the commission or the council to influence landowners on their deoision to apply or not to apply for the designation. Bullitt Lowry reported that the commission was working on a preservation plan with the downtown merchants, The commission saw the square as an historioal district. The City had applied tot a Main Street grant but did not receive funding as the population for Denton was too great, The grant would have paid one-half the salary for a Main Street Coordinator, The commission would be recommending to the Council to proceed with hiring A Main street Coordinator even though the City would be responsible for the entire salary, I Tom Miller, member of the'Histocic Landmark Commission, asked Cot olarifiaation on the commission approaching landowners regarding petitioning for the designation. Mr, Miller expressed the- oonaetn. that the commission ritght recruit petitions for the designation and the Council might deny the zoning. He felt this would place the commission in an awkward position. Council Member Hopkins stated that the Council would look at only the property and not what was adjacent to the property ov who owned the property, The Council then convened into the Executive Session to discuss legal matteta, real estate, personnel, and board appointments, No official action was taken. The rounoll convened into the Regular Meeting at 700 p.m, in the council chambers, MEMBERS PRESENT: Mayor Stewart; Mayor Pro Tom Chew, Council Members Alford, Hopkins, McAdams, Riddlesperget and Stephens City Manager, Acting City Attorney and City Secrotaty MEMBERS ABSENT: None 11 The Council considered approval of the Minutes of the Regular Meeting of June 19, 1984 and the Special Callod Meeting of June 26, 1984. Stephens motion, McAdams second to approve the Minutes as presented. Motion carried unanimously. 2. Consent Agenda Riddlesperger motion, Stephens second to approve the Consent Agenda as presented, Motion carried unanimously. 2. consent Agenda! A. Bids and Purchase Orders, 1. Bid a 9323 - Long Tet% Disability insurance coverage I i gaty council linut4s M4atO9 of September 18, 1904 Pa9• Throe 2, Hid 0 9330 - Carpeting for Parke and Recreation 3, Bid M 9333 Pad mount switohgear 4, Bid M 9335 - Painting at Recreation Centers/ Municipal Building 5. Bid 0 9337 - Install fans at Library 6. Bid 8 9338 - Wire and cable 7. Hid M 9340 - Mobile hydraulic hammer 8, Purchase Order M 64795 to Wang Laboratories In the amount of $3,792,00 9. Purchase Order 0 64973 to Hone Engineers in the amount of $23,765.00 10, Purchase Order M 63465-A to Marley Cooling Tower in the amount of $11,500,00 11, Purchase Order R 65059 to Advanced Control System in the amount of $68,430,00 B, plate, Replats and site Plansi 1. Appproval of the preliminary plat of the Ali Al-Khaf&JI Addition, (The Planning and Zoning commission recommends approval,) 2. Approval of the site plan of the Carpet Max Addition. (The Planning and Zoning Commission recommends approval,) 3. Approval of the site plan of the proposed Autostopp Building, (The Planning and Zoning Commission recommends approval.) 4. Approval of the preliminary plat of Coopec e banding, section it. (The Planning and Zoning Commission recommends approval,) 5. Approval of the preliminary plat of the English Village Addition, (The Planning and Zoning Commission recommends approval,) 6. Approval of the preliminary plat of the 1-35W Addition. (The Planning and Zoning Commission recommends approval,) 7. Approval of the preliminary plat of the Meadow Ridge Addition, (The Planning and 'toning Commission recommends approval,) 8. Approval of the preliminary replat of Solar Way Addition, Section I & It, (The Planning and Zoning Commission recommends approval,) 9. Approval of the preliminary replat of the auy Laney Addition, (The Planning and zoning commission recommends approval,) C. Contracts: 1. Approval of youth sports contracts for the Parks and Recreation Department, (The Parks and Recreation Board recommends approval,) city council ktnutee Keettnp of September 16, 1964 Page lour 2. Apyroval of persona; ssrvicee contracts with Rhonda, 061tie, Totip14 tnstructor, and Betty Noreteud, Aerobics Instructor. The Mayor presented a Proclamation for Constitution week on September 17 through 23, 1964, The proclamation was accepted by Me. Nina Macklin representing the Bsn)amin Lyon Chapter of the Daughters of the American Revolution. 3. The council considered approval of the final replat of Township It, Phase ti (San Jacinto plaza Shopping Center). (The Planning and Zoning commission reoommends approval.) Denise Spivey, Development Review Planner, reported that this was a 12.1 acre tract between San Jacinto Boulevard, Piney Crook Boulevard, Township It Phase I and t-359 service road and was currently zoned planned development tot commercial land use, The site plan and preliminary replat were approved by Council on Auqust 70 The reopening of Piney Creek as a public road was approved In conjunction with the approved amendment to the planned development. staff had been under the Impression that Piney Creek Boulevard was 30 to 31 feet Wide. It had subsequently been learned that the street was currently only 24 feet wide, The Council recommendation had been to leave the street as it ouCrently existed, The ppotitionec, Henry S. Killer, had a proposal they wished to ptosent in light of the new information regarding the actual width of Piney Creek, The petitioners, at their own expense, were coquetting to move the current otrest to another location, rebuild the street,' put in a new water line. They would maintain the street as a public access easement into the new area at Township It. Many factors were considered by the killer Company prior to making the request. One fdctor was that the current street wag only 24 feet wide and they believe moving the street would allow for a better alignment with the entrance and. exits for the mall as well as allowing for a better situation for the utilities, Council Member Stephens asked it this new information had been found after the Planning and zoning Commission had met on this petition. Spivey responded yes, Council Member Stephens asked if there were major changes to the final replat which should be referred back to the Planning and Zoning Commission, Stephens asked the City Attorney if the design which had been approved were being changed, should the replat be referred back to P&2, Joe Morrie, Acting City Attorney, asked it this was a planned development. Spivey responded yes. Morris reported that, as the petition was a planned development, the changes on the replat did not have to go back to P&7., Council Member Stephens asked, if the street were moved, how much more land would this give the petitiocler on which to build. Spivey replied that if Panay Creak Boulevard were moved 25 feet to the north, It would allow for more development land, would allow for better traffic patterns, and would line up more with the entrance to the mall. Morris asked, as this was the final replat, if the site plan been approved. Spivey responded yes. Morris stated that the site plan would have to be changed. city Council Minutes lNatinq of September 18, 1484 Page F ve Counoit M*Nbar McAdams asked it the drawing which had been provided of Piney Creek wag the existing location or the propesed relocation, Sptvey responded that the overhead projection K,q was what the petitioners were proposing. They were proposing to supply a 40 cost public access center line veto moved easement 25 Whets feet to n the north would he located if the Mayor Stewart asked it the relocation would line up with the existing street. Spivey responded yes, Mayor Stewart then asked it this had not been the original complaint from the residents of Township It, 8ppivoy responded the realigned street would only extend to the oluater housing portion of the new Storet development, Council Member Mogdams asked it moving the center line 25 feet would line up the street with the Storer development, Spivey responded yAs; the relocation would provide access into the Storer subdivision, Hopkins aotion, Afford second to approve the final replat of Township I(, Phase It with the requested change for public 'access. Spivey reported that the staff only wanted to make ,the Council aware of the existing 24 feet width of Piney Creek Boulevard and Uad no recommendation, Henry S. Miller Company was proposing to have Piney Creek for public access. Assistant City Manager Rick Svohla stated that staff was recommending the portion of street in the Storer subdivision be a private street as it would not meet City standards. Council Member McAdams asked if the city was being asked to abandon the existing Piney Creek Boulevard, Joe Morris, Acting City Attorney, asked if the dedicated pottton of Piney Creek was shown on the plat. Once dedicated, the City Council had to abandon that portion. The petitioner had no control of the street, There was 50 feet of right-of-way and the pavement was 24 feet, The council could approve the request and then abandon the easement, Council Member Riddlesperger asked if the developer owned the land on both sides of the street and would they dedicate the public access easement to the City, Assistant City Manager Rick Svehla reported that Henry S. Miller had stated that they would maintain the attest. Morris stated that the City could not control the street if it was abandoned, Council Member Hopkins withdrew the motion, Tom Moser, representing Henry S. Millar, stated that Piney Creek Boulevard only had 50 foot of right-of~way dedicated, not 100 feet. Henry S. Miller was proposing that Piney Creek be abandoned and the company would then dedicate right-of-way and easements for utilities. The surest would remain open forever and Henry S. Miller Company would matntain it, view motion to table the item tot one week, due to the confusion. Motion died for lack of a second. CityY Council minutes mootingp of September lb, 1904 page $ix Kgsec that stated that his firm would ptofav that the Council approve the original plat rather than to table the item as they needed to get the proyeot movinq. 84ophans motion, Chow second to approve the plat with the existing Piney Creek Boulevard as presented on the agenda, Motion carried unaniimously, 41 The Council considered adoption of an ordinance and service plan annexing a tract of land consisting of approximately 11.2 acres of land located north if I-35E and southeast of Mayhill Road. A--k Denise Spiray, Development Review Planner, reported that this was th&P final action on this annexation. The owner was requesting voluntary annexation. Light industrial and commercial zoning would be requested. The following ordinance was presented% 84-115 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIQUOUS AND ADJACENT TO THE CITY OF DMNTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL, OF LAND CONSISTING OF APPROXIMATELY 11.2 ACRES OF LAND LYINO AND BI1VO 4ITUATE0 IN THE COUNTY OF DENTON, STATE of TEXAS AND BEING PART OF THE M.E.P. & P,it.a COMPANY SURVV. A09TRACT NO, 960 AND THE O, WALKER SuEVEY, ABSTRACT No. 1330, DENTON COUNTY, TEXAS: CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN AFFECTIVE DATE. Stephens motion, Chew second to adopt the ordinance. On roll call vote, MoAdame 11aye,11 Hopkins "aye," Stephens aye," Alford "ays,11 Riddlesperger 114ye," Chew "aye," and Mayor Stewart "aye.,, Motion carried unanimously. 51 Public Heatinge A. The Council held a public hearing on the petition of Robert J. Button requesting a change in zoning from the general retail (GR) and agricultural (A) classifications to the commercial (C) and light industrial (LI) classifications on an 18,2 acre tract at the northeast corner of I-35E and Mayhill Road. If approved, the proposed development would have 13,7 acres of commercial zoning and 4,5 acres of light industrial zoning, z-1669 The Mayor opened the public hearing, Mr, R, J. Button, the owner, spoke in favor stating that the Surrounding property was currently zoned light Industrial or commercial. To the north of the property was the railroad track, to the east was Andrew Corporation. Several easements adversely affected the property for apartment development. There were Texas Power and Light and sewer easements on the property, A 12 Inch water main with easements was in place on Mayhill Road and an 8 inch water main on 1.35. A petition had been before the City Council on June 8 to have the area designated as an eligible blighted area. Button was proposing to build a hotel on I-35 and a mini-aaLl on Mayhill at I-35, Mr. Button Showed a slide presentation of the property and concluded by stating that the area had already dictated what it should be. Mr. Curt Simmons, representing Andrew Corporation, spoke in opposition stating that his corporation did not oppose the zoning but asked the Council to consider the current water supply to Andrew. Another concern was drainage, Water now drained through this IS cores and if the land were developed, retention ponds would be headed, It the 'flow fate was not properly handled it would cause problems for Andrew Corporation, city council Minutes Meetinq of September le, 1904 Page Seven Mayor Stewart stated that the developer would have to take care of any drainage problems, The Mayor closed the public hearing. Denies Spivey, Development Review. Planner, reported that 8 reply forms had been mailed with 2 returned in favor, 0 returood in OP osition, and I returned undecided, The site was located in a moderate intensityy center, The commercial and light industrial zoning would provide the potential for jobs and the land uue was reasonable, The requesting commercial zoning abutted with other commercial zoning and the tract was In olcee proximity to the mall. Mayor Stewart asked if the tract was close to the proposed extension of the loop; was it out of the new loop corridor, 0 My Manager Chris Hartung responded that he believed the loop would follow 1-3$ and Mayhill Road. The 'proposed development was approximately 200 feet away, 1, The Council considered adoption of an ordinance approvinq a change in zoning from the general retail (GR) and agricultural (A) 'classifications to the commercial (C) and light industrial (LI) olassifications on an 18.2 acre tract at the northeast corner of 1-35E and Mayhill Road. The following ordinance was pr'esonteds NO. 84-116 AN ORDINANCE AMENDING THE. ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THP CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO 18,2 ACRES OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 050 AND GIDEON WALKER SURVEY, ABSTRACT NO, 1330, DENTON COUNTY, TEXAS AND LOCATED AT THE NORTHEAST CORNER OF I-35F AID MAYHtLL ROAD; TO PROVIDE FOR A CHANGE IN 7,ONINO CLASSIFICATION AND USE DESIGNATION FROM GENERAL RETAIL "GR" AND AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO COMMERCIAL "C" AND LIGHT INDUSTRIAL "LI" CLASSIFICATION AND USE FOR SAID PROPERTY; AND DECLARING AN EFFECTIVE DATE. Stephens motion, McAdams second to adopt the ordinance. On toll call vote, McAdams "aye," Hopkicts "aye," Stephens "aye," Alford "aye," Riddlesperger ,aye," Chew "aye," and Mayor Stewart 'layo," Motion carried unanimously. B. The Council held a public heating on the petition of Ed Wotski reelueating a ehanye in zoning from the agricultural (A) classification to the light industrial (LI) classification on a 130,6 acre tract locaLed at the southeast cotnet of Jim Christal Road and Masch Branch Road. Z-1665. The Mayor opened the public heating. Mr. Larry Frank, representing the petitioner, spoke in favor stating that this tract was located in an industrial park area as 14 was near Brik-Pak, Peterbilt, and Victor Equipment, The tract would not be developed tot residential use, A 16 inch water line' was in play on the southern portion of the property and the sewer line was also in, Street improvements would be made and utilities would be extended. An easement for the utilities would be dedicated, Mayor Stewart asked if the petitioner would develop this ptopE11"7 himself. Frank responded this would be a j'bint ventuts, city council Minuteu Meetingq of SeptQMbar 18, 1984 page iSlght Mayor 8tuwart asked it apartments would be built under the light Industrial zoninj classification. Frank responded theta would be no residential land uue in the area; no dwelling; would be constructed. Council Member Hopkins asked the City Attorney to addrees the Issue of light Industrial urea at the airport. Acting City Attorney Joe Morrie retorted that in 1963 the state had amended the airport zoning regular one to allow cities to establish zoning regulations for airport uses and to specify inhabitable land use area, if cities chose to do this, they could create Airport zoning commissions. The regulations did not have to allow foi cumulative type zoning. Council Member Hopkins asked Mr, Frank why the petitioner had not requested planned development zoning. Frank responded they had requested light industrial zorninq due to the employment based land use. Council Member Hopkins stated that the developer could put in housing and the city could not do anything about it. Frank replied that the petitioner would be glad to draw up any documents required stating that no housing would be constructed. Council Member Hopkins stated that would not be binding. eounoil Mvmbar Stephens stated that he believed the Council would feel more comfortable with planned development zoning. Frank responded that his client had proceeded with the request for li tit Industrial zoning based on that recommendation Zrom staff. Council Member Stephens stated that the Planning and Zoning Commission minutes referred to preferring this petition as a planned development. Council Member McAdams asked Mr. Frank if the owner would be willing to be zoned planned development for '.fight industrial use. Frank replied that he would have to speak with the owner. Council Member McAdams then asked if the Council could act on this petition at this meeting. Acting City Attorney Joe Morris reported that the Council did not have a planned development ordinance or site plan before them. Council Member Jr,a Alford stated that it did not seem fair to penalize the petitioner as they were acting on a recommendation from staff. Council Member Hopkins asked it it was appropriate to refer the petition back to the planning and Zoning Commission at their next meeting to be considered as a planned development and to waive additional fees. Council Member Stephens stated that off-atte +mprovemenL3 should be considered for Jim Christal Road. Frank responded that the Razor family owned all of the property from the parcel to 145. To ask his client to improve the i-stire length of Jim Cheistal Road was unfair. The Razor's should be required to pay when they petitioned for rezoning. vit Council Minutes mot Ln4 of eeptember 18, 1981 Page N no Mayor OteWart asked the City Attorney It the Council should continue the publio hearing. Morris responded that was at the discretion of the Council, Prank asked the City Attorney it the zoning could be granted and the owner deed restrict the property to light industrial uses. Morrie responded yes, but the City could not enforce deed restrictions, Mr, Sohn Davis spoke in favor of the petition stating that he was a property owner in the area, The Mayor then oanoelled the remainder of the public hearing, Hopkins motion, Alford second to rotor the petition back to the Ptanning and Zoning Commission to allow the owner to request planned development zoning and to waive the fee, Motion carried unanimously, C. The Council held a public hearing on the petition of Weston Homes, Inc, requesting a change in zoning from the agricultural, (A) classification to the planned developmen,4 (PD) classification on a 15,8 acre tract located on trim south side of Audra Lane approximately i,060 feet west of Loop 28a, It approved the planned development would permit the following land uses; 8,0 acres of single family detached land use minimum lot size of 6,000 square feet with a density of 5,4 units per acre 3.9 acres of dupplex or two family land use 42 units with a density of 10.7 units per acre 3.9 acres of multi-family land use with a density of 20 unite per acre ]6U The Mai,or opened the public hearing, Mr, Charles Watkins, rields, Edwards and Asoociates, spoke in favor of the petition stating that his company represented woet(in Homes. His client was petitioning for planned development and presented photographs of the type of single family dwelling which would be constructed on the tract. The single family homse would ba in the $50,000 to $60,000 price range and tha duplexes in the ti)5,0oo to $90,000 range, No one spoke in opposition, The Mayor closed the public hearing, Denise Spivey, Development Review Planner, reported that to reply forme had been mailed with 0 returned, One telephone call had been received from titaff opposing the petition, The tract was located in an area which was designated as low intensity and was a mixed residential planned development, It does not violate the area intensity/density standard. The proposed transition from the high intensity and high density zoning on the adjacent tract to tho eadt, to the single family area on this request along the west border appeared to staff to be reasonable, Approximately 254 potential multi-family units were approved in the adjacent PD-27. Approximately70 multifamily were requested in this proposal, The Denton Development Guide had previously listed the recommended multi-family donoentrations in one continuous low intensity cluster at from 200 to 500 unite, The rovised Guide recommended the concentration' now be limited to 200 units, Approximately 21 two-family tots were proposed with 42 unite, as well as approximately; 51 single family detached lots. These single tautly lots were 6,000 square feet in size and the overall proposed density was iii the neighborhood of 10 units per`aore. A hocdeshoo shaped City Council Minutes Meeting of September 18, 1954 Page Ten intstnal public street with 60 feet of proposed eight-of-way on Audra oo ne was presented on the zoning concept plan, Audra Lane was an upimpcoved road designated as a . collector street on the thoroughfare plan and 60 feet of right-of-way was required. If approved, the developer would be responsible for all internal road improvements, as well as tw ovements to one-half of Audra Lane for a distance of approximately 611 feet. Additional off-site road improvements could be imposed when planned development zoning was requested. Former Denton Development auids policies required access by a collector street or larger to multi-family areas In low intenetty areas. The revised Gutde policies specified that high densityy housing have access by ssoondary arterial or greater in low inteneity areas, The P&z had reoommended approval with 4 conditions. 11 The Council considered adoption of an ordlnanci appproVinn a change in zoning from the agricultural (A) alaesifioation to the planned development. (PD) classification on a 15,5 sore traot located on the south side of Audra Lan•) approximately 1,050 feet west of Loop 288. The following ordinance was presentsdi NO, 84-117 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1 AND AS SAID MAP APPLIES TO 15.8 ACRES OF LAND LOCATED ON THE SOUTH BIDE OF AUDRA LANI. APPROXIMATELY 1,050 FEET WEST OF LOOP 288, AND IS MORE PARTICULARLY DESCRtBRD HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" CLASSIFICATION AND USE DESIGNATIONI AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Chew 'second to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission, On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger Faye," Chew "aye," and Mayor Stewart "aye," Motion carried unanimously, 6. ordinances A. The Council considered adoption of an ordinance approving the proposed 1984-85 fiscal year budget, City Manager Chris Hartung reported that the otty chartsr provided that the Council must approve the appropriations ordinance no lose than 10 days prior to the end of the (kcal year. The Council had presented to them a budget which provided for continuing operations of the City of Denton with no tax increase with tho exceptinn of a proposed additional 2d levy for the purposes of inoreaetog the Street Department operating budget. The ordinance before the Council had been prepared after the budget session earlier in the day and incorporated the changes which council had directed. John MoGrans, Director of Finance, reported that the ordinance presented had incorporated the requested changes, The front page of the ordinance incorporated $216,000 in revenues which represented a 5% increase in sales tax. It also incorporated in the aenecai,Fund public works area an increase of $216,000 on the expenditure side, Also incorporated in the contributions to other agencies was $250,000 for Flow Hospital. Under the Miscsilanaous category, a teanposition in numbers had oocucred, The number should be $1,240,215, The budget was not In balance, The taxes should either be increased or deoreuss the line Items to offset the $250,000 for Flow. CityY aounati Minutep Meeting of September 18, 1984 Page Rleven Mayor Uo'!art asked staff to come back with a recommendation. Hartung asked direction from the Council on a target number.. The council had discussed three different numbers, Council Member Riddlesperger asked if the Council had to approve agenda item S, the tax levy ordinance, before they could approve the budget. Council Member McAdams stated that the Council should at least have in mind what they were willing to approve, Council Member Stephens asked the Finance Director to review the changes. MoGrans reported that under Section 2 (Revenues) the General Fund revenues was increased by $216,000 due to the sales tax increase, On page 2 (Expenditures) under General Fund public works, there was an increase of $216,000, Previous amendments to the budget to the area of the Library, Word Processing Center, and Public Works Department had been nootporated, Revenues had also been increased according to the new assessed evalutkon and the interest incomewhich had been received from the Appraisal Tax District, Tits following ordinance was presented) NO. 84-118 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TP.XAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1984, AND ENDING ON SEPTEMBER 30, 19851 AND DECLARING AN EFFECTIVE DATE. Rlddlospoeger motion, Chew second to approve the budget as submitted with the ohangos. Mcarane reporter; that it would require going over the $9,75% tax levy and would be submitted to referendum. If the Council approved a tax rate of 580, the remainder of the budget would have to be adjusted by $250,000, If the Counoil approved a tax rate of 59,750, the remainder of the budget would have to be adjusted by $57,500, council Member Riddlesperger stated that it appeared that the Council should approve the lax levy prior to adoption of the budget. His motion would have tCi include an adjustment of $57,500 with the City Manager being given the power to make the adjustment. Riddlesperger motion, Alford second to amend the motion to approve the tax levy at 59.750 with the instruction to the city manager to adjust the expenditures by subtracting $57,500 where he thought bast, Council Membet Riddlesperget stated that the Council would be looking at the budget through the year, They should let the people of the city of Denton know that the Council was putting 20 in for streets, and approximately 20 in for the hospital, The budget and the tax levy should be adopted with one motion, Stephene motion to amend the motion to approve the budget with the present 560 tax rate. Mayor Pro Tom Chew stated that the Council still had to have $250,000 for Flow Hospital. Motion died for tack of a second. Joe Morris, Acting City Attorney, reported that the ordinance adopting the budget and the ordinance approving the tax levy had to be considered separately, city council Minutes Meeting of September 10, 1984 Page Twelve Colin oil~PMember Riddlesporger stated that the Council could not do anything with the budget until the tax rate was Coto Hopkins motion, Chew seaond to amend the motion to adopt a budget that would limit the tax increase to 20, staff be directed to postpone funds and to hold additional budget hearings in February to review projects whtoh had been delayed. Mayor Pro Tem Chew stated that this would include funds for Flow Hospital. Morris reporta4 that this would be a problem, h particular appropriation could be completely deleted trom this budget prior to paesagel however, there was a charter provision that the budget could not be amended at a future date unless there was a public emergency, an event which could not be foreseen, The budget was meant to set the approptlationa tar the entire year. It the Council wpte to decide that it did not want to fund all of a particular year, funding could be provided for one-half year, Hopkins motion, Chew second to amend the motion so that $250,000 be deleted from the construction and cenovatton in the West Wing, Phase 11 project. Council Member Riddlesperger asked it the purpose of Council Member Hopkins's amendment was to eliminate 1.750 of the tax and the $250,000 would include that difference. Council Member Hopkins responded yes, Morrie suggested that the Council instruct the Finance Dicectot to make the changes and the Legal Department would prepare an ordinance to insure that there was no misunderstanding on the figures thAt were being voted on. A motion could bt made to amend the budget ordinance as presented and the ordinance would be prepared And submitted for approval later in the agenda, Council Member Hopkins asked, if the Council could not defer projects, what would happen if funds were encumbered and transferred at a later date. John Madrane reported that the appropriation did not encumber the funds► it simply made the budget allocation foe projects. For example, in the sales tax increaoe for the street projects, the staff would appropriate that money but would not encumber the funds until the time the staff felt comfortable that the revenue was to fact coming to the City. Mayor Stewart stated that the transfer would have to be for an emergency. Morris stated that the charter provision regarding emergencies was also contained in state law, The intent wag to restrict Councils from coming back several times during the yeac and going through the entire budget procedure, A vote was taken on Council Member Hopkins's amendment. On roll call Vote, MoAdams "nay," Hopkins "aye," Stephens "n0.," Alford "nay," Riddlespecger "nay," Chew naye," and Mayor Stewart 11nay.!, Motion failed 5 to 2 with Council Members McAdams, Stephens, Alford, Riddlesperger and Mayor Stewart casting the nay votes. Council Member Riddleapergee stated that his original motion was trying to have the Council face up to problem areas. Problems were arising in the voting process but he believed the Council needed to face up to their responsibilities, MeaY council ktnutes Meeting of September le, 1984 Page Thirteen A vote was taken on Council Membet Rt"16eper9e " motion' on toll call vote, Molidams "aye," Hopkins "nay," Stephens "nay," Alford Rtddlaepecgec "aver" Chew "nay," and Mayor Stewart "nsy," Motion tailed 4 to 3 with Council Members Hopkins, Stephens, Chew and Mayor Stewart casting the nay votes. Council Member Rtddlesparger stated that it was obvious there would have to be oompcomises. Mayor Pro Tom Chew stated that he would support a 20 tax increase which he felt would fund 'Flow Hospital and do other projects also. The additional 1250,000 could be found to make up the diffscenoe in the budget if the council delayed or postponed Phase and the addition of the West Wing. Chew motion, Riddlespetger second to raise the tax base to Sao per $100 evaluation with Flow and staff directed to out as appropriate, Council Member McAdams stated that since the council was determined to give 1250,000 to Plow and had earmarked the entire 20 tax ! increase to streets, they really were talking about getting 1250,000 plus any inaceasea in these items with these funds, tf the public reaLl did support Flow.Hospital, they would be willing to pay the additional taxes, She did not like the prospect of citizens either receiving the services which they had become accustomed to or having Flow. A 1,750 increase would not cover the 1250,0001 157,500 would still have to be foun3 in the budget. The renovations to the West Wing- had been plannei for and she felt the project should be funded, The public had voted no to adding a second story but had not said no to the city trying to utilize the space which it had. nhe wag in favor of a 3.750 tax increase, Mayor Pro Tom Chew stated that expandicuree during the last budget year had exceeded the amount appropriated by the bonds for the renovations to city Hall. City Manager Chris ltactung made a clarification comment regarding the renovation project, Since the addition to the West Wing of the building involved pcinoipaLly the Customer Service Diviaion, the 1110,000 in the budget was basically oatried by the Utility Fund. If eliminated, it would not help the oeneral fund as it was in the utility transfer, Staff felt that all of the recommendations in the j budget were needed and required, In an attempt to comptomise, there was funding in the utility Fund for the mapping system In addition to the funds in the General Fund, Staff would propose to delete tho $1000000 from the General Project Fund for the mapping program with the understanding that the project would proceed with the money available from the Utility Fund this year to begin the mapping, This would be resubmitted next year to fund the General Fund portion of the mapping program. Also, funds for street improvements ace being increased approximately 1432,000 over the current level. A 10% reduction could be made from this project and staff would then recommend a 590 tax rate. John MCOrdns reported that the specific change to the ordinance would be to reduce the Revenues on the General Project Fund by 1100,000 which would make It 1512,580; on the n,econd page under Expenditures, the General Fund public works would be reduced by $40,000 which would make It 13,289,4591 and reduce the Genetal Fund Miscellaneous to 1,440,235, Total expenditures would now be $96,805,165. McAdams motion, Riddlesperger second to approve the budget with the changes as specified by the Finance Director, On toll call vote, McAdams ,aye," Hopkins "aye," Stephens 11 nay, 11 Alfotd „aye. u Riddleeperger "aye," Chow "aye," and Mayor. Stewart "nay," Motion canted 5 to. 2 With council Member Stephens and Mayor Stewart casting the nay votes, city Coutlaii Minutes bMeetinq of Soptember 10, I904 Page Fourteen B, The council considered adoption of an ordinance approving the proposed 1984-e5 fiscal year tax tats levy. John Modrdne, Director of Finance, reported that in conjunction with the budget appropriation ordinance which had been approved, the tax rate would be set at 590 per $100 evaluation. The following ordinance was preeentedt NO, 84-119 AN ORDINANCE LEVYtNQ THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAO, FOR THE YEAR 1984, AT THE RATE OF $,59 PER $100.00 ASSESSED EVALUATION ON ht,~ TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY JANUARY 1, 1954, NOT EXEMPT BY LAW) PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS) PROVtntNO FOR LIMt TCD EXEMPTIONS OF CERTAIN HOMESTEADS! PROVIDING FOR ENFORCEMENT OF COLLECTIONS) PROVIDING FOR A SEVERABILITY CLAUSEI AND PROVIDING AN EFFECTIVE DATE, McAdams motion, Riddlesperger second to adopt the ordinance. On roll call Vote, McAdams "aye,', Hopkins "aye," Stephens "nay," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "nay,,, Motion carried 5 to 2 with Council Member Stephens and Mayor Stewart casting the nay votes, C. The Council considered adoption of an ordinance increasing the residential solid waste collection fee, Assistant city Manager Rick Svehla reported that this ordinance was requesting the residential solid waste collection fee be increased from $6,75 per month to $8.00 and was based on revenues approved In the new fiscal year budget, The following ordinance was presented! NO. 84120 AN ORDINA14OF. AMENDING CHAPTER 12, ARTICLE It, SECTION 12-19(b) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO RESIDENTIAL SANITATION RATES, REPEALING AF,L ORDINANCES IN CONFLICT; AND DECLARING AN EFFECTIVE DATE, Chew motion, McAdams second to adopt the ordinance, On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford ,aye,,, Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously, D. The Council considered adoption of an ordinance transferring unencumbered appropriation balances between funds, City Manager Chris Hartung reported that this was a routine and of fiscal year clean up item, The following ordinance was presented: NO. 84-121 AN ORDINANCE AMENDING THE 1983-84 BUDGET OF THE CITY OF DENTON, TEXAS BY INCREASING THE GENERAL PROJF,CT FUND ACCOUNT BY THE SUM OF THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500); AND DECLARING AN EFFECTIVE DATE, McAdams motion, Alford second to adopt the ordinance. on roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye ,'1 Word 1'ay,' " Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Moti#.In carried unanimously, Qit Counoil Minutes Mee inqq at dsptember 18, 1404 Page P ftean E, The Cou„all considered adoption of an ordinance regarding 1269M which would allow assignment pay to be paid to training officers in the Police Department. Kathryn Usrey, Director of personnel, reported this would authorize the city to pay assignment pay of $60.00 to officers who train other police offiast s. The following ordinance was presentedf NO. 84-122 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR P041CE OFFICERS ASSIGNED TO THE FIELD TRAINING OFFICERS PROGRAM IN THE CITY OF DENTON POLICE DEPARTMENTI 61=tNO FORTH THE AMOUNT OF ASSIGNMENT NAY AND THE CONDITIONS UNDER WHICH IT IS PAYABLE] AND DECLARINO AN EFFECTIVE DATE, Stephens motion, McAdams second to adopt the ordinance. On roll ball vote, McAdams "aye," Hopkins ,aye," Stephens "aye," Alford "aye,,, Riddlesperger "aya," Chew "aye," and Mayor Ctewart ,aye." Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution to amend the personnel policies cotoOrning m6dibal examinations, overtime, compensatory time, holidays, vacation/bonus time, doath- in-the-family leave, Kathryn Usrey, Director of Personnel, reported that it had been discovered that one of the policies included lit the resolution on the agetilda needed further discussion. Usrey then distributed copies of the revised resolution which excluded the vacation/bonus time policy. The changes which were proposed to th~~ policies, with one exception, were predominatly for clarification, The resolution dealt with 5 of the 4 policies which had already been approved. During training with supervisors, areas which needed more clarification were found. The one policy which included a change was the holiday policy, The vaoatton/bonus time policy would come before Council at a later date. The following resolution was presented; RE B0iLNT I0N WHEREAS, the Director of the Personnel/Employoe Relations Department for the City of. Denton has presented proposed policies regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policies as official policies regarding employment with the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE C1TY OF DENTON, TEXAS, THAT: SECTION 1. The following polict6s, attached hereto and made a part hereof, are hereby adopted as official policies of the City of Denton, Texas: Medical Examinations (Reference No, 102,10) overtime (Reference No. 106.04) Compensatory Time (Refetenae No. 106,05) Holidays (Reference No. 107.02) Death to the Family 06144 ence No. 111.06) catty Council Minutol Meetin4 of September 184 1994 page S xteen J SECTION I.I.. The foregoing policies are attached hereto and made a part hereof and S MI be filed in the official records with the City Secretary. SECTION IIIL The previous policies relating to Medical Examinations (Reference No. 102.10), overtime (Reference No. 106.04), compensatory Time (Re(erence No, 106.05)1 Holidays (Reference No. 107,02), and Death in the Family (Reference No. 111,06) adopted by Resolution of this Council On August 21, 1964 are hereby rescinded. S9CCTION IV, This Resolution shall be effective from and after its date of passage and approval. PASSED AND APPROVED this the 18th day of September, 1984. RICHARD 0, BTEWAKT, MAYOR CITY OF DENTON, TEXAS ATTESTi CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM! JOE D. MORRIS, ACTING CITY ATTORNRY CITY OF DENTON, TEXAS BYt McAdams motion, Hopkins second that the resolution be approved, on roll ball vote, McAdams "Aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlespetger "aye," Ch-,d "aye,n and Mayor Stewart "aye." Motion catriod unanimously. B. The Council considered approval of a resolution regarding 1269M which would allow the Fire Chief to appoint individuals to the position which ranks just below the chief. Kathryn Usrey, Director of Personnel, reported that there had been changes in the state statutes which would allow the Fire Chief to make an appointment to the Assistant Chief level. He may appoint only one position. Mayor Stewart stated that he had been appointed to, and had Served on, this committee and had travelled the state trying to got the legislation passed. He wished to be allowed to make the motion, The following resolution was presented; R E 8 0. L T I O N WHEREAS, more than four ranks exist below that of the position of Fire Chief in the City o! Denton Fire Department as classified positions under Article 12691,:, V.T.C,S.i and WHEREAS, on January 1, 1483, one person was serving in the permanent classification of Assistant Chief immediately below that of Firo Chief; and Ott council,Hidutes Mos~inl of September le, 1984 Palo Seventeen w(ARNA84 section 8A of -W tole 12691k, V,T,G,S „ as amended effeotive September 14 1993 authorizes tho chief of the Fire De artment to appoint one position to the classification immedi'at,ely below him to serve at his pleasure without Civil service protection it such authority is contacted by resolution of the City Councl11 and WHEREAS, it is determined to be in the beet interests of the City to confer such authority upon the Chief of the Fire Department[ NOW, THEREFORE, HE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: 94CTTION 1. That the chief of the Fire Department of the City of Denton, TeXae, be and to hereby authorized to appoint one person to the classification immediately below him when and if a vacancy occurs in such classification now extriting or as may be hereafter created by ordinance of the City Counol%, §.Fe.4"r[ON IL.L That such person appointed by the rite Chief pursuant to Section i hereof shall meet the minimum qualifications for such appointment as established by Artiole 1209%, V.T.C.S. and shall s4tvs at the pleasure of the Fire Chief without civil service protection, PASSED AND APPROVED this the 18th day of September, 1,-14, RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTFSTi CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM1 JOE D, MORRIS, ACTING CITY ATTORNFY CITY OF DENTON, TEXAS BY, - Stewart motion, McAdams second that the resolution be approved. Mayor Pro TOM Chew presided, Council Member Stephenil asked it this would address the issue of promotion by coming up through the ranks. City Manager Chris Hartung responded that the Issue was whethor or not the testing and eligibility list requiremanta would have to bo, used as in all other positions or whether a different type;.-- selection process could be used, which might include bringingj ~.L someone from outside the department. It would allow the ChieL to appoint an individual to a position just below him, Mayor, Pro To* Chew called for the vote. On roll call vote, McAdams "aye,,, Hopkins Haye," Stephens "nay,,, Alford "aye," Riddlesperger "aye," Chew "nay," and Mayor Stewart "aye,,, Motion carried 6 to 2 with Council Member Stephens and Mayor Pro Tam Chew casting the nay voter. City coanoil Ninutoo Meetih? of September 18, 1981 Page ghtesn C. The Council considered approval of A resolution regarding 1269M which would allow the Police Chief to appoint individuals to the position which ranks just below the Oise, City Manager Chris Hartung reported that this was the same issue as the previous resolution. The following resolution was presented; R E 3 0 L U T 1 0 N WHEREAS, the ranks of Captain, Lieutenant, Ssrgeant and Police Officer exist below that of the position of chief of Police In the City of Denton Police Department as classified positions under Article 1269m, V.T.C.S.; and WHEREAS, on January 1, 1983, three persons were serving in the permanent classification of captain immediately below that of Chief of Police; and WHEREAS, Section 8A of Article 1269m, V.T.C.S., as amended effective September 1, 1983, authorizes the Chief of Police to appoint up to four persons to the classification immediately below him to serve at his pleasure without civil service protection i.f such authority is conferred by resolution of the City Council; and WHEREAS, it is determined to be in the best interests of the City to confer such authority upon the Chief of Polide; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Chief of Police of the Police Department of the City of Denton, Texas, be and is hereby authorized to appoint up to four persons to the olaseifioation Immediately below him when and if a vacancy occurs in such classification now existing or 49 may be hereafter created by ordinance of the City Council, SECTION ti,_ That such person or persons appointed by the Chiof of Police pursuant to Section I hereof shall meet the minimum qualifications for such appointment as established by Article 1269m, V.T.C.S, and shall serve at the pleasure of the Chiet of Police without civil service protection, PASSFD AND APPROVED this the 18th day of September, 1984, RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEOAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF MTON, TEXAS BY; City Couaail MtAutee Meetin of September 100 1984 Pale Nhoteen Stewart motion, tw(W ams second that the resolution be approved, On roll call vote, McAdams "aye," Hopkins "aye," Stephens "hay,H Afford $$aye,° Riddlespacg er "aye so Chew "nay, 00 and Mayor Stewart "aye ,H Motion carried 6 to 2 with Council Member utephens and Mayor Pro Tom Chew casting the nay votes, D, The Council considered apWroval of a resolution to transfer unencumbered appropriate balances between departments, city Manager Hartung reported that this was another and oI the fiscal year clean up item. The following resolution was presentedt R P. 8 0 L U T 1 O.N WHEREAS, Section 8,07 of the Charter of the City of Denton authorizes the City Council to transfer unencumbered appropriations between general classifications of expenditures within an office, department or agency; and WHEREAS, the City Managet deems it necessary to transfer the funds as specified belowi NOW, THEREFORE, BE IT PESOLVND BY THE COUNCIL OF THE CITY OF DENTON, TRXASt SECTION I, These funds shall be transferred as followst EM ACCOUNT NO, TO ACCOUNT N0, MgM Data Processing 100-n04-0017 Word Ptooesaing 100.003-0006 $ 36,111 Public Works/ 100-002-0010 Finance Admin,/ 100-004-020M 100,000 Engineering Miscellaneous Police/CID 100-007-0041 Finance Admin./ 100-004-020M 25,000 Miacellanaous Data Processing 100-004-0017 Finance/Customer 100-004-0022 t_58,OOC, Serviee TOTAL TRANSFER $219,311 SECTION II, This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 18th day of September, 1984. RICHARD 0, STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEdAL FORM: JOE 1), MORRIS, ACTINQ CITY ATTORNEY CITY OF DENTON, TEXAS I3Y t Cit Council Minutes M**L Aq Ot SeptembeC 16, 1904 Page Twenty Riddlespecgor lotion, McAdams second that the resolution be appicovedd, On roll call voto, McAdams "aye, Hopkins "aye," Stephens "aye," Alford "aye,lt Riddlesperger "A e,,, Chew "aye," and Mayor Stewart "ays,ll Motion carried unanimously. E. The Council considered approval of a resolution for a proposed easement/license, Tract F-664, Lewleville Lake, Texas from the U. a. Army Corps of Engineers, Bob Nelson, Director of Utilities, reported that this was a routine resolution accepting an easement license from the Corps of Engineers acceptinq the sewer line which ran from the Hickory crook Mobile Home Park to the Hickory Crook Lift Station. The Corps required a resolution to accept the easement. The following resolution was ptesontedi A-&60LUT 1 ON WHEREAS, the City of Denton, Texas wishes to acquire a license and easement for the installation and waintenance of a sanitary sewer line in, along and acrose property owned by the United Stated and MHSREAS, the United States has agreed to grant a licenue and easement for such use pursuant to the provisions of the license and easement agreements copies of which are attached hereto= NOW, THEREFORE, Hg IT RESOLVED BY THE COuNctu or THE CITY OF UENTON, TEXASi SECTION 1. That the city Manager of the City of Denton, Texas to hereby authorized to execute the necessary license and easement agreements, copies of which are attached hereto, with the Department of Army on behalf of the Clty of Denton, to allow the city to install and maintain a sanitary sewer line in accordance with the tetme and provisions therein contained on, in and along the property therein desoribod. SECTION It. This Resolution shall be effective from and after its date of passage and approval. PASSED AND ~7PROVED this the 18th day of September, 1984, RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTRST: CIiARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LtaAL FORMt JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Stephens motion, Chew second that the resolution be approved. on roll call vote, McAdams "aye," Hopkins "aye,l' Stephens "aye," Alford "aye," Rid,dlesperger "aye," Chew "aye," and Mayot Stewart "aye." Motion carried unanimously, City Council Minutes Meeting of September 11, 1984 Page Twenty-One F. The Council considered ap roval Of a to aoo4i,ting a grant from the Federal Avlatfon Administration in the amount of 1466,000 and authorizing the City Manager to execute the grant agreements, Sill Angelo, Assistant to the Director of Public Works, reported that the FAA had offered the City the money and the City was ready to take it. The following resolution was presented% h E 8 0 L U T I Qx WHEREAS, the City of Denton has submitted to the Federal Aviation Administration an application for Federal Assistance dated September 6, 1984, for a grant of Federal funds for a project far development of the Denton Municipal Airport; and WHEREAS, the Federal Aviation Administration has approved a project tot development of the Airport consisting of the construction of approximately 18,000 square yards of aircraft parking apron, construction and marking of a connecting taxiway; improvements r>f drainage system, and the installation of two lighted supplementol wind cones; and WHEREAS, the Federal Aviation Administration has submttted to the City of Denton a Qtant offer in the amount of 1468,600 for the construction of such improvements; NOW, THEREFORE, Aft RESOLVED BY THE COUNCIL OF THE CITY OF DENTON. TEXAS, SKCTION I . That the City of Denton hereby accepts the Grant Offer and agrees to comply with all of the assurances and conditions contained in the Grant Application and the Grant Offer, and the City Manager of the City of Denton or hie designee is hereby authort2ed to execute such agreements. PASSED AND APPROVED this the 18th day of September, 1984. RICHARD O. BTEWART, MAYOR CITY OF DENTON, TEXAS ATTEST, CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LtGAL FORMI JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BYl Hopkins motion, Chew second that the resolution be approved, On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye,', Motion carried unanimously. 8. The Council considered the final award of Did * 9328 to Atkins Brothers Conotruction Company in the amount of 1460,129.80. aitY Caan9il minutes Mee ing a eptember le, 1964 page Twenty-'l'ira Sill A119410, Assistant to the Dlrw or of Publio works, toy Ot ted that aow`that the city had the money, we were ready to spend ft an4 reoommended to award the bid. Hopkins motion. Chew seoond to approve the final award of Did 09328 to Atkins Brothers Construatlon Company, Notion Carried unanimously, 9. There was no ottioiai action on Executive session of legal matters, real estate, personnel, or board appointments, 10. No items of new business toe future agendas were suggested. With no further items of business, the meeting was adjourned, RICHARD 0, STEWART, MAYOR CHARLOTTE ALLRN, CITY SERETARY I~ i 04901 City Council Minutes September 26, 1984 The Council convened into a' Special Called Mooting at 7:00 p,m, on Tuesday, September 25, 1984 in the Council Chambers. M6MBE S PkE$ Tr Mayor Stewart; Mayor Pro Tom Chew; Council Members Alford, 14CAdams, Riddlesperger and Stephens City 4anagoe, Acting City Attorney and City Secretary MEMBERS ABSENTr Council Member Hopkins was absent due to an illness In his family 1. The Council considered approval of the Minutes of the Regular Meeting of July 3, 1984 and the Special Called PAseting of July 10, 1984. Riddlesperger motion, Alford second to approve the 1inutes as presented. Action carried unanimously, 2. The Council considered authorizing First Southwest Company to submit a proposal for purchase of city of Denton, Texas Utility System Revenue Bonds, Series 198,1-A. City Manager Chris Hartung repported that becaus First Southwest Company was -tue financial advisor- to the city, the Council would need to authorize their bidding on bonds, Mr, Frank ,Modanich, representing first Southwest Company, stated that his firm had submitted for Council approval a letter which would authorize First Southwest to submit a bid on these bonds. Tne were a member of one of the groups which would be bidding. The authorization was to fulfill a requirement of state statutes, Council Member Stephens stated that tae bonds were being authorized to raise revenues for the utilities; He was in favor of raising revenues but not in tais fashion. He believed this was contrary to the City Charter and felt an election should be called, Riddlesperger motion, Alford second to authorize First Southwest Company to submit a proposal for purchase of City of Denton, Texas Utility System Revenue Bonds, Series 1984-A, Motion carried 5 to 1 with Council Member Stephens casting the nay vote, 3, The Council received and tabulated bids for the purchase of City of Denton, Texas Utility System Revenue Bonds, Series 1984-A. Mr, Frank 14edanicn, First Southwest Company, opened the bids, The Tabulation Sheet is attached to and made a part of then+e ;11nutes, Trio Council convened into the Executive Session to discuss legal matters, real estate, personnel, and board appointments while the bids were being tabulated. No official action was taken. The Council then reconvened into the Special Called Meoting. Ar, Frank Medanich reported that all bids were correct and First Southwest Company recommended awarding the bid to Rauscher, Pierce and Refsnes. 1Ar, Paul Horton, representing the bond counsel AcCall, Parkhurst and Horton, reported that toe bond counsel had reviewed and checked the bids and would also recommend Rauscher, Pierce and Refsnes. The approval of the ordinance would accomplish the entire transaction. I.,, The Council considered adoption of an ordinance authorizing the issuance of City of Denton Utility System Revenue Bonds, Series 1984-A, and spproving and authorizing instruments and procedures relating thereto, h ~ ha r'Int Cry, 000 Msi OMW QsiIIM Oa WWO OWbh TOM MI TABULATION OIL RIDS RACEIVED AT SALE OF $20,000,000 CITY OF DENTON, TEXAS (Denton County) UTILITY SYSTEM REYENUE BONDS, SERIES 1984.A Selling Tuesday, September 25, 1984, at 7100 PM, CDT GROSS LESS NET WECTiYE ACCOUNT MANAGER INTEREST COST PREMIUM INTEREST COST INTEREST RAT l /U, ~9~s1G C~ 2a , /to qp f 1 Cit Council Minutes AOO~ing of September 25, 1984 Page Two 14r Roland L'dney, Chairperson of the Public Utilities Board, stated that the bids had been reviewed and the board would also recommend the award to Rauscher, Pierce and Refsnes, Tiis following ordinance was presented; NO, 84-122A AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS SERIES 1984,A, AND APPROVING AND AUTHORIZING INSTRUMENTS ACID PROCEDURES RELATING THERETO Council Momber Stephens asked if this procedure were illegal, would the bond counsel assume the liability, Mr, Paul Horton, representing McCall Parkhurst, and Horton responded that his firm had an opinion from the Attorney General s, office which stated that the City Charter was In conflict with state statutes, McAdams motion, Riddlesperger second to adopt the ordinance, On roll call vote, McAdams aye, Stephens nay, Alford aye, RiddlesperggOr "aye," Chew "aye," and Mayor Stewart "aye," Motion carried 5 Eo 1 with Council Aomber Stopnens casting the' he nay vote. The Council reconvened into the Executive Session to discuss legal maters real estate, personnel, and board appointments, NO of cial action was taken, with no further items of business, the meeting was adjourned, RICHARD 0, Sl RT `MATUR CHAKLOI ALLEN, CITY 5tUKEIAKY 15840 CITY COUNCIL AaINDA RACK-Up SUMMARY 31U6T MBRTINO DATh; December 18, 1984 SUBJECT; Approval of Allan Estates Mobile Nome Park Amended Site Plan (5-165) SUMMARY; This 39,3 sore site was approved as a specific use permit for a 225 unit mobile home park in May oe 1983. A final site plan was approved in November of 1983, The new owner wishes to amend the approved site plan, The proposed changes are as follows; 1. The 1,0 acre vehicle and boat storage area previously located In a 60' utility easement diagonally traversing the park has been moved to a square shaped area in the south- eastern corner of the park. 2. The southernmost street in the park featuring a creek crossing has been changed to a cul-de-sac and the creek crossing has been eliminated, 3. The center street in the park has been closed at its western and and changed to a cul-de-sac. 4. The office location has been moved to the end of the above mentioned cul-de-sac and a pool and play area have been added to that site, 5. The lots bordering the creek have been removed and the creek has been added to the recreation area, 6. The street traversing the park diagonally has been eliminated and that area is now listed as open area on the site plan, ACTION RKQUIRED; Approval of site plan RECOMMSNDAT1oN; The Planning and Zoning Commission recommends approval of the site plan for Allan Estates Mobile Home Park, ALTERNATIVESt Approval or denial of site plan ATTACHMENTi Reduced site plan yip Den so Spi ey Development Review Planner 05013 Y lMYlww 11 , I~ful.w.^JM. NII 'Y~~',r„, ..H1 1 MM I.« ~.1 Mr 11 1~'lrY• ' n~en ~ j \ N ..NN 11, ~ N.+1. N I♦ I~, Ir1N~ •1! tMM N MN ~wr M MN •1Y 1 •,11 NYII Y1 ~1 ,+11. • fN Of 4 p rl . • t r. "f~ i -40 444 I 11 vI X , ',I r , ,R I J! I { r q I I I I , ` I I y 1 I J d d ~ rr 1 p S 1 11 x y ~r ~ ......r _ ~ i. 1~ firer , 1...-«.. 4.. W.... ALLAN ESTATES M091Lk- Hd. „ I + ~R aa,.•,. ' dHKfY. r ~ r CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: December lb, 1984 SUBJECT: Approval of the preliminary plat of Garner Addition, Lot 1, Block 1 SUMMARY: This is a tract of 0,582 acres situated south of and abutting the service road of the I-35E and west of FM Highway 2181 (Teasleyy Dane), The site is zoned general retail (GK) and general retail type of development is anl: icipated . Water, sewer, electric, telephone and gas service and facilities are adequate and available. There is need however, for a sidewalk to be provided alongg the service road of I-35E. Only one access will be allowed off the service road of I-35E but if the developers agree to share access with the adjacent lots then not more than two accesses will be allowed. ACTION REQUIRED: Approval of preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval of preliminary plat of the Garner Addi- tion, Lot 1, Block 1, subject to the following conditions: 1. Only one access will be allowed on the service road of I-35E but if access is shared with adjacent lots then not more than two accesses will be allowed, 2. A sidewalk is to be provided on the service road of I-35E. ALTERNATIVES: Approval or denial of preliminary plat ATTACHMENT: Reduced plat Harry , ersau Development Review Planner J Nord r"*F I! AMINw AY /lit" AIOtAN Og*f4 llo. 1f VWNITY MIA► IFf-35E 1 SCALSt low 2010 I1 • r w : 1 _ ►1►MN• ow to t1HflM IYMIMS 8743dE 173. K. 0 W to 43"01" rim ll.w111 ro J4G~4 'N err JOAtNlafO Nttw *ANh Glvpr,t i6'.C P GfV1'L0I¢t rb ANSrA4L A" V"'-' z ~1i rvcAACAWTV L'si-t 0A4omrpor ko RIW14 v-s to YNE Alrl$71VA MANJOLor~7vA& dvAL~ 0.114e lAWWt I4,04,4- oy Otj%IA71r 4~1N06t AV,HP LIR7• JtAn" rjEM YNK 904LJN! 70 VC .vEW MAtNNeL t5 , WO PAL NOTtSI O w rr1N tMne1T Nwttrwuul MA1NL L N1leturT Nnlf Itw CtMOMW ' LOO I~ ~ Aft 9A41 It SOON X*WCKTWMI ADDITION MbTT lWMMMNwtM. NMtt W.S. NUMMtLL1 Ott 1 N -e3d E 173, PRELiWNARY PLAT k GARNER ADDITION OANY JAMES NNYNt OABf! ACNt IN JHN "AMANDt1M MOIL WIWtY IN"C1TY AND COUW" OF DENTOMI TEXAS OWNtNSI W.L. ANO MAMRY FNANCES OANgEN CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE; December 18, 1964 SUBJECT: Approval 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 S.p.m. which is over the 1500 g.p.m, rsquired. The existing sewer system is overloaded, and development cannot be undertaken until capital improvement works are. completed. There is need for a study to determine whether a parallel sewer line may bo 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 plat with the following condition; The retail /restaurant complex will be allowed to tie onto the existing sanitary sewer.line but the kitchen wastewater operations of the restaurant is to be confined to the hours of 12:00 noon to 4;00 m, and frum 6;00 p.m. to 5:00 a.m. This time limitation will be applicable until capital improvement works are undertaken to upgrade the sanitary sewer system along Eagle Drive. CC Baok-Up Smith Hil Addition Page 2 ALTERNATIVES: 1. Approval of tho preliminary plat with or withot;t conditions 2. Denial of the preliminary plat ATTACHMENT: Reduced preliminary plat P- N P:" C~tL.Ck. Harryy ~ ersud Development Review Planner NfvflAMO Jf •111 •.MI 1111.Y11 M. 11'Y•MHI~T.I.I~MV 11 1; .1 l~ I ,l1 M•, . .1 3 ~ t Ili ,1 e.~'4 .1 ~r 1 Ala V ~ r.1 • ~ rra~~i {•ii trill ~ 'val 1 1 1 r~ 1 j{ J lif! 1 p V M 4 S I w CITY COUNCIL AGENDA RACK-UP SUMMARY SHEET MEETING DATE: December 18,. 1984 SUBJECT: Approval of the preliminary replat of, the Veterans Addition, Lots 4A and 4B SUMMARY: This is a tract of 0,367 acres situated north of and abutting Lindsey Street and west of and abuttingg McCormick Street and being a replat of Lot 4, Revised Veterans Addition, Tompkins Survey, Abstract 7A1246, The site is zoned residential (SF'-7, the purpose of the replat is to create anot11ler single family residential lot. Water, sewer, telephone, electric services and facilities are adequate and available, The preliminary re plat conforms to the requirements of the Denton Subdivision and Land Development Regulations, ACTION REQUIRED: Approval of the preliminary replat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary replat of the Veterans Addition, Lots 4A and 4B. ALTERNATIVES: Approval or denial of preliminary replat A'T'TACHMENT: Reduced map (1 arr ersau Development Review Planner i LOT 22 '83499 t~=.-. :=~_._r_•=--.^•• 96.82 . • "+CONC~t Ff"-V10RM-^CHA - . • ^`-30_DRNO ESMT _ - 0 .h ~~PPy\y h LOT ~4 9' h 4~ Qa' F'!ZO POS i:' D \rQO fah' FF £61 ti3 -4 7200 SQ. FI, l'- w w Z OAAVEL DRIVE WOOD OAAAOE CHAIN LINO FENCE W 3 LOT 3 _ N to LOT 4 A MAY 0.367 AC. M (ONol IO z _ 6600 SQ. F1, O COA MICK ion/d SF-7 0 z (7 H z ~.~rre~r. N [GB9/ X W F.X. - - E ---100~._.~._.~.-♦--. EXISTING 6" WATERMAIN - - - 6,60 ,0 Mc CORMiCK---_----STREET 60, Row. I i VH EXISTING 81I SANITARY SEWER PRELIMINARY REPLAI LOTS 4A and 48 REVISED VETERANS ADDITIONS being a ReDlof of LOT 4, REVISED VETERANS ADDITION. in the A48. TOMPKINS SURVEY A- 1246 CITY and COUNTY OF' DENTON, TEXAS -DM F'KIN S CFO V CITY COUNCIL AGENDA BACK-UP SUi4MARY SHEET MEETING DATE: Denember 18, 1984 SUBJECT: Approval of the preliminary plat of lot 5, block C, Westgate Nark Addition, 1st Addition SUMMARY; 'Phis is a .964 acre tract located at the southwest corner of F'ladger Drive and Westgate Drive. Tho property is zoned single family (SF'-16) and single family detached land use is proposed, The Planning and Zoning Commission considered a request for a variance of perimeter street paving requirements and standard provisions requiring the extension of water and sewer across the full width of one face of the property, The Planning and Zoning Commission denied the request for pperimeter street paving and water variances. The sewer requirement was waived because there are grade problems. The developpers have now agreed to post a bond for perimeter street paving. ACTION REQUIRED: Approve preliminary plat RECOMMENDATION; The Planning and Zoning Commission recommends approval of preliminary plat subject to ppost- ponement of perimeter street paving at this time., ALTERNATIVE; Approve plat with or without condition ATTACHMENT: Reduced preliminary plat 11a-rry ersau y Development Review Planner 4A t ► h h to 1 1 B1 eft < i r ~ e[1I0A!( 0499 11811 1001/rON N 1/ to o k n L h c h 1121111 rt9 tear Ro .•ar R Y N 10111 1+ i1 n \ . y h ry q • N 00'27 10" Y 200 91' iu • r (d rJr1u .rryl. Iafl V4A~ r ~ .J Y l f N ~ n $ ~ ~ M d S ! A ~ r r e e n a ~ 1 r N 4 . ~ C M b i a tt' ~ O f i '21~•l~,f f. n ` I w 1 u' ~ r try ( ~ ~ ~ ` ~ a t+ v y 1' • ? •1 .9Q + .rr+tl i~nY. 10012 [Ci ~ 1 00'20'1 t't 20010' i ~51 ~ ro . r.r1 a araaae 1 evil. a ~ A A 1A t~ lust a C ~ v 497 3~ ~L 1 Aga"• f 3 77zzzz n°e C OO~O~ ~p7 C d 4 j l9 w ~r n~ St g ~'n.1 ,•yY Ord, p 3 z s 4spx~ ark ~Ee~ wirer<or 7rZ UN•fifa 111 O x ~ax3 r i+~ e6R y~r.': Y7~~3' ► a n s S o 7"» H M y2 Cot! Y COUNCIL AGENDA HA,~tc-UP SUMMARY SHEET MEETING DATE: December 18, 1984 suBj ECT: Approval of the preliminary plat of The Woodlands and Oaks of Township II Addition SUMMARY: This is a tract of 33.355 acres of land situated west of and abutting Colorado Boulevard and north of San Jacinto Doulovard. The area is co°.,arod by planned development (PD-6j for residential single family cluster housing and greenbelts. Minimum lot size for single familyy lots is established by the PD and should not be less than 80 feet by 120 feet. Electric service is available, There is need for a study to ensure that adequate sewer capacity is available to serve the area. Drainage easement is to be provided along Colorado Boulevard. Drainage facilities are to be consistent with FEMA stipulations, ACTION REQUIRED: Approval of preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary plat of The Woodlands and Oaks of Township II Addition, subject to the condition that 18 inch sanitary sewer lines tire extended to serve the development. City will participate in oversizing and City will install 18 inch sanitary sewer line to co:inect South Texas Industrial Park to Colorado Boulevard. ALTERNATIVES: Approval or denial of preliminary plat ATTACHMENT: Reduced preliminary plat N . aA~ Harry ersau Development Review Planner \ S 1 r , 1 '0'1141 - ~ I ~1l1( as .Ot A • : '..j f \ a r. 4 r~~,ld,~), F~{~c, 1 1 1•..,. ~ 11:+ J._ a~r.P~c' - ~ J ' tl r w 1 I1 Y , 1\ t 1, ! 1 1 Iii l ~ 1 I _VII ~11 ( ,71 } ~A) 'J Z\h S. SI /,'ll 1 i 4',~ \y `1 r~ ~..qr}d f A+ ~`(r 1 r'll I(:,~ Ilt ` r i s~/ ' \ ~r ft}l II Lulf 4 r1 H UP ' 1r i 1' =1W.~ 1, ! ~J ll~ }I T~(r ~I),Frrl~~lfy Ori :~Vl k,+1 ` 1~/Pr'~+, ~.r. \ 4 'f If/ 4f-'~ A flflfl . 1 1 ~ I~ 1 , `I~~ W it ~ { a d \ / ~1/ dcro.fA F f~ { 1 / r1 I, V \~r yy~~ y~l ~ \r~1 1. ~ ~9P r ~1 'p( } ' lD D rl ~ / % 1~~I ! ~ ,.1 ~ q /~'L 1 ~~1 1~,( L• r%.' r ~ 1 I ~ \ J ~ + ,S f:c ~ / . ~ ~ a\ l ~ 'ate\~ ~ ~i.(.r. l ~ ~ ~ 1 f'1 / / ~ ~ ( \ t 1 '1''' l'r FM\ MNwr w 411M1 V IW 1 r~ Y YlY ! 1' 1 A 1) r W wul w r. 1Ir ' iw nr rr'Y~t4i1' PlI Ar IN 4. ).W~F 'rf' i ) C mfr 'nM) 1 .4.IfksY .1{ 1rN rrrrrrllM.NLFYr ♦,.NA 1 ~ r.I.rll Mlir ar.• nl. r ~ 1Vr ~f~ \ ! ~ 4 1 block% OF 'CE r, 5+d6 p~ `3 a 1 w„ r , ' IOC d.! r \I 7 r ) tG.4 ALA! W Am lp-A, iN: WN)Lfi[ri d ~.t 1$%T ,,(l~~M4 I=,!x, (NNL (C~! Jf A(Ydk 1 f AU<y .u)rW w16I. !`J N Nae<u . r.L 1,A1 wet(. J tP . ! L r. f MNTV '~<.(Y d 1-1 1 r ".1 SA", 4 I -too OMt^)L4 1 1{ drr,a;i,~w . _ I ' ...+1 Ail) RESOLUTIONS FROM PARENT TEACHERS ASSOCIATION SAM HOUSTON ELEMENTARY SCHOOL DCNTON, TEXAS 1984.05 SCHOOL YEAR RESOLUTIONS; In order to enhance the safety of the children traveling to and from Sam Houston Elementary School in Denton, Texas, the Parent Teacher Association of that school would like to propose that the Denton City Council and the Denton Board of Education adopt the following resolutions which suggest that: 1. A method of informing appropriate school personnel be developed in order to provide principals of affected buildingg : adequate warning that a construction project is imminent which will make pas+seige for children hazardous. Such a warning should also include specific information as to the designated personnel responsible for directing children around such hazards, 2. Additional marked crosswalks and crossing guards are needed along Hobson, Lane, Development of,the areas from which children are required to cross Teasley Lane also need fairly constant: monitoring to determine the necessity of additional marked crosswalks and crossing guards in that area. It is also suggested that consideration be given to the feasibility of a pedestrian overpass 6t the current Teasley Lane crossing site, 3. The current path connecting Pennsylvania Avenue with Teasley Lane over which all children from the Southridge area must pass should be appropriately widened to handle the volume of bicycle and pedestrian traffic on this artery, Additional safety personnel should be provided to patrol the wooded area before and after school, We recommend one guard at each end of the path and one guard in the middle, 4. We recommend that Teasley Lane be widened in the immediate future and that immediate steps be taken and consitently pursued to lower the speed limit in front of the school to twenty miles per hour and to thirty-five miles per hour for appropriate sections preceding the twenty mile per hour section. We will lend our assistance in the necessary effort required to,accomplish this goal, S. We recommend that appropriate steps be taken to further guarantee the coordination' between city and school officials regarding safety issues, construction hazards, forecasting increased enrollment as it relates to increased congestion of traffic patterns, schools,,etc, 1 1 CITY COUNCIL AGENDA BACK-UP SUMMARY SHOET MEETING DATE; December 18, 1984 SUBJECT: bold a public hearing regarding the proposed voluntary annexation of 31,027 acres located at the southwest corner of [cyan Road and Teasley Lane (FM 2181) - (A-8) PI)MMARY; 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 tr4ct, Mr, B, L. Archer, has submitted a change of zoning request which if approvod will permit 17 acres of single faintly land use, 10 acres of multi-family cluster housing, 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, RECOMMENDATION; The Planning and zoning Commission recommends approval. ALTERNATrVES: 1, Approve request and continue process 2. Deny request EXHIBITS; 1, Map 2. Service plan 3. schedule 4. Minutes of Planning and Zoning Commission David Ellison Senior Planner 0925a li z I ~l13 3 •a 'f2 v S f-tea `1. v. v.~• ~4 n. 1 333 ~ I ~p ~ ~ I f 1 M4 11~ \ \ ' n/ IM F' _+y_ _ J j f; QMK a X • n - 111 ~h u ~ 141 f _ / \ \ , ^ , t) ,.,J fjo. d V t~M A R D J 71• 00 iM;j ~k.. Il b ^ 1 e 30 , PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON TEXAS WHEREAS, Article 0704 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 whi`ot, 's bounded as shown on a map of the proposed annexation, NOW; THrREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, Pursuent to the provisions of Article 970a as amended, Texas Code annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and oth er routine police services, using present personnel and 6quipm6nt, 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 its 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, anal 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) Pxopertieo 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- vidod within the city will be extended to the annexed area within one moitth after the effective date of annexation, 77 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 inprovements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, G. Inspection Services (1) Any inspection services now proVided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation. H, Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J, Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc,, on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K, Electric Distribution (1) The city recommends the use of City of ',)enton for electric power, f Service Plan Annexed Areas Page three Le 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; (i) 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 c,o 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. is : r _ A"8 REV1S80 ANNEXATION SCHEDULE November 12, 1984 Submit agenda items November 130 1984 Submit agenda aack-up *November 101 1984 City Council sets dare, time ana s place for public hearing November 21, 1984 Notice to Denton Record Chronicle November 23, 1984 publish notice November 260 1984 Submit agenda item November 27, 1984 submit agenda back-up *December 04, 1984 City Council holds public hearing • December 050 1984 Notice to Denton Record Chronicle December 07, 1984 Publish notice y «~,•t- December 10, 1984 Submit agenda item December 11, 1,984 Submit agenda bacK-up *December 18, 19x4 City Council holds public nearing December 31, 1984 Submit agenda item January 02, 1985 submit agenda bacK-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 111 1985 submit agenda item 10ebruary 12, 1985 5ulwit agenda uack-up *February 19, 1985 Final action by City Council 0832g P Q Z Minutes November 14, 1984 Page 7 C. Make a recommendation to the City Council on the pproposed closing of the intersection of Wye and Robertson streets, Mr. Clark stated Wye and Robes son Streets run parallel asp to the railroad crossingg at, the minor areet of a small hill, He stated Jackson Street also comes into the intersection lose than 501 to the soot. The end result of all these streets ooming together at a rail- road crossing on a small crept makes proper intersection desi n very difficult. He a-aced they did not arrive at a de ign that would meet AASTO at+~ndar4so city subdivi- sion regulations, or good engineering practice. There- fore, we are recommendin the current connection of Wye and Robertson 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 nor iuawvily traveled runs directly to this crossing. He further stated the work if approved will be accomplished through the CDBG Robertson Street pr4jecr, A4 a small costs sav- ing from leaving the connection, Mr, LaPorte made a motion to recommend the, proposed closing of the intersection of Wye and Robertson Streets, Seconded by Ms. Cole and unanimously carried (5-0) D. rMaks a recommendation to the City Council regarding the proposed voluntary annexation of 31,027 acres located at the southwest corner of Ryan ,'toad and Teasley Lane (PM 7.181) (A-8). P' Mr, Ellison stat,id this is a voluntary annexation petition for 31,1127 acres located at the southwest l corner of Ryan Road and Teasley Lane (PM 2181), He stated the owrw of the tract, Mr, B,L, Archer, has submitted a change of zoning request which if approved will permit l7 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 Masch 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 T'ri-Steen Struc- Cures, Inn, The preliminary plat of the Tri-Steel Headquarters Addition (five sore office site) has been reviewed and accepted by the Development Review Cowait- tee and approved by resolution of the City Council, He stated sue to the lo6ation of this property in relation to the 1) enton'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 MIENDA BACK-UP SUMMARY SH8ET MEETING DATE: Decemoer 18, 1984 SUBJECT: Hold a public hearing concerning the proposed annexation of approxiimately 5 acres of land located north of Highway 380 West and adjacent and west of Masch Branch Road (A-9) SU14MARY: The Planning and Community Development Department 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 Structures, Inc. The preliminary plat of the Tri-Steel Headquarters Addition (five acre office site),has been reviewed, and accepted by the Development Review Committee and approved by resolution of the City Council, Due to the sensitive location of the Tri-Steel property in relation to the 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 -onsiderations are concerned, The City Council considered the annexation question at its meeting of October 16, 1984. Staff was directed to initiate formal annex- ation proceedings for the entire 69 acres, Tri-Steel Structures, Inc, has cooperated with annexation efforts to date and has expressed a Council Agqenda Back-Up (A~-9) December 4, 1984 Page Two SUMMARY desire to have its prelimina.Ky and final plat (continued.}; approved p"-4or to final action in February# 1985. The intent is to begin development on the five acre office site immediately, Although not zoned, `S`ri-Steel Structures, Inc, has agreed to a maximum height of two stories for the proposed offioe use. RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVES: 1, Approve request and continue process 2. Deny request EXHIBITS: 1, Map 2. Service Plan 3. Schedule 4. Minutes of Planning and zoni:,g Commission ti r~ 1 David Ellison Senior Planner 0530s C r ! H + i f ! » ` • ' Jam' /i \ ~w s Y f n Ill I , r ,.ULJ~Jl~.~. ••~t• gig (ID r,." i rY r r Its.1 ?j gtatia; # #s~# tai ~'~~I T^a~ 1 •w }j e s r n "ff r y H p JJ11 4. A. i5q r A' 0 ;10 All, Jul Ica rn 3 a g P0 r r3} a a a ~.r !Fa:~ lF sz, ~ A o _ f ,gig # !g r gt ~d,g ~ltrr M • p i • fit » p r . » s r` CM) r1l ~ » r.. r I s }}j 46 1? 1 w A fie ~t ( 1 so" our" •1M L N Lord BURKE ENGINEERING Psblo RuWD OONtULTINO CIVIL 10141Ned"s 20 Sept 1984 Mr. David Ellison Senior Planner City of Denton, Texas RE: Tri-Steel Addition General Davelopment Plan Dear David: The enclosed information is consistent with our'underaf:anding 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 S acre lot shown inaide the 69 acre tract of land. We believe that due to the unpredictability in the development of the whole 69 acre tract, committing to specific land uses could inhibit the devel- opment potential of this property. Therefore, we propose Light Industrial use for the remaining portion of this property, because we regard it as the highest 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. Sinc,orely, , 1 pabl o 404 i. CARROLL OLVD. * 102 4017) %4-0714 DENTON* TEXAS 76101 PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTONi TEXAS WHEREAS, ArtIole 970a as amended requires that a plan of service be adopted by the governing body of a city prior tcf passage of an ordinance annexing an area; and WHEI,W, the City of Denton is contemplating annexation of an area which is. hounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police' services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C, 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 a:inexed areas will be connected to sewer lines in accordance with article 4,09 of appendix A of the cede 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, 1 Service 'Plan Annexed Areas Page two F, Streets (1) ftot,ggency maintenance of streets (repair of hazardous ohuukholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. 0. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc,, on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric, power. Servioe Plan Annexed Areas Page three L. Miscellaneoue (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 plats 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_pproblems 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 CTP 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 r,rea will be judged accordingly to the same established criteria as all other areas of the city, 1 A-9 ANNEXATION SCHEDULE November 11, 1964 Submit agenda items November 13, 1984 Submir, agenda back-up *November 2U, 1964 City Council sets date, time and place for public hearing November 21, 1964 Notice to Denton Record Chronicle November 23, 1964 Publish notice November 2b, 1964 Submit agenda item November 27, 1984 Submit agenda back-up *December 04, 19b4 City Council holds public hearing December 05, 1964 Notice to Denton Record Chronicle December U7, 1964E Publish notice December 10, 19'4 Submit agenda item December 11, 1964• Submit agenda hack-up *December 16, 1984 City Council holds public nearing December 31, 1964 Submit agenda item January 02, 1965 Submit agenda back-up *Jatiuary 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 11, 1985 Submit agenda item February 12, 1985 Submit agenda back-up *February 190 1985 final action by City Council P & 4 Minutes November 14, 1984 Page 7 C. Make a recommendation to the City Council on the F roposed closing of the intersection of Wye and obertson streets. Mr, Clark stated Wye and Robertson Streets run parallel up to the railroad crossingg at the %ainor crest of a small hill. He stated Jackson Street also comes into the intersection less than 501 to the east. The end result of all these streets coming together at a rail- road crossing on a small crest makes proper intersection design vary difficult. He stared they did not arrive at a design that would meet AASTO standards, city subdivi- sion regulations, or good enginoerino practice. There- fore, we are recommending the current connection of Wye and Robertson at the railroad Cracks 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 Browsing, He further stated the work if approved will be accomplished through the CDBO Robertson Street pro)oo t at a small costs sav- ing from leaving the connection. Mr, LaPorte made a motion to recommend the proposed closing of the intersection of Wye and Robertson Streets. Seconded by Ms. Cole and unanimously carried (5.0). D. Make a recommendation to the City 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 zoning request which if atn)vovad will perwit 17 acres of single family land use, 10 aars-j 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 rr a Road and Teasley Lane. Seconded by Mr. Clai,orne 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 Maach 3ranch Road (A-9). Mr, Ellison stated staff has received a preliminary plat of a proposed five acre office development wnich 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 location of this property in relation to the Denton Municipal Airport, the Development Review Committee requested submission of a general development' plan for theentire parcel. He stated it has been the practice of the City Council P & L 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 experienoing development activity. An airport master plan effort is currently underwayy and staff is continuing its policy of encouraging develop- cents in proximity to the airport that have little future liability potential insofar as height, noise, or other potentially negative considerations are conuernod. He stated Tri-Steel Structures has cooperated with annex- ation efforts to date and has expressed a desire to nave its preliminary and 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 a motion to recommend the proposed annexation of approximately 5 acres of land located north of Highway 380 west and ad acent and west Of Masch Branch Road. Seconded by Mr, La or,te 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, Ellison stated this is a voluntary annexation request for 131.761 acres of land located soutn of Robinson Road and east of Nowlin Road, the pproposed Oakmont Development, 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. 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 approximately 112 acres located west of 1-35E service road and north of Marshall Road and oast 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, Mr, Ellison; stated staff recommends tabling this item until the next meeting when the dirootor o£ the Planning and Community Development Department can be present to discuss the policiesi CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: December 18, 1984 SUBJECT: Hold a public hearing concerning the proposed voluntary annexation of 131.761 acres of land located south of Robinson Road and east: of Nowlin Road (A-10) SUMMARY. The owners and prospective developers, the proposed 760+ acre "Oakmont" development (encompasses property located in bot►a Denton and Corinth), have petitioned for annexation of the above referenced portion of the overall. deVel0p1uent area. An attached mapp shows the requested land uses for the 131.7b1, acres involved in this request. The Planning and Zoning Commission will consider` making its recommendation on the total development propJsal at its meeting of December 12, 1984. RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVES; 1. Approve annexation request and continue process 2. Deny request EXHIBITS: 1. Location Map 2. Land Use Map 3. Service Plan 4. Schedule 5. Minutes of Planning and Zoning Commission I a 3.a ElI' son Senior Planner 0511,: tiJIN DfNT4N ClrY 4m4 # INrN /r1' 1 . R TZ, pr 4 A-10 ;'C1TY lrwirs• i ow M.4P . Sin 17 Single rttllY"Homes -Cluster Homes s OW/A 40.2 Ac o OW/Ac ? Golf Course & Club Aret 296 Units I I 10,7 At it ~ff act 01-1V !lo Home 6,7 At Golf course 6.6 Dui At 51 Units 01.a A•4 ii Patio Hom+ s, t +1.9 A0 6.6 Du/Ac ' V \ 1~7 Uplts . J M 1I1 ~\``Estate Homes, r' 1 14.2 A0 t a o u/ A o 'Groot "0-1 1' 43 Until Estate Homes 1/ ~DUnite 9 partments'7~,'_, !f Coridominiums 11.* At r 1.6 nu/Ac 214'unttI -Two Tram jay " Qa Sho~p'ing Garden Homes s.z Ao wo Family Garden Home e.7 At 0.3 0, /,.A: T b 6r6 At 1 Qt'(ir b.6 bv~Ao 67 Units ownhome p 3,6 Ao U4 DuiAo + OZ Unll► N Itl ~ I7 N I IItl )i PLAN OF SERVICE FOR ANNEXED AREA, CITY O TON, TEXAS IYH=AS, Axtiol.e 070% as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; I, Basic Service Plan A, Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings,- and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, 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) Stater for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4,09 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in-the annexed areas will be connected to sewer lines in accordance with article 4,09 of appendix A of the code of the City of Denton, Texas, E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, Service Plan Annexed Areas Page two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. 04 Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H, Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area. I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. r Servioe Plan Annexed Areas Page three L. Miscellaneous i (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation, II, Capital Improvement Program (CIP) r. 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 longeir 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. . k w A-10 ANNEXATION SCH&UULE November 12, 1984 Submit agenda items November 13, 19d4 Submit agenda backup *November '2U, 1954 City Council sets date, time and place for public hearing November 41, 1984 Notice to Denton Record Chronicle November 23, 19b4 Publish notice v L.. c November 2b, 1984 Submit agenda item a November 27, 1984 Submit agenda back-up *December 04, 1984 City Council holds public hearing December U5, 1984 Notice to Denton Record Chronicle December U7, 1984 publish notice t December 1U, 1984 Submit agenda item December 11, 1984 Submit agenda back-up "December ld, 1984 City Council holds public hearing December 31, 1984 Submit agenda item January U2, 1985 Submit agenda back-up *January 08, 1985 Special called meeting of City Council to institute annexation proceedings January lU, 1985 Ordinance to Denton Record Chronicle January 13, 1985 Publish ordinance February ll, 1985 Submit agenda item February 12, 1985 Submit agenda back-up *February 19, 1985 Final action by City Council P & Z 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 experiencing development aotivity. An airport master plan effort is currently underway and staff is continuing its policy of encouragin8 develop- menta in proximity to the airport that have little future liability potential insofar as height, noise, or other potentially negative considerations are concerned. He state Tri-Steel Structures has cooperated with annex- ation of orts to date and has expressed a desire to have its preliminary and final plat ap roved prior to final action in February, 1985. He sta~ad the intent is to begin development on the five acre office site immedi- ately. He stated although not zoned, T,ri-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 $ acres of land located north of Highway 380 west and adjacent and west of Masch Branch Road. Seconded by Mr. LaPorte and unanimously carried (5.0). F. [Make a recommendation to the City Council concerning the proposed voluntary annexation of 131.761 acres t 4~ of land located south of Robinson Road and east of Nowlin Road (A-10). ~t 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 proposed Oakmont Development, 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 acid east of Nowlin Road. Seconded by Mr. Escue and unanimously carried (5-0). C. Make a recommendation to the City Council concerning the proposed voluntary annexation of approximately 112 acres located west of 1-35F 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. Eacue made a motion to recommend the annexation of rond approximately anorth 112 acres Marshall Road and teast lof 5 the service Topeka and Santa Fe Railroad. Seconded by Ms. Cole and unanimously carried (5.0). H. Adoption of Policies of Planning and Zoning Commission. Mr. Ellisot,,stated staff recommends tabling :this item until the n,►xt meeting when the director of the Planning and Communi!'y Development Department can be present to discuss the policies. CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: December 18, 1984 SUBJECT: Hold a puulic hearing concerning the petition for annexation of approximately 112 acres located west of Highway I-35E service road, north of Marshall. Road and east of the Topeka and Saute 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. R81COMMENDATION: The Planning and '3oning Commission recommends approval of the annexation request. ALTERNATIVES: 1. Approve petition and continue process 2. Deny petition EXHIBITS: 1. Map 2. Service Plan 3. Schedule 4. Planning and Zoning Commission minutes David 81lisoll senior Planner 0530s I I U , tl 2!G! 7a n fITC r AI r 4 A-12 , H WLIIt OC11 }Y A IdU.t i 1%FtIt t r'Rrt t11 •.v A 1.11 ' 11 WA14 A OW h~yr It 14 tot 134 266 At I 1 1, I i J I Iglu u1141•.r PIAI ~ 0111 u.yl MAI I I I k 1 ~ ,I ~A I ' AAI ',()N Sr A 't w . ) „0111 Itf0W,l tIA1 lull f I I I. 04,1 I L v.r nn lrn• ,hAl 1 0.:r• hn iiNll 16 , \ I iJrl .ryl n..'. yll iryA kNyr(,, MAP l.Ill~ b I ' LH I ' ff III 8i I I ;7 I JO(1' , Yt(IIMIWAV fo/trtrt YUt m tee At R VAII IOCX SY A•1AOS r uv +tiu IS 6611 C R R CO SY A-111 4 WAVE 4Mk407 wN/tat~M•Nei to rew CI tYICOUNtY I'DCA 1011, TCk IV A-NOI lot I .nuw M«~i r.rr, wrw w~a new Its.. WAI t it =rK • r.r+. M i ftA e11Y t. T f PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTM TEXAS WHEREAS, Article Ma as amended requires that a plan of service be adopted by the gove,rni.ng 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 iF; 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 16 Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is horeby adopted for the proposed annexation area the following plan of service; 1, Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic, control devices will be installed as the need therefore is established by appropriate study and traffic standards, B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided aL city rates, from existing city lines on the o iective 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 th' city will be extended to the annexed area within one month after the effective date of annexation, Service Plan Annexed Areas Page two F. Straets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) will begin on the offeotive date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, G, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation, H, Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will. thereafter encompass the annexed area, I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational prograin and facilities in the enlarged city, K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. Servipe Plan Annexed Areas Pago three L, Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effeotive date of annexation, 11, Capital Improvement Program (Cip) The CIP of the City consists of a five year plan that is up- dated yearly, The plan is prioritized by such policy guide- lines as; (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restrains or opportunities, (2) Impact on tho 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-12 ANNEXATION SCHEDULE November 12, 1984 Submit agenda items November 13, 1984 Submit agenda back-up ,,"*November 20, 1984 City Council sets dater time and place for public hearing November 21, 1984 Notice to Denton Record Chronicle r- November 23, 1984 Publish notice •si, .rr,.~~~•Ka November 26, 1984 Submit agenda item November 27, 1984 Submit agenda track-up *December U4, 1984 City Council holds public hearing December 05, 1984 Notice to Denton Record Chronicle December 07, 1984 Publish notice y uecember 10, 1984 Submit agenda item December 11, 1984 Submit agenda back-up *December The 1984 City Council holds public hearing December 31, 1984 Submit agenda item January 02, 1985 Submit agenda oaek-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 11, 1985 Submit agenda item February 12, 1985 Submit agenda backup *February 19, 1985 Final action by City Council P w Z Minutes November 140 1984 page 6 and the Planning and Zoning Coaimissio to recommend annexation of parcels in the region of the municipal airport that are experienaing development activity. An airport master plan effort is currently uiWo sway and staff is continuing its policy of snoouraging develop- manta in proximity to the airport that have little future liabiity potential insofar as height, noise, or other potentially negative conaideration& are concerned. He star dd Tri-Steel Structures has cooperated with annex- ation aforts to data and has expressed a desire to nave its pr:eviilopasnt liminary and final plat approved prior to final action in February, 1989 He stated the intent it to begin on the five acre office site immedi- ately. Hs stated although not zoned, Tri•Steel Struc- tures has a88reed to a maximum of two stories for the proposed of Loa uae; staff recommends continuation on the five Gores proposed to be developed. Ms. Cola made a motion to recommend the proposed annexation of app oxiaately 5 acres of land located north of Highway §80 west and adjacent and west of Masch Branch Road. Seconded by Mr. Worts 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. Ellison stated this is a voluntary annexation request for 131.761 acres of land located south of Robinson Road and east of Nowlin Road, tna proposed Oakmont Developpment, which is located in both Denton and Corinth. Ha 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). C. Make a recommendation to the City Council concerning the proposed voluntary annexation of approximately 112 acres located wait of 1-35E service road and north of Marshall Road and east of the Topeka and Santa Fe Railway (A-12). i~ Mr. Ellison stated this is a voluntary annexation re- quest of approximately 112 acres located west of 1-35E ('1 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. Mt. Eacus made a motion to recommend the annexation of approximately 112 auras located west of 1-35E service road and north of Marshall Road and east of the Topeka and Santa Fe Railroad. Seconded by Me. Cole and i unanimously carried (5.0). H. Adoption of Poli.ciaa of Planning and Zoning Commission. Mr. Ellison stated staff recommends tabling this item until the next matting whin the director of the Planning and Community Development Department can be present'to discuss the policies. J u L - j N0. 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- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials equipment, supplies or services as shown in the "Bid Proposalsl' submitted therefor; and WHEREAS, the City Counei.l has provided 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 of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000; and Wl1EREAS~ Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contract+ng of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS; SECTION I. 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 .9366 1 Krause Dodae _ 5121,434,72 _.,9366 2 _Krause d 36.184126 _ 9366 3 _Mcllatt Chevrolet $ 10,442,17 -9366 4 McMott Chevrolet 7,581 31 9367 2 Krause_Dodge $ 39,945,05 9367 3 Krause Dodder $ 32,796.60 St4TION II, That by the acceptance and approval o4 the above numbered items of the submitted bids, the City accepts the offer of the persons submitting, the bids 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. PACE 1 CONTINUATION SECTION I, BID NUMBER ITEM NO, VENDOR AMOUNT 4 _ 9367 4 _Krause Dodge $ Q,599,85 9367 _ 5 _ Krause Dodge $ 24,834,90 9367 6 Krause Dodge $ 81814,15 9367 7 Bill Utter Ford $ 10,031,00 9367 8 Bill Utter Ford $ 13,996,00 9370 All Gelco Municipal Service 8.68; 9371 All IBM $ 35,480,00 9373 All American HV Test, Inc, $ 9,300,00 9374 All Whitmire Line Clearance $100,000,00 SECTION III. That should the city and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designatod representative is heresy authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the teems, 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 approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant ro 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 la day of December , 1984. RICHARD 0, b CITY OF DENTON) TEXAS ATTEST; =RLOTTE ALLEN CITY ECRETARY CITY OF DENTON,,TEXAS S APPROVED AS TO LEGAL FORM1 JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY; PAGE CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: December 18, 1984 COUNCIL AGENDA ITEM Consent/Ordinance' SUBJECT: BID #9366 POLICE S'eDANS AND SEDANS SUMMARY: This bid is for the purchase of Police Patrol Sedans, Administrative Sedans and Station Waggons. The eleven (11) patrol sedans are for the Police Department, Two of the Administrative Sedans are for the Fire Department, and two are for the Police Department. The full- ize station wagon is for the Plice'Department, and the mid-size wagon is for the Fire Inspection Department, One patrol sedan is a fleet addition and one of the administrative sedans is also, The other units are Motor Pool Replacements, ACTION REQUIRED: Approval by Council and Award of Bid SOURCE OF FUNDS: 1984-85 Budget Funds and Motor Pool Replacement Funds RECOMMENDATION: We reconmend this bid be awarded to the lowest bidder meeting specifications for each item as listed below: #1 Krause Dodge $115039,52 ea. $121,434,72 #2 Krause Dodge $ 9,546.07 ea. $ 389184,28 #3 McNatt Chevrolet $10,442.17 ea. $ 10,442,17 #4 McNatt Chevrolet $ 71581,31 ea. 7,581,31 The price for Item 2 offered by Krause Doge is $56,88 higher than the price offered by McNatt Chevrolet; however, it included a 24 month, 249000 mile extended warranty, The McNatt.price includes only a 12 month, 12,000 mile warranty, EXHIBIT: .Tabulation S eeet SUBMITTED BY: Tom D. Shaw, C,P,M. Assistant Purchasing Agent f3ID rI rl,l;._...P.OL1CE-Sf:DAMS_.&-SED6NS DAVE MCNATT CHESTER 611.1. KRAUSE CHEVROLET MORRIS UTTER arrtais~ 11--84__2_P M, DODGE CHRYSLER FORD PLYMOUTH ACCOUNT I! h QTY Ll' :~I. U ~SC~I1''1IQN~_ Vf NU01~ VENDOR y VEN )0R_u VENW- R VLNDOR VENDOR + VI NllUR _ 11,4 9.52 11,863,82_ 111?63,41 11,404,00 4_,-_Fgur 9 646,_07 _ 9,489_.49 9,687,32 10,455,00 3 1 Four Door Station Wagon Full J~ NB, 105442,17 NB 10,953.00 i 4_-_- okra-oox StAt3on Wagon 8 716,67 _71581.31 ~.8>730,02 9 413 00 _ Mid -Size DeIiyery_~__ 75 Days 60-90 Day 45 DAys CITY COUNCIL, AGENDA BACK-UP SUMMARY SHEET BATE OF MEETING: gecember 18, 1984 COUNCIL AGENDA ITEM Consent/Ordinance SUBJECT: BID #9367 PICKUP TRUCKS AND VAN SUMMARY: This bid is for the purchase of pickups, light trucks and a van for motor pool replacement in the; Building Inspection 3 ~ Ton Pickup Electric Meter a Sub Sta. 1 4 Ton Pickup Electric Meter b Sub Sta. 1 3/4 Ton Pickup Cust(~mer Service 1 k Ton Pickup Solid Waste 1 3/4 Ton Pickup j Wastewater Treatment 1 3114 Ton Pickupp 4 Wh, Or, Animal Control 1 3/4 Ton Cab Chassis Water a Sewer 1 1 To„ Truck Par'cs b Recreation 1 15 Passenger Van and fleet additions in: Animal Control 1 3/4 Tan Pickup Water a Sewer 1 3/4 Ton Pickup Water & sewer 1 3/4 Ton Cab/Chassis Warehouse 1 3/4 Ton Pickup Parks b Recreation 1 1 Ton Truck/Tow Package ACTION REQUIRED: Approval by Council and Award of Bid SOURCE Of FUNDS: 1984-85 Budget Funds From the Above Listed Departments and Motor Pool Replacement Funds RECOt4MENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications as follows: N1 Not be purchased and quantity of Item 2 increased. #2 Krause Dodge $ 7,989.01 ea. $ 39,945.05 #3 Krause Dodge $ 8,199,15 ea. $ 32,79660 #4 Krause Dodge $ 9$99.85 ea. $ 9,599.85 #5 Krause Dodge $ 8,278.30 ea. $ 249834.90 #6 Krause Dodge $ 8,814,15 ea. $ 85814.16 #7 Bill 'Utter Ford $109031.00 ea. $ 10,031,00 #8 Bill Utter Ford $139996.00 ea. $ 13,996,00 Total Bid Award $140,017.55 Delivery is from 45 to 90 Days EXHIBIT: Tabulation Sh et . C. SUBMITTED BY: Tom D. Shaw, C.P,M. Assistant Purchasing Agent Hitt # .9367- BID TITLE PICK-UPS AND VANS OVENrn•_____ 12-11-84 2 m, DAVE MCNATT BILL - p--- - KRAUSE CHEVROLET UTTER ACCOUNT # DODGE FORD QTY _.LUE(L.PLe"_8;E,It LJT QN VI~N(XR _VENDOR VENDOR VENDOR VENDOR ~ VENDOR - VENDOR _T _2. __._Picku~ 48.x. 2 3 -picker ~ Yon LWB 6 7,989 0L_. 265.24 8,288,00_ 3 4 fiickup_ 3/4 Ton LWB V8 81199.15 91269,38 9 52,x;.0,0__, '4 1 Pickup 3/4 Eon LWB V8 4WD 9,599,85 309051.51 , ).0,815.00 5 _3 _Cab-Chassis 3/4 Ton LW8 V8~ x,278.3 _ 9.31 4.76 9,323.00 6 -1 _Cab-Chassis._ 1 Ton 8,814.15 10,020,24 9 859,00 1 Cab-Chassis 1 Ton Tow Pkg. ` NB- _ 109216.12 10,031.00 8 1 Van 15 Passenger A4,769.95 ` ~I --13,99.6,010 Delivery 60`90 Days 60 Des 45-90_D~s ~ ---u CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: December 16, 1984 COUNCIL AGENDA ITEM Consent/Ordinance SUBJECT: BID #9370 LEASE/PURCHASE FINANCING OF MOTOR POOL EQUIPMENT SUMMARY: This bid is for the lease/purchase financing of Motor Pool Equipment for the 1984-85 fiscal year, The payments will be for 36 months, First payments are due upon delivery of oquipment, This bid covers the funding for twenty (20) pieces of equipment, (See excerpt from Bid 9370 for complete list indicating cost and delivery schedule,) Third party leasing allows us to lessen the impact on cash flow, spread payments over 36 months, and take advantage of low interest rates, ACTION REQUIRED: ApMroval by Council and Award of Bid SOURCE OF FUNDS: 1984-85 Budget Funds and Motor Pool Replacement Funds RECOMMENDATION: We recommend this bid be awarded to the lowest bidder of Gelco Municipal Service, The fixed annual percentage rate is 8,68%, Payments are to be made monthly in arrears. We feel like this is an excellent rate of interest, EXHIBITS: Tabulation Sheet P4ge 3 and 4 Qf BID #9370 SUBMITTED BY: Tom D, Shaw, C,P,M, Assistant Purchasing Agent Ib quo-....__ _ . aEtpu Ott _QF-MJ.QR_ J'I, EQU PI OELCO FORD MERCANTILE SECURITY SECURITY FIRST FIRST APITAL FIRST r IN, - -Qw~ FMT MOTOR BANK PACIFIC PACIFIC CONT, PEN i1UNICIPAL 1TY CONT. MANAGEMENT CREDIT CAPITAL LEASING CORP. LEASING EASING EASING C:CC~I~N'1' i SERVICES IIARKETS INC. 0. _ `__ITf'H [iF ~<F7fiPf~N_ ' _ V At !'Ii E Wff ` VfTSGiSN - V>IFItS~ V)~1[x511 " V1aF1I~Tif~" VLFIt3tSti-'- ~o1i ~ V1'ATiuIF- V~Pbc3i~`" VFN Annuei Percentage Rate x:68 10,6 415199 8,74 8,99 9,961 1015 9.4'.. 8,95 BID N"FR 9370 RID PROPOSALS Page 3 of 20 ITEM 613CNlf T10N QUAN. PRICR AMOVNT eve sualostsd "t" 41.4 4604i4i"q bhs eg ooWA 6. o- orpti'e in bho , LRASt3/PURCUSR AORKSMKVT FOR MISCELLANEOUS BQUIPMRMT AS ONSCRIBKD ULM 013CAIPTIOM Q} DRL, SCM=Ds 1, Side Loading Refuse Truck 64,121,00 1/02/85 1 2, Side Loading Refuse Truck 64,121.00 1/02/85 1 3. Side Loading Refuse Truck 64,121.00 1/02184 1 4. Repr, Loading Refuse Truck 490432.00 1/02/85 1 5, atoll-off Type Refuse Truck 74,019.00 12/20/84 1 6, Conosercial Side Loading Truck 619079,64 12/20/84 1 7, Commeroial Side Loading Truck 61,079,64 12/20/84 1 8. 6 yard Dump Truck 20,000.00 4/01/65 1 9. 6 yard Dump Truck 209000-00 4/01/85 1 10. Sewer Cleaning Truck 1100000,00 4/01/85 1 TOTALS We quota the above f.o.b. Denton, Texas, Shipment tan be made in days from receipt of order. Terms net unless otherwise indicated, In submitting the above bid, the vendor agrees that screptanoe of any or all bid items by the City of Denton, Texas within a reasonable period of time constitues a contract. N Inca Addre" 81ddor City state Zip slan~tur~ Tal"hod• TWO DID NUMBER 0370 BID PROPOSALS Page 4 of 20 ITEM P1sCRIPTION WAN, PRICK AMOUNT LRASICOURCHASR AORRKUNT FOR KISCKLLA SOUS KQUIRMP.NT As ONSCRtsto 81114OW4 (Continued from previous Page) OKSCRIpTIU CiQ ORL, SCRf;D, 11, Truck with Flatbed & Hoist 20,000,00 3/01185 1 12, 1 Ton Flatbed Truck 15,000,00 2/15185 1 13. 15 Passenger Van 16,000,00 2/15/85 1 14, Truck and Asphalt Distributor $59000,00 001/85 1 15, Tractor Loader Backhoe 26,000,00 2/01/85 1 16, Front Loader 20,000,00 2/01/85 1 17, Vibratory street Roller 20,000,00 2/15/85 1 18. Steel Wheel Street Roller 60,000.00 2/13/83 1 19, Trailer Flat 321 100000,00 2/15/85 1 20. Tractor !lower 8,000,00 4/01/85 1 NOTC Item 1 thru 7 are firm prices with realistic delivery schedules, All others are asttmated only, oe : TOTALS We quote the above Lo,b, Denton, Texas, Shipment can be made in days from receipt of order. Terms net unless otherwise indicated, In submittinj thil above bid, the vendor agrees that acceptance of any or all bld items by the City of Denton, Texas within a reasonable perloti of time constitues a contract, Nulling Addraf Blddor City State 210 Slgmtun Td Isphon • Title CITY COUNCIL AGENDA BACK-UP SWORY SHEET DATE OF MEETING; December 18, 1984 COUNCIL AGENDA ITEM Consent/Ordinance SUBJECT: BID #9371 IBM DISK DRIVE SUMMARY; This hid is for the lease/Purchase of a 3370 Model 2A Disk Drive for use by the Data Processing Department to upgrade the existing equipment, This item will be purchased on a Lease/Purchase • Contract through IBM or through our lease/purchase package for equippment being approved under a separate bid. This will depend on the best interest rate for the City of Denton, ACTION REQUIRED; Approval by Council SOURCE OF FUNDS; Budgeted Payments RECOMMENDATION; We recommend this bid be awarded to IBM the only bidder on this compatible equipment for the purchase price of $35,480,00 payable in 48 months lease/ purchase at $892,43 per month, transportation cost $95,00, and maintenance at $126,00 per month after three months factory warranty with delivery by February 28, 1985, EXHIBIT: ..814 Proposa l SUBMITTED BY: ;!Jo.A J rshall, C.P.M. Purchasing Agent BID ER 9371 BID PROPOSALS Page z of z ITI PA Ql~CR{PTIQN QUAN. PRICE AMOUNT 1, IBM 3370 Model 2A Disk Drive with 730 Mega Bytes of 1 $35,480 $35,480 storage capacity, or an approved compatible ec,ual, 2. 48 Months Lease/Purchase Under this contract, the City of $892.43/m. Cost Per Month Denton will own the equipment at the and of the 48 month period. Contract includes a fiscal year 3, Installation Cost funding out clause. No Charge 4, Transportation Cost $95.00 $95,00 5, Maintenance Contract Cost (per year) $126/mo. $1,512/yr Equipment includes 3 month warranty, i.e. Maintenance billing will start 3 mo, after installation. Maintenance is quoted for 7 atm. to 6 p.m. Monday thru Friday. Bust show leaseholders with cpmplete address. Warranty covers equipment 24 hours/day, 7 days/week. The equipment bid must he acceptable by IBM for a Maintenance Contract, *If the City of Denton chooses to purchase the 3370(itemlll), the terms and conditions in the attached IBM Purchase Supplement should be included in this bid response, If the City of Denton chooses to finance the 3370 over 48 months(item#2), the terms and conditions in the attached IBM installment Payment. Agreement should be included in this bid response, TOTALS We quote the above Ca,b Denton, Texas, Shipment can be made )H Terms net unless otherwise Indicated, by 02/29/84 In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitues a contract. P.O. Box 340921 IBI fAMA9 AddrMt n 4 dWr Dallas TX 75234 l ' CITY State ZIP Slgn~luN 620-6137 Marketing Representative TN~pnon• TR1d J Intsm ilanal 8utino" M00hims COrgomflon Armonk, Now York 10504 Supplement to Agreement'for Purchase of 11#M Machines (X I'urcl,aa4 of Ua•Urdar Maelslrlar ( i Purelaa4a of IlwlttMad Machlder Rlarw h Refnlenen nefnlnnro IBM ,~{R1WMI~i~u.r re<Inln,enl Nu.l N, f aV omer(iavoka loll 8 .in,I,Ilallor, AtWeal A C'RIuIT& Alts ,(RcNu.; Am*, 323 E. McKi,nney/~ I:udertxrRefctcmnt vtlu4J aalnl'rclwrrd 12/04/81 Denton, TX 16201 I'urcllMw nrirnl~Ikd Mi[I~irreei If..,Nf x M. ,M t:flr, u,r 1144 of lrorrl,...i INM Resimb Offk4 Adalreaal ees (All purrhaw ur lrutalled Manhiner may lw choligevl l y NN up to nrxl lilt lral ingg tlx F:(Ie, llru Kato of Purchase (which must lie wltldu Idle Q,wlaliun MonlW, wliY-i I to au) I nitiaituns rk~ 2727 183 Freeway acrilxdin llx s(gdieahh+ IBM lease ur rental revowill. Dallas, TX 75234 ~ AVarranty Malme"mee FI Olah>„s A nl 9ervkv 1yIxr y res IBM Pi" F'umbase Onkror like 1:aIImaleJ y Avallallln Avairalde Machine Serial Model or $ Tutal ShllIune"I Y ~ (NNmUII• r] II1)nksa , y. w Number (+I Fealure Ikscriptbn IPerUahl f llale M lessNolerl) _ Nine,) L 3370 829XDH A02 DASD 11135,480,00 035,480,00 1, Sr .1 I !1F ,t t'l fl ~ "1 t u kkf I,'i,1 ,.j 1 ~rf.~ r ~ .'.1 • 1 Sri A A., 01 THIS SUPPLEMENT CONFIRMS YOUR ORDER TO PURCHASE THE MACHINES LISTED HEREIN. FURTHERS CUSTOMER AGREES THAT THIS SUPPLEMENT AND THE REFERENCED AGREEMENT, INCLUDING ANY OTHER IBM AGREEMENTS OR CERTIFICATIONS REFERRED TO THEREIN, AND REF'EREN CE 1) AMENDMENT, IF ANY, ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSAIJ' 00 PRIOR AGREEMENTS, ORAL ON WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUNJECT MATTER HEREOF, END USER CERTIFICATION, SEE REVERSE SIDE. _ (4) Am 1144110 Ries Mac Lime Serial Nurrsben lovntee Inforlllaliurll Invni.ee No.t 8901991 Suhlnlal f 33, 480, 00 WARRANTY OPTIONS AND MAINTENANCE ACREEWNTSEHVICE Paymenl u due on the bale of Inslallallon eseept for Ip,uunhase of tnualkd Machines for which ~ roVos,w~,A (Ilve revorso side hK athlidonal In(u.roat") payment mum W ,calved by Inv, Ntfor to the e W of the 0uo1a11 in Month in onler to establlsh Tasty : N/A By aeleeNng for ewrh MatbMue Type Win the Types A,atlable vml by hdlialin6 The Effectlve Ihteof Purchase, below, ~ml relun,ing it ropy of each Imp of This bapvIemenl b. mvt at its MI- Remil to Athlroaal ueslinatiun Charges S Invoiced Later tirreesss Illl-k,777ve, the fuatunlur aueepls: [lay nib Amount S IBM Warrmity (h)limn, If available; aNVW 33,480.00 IBM Malnlenance Agreemem Service. 21254631-M (UNOSO) 744 (&pgMnNMCdnYraMlonztaglS/t06S Page of 1n*nwA mW gush Machin" CnrpoAlbn Am wk, New York rasa IraWInwit Psym nt `Agmm"t tstww► and Loots (11*0.ntn+«h) Nana and AddrW of Cuslonwr. Reference Agreement No„ CITY OF DENTON Reference Supplement ogled 215 E. McKinoay Daato'l,f TX 76201 Agreement No,; ?BM Branch Oft* Address, IBM Branch Office No.; GMG 2727 LBJ Freeway Customer No. 1802610 Dallas, TX 75234 Internattlonal Suslneu Machines Corporation (ISM) and the Customer agree that th(s Installment Payment Agreement supplements and amends the referenced Agreement for Purchase of ISM Machines and Its referenced Supplement with respect to the following IBM machines, features, model upgrades, machine elements and/or accessories (hereinafter called "Machines unless the context requires Individual reference). Order or Purchase mwhk* Type Number (0) oty. Ti Feature Dowdpilon (Net Unit price) Amount S 1 3370 829YDH A02 Disk Drive $351,480.00 $35,480,00 An Indicates Machine Sarlal Number. TOTAL: $ 35,480, 00 StaMrnent of Ti anaaation 1,. Cash Price (If this were fA cash sale) . . . $ 35, 480.00 2, Trade-in Allowance Ctecilt (from IBM trade-In agreement) , , , , , , , , , , , , , , , , , , , $ NSA 3. Cash Down Payment. , , , , , , , $ 00 , 00 4. Total Down Payment (Sum ofItems 2and3),,,,,,,,,$ 00.00 5. Unpaid Balance of Cash Price (item Iminus Item 4),, 350480.00. 3. State and Local Taxes, if applicable . . . . . . . , $ n0. 110 7. Amount to be Financed (Sum of Items 5 and 6) , , , , . , , . $ *15,48t) ,gp 8. FINANCE CHARGE (Time Price Differential on Item 7 . Finance Charge consists of Interest at an ANNUAL PERCENTAGE RATE of 1 % , , , , , , , , , $ 7, 356, 64 9. Tax on Finance Charge, If applicable, (payable In first Installment) , , $ - 00.00 10. Total Amount of Remalning Payments (Sum of Items 7, 8 and 9) . . . . . . $ 42,836.64 11. Total Time Sale Price (Sum of Items 4 and 10) . . . . $ 42,836,64 ztao.zm-as (Nw. olrar) 1 Ppo 1 of 4 WM sea ItiyM►NIh The Customer may, at anYy tl", pay in adVanoe the full Tht Ustomer agrees to paythe Cash Down Paymerit, amount due hereunder and the Flnanoe Chargo will be It any, (a) upon the Cate of n~e;~~,lotlon of the Maahlttes`or adjusted byY IBM 1Q retlect the shorter payment period, `b) wtt reepeot to Installed Maof,ini?*,-on the Bffeotive All remittaxncbs are to be made to the IBM Branch Office Rate of Purchase, and ayre" to pay the Total Amount of address listed herein unless otherwlss, requested by ISM. notnalnln Payments In conseouth4 'Periodic Payments, Including Finance Charge, forthe FI3~cal Periods as set forth Asslgno* i4 below In either Payment Plan I or Payment Plan II, This Instf llmont Payment Agreement is not assignable by sub- PAYMENT Pf.Ahl I the Cuoconler, nor may the Customer sell, transfer, atantlally modify, relocate or dispose of any or all of the Periodic Pa ment Finance Charge Machines without prior written permisslon of ISM, In no FIWAI (Annum) (included in event may the Machines be relocated outside the United Period (Blennial) Payment) States. Any attempted assignment or transfer by t Customer of any of the rights, duties or obligations of this 1 Installment Payment Agreement Is void, 2 cuN ollees 00"Wilt 3 NSA The Customer covenants and agrees that (a) it will not create, assume, or voluntarily suffer to exlst, wlthuut giving ISM at least 16 calendar days' prior written notice, any 4 mortgage, pledge, encumbrance, security Interest, lien or charge of any kind upon any or all of theMachines; (b) It will 5 keel the Machines In good repair and operating condltlon; (o) It will promptly pay all taxes, Interest and other charges 6 when levied or assessed upon the Machines or their operation or use, or upon IBM, exclusive of taxes teased on IBM's not Income, In connection with this Installment PAYMENT KAN II Payment Agreement; (d) It will promptly satisfy all hens against the Machines; and (e) there are no mortgages, Total Finance pledges, encumbrances, securlty Interests, lions or charges Pvaodb Poyrrwl Charge for (Total 01 Monthly Flaoal Period of 4-ny kind by any party other than IBM orasslgns upon he FIvAl Payments for Momhly (Included In machines on which features, model upgrades, machine period Fiscal Period) Payment Payments) elements or accessories will be Installed subject to this Installment Payment Agreement, 1 6 , 24 7.01 892.43 frauranca 2 101709, 16 892,43 The Customer further agrees to procureand maintain fire Insurance with extended coverage against loss, theft, 3 10, 709.16 892, 43 damage to or destruction of the Machines for the full Insurable value thereof for the duration of this Installment 4 Payment Agreement, the pollcy for such Insurance being 10,709.16 892,43 endorsed to show loss payable to IBM and assigns as respeotive Interests may appear, Upon request, a certificate 5 4,462,15 892.43 of such Insurance will be furnished to IBM or assigns. Any proceeds received directly by IBM under such Insurance 6 shall be credited to the payment required from the Custo- mer pursuant to the Section entitled "Casualty Occur- The Periodic Payment for Period 1, which Includes the rences, Tax on Finance Charge, If applicable, Is due on the first business day of the moratn following the Date of Installation t,^"WHY occurnnc" or the Bffeotive Date of Purchase, and the Periodic Pay- A Casualty Occurrence shall be deemed to exist If any of ments for Periods 2 through ---g - are due on the first the Machines shall be lost, stolen, Irreparably damaged or business day of each succeeding Fiscal Period, If Payment destroyed or otherwise rendered p( rrrlanently unfit for use Plan I has been chosen, payments must be made In full on from any cause whatsoever prior 6 the payment In full of the due dates, If Payment Plan II has been chosen, the Total Time Sale Price. To the extent permitted by law, payments must be made in 'equal consecutive monthly the Customer shall promptly pay to IBM a sum equal to the installments, except that the first lnstatiment will include the aggregate Casualty Value of such Machines, Tax on Finance Charge, If applicable, beginning on the due The Casualty Value of each Machine suffering a Casualty dates and contlnuing on the corresponding day of each Occurrence shall be the sum of the unpaid balanced of the month of each Fl al Period until fully paid, Payments State and Local Taxes, Unpaid Balance of Cash Price and fnolude Finance Charge In the appropriate amount In- Finance Charge at the time .ofsuch Casualty Occurrence dloated above, and attributable 1o such Machine, The Finance Charge shall The Customer having been offered the cholce of pur- be adjusted by IBM to reflect the shorter payment period, chasing at the fovegoing Cash Price Wale appliccble State Anyy money so pald shafl be "applied by IBM to reduce and Local Taxes) or at the Total Time Wale Price has elected Installments thereafter falling due so that such Installments to purchase at such Total Time Sale Price, represent only the payments due for the remaining Ma- 2120.2"1.03 (14v.01/a1) U/M M Pa" 2 004 ohlner Any excess Insurance payments received' by IBM naaonable attorney's tees and I4gal expenses,13M will pay shall be credited to the Customer, to the Customer any portion of To not proof In excess of the unhald Total Tlme Bale Price, e'vef►ts of 001"N In'tthe event IBM rep4seaasee and'romovoO a fe`ditUre, Any one or Moro of the following are Events of Nlault; (a) model urade, machine element or accosso , It shall be the Culitomer falls to pay when duo any amount required to the Cuspgtomer's reegqonslblllty to restore anyv remafning be paid by the Customer hereunder and such failure shall Information processing equipment to good workingg order. continue for period' of seven days after the due date, The Customer agree that IBM shill have no liability for except as provided In the Seotlon entitled "Funding"; (b) the damages oaused~by he repossess on of such a featv(e, Customer falls to procure and maintain Insurance as model upgrade, machine element or accessory or by t`te requlred In W6 Installment Payment Agreement; (o) the Customers failure to fulfill such respontiibllltles, Further, Customer falls to perform any other provisions hereunder IBM shall have no obligation to reimburse the Customer, or violates any of the covenants or agreements made by the user or any other secured party for iht cost of repair Customer hereunder, and such failure or breach shalt resulting from such removal. continue for a period of 15 days otter written notice Is IBM may pursue any other remedy available at law or In recelvvd by the Customer from IBM; or (d) any insolvency equity, including, but not limited to, seeking damages, proceedings of any character, voluntary or Involuntary, specific performance and an In unction, No right or remedy shall be Instituted by or against the Customer. Is exclusive of any other proviided herein or permitted by Any failure of IBM to require strlct performance by the law or equity, All such rights and remedies shall be customer or any waiver by IBM of any provision of this cumulative and may be enforced concurrently or Individ- Installment Payment Agreement shall not be construed as a ually from time to time. consent or waiver of any other breach of the slime or of any other provision. fiNtdilfp Since the Customer Intends to request the approppriation of funds periodically to be paid for the Machines, if funds If an went of Default shall have occurred and be are not appropriated for the Customer for such Periodic continuing, IBM or assigns may, to the extent permitted by Payment for any future Fiscal Period, the Customer will not ,aw, (a) Weyer from the Customer any and all amounts be obllgated to pay the remainder of the Total Time Sale then due and to be become due, (b) take possesslon of any Price due beyond the end of the then current Fiscal Period, or all of the Machines, wherever located, without demand or Such event will not constitute an Event of Default. The notice and without any r9urt order or other process of law, Customer agrees to notify IBM in writing of such nonappro- or render them unusable, and retain all prior payments as prlatlon at the earliest possible time, partial compensation for their use and de recllatlon; (c) In the event that funds are not appropriated as provided require the Customer to assemole the Machines and make above and the Customer Is unable to mtlte further pay- them available to IBM, freight pro aid, at any place In the ments due under this Installment Payment Agreement continental United States specified by IBM; and/or (d) Incur beyond the end of the then current Fiscal POlod IBM will reasonable attorney's fees and legal expenses In exercising tvithln a reasonable time after the end of such Period, enter any of Its rights and remedies upon default which the and take the Machines from the Customer's premises and Customer hereby agrees to pay. Upon repossession of will retain all sums previously pald by the Customer to IBM such Machines, IBM may sell, lease or otherwise dispose of as partial compensation for machine use and depreciation; any or all of the Machines In a commercially reasonable provided, however that upon the Customer's request, the manner, with or without notice and by public or private Customer may, prior to such repossession, retain the proceedings, and apply the net proceeds thereof towards Machines during a reasonable period agreed to'ey ;6M at a the amounts due under this Installment Payment Agree- monthly charge designated by IBM, beginning oil the first ment after deducting the reasonable expenses of retaking, day following the last Fiscal Period for which payment has holding and prAparing for such disposition and deductir;q been made hereunder, I Pso 3 of 4 tY k*mo ",W i.mmm a Askok a unenforceable, the patties zoo that the Machines shall he To secure th pa mdnt of the TV( Time Sale Price, BM deemed to have beet/ Install under IBM's State and Local rewrwtm a pure money setiur~ry intgrsalt In each oil the QovFratment~., Plain pursuant to ~h terma an cohOl- DOI MAOeiiltes, and the' Customer hereby ' grants a security tlons 4f IBM's a gable ogreement an /or arr►en mee at Interest In Any aubatittttlona, replacements, accessions, and IBM's applioabie.,ease Plsn Monthly 0harggeo commerio- additions thereto and the proceeds thereof. Suoh' Interest PIng of u with. the the a in",l For or the fEfteclive tale of shall be satisfied by payment In full of the Total Tlme Sale Poldhing, g, of IBM the shall credit For the ppeeclod prior to elan Price. A Copy of this Installment Payment Agreement may Monthly hod Charges ll the credit to amounts the paid b by the y theablst Lease flan omer nd a to IBM be filed with appropriate state and local authorities, at any under this installment n a a time after slgnatufs by the Customer, as a finanoing Payment Agreement and amounts statement In order to perfect IBM's security interest. Such aid by the customer for maintenance, property taxes and filing dose not constitute acceptance of this installment fnauranoe. Any excess credits will be refunded to the Payment Agreement by IBM. The Customer also shall Customer, and any deficiency shall be due to cess but In no execute from time to time, alone or with IBM, any flnanoing event shall any amount be that due to IBM In excess of funds statements or other documents and do such other `s:, )r approprlated, In the event the affected Machines are ~i staff available from 18M under a /season rental agreement, at acts cor sidered by IBM to be necessary or desirable to the time of such holding, the Customer and IBM will agree perfect ,,r protect the security Interests hereby created The upon a fair and equitable Lease Plan Monthly Charge for Machines shall remain personal property, not become fixtures to real property, and be kepi at; the period prior to and ing such holding and, Other- wise, the provisions of this his Sect on shall apply, If any provision or provlslons of this Installment Payment _ 21 ate` Mr-xi,,,, Agreement shall be held to be Invalid, Illegal or unenforce- NW- wdrou) able, and the preceding paragraph does not apply, the Denton Danton Texas valld4y, legality and enforceability of the remaining provi- (Gt+) (County) (state> sions shall not In any way be affected or Impaired tnereoy. where IBM may inspect them at any reasonable time. THE CUSTOMER ACKNOWLIDGE$ THAT THE CUSTO- MER HAS READ THIS AGREEMENT, UNDERSTANDS Gorwoll f AGREE T BE $ UND`BY f~T~ RMS ANpp CON. lyttt IONS, BY IOU$TOMI 1 SIGNATURE If the Net Unit Price for any Machine Is adjusted as BELOW, ACXNOWL90GEts THAT THE CUSTOMER IS provided In the referenced Agreement, or the trade-In LEGALLY AUTHORIZED TO ENTER INTO THIS AGREE- allowance for any trade-in equipment Is adjusted as pro- MENT. FURTHER, THE CUSTOMER AGREES THAT vided in an applicable IBM trade-In agreement, Items No.1 THIS INSTALLMENT PAYMENT AGREEMENT, THE through 11 In the Statement of Transaction and the REFERENCED` AGREEMENT AND SUPPLEMENT AND Payments herein agreed to be pald shall be adjusted, and ANY APPLICABLE ISM TRADE-IN AGREEMENT CON. this Installment Payment Agreement shall be deemed to be STITUTE A SINGLE AOR96MENT AND THE COM• amended accordingly. PLATE ANP EXCLUSIVE STATEMENT OF THE AGREE- The terms and conditions of this Installment Payment MENT BETWEEN THE CUSTOMER AND IBM, WHICH Agreement shall prevail notwithstanding any variance with SUPERSEDES ALL PROPOSALS OR PRIOR "AGREEE the terms and conditions of the referenced Agreement. MENTS, ORAL OR WRITTEN, AND ALL OTHER COM- Should this Installment Payment Agreement and/or the MUNICATIONS BETWEEN THE PAnTI9S RELATING referenced Agreement be held by the courts to be invalld or TO THE SUBJECT MATTER HEREOF. Received by IBM at W~rkh OfNOe Name/Number By ...................................Manapa... Signature Name (1 YPe or Prinl) Accepted by, Intematlonal Business AIlacttinty Corporation CX:a 0 Di t`nx customer By Authon,W.SIgnature By AuthorIZ#d$~ fturo..... Name {'fYPe or Prfn1j,, ...........................Bate Name (Type GI Prints ........................bate PLEASE PRESS MRMLY 'METH BALL POINT PEN ON A HARD SURFACE FOR MAXIMUM LEOINILITY. I1962Tf1~00 (M~r. Or/M) 11/Ie tkf Pap4of4 1 '1. CIrYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 KMRANDUM `blot U. Chris Hartung ' PROM: Gary A. Collins DAIM, : December 11, 1984 SUBJWrt nA`i'A PROCESSING ADVISORY BOARD Unfortunately, at the regularly called LTieeting of the Data Processing Advisory Board on December 10, 1984 we did not have a quorum of members, Consequently, no votes were taken on any of the agenda items. Mr. Gary Collins of the City's Staff discussed with Mr, Dale Maddry and Mr. Ron McDade the need for arm additional Disk Drive and the fact that IBM Corporation was the only bidder on this equipmnt, The two men+bers present agreed th' s bid was consistent with past purchases of this type of equihximent. Additionally, Mr. Gait' Collins discussed with Mr, Maddry and Mr. McDade the implementation schedule of the proposed autonat:ed systems for the current fiscal year and through the first quarter of the next fiscal year. Mr. Collins reviewed the purpose of each of the proposed systems and explained the priorities of these systems had been established by the Data Processing Steering Committee. Mr. Collins also discussed with Mr. Maddry and Mr, McDade the need to have a contract with TRES Corporation for a custom programming service on the Utility Billing System known as "CIS" and the Payroll/Personnel System known as "PIS". Mr. Collins explained that the City of Denton has entered into this type of contract with TRES the past two years and that these funds were budgeted in the current fiscal year budget. Also, Mr, Collins explained that this type of contract eliminated the need for multiple smaller contracts and established a maximum amount tq;be spent; with TRES Corporation in the next fiscal year. Goth Mr. Maddry and Mr, McDade agreed that this contract was preferable to multiple contracts and was consistent with actions taken the past two years. Pays 2 Since thkare was not a quonnn presant the Data Processing Advisory Board did not make any recc mx)ndations for the City Council but the two mernbars present did feel the proposed actions were reasonable and consistent with past year's actions, If you have any questions about this matter please feel free to call me at any Limo, Gaj#5~ A, Collins Director, Data Processing GAC/pmj cct Betty McKean CITY COUNCIL AGENDA BACK-UP SUWARY SHEET DATE OF MEETING; December 18, 1984 COUNCIL AGENDA ITEM Consent/Ordinance SUBJECT; BID #9373 TRANSFORMER LOSS TEST SET SUMMARY: This bid is for the purchase of testing equipment to determine the losses associated with distribution transformers. This will enable us to purchase and install the most economical transformers based on an expected lifetime cost of operation, ACTION REQUIRED: Approval by Council and Award of Bid SOURCE OF FUNDS: 1984-86 Budget Funds Account Number 610.008- 0252-9232»E394 Electric Distribution Capital Expenditures RECOMMENDATION: We recommend this bid be awarded to the lowost bidder of. American NV Test, Inc, c/o Haenszel Sales in the amount of $9,300.00, with delivery in 75 days. EXHIBIT: Tt,bulation Sheet SUBMITTED BY:-- Tom D. Shaw, C.P.M. Assistant Purchasing Agent nt.n If 9373 HID 'VIT1,[,._.LOSS._ ESLAMERICAN ULTI- HY TEST AMP nrrNrn SYSTEMS INC. ACCOUNT ZIVI U UTION _ VENf)dHw VENDOR VENDOR-_ VRNDOR_ VRNDOR VF.NUOR V~SNUUR 1 1 Transformer LossTest Set - 99300,00 10,324,75 Model TTS-17 LTS - 167 --Del i_very 75 Days 28 Days y _ `V - i F 0 B _ Denton Denton CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATE OF MEETING: December 18, 1984 COUNCIL AGENDA ITEM Consent/Ordinance SUBJECT: BID #9374 TREE TRIMMING FOR MISC. ELECTRICAL LINES SUMMARY: This bid is for the trimming of trees to clear overhead electrical distribution lines, This is an onggoing project for which a specific amoui,t of dollars are budgeted each year. The intent is to pprevent wind and ice damage to the Electric Distribution Overhead System, ACTION REQUIRED: Approval by Council and Award of Bid SOURCE OF FUNDS: 1984-85 Budget Funds Account Number RECOMMENDATION: We recommend this bid be awarded to Whitmire Line Clearance at the price of .55 per foot for open easement and $1,10 per foot closed easement. The entire contract will not exceed $100,000.00 total. Our recommendation to accept the bid of Whitmire over the bid of Trees, Inc, is based on Whitmire's past record with the City of Denton and the expanded proposal offered by Whitmire. EXHIBIT: Tailbulattio eet SUBMITTED BY: Tom D. Shaw, C,P,M. Assistant Purchasing Agent BID TREES, INC, HokrON WHITMIRE ASPLUNDH ap~ttt.n _._..IZ IInH- NORTHEAST LINE SERVICE CLEARANCE ACcouN'r INC, INC QTY, _ -1M.L DKSCRLpTiO1{ VrNbOK , VP.N[)OR V'sNUgR ^ ~ VRNDUR VENDOR VENDOR VENIM _y 1 A. Open Easement _ .40 8BO 155 ~.90 W~,.._Iasgd Easement NB 1,0Q__ _ _ NO, AN ORD''NANCE APPROVING AN AGREEMENT TO PROVIDE CERTAIN PROGRAM SERVICE N ON THE UTILITY BILLING SYSTEM AND PAYROLL-PERSONNEL SYSTEM DURING VISCAL YEAR 1984.85 BETWEEN THE CITY AND TRES SYSTEMS, INC.; AUTHORIZING THE EXPENDITURE: OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVX DATE. WHEREAS, Section 2.36 (f) of the Cade of Ordinances 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 tits expenditure of funds or for the contracting of indebtedness shall be by ordinance; and WHEREAS, on April 20, 1981 the City of Denton and TRES Systems, Inc. entered into a "Primary Agreement" to provide computer and other related support services; and WHEREAS, under the Agreement the City had the right to accept additional services from TRES Systems, Inc. by entering into "Job Orders" une,er the terms and conditions of the Agreement; and WHEREAS, the City denires to reoeivn additional support services pursuant to the Agreemert and "Job Order" specified herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS) HEREBY ORDAINSt SECTION 1. That the "Job Order" Attached hereto, placed pursuant to the Primary Agreement to provide custom program services on the Utility Billing System and Payroll-Personnel System for fiscal year 1984-85 is hereby approved and the Mayor is authorized to execute the "Job Order" attached hereto and approved herein. SECTION It. That the City Council authorizes the expenditure of funds in the maximum amount of $25,000 for the Job order so authorized pursuant to the Primary Agreement. SECTION in, 'chat this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of 1984. RI~WD O.-MM7CIF'C ;,MAYOR CITY OF DENTON, TEXAS ATTEST: 'i"1`Ff ALLEN3 CITY OF DENTON) TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: t CITY of DENTON, TEXAS MUNICIPAL. BUILDING / DEN TON, TEXAS 76201 / TEI,EPHONt: (817) 566.8200 WWRANDUM 7n~ G. Chris Hartung / Fitt Gary A, Collins DATES December 11, 1984 SU11JECTi DAI%A PROCESSING ADVISORY HOARD Unfortunately, at the regularly calle( meeting of the Data Processing Advisory Board on December 10, 1984 we did not have a quorum of members, Consequently, no votes were taken on any of the agenda items. Mr. Gary Collins of the City's Staff discussed with Mr, Dale Maddry and Mr, Ron McDade the need for an additional Disk Drive and the fact that IM Corporation was the only bidder on this equilm)ent. The two members present agreed this bid was consistent with past: purchases of this type of equipimt. Additionally, Mr. Gary Collins discussed with Mr. Maddry and Mr. McDade the implementation schedule of the proposed automated systems for the current fiscal year and through the first quarter of the next fiscal year. Mr. Collins reviewed the purpose of each of the proposed systems and explained the priorities of khese systems had been established by the Data Processing Steering Conmittee, Mr. Collins also discussed with Mr. Mad dry and Mr. McDade the need to have a contract with TRES Corporation for a custom programming service on the Utility Billing System known as "CIS" and the Payroll/Personnel System known as "EIS", Mr. Collins explained that the City of Denton has entered into this type of contract with TRES the past two years and that these funds were budgeted in the current fiscal year budget. Also, Mr. Collins explained that this type of contract eliminated the need for multiple smaller contracts and established a maximum. amount to,be spent with Tmz Corporation in the next fiscal year. Both Mr, Maddry and Mr. McDade agreed that this contract was preferable to multiple contracts and was consistent with actions taken the past two years. Page 2 f since there was not a quorum present the Data Processing Advisory ward did not make any rccommndations for the City Counoil Wt the two nmuLvrs present did feel the proposed actions were reasonable and consistent with past year's actions. If you have any questions about this matter please feel free to call me at any time, .Co Ms Directors Data Processing GAC/pmj cot Betty McKean t S SY INC. 1075 Add*n P40 Owl" T*X#* 76M 21444""7 December 10, 1994 Mr. Gary Collins City of Denton' 324-A East McKinney Denton, TX 76201 Dsar Garyt Enclosed is Job Order 0.16 for a total not to exceed $25,000 for Professional Services and expenses related to the TRES Employee Information System and the TRES Cutrtomer Information system. We are looking forward to supporting your Professional Serviges needs in 1995, Best regards, a W. Noneman egional Service Manager JWN/js Enclosure t G 9 TFsES sY Eiil l INC. a Coeiti Data Company PROFESSIONAL SERVICES JOB ORDER No. 016 CLIENT NAME PA No. City of Denton 758 ADDRESS DATE 324-A East McKinney 12-18-84 CITY STATE YIP Denton Texas 76201 t. 50B STATEMENT; TRES Is authorized to provide to Client consultation, training, education, minor oustomixation, and/or major oustomization as periodically requested by Client in reference to the TRES Employee Information System and TRES Customer Information System, Charges for A.il such services provided hereunder will be invoiced to and paid by gii`,ti Cf under i!4e TRES Standard Rate Schedule attached hereto and at such tiipe's , a ,!f r'fy ,r) soi e ~~~i In. Primary Agvaement 7513.The Total. Estimated TRES Charges aeit eq+ t v 1p' h6reinaft"s.x ilro tseTloby ck,fl.ned as representing an upper limit of ur~Yr ~)~ftlliir~7, ~ryr'v,i,cela to }~a provi(AO horgi idr:t,, TRES will not provide nor will Clitaa:t dc66tk )Arvicosi in Dxora si> of ;+tich to>t0, cair.rges hereunder unless such excess i expres:lly 4.7%Qo'd to in writing by both partios hereto. AUTHORITY: EACH PARTY HAS FULL POWER AND AUTHORITY TO ENTER INTO, PERFORM, AND EXECUTE THIS AGREEMENT, AND THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF EACH HAS BEEN PROPERLY AUTHORI7ED AND EMPOWERED TO ENTER INTO AND EXECUTE TUIS AGREEMr-.N';, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT, IN WITNESS HEREOF, Client and TRES have executed this agreement as of the date first indicated above. 2. ESTIMATED TRES CHARGES; (A Standard Rate Schedule(s) is attacheflThe estimated charges are: Professional Computer Wood Relmbmsable Olher total Services Services Processing Expenses 24,200 r 800 25,000 AGREED to ACCEPTED BY; CLIENT TRSS Systems, Inc. City of Denton NAME NAME Nelson G. Hamrick TITLE TITLE Senior Vice Precoident GATE DATE December 18, 1984 By (Authontai Signature) 8y Aulhorited Slgnalytet AN EQUe?, OPPORTUNITY VENDOR k, N0. AN ORDINANCE APPROVING THE SALE OF 0.142, ACRES OF REAL PROPERTY AS DESCRIBED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS TRANr,FEKRING TITLE; AND PROVIDING FOR AN EFFECTIVE DATE. WHkRF,AS, the City of Denton is the owner of real property as described herein; and WHEREAS, the City Council has determined it would be in the beat interest of the City to dispose of the property; and WHEREAS, the City Council, in accordance with the provisions of Article 542le-12 V.A.T.S., has determined that the property is of a size as to be incapable of being used independently as zoned, and may be sold to the abutting property owners; and WHEREAS, in accordance with state law, the City Council has offered to sale the property to the abutting owners in an amount for no lose than its fair market value; and WHEREAS, the abutting property owners have accepted the City's offer to purchase the property for the amount stated herein; NOW THEEREFRE: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the real property owned by the City of Denton and con- taining approximately 0.142 acres of land, or 6,185.52 square feet, located at the intersection of. W. Prairie and Carroll Boulevard, shall be sold to the abutting property owners at a price of $1.50 per square foot or Nine Thousand Two Hundred Seventy-eight and 28/100 ($9,278.28) Dollars. SECTION It. That upon receipt by the City of the amount stated above, the Mayor is authorized to execute a general warranty deed conveyingg title to the abutting owners of the following described property; All that certain tract or parcel of land situated in the Witliam Loving Survey, Abstract 759, Denton County, Texas, being a part of a certain (called) 0.379 acre tract deeded by Saddie L. Moore, at al to the City of Denton Texas on the 22nd day of December, 1969 recorded in Volume 599, Pale 104, deed records of said county, and being more fully described as £ollpws; BEOINNING at the northeast corner of said 0.379 acre tract, said point lying in the south boundary line of West Prairie Street; THENCE south 00°26'52" east a distance of 155.12 feet to a point in a Called 20 foot alley; THENCE south 89°39'41" west a distance of 40.0 feet to an iron pin; THENCE north 00°26'52" west, 10 feet from and parallel with the east curb of Carroll Boulevard, a distance of 155.20 feet to an iron pin; THENCE, north 89045157++ east a distance of 40.0 feet to the point of beginning and containing 0.142 acre of land. SECTION Ill. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained, PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the , day of , 1981 RICHARD 0, , MAYOR - CITY OF DENTON, TEXAS ATTEST; CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: r ~p~p~A_C WTOKNEY C# Y OF DENTON, TEXAS ...e.a11~11'A A7aff> +~1MIM'6i~ck IM CAr feN~Nal'Ar4elwiNaMl+nt4 MO ft00M0"014' Mo"j THE STATE OF TEXAS, ~ IcNOW AM MEN BY THESE PIiF,SEN'1'Bt COtWff Ofd' DENTON That The City of Denton, Texas, a Municipal Corporation of the County of Denton State of Texas , for and 6t considoratlon of the sum of TEN AND N01100 ($10.w) ..--------DOId.ARS , to it In hand paid by Hazel Young, Alice Alexander and Daisy Punch have Granted, Sold and Conveyed, and by tlieso presenld lu Grunt, Sell and Convey unto the aaid Hazel Young, Alice Alexander and Daisy Punch of the County of Denton State of Texas all that certain tract or parhal of land situated in the Wm, Loving Survey, Abstract 759, Denton -^.ounty, Texas, being a part of a certain (called) 0,379 acre tract deeded by Saddie L. Moore, at al to the City of Denton Texas on the 22id day of December, 1969 recorded in Volume 596, Page 104 deed recortio of said county, and being more fully described as folfowsl BEGINNING at the northeast corner of said 0,379 acre tract, said point lying in the south boundary lino of west Prairie Street; THENCE aouth 00°26'52" east a distance of 155,12 feet to a point in a called 20 foot glley- THENCE south 899'411 west a distance of 40.0 feet to an iron pin; THENCE north 00026152" west, 10 feet from and parallel with the east curb of Carroll Poulevard, a distance of 155,20 foot to an iron pin; THENCE north 89 45'57" east a distance of 40.0 feet to the point of beginning and containing 0,142 acre of land, TO HAVE AND TO HOLD the above described premises, together with all And singular, the rights and appurtenances thereto in anywise belonging unto the said City of Denton, TeXAa , a Municipal Corporation, its successors and aisigns bataanixnioor forever= and it does abeheroby bind its e;tccesrors and assign:. ~~It4trtkto Warrant and Forever Defend all and singular the sald premises unto the said Hazel Young, Alice Alexander4 and Daisy Punch, their heir. end assigns, agafnst every person whomsoever lawfully claiming, or to claim the came or e.ny pert thereof. Witness my hand at Denton County, Texas on this day of December A. D. to 84 Witnesses at Bequest of Orantorr THE CITY OF DENTON, TEXAS ATTESTr eYi CHARLOTTE ALUM, CITY SECRETARY -i-- _ 9,42E i N0. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A CHANGE IN ZONINO DISTRICT CLASSIFICATION FOA APPROXIMATELY 17.1 ACRES OF LAND, A$ MORE PARTICULARLY DESCRIBED WkEIN FROM AGRICULTURAL (A) DISTRICT CLASSIFICATION TO PLANNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION; .A.ND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; SECTION I. That the lining district classification of the property described in Exhibit A attached hereto and incorporated herein b reference, id hereby changed from agricultural (A) district classification to planned development {1'U} disrclct classification. SECTION IT, That prior to the issuance of any certificate of occupancy for the use of any building or structure within the planned development « district the following conditions shall be met; 1. Perimeter street pavicig requirements shall be imposed along the entire frontage of Paige Road, 2. Estate road conditions will be imposed on Swisher Road-a pavement width of twenty-four (24) feet without curbs is allowed for one acre lots with one hundred (100) feet or more frontage for single family use, 3. A six (6) foot solid fence will be erected along the south bboundary line of this development where it abuts Shiloh Cemetery. SY,C'TION III. That the planned development district shall be developed in substantial compliance with the silo plan attached horeto and incorporated herein by reference. SECTION IV. That the City Council of the City of Denton, Texas, hereby finds that such change to in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its poouliar toLtability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texaa, and its citizens. SECTION V. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the planning and zoning Z-1694/CURTIS D. HODGSON/PAGE I r. Commission And the City Council of the City of Dentoti,, Texas, after giving due notice thereof, PASSED AND APPROVED this the day of , 1984. CITY OF DENTON, TEXAS ATTESTr 7ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY; Z-1694/CURTIS D. HODGSON/PACE 2 Rob ,,N A 1 I/ l II I I I / 1 1 ~ l j, I 1 1 I i I''. 1 ! J.vJ~I ♦w~ ' wr...~4}.. w w~~ • • 1 1 ~ t JQtI i t I 1• i t DATAI Sv.! Total Grass .-lcres +r.,o ~l .r 'll Total S•7 Lots i3 rrtvnt,onl Total E rate Lots lk Pond ! Retention Pond 1. ac. ROW Dedicutmn 1,69 ac, i V r ~ i •AOf~1 an Ipprox,male' .44 •O 1 ~ NOIICf 111'1J/~' 1 r1 i ~ ~ cQUHrY ~ II \ I Y JI JIMf Vicinity `lop ROLLYNGWOOD t ESTATES An Addition to the City of Denton,Texas Developer, 1 RWGPI INC, 3336 Alpha Rd Dallas,Texas 73240 Contact, Curtis Hodgso,i »14/960^2791 Z-1694/CURTIS D, HODGSON/PAGr 3 EX1i2EiT iiA" To all that certain treat or ppaareal of land situated in the Gideon Walker Survey, Ab. No. 1330, in the County of Denton, Texas and being more particularly described as followso BEGINNING at an iron rod in or near the center line of Page Road at the Northeast corner of a 160 acre tract conveyed to Mrs. Morthe Thurman by John R. Henrys THENCE South 87 degrees 53 minutes 19 seconds East along or near the center line of Page Road a distance of It 172.20 feet to an iron rod for corner= THENCE South 03 degrees 02 minutes 39 seconds West varying from the East side of Swisher Road and back to the approximate center line of Swisher Road a distance of 1,09001 feet to a nail for angle point in or near the intersection of Swisher Road and Chapparal Drive; THENCE South 01 degree 21 minutes 18 seconds West along or near the center line of Swisher Road a distance of 1. 148.87 feet to a point for corner at the Northeast corner of Shiloh Cemetery; THENCE North 86 degrees 41 minutes 15 seconds West along or near a fence a distance of 137.00 feet with the North line of Shiloh Cemetery to a point for corner= THENCE along a curve to the left having a central angle of 70 degrees 50 minutes, 32 seconds, a radius of 290.00 feet, a tangent of 206.25 feet a chord bearing of North 22 degrees 33 minutes 45 seconds West, and a chord length of 336.16 feet to a point for corner; THENCE North 14 degrees 55 minutes 53 seconds East a distance of 77.62 feet to a point for corners THENCE North 04 degrees 58 minutes 11 seconds East a distance of 46.17 feet to an angle point; THENCE North s distance of 28.50 feet to an angle point; THENCE North 11 degrees 22 minutes 17 seconds West a distance of 91.29 feet to an angle point; THENCE North 04 degrees 05 minutes 08 seconds West a distance of 28.07 feet to an angle point; THENCE North 02 degrees 29 minutes 22 seconds East a distance of 69.07 feet to a point of curvature; THENCE along a curve to the left having a central angle of 56 degrees 36 minutes 31 seconds, a radius of 122.00 feet, a tangent of 65.70 feet, a chord bearing of North 14 degrees 31 minutes West, and a chord length of 115.69 feet to a point for corner; THENCE North 08 degrees 10 minutes 57 seconds West a di stance oe 309,15 feet to an aallis point; THENCE North 06 degrees 06 minutes 56 seconds West a distance of 28.16 feet to an angle point; Z-1694/CnTIS D, HODGSON/PAGE 4 ' 'Tt iioeh a distance of,~►~.00 test to to "$I* point= '1ytM North 10 degrees 04 obuta 50 seconds gait a distance of 91.41 feet to an angio point THEM North Ol degrees 11 minutes 37 seconds Nast a distance of 48.01 feet to an angl$ point, 71MWM North 05 degrees 55 minutes 53 seconds West a distance of 77,41 feet to a point for corner{ THENCE along a curve to 'the rigyht having a central an le of 86 degr"s 43 minutes 37 seconds,' a radius of 68.00 feet, a tangent of 64,21 feet, a chord bearing of North 43 degrees 15 minutes 52 seconds West and a chord length of 93.38 feat to a point of reverse curvature] THOM along a curve to the left having a central antl♦ of 52 degrees 49 minutes# a radius of 15.00 feet, a tangent of 7.45 feet, a chord bearing of North 12 degrees 59 minutes 31 seconds west, and a chord length of 13,34 feet to a point of tangencrt THENCE North 21 degrees 15 minutes 06 seconds West a distance of 19.31 feet to a point of curvature{ THENNCE'slong a curve to the right having a central as la of 76 degrees 19 minutes 22 seconds, a radius of 65.00 feet, a tangent of 51.08 feet, a chord beariag of North 18 degrees 53 minutes 10 seconds East, and a chord distance of 80.32 feet to 0 point of tangency; THENCE North 70 degrees 36 minutes 54 seconds East a distance of 57.25 feet to an angle pointl THENCE North 77 degrees 59 minutes 19 seconds East a distance of 48.05 feet to a point of curvature= THENCE along a curve to the left having a central angle of 74 degrees 19 minutes 20 seconds, s radius of 170.0 feet, a tangent of 128.86 feet, a chord bearing of North 39 degrees 16 minutes 11 seconds east, and a chord distance of 205.38 feet to s point of tangencyl THENCE North 03 degrees 29 minutes 57 seconds East a distance of 375.13 feet to s point for corned THENCE North 87 degrees 53 minutes 19 seconds West a distance of 972.20 feet to a point for corned THENCE North 02,degrees East a distance of 145.00 feet to the POINT OF BEGINNING and enclosing in all 17.1 acres, more or less. z-1694/CURTIS D. HODGSON/PAGE '5 953x. NO. AN ORDINANCE AMENDING THE ZONINQ MAP OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR A CHANGE IN ZONINQ DISTRICT CLASSIFICATION FOR APPR691MATRLY 49,41 ACRES OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN FROM AGRIOULTUL (A) DISTRICT CLASSIFICATION TO PLANNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION, ANC rROVIDINO FOR AN EFFECTIVE DATE. vk THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the zoning district classification of the property described in Exhibit "A" attached hereto and incorporated herein by reference, to hereby changed from agtlculturnl (A) district classification to planned development (PD) distrlot'elasstfication. SECTION It. That prior to the issuance of any certificate of occupancy for the use of any building or structure within the pladned development district. the following conditions shall be mete 1. Street widths within the development must be thirty-one (31) feet. 2. Proposed street alignw,nts meet be approved by the City Transportation Engineer and final approval of parking shall be reviewed by the Development Review Committee, 3. Perimeter street paving requirements along the entire frontsgge of Shady Shores Road (dedication by developer of fiFty (50) feet of right-of-way) shall be imposed during the platting process. 4. An eight (O) foot masonry/wood fence must bo erected along the southern property line on Shady Shores Road. 5. Trees shall be planted every twenty (20) feet along the eastern and northern boundaries of the property between this proposal and the proposed SF-7 and one acre estate lots. 6. Setbacks shall be as follows: Front: fifteen (15) feet Rear; ten 10) feet Side, six 6) feet. 7. Maximum lot coverage allowed will be forty (40) percent. 8. No building, dwelling, structure, or fences shall be built or placed on a lot without the approval of the Homeowners' Association. 9. Any dwelling which is erected or placed on a lot shall contain at Ieaet 900 square feet of living apace, shall, have a roof with at least a 3/12 pitch, shall have a shingle roof (no metal or 'gravel'), and shall have wood or masonry exterior (no metal). Z-1695/CURTIS D. HODOSON/PACE 1 r 10. Any dwelling which is erected or placed on a lot shalli (a) be $et at a distance of not more than twenty-five (25) feet and not less than fifteen (15) foot from the street unless such placement is impossible due to utility easements; and (b) be permanently attached to a concrete foundation; and (c) be finished or skirted to the gground with it material which is color-coordinated iiith the dwelling. The exact placomont of any dwol;ing or building on any lot shall first be approved by the Homeowners' Association. 11. All lots will be landscaped with grass, shrubs, trees, decorative stone, bark or other mate ral desi;;ned for landscaping. 'flee landscaping shall at all tlmes be maintained, which maintenance sootIl include; (a) regular mowing and watering of grass; (b) raking loaves; (c) trimming trees and shrubs; (d) edging along road, concrete and shrub boils; (o) trimming along buildings; and (f) sweeping and cleaning walks and drives. 12. No trash, debris, auto parts tools, equipment, vehicles, bicycles, or toys shalt be kept on any lot within view of the street or within view of adjacent property. 13. No antenna may be installed on any lot which extends for more than fifteen (15 )feet above the dwelling. 14. No parson may live on or about any lot for more than thirty (30) days in any twelve (12) month period unless said person is the owner of the lot or a member of the Immediate family of the owner of the lot. No renting: 15. All structures on any lot shall be kept in good repair, 16. Any fence constructed on any lot shall be of wood or 6asonry, shall not exceed six (6) feet in height, and shall be no closer tha- thirty (30) feet to the street. 17. No towels, rugs, or laundry shall be hunt- on or about any lot in such a manner that is visU le from the street. . 18, No mo"o than two (2) four logged pets may be kept on any lot. The owner of each lot: shall keep his pets on his property and shall insure that the pets stay off of the common areas. 19. if steps are required to enter the dwelling and the steps are visible from the street, then the steps must z-1695/CURTIS D. RODGSON/PAGE 2 be mado o` concrete or sa.isonry, AlternativoAy, a wooden dock arrangement may be ai ad which has as part of its structure steps which are roads of wood, provided that the deck has at least 80 square foot of i':oor area and provided, further, that. the (look arrangement be built in a good workmanlike manner with materials designed for outside use. Otherwise, no wooden steps are permitted, 20, The owner of each lot, his family, and his guests, shall at all times co 'I with those covenants and restrictions, and shallmp likewise comply with all rules which the Homeowners' Association adopts, SECTION III: That tho planned development district shall be developed in substatntial compliance with the site plan attached hereto and incorporated herein by refeeonce, SECTION IV, That the City Council of the City of Denton, Texas, hereby finda that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens, SECTION V. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having hereto ore been held by the Planning and 'Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of , 1984, i RICHARD 0. i ,7MWM CITY OF DENTON, TEXAS ATTEST: CWtOTTE ) CITY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: OOL~ Z-1695/CURTIS D. HODGSON/PAGE 3 Rood r.M~Ne M•1 NMti~M 0 100 tdp 700 I f fi ul' 1~ Tul9l 17fu94 .1Cfe~ 49.4 1 Total No. tit Lott 276 .\lin.Lut Width Id / Site 11,400 AVERAGE 40T 512E $404 ClImmun .\re'a 2.i7 1 9. (pool.pa,ihun•pJrk• Yrtun helU.fenml) / lrea in S:rceta 6.20 .1:. I J ~ a~ ` ' ~ 1+ yl l I ~~1 1 r \ E % / y'icanuy ~IJy PROPOSED PO ,hlluh ROI.L1NGNIVUOD i cemeter> ESTATES 1 Developer, y 1~ lr, .1n ;liddirtmon to the City of Dewon, Te\JN WoP. INC. 3336 .1kiph9 Rd. ContAl (T'urrtli Hi),ji~ In J Shady Shines ~RoAd~ W r ~4) 96+>' 2ti 91 Z-1695/CURTZS D, HODGSON/PAGE 4 EXI:IBIT "A" 0 SO VEYOR'S NOTES ~t To all that certain tract or parcel of land situated in the Gideon Walker Survey, Ab. No, 1330, in the County of Denton, Texas and bfing more particularly described as follows; BEGINNING at an iron rod in or near the center line of Page Road at the Northeast corner of a 160 acre tract conveyed to Mrs. Martha Thurrwo by John R, Henry; THENCE South 87 degrees 53 minutes 19 seconds East along or near the center line of Page Road a distance of 1, 172,20 feet to an iron rod for corner= THENCE.South 03 degrees 02 minutes 39 seconds West varying from the East side :~f Swisher Road and back to the approximate center line of Swisher Road a distance of 1,090,31 feet to a nail for angle point in or near the intersection of Swisher Road and Chapparal Drive; THENCE South 01 degree 21 minutes 18 seconds West along or near the cc-uter line of Swisher Road a distance of 1, 148,87 feet to a point for corner at the Northeast corner of Shiloh Cemetery; THENCE North 86 degrees 41 minutes 15 seconds West along or near a fence a distance of 137,00 feet with the North line of Shiloh Cemetery to a point for corner; THENCE along a curve to the left having a central angle of 70 degrees 50 minutes, 32 seconds, a radius of 290.00 feet, a tangent of 206.25 feet a chord bearing of North 22 degrees 33 minutes 45 seconds West, and a chord length of 336.16 feet to a point for corner; THENCE North 14 degrees 55 minutes 53 seconds East a distance of 77.62 feet to a point for corner; THENCE North 04 degrees 58 minutes 11 seconds East a distance of 46.17 feet to an angle point; THENCE North a distance of 28.50 feet to an angle point; THENCE North 11 degrees 22 minutes 17 seconds West a distance of 91.29 feet to an angle point; THENCE North 04 degrees 05 minutes 08 seconds West a distance of 28,07 feet to an angle point; THENCE North 02 degrees 29 minutes 22 seconds East a distance of 69.07 feet to a point of curvature; THENCE along a curve to the left having a central angle of 56 degrees 36 minutes 31 seconds, a radius of 122,00 feet, a tangent of 65.70 feet, a chord bearing of North 14 degrees 31 minutes West, and a chord length of 115.69 feet to a point for corner; THENCE North 08 degrees 10 minutes 57 seconds West a distance of 309.15 feet to an angle point; THENCE North 06 degrees 06 minutes 56 seconds West a distance of 28.16 feet to an angle point; Z-1695/CURTIS D, HODGSON/PAGE 5 > XH%$IT` "Ali' THENCE North a distance of 47900 foot to an 44614 point; 00 THENCE North 10 degrees 04 Vinutee $0 seconds East a distance of 91.41 feet to an angle point) THENCE North 01 degrees 11 minutes 37 seconds East a distance of 48.01 feet to an angle point; THENCE North 05 degrees 55 minutes 53 seconds West a distance of 77.41 feet to a point for corner; THENCE along a curve to the right having a central angle of 86 degrees 43 minutes 37 seconds, a radius of 68.00 feet, a tangent of 64.22 feet, a chord bearing of North 43 degrees 15 minutes 52 seconds West and a chord length of 93.38 feet to a point of reverse curvature; THENCE along a curve to the left having a central angle of 52 degrees 49 minutes, a radius of 15.00 feet, e, tangent of 7.45 feet, a chord bearing of North 12 degrees 59 minutes 31 seconds West, and a chord length of 13,34 feet to a point of tangency: THENCE North 21 degrees 15 minutes 06 seconds West a distance of 19.31 feet to a point of curvature; THENCE along a curve to the right having a central angle of 76 degrees 19 minutes 22 seconds, a radius of 65.00 feet, a tangent of 51,08 feet, a chord bearing of North 18 degrees 53 minutes 10 seconds East, and a chord distance of 80.32 feet to a point of tangency] THENCE North 70 degrees 36 minutes 54 seconds East a distance of 57.25 feet to an angle point; THENCE North 77 degrees 59 minutes 19 seconds East a distance of 48.05 feet to a point of curvature; THENCE along a curve to the left having a central angle of 74 degrees 19 minutes 20 seconds, a radius of 170.0 feet, a tangent of 128.86 feet, a chord bearing of North 39 degrees 16 minutes 11 seconds east, Ind a chord distance of 205.38 feet to a point of tangency; THENCE North 03 degrees 29 minutes 57 seconds East a distance of 375.13 feet to a point for corner; THENCE North 87 degrees 53 minutes 19 seconds West a distance of 972.20 feet to a point for corner; THENCE South 02 degrees West a distance of 2,168.42 feet to a point for corner; THENCE. along a curve to the right, having a central angle of. 12 degrees 14 minutes, 15 seconds, a radius of 20914.79 feet, a length of 622.55 feet a chord bearing of South 37 degrees 09 minutes 59 seconds East, and a chord distance of 621.37 feet to a point for corner; THENCE South 86 degrees 49 minutes 14 seconds East a distance of 585,27 feet with the North right-of-way of Shady Shores Road to a point for corner; THENCE North 00 degrees 23 minutes 01 seconds West a distance of 426,10 feet to a point for corner; THENCE South 86 degrees 41 minutes 15 seconds East a distance of 68,44 feet to the POINT OF BEGINNING and enclosing in all 49.41 acres of land. z-1695/CURTIS D. IiODGSON/PAGE 6 CIrvot oBNTON, rEXA$ MUNICIPAL BUILDING / DE'NTON, TEXAS 76201 / TELEPHONE (P;7i 566.8200 Office of the City Manager M E M 0 R A iN D U M 10; Betty McKean, Assistant City Manager FROM; Vic Boyer, Administrative Assistant DATE; December 12, 1984 SUBJECT; Texas Municipal League Region VIIJ. Conference The attached ordinance has been drafted in order to allow an expenditure which may exceed $3,000 for the 'texas Municipal League Region 8 meeting that we will host on January 17, 1985, 1'he expenditure will be for the dinner costa of $11,15 per person, If over 270 persons attend, the expenditure for food will exceed the $3,000 limit that requires Cityy Council approval, Please note that whatever the final total ls) all of it will oe paid for tram ticket revenues, Please let me Know if you have any questions on this matter, Victor M, Boyer U Administrative Assistant lj Attachment 2043M ' 00501+. ^ NO. AN ORDINANCE AUTHORIZING THE EXPENDITURE. OF FUNDS BY THE CITY OF DENTON FOR HOSTING A BUSINESS MEETING AND BANQUET FOR THE TEXAS MUNICIPAL LEAGUE, REGION 8; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council will be hosting a business meeting and banquet for the Texas Municipal League, Region 8; and WHEREAS, Section 2,36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS; SECTION I. That the City Council hereby approves the expenditure of funds in an amount in excess of $3,000 for expenses in hosting the Texas Municipal League, Region 8 meating. SECTION It. That this ordinance shall become effective immediately upon its passage and approval.. POSED AND APPROVED this the day of , 1984. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTESTi Ct MLOTTE ALLEN, CITY SECRETM CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORMi JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTONO TEXAS BY: RE S O L U T I O N WHEREAS, the Director of the Personnel/Employae Relations Deppartment for the City of Denton, Texas has presented a proposed policy regarding employee vacation/bonus time for consideration by the City Council; and WHEREAS, the City Council desires to adopt such policy to replace the existing policy on employee vaoetion/bonus time adopted by the Council by Reeolur,ion on August 21, 1984; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON$ TEXAS, THAT: SECTION 1. The following policy, attached hereto and made a part hereof., is hereby adopted as an official policy of the City of Denton, Texaar Vaoation/Bonus Time (Reference No. 107.03) SECTION II. The foregoing policy 4 attached hereto and made a part hereof aid shall be filed in the official records of the City of Denton w 'th the City Secretary. SECTION III. The policy entitled vacation/bonus time adopted by Revolution on August 21, 1984 is hereby rescinded. SECTION IV. This Resolution shall be effective immediately after its date of passage and approval. PASSED AND APPROVED this the - day o` , 1984. KICWD 0. STEWART~ MAY 9 CITY OF DENTON, TEXAS ATTEST; CITY OF DENTON* TEXAS APPROVED AS TO LEGAL FORM: JOE n. MORRIS, ACTING CITY ATTORNEY CITY OF DENTONt TEXAS BY I~MWf 6. , ~ L-. V I TY (J#'dENT6AP PAGE i Oa POLIMADI11NISTRATIVE PROOEDIIRE/ADMINIATRATIVE DIREOTIVX a'~liPL~RENC~ SECTION NUMBER: VKRSONNEG/EMP1,OYEE RMI.ATIONS 107.03 EFFtiCTIVE DALE: SUBJECT: WAGE AND SALARY PI.AN 12 18 84 REPLACES TITLE: VACATION/BONUS 'l'l.ME 8-21-•84 POLICY STATKMENTI VgcatLii,on. It is the policy of the City of Denton to provide vacation pay and flours to all regular employees who have completed six (6) full months of employment, Vacation hours for eligible employees are accrued on a monthly basis. Pay in lieu of taking vacation is not permitted except upon termination. An employee is not 'eligible to receive or use vacation hours until he or she bas completed six (6) full months of regular employment. Vacation hours may not be used in advance of the hours being accrued. Vacation time for full-timo non-Civil Service employees is currently accrued at, the mite of eight (8) hours pov month of continuous service. The following schedule indicates future increases in monthly accruals for non-civil service nmployoest 8ffectiv-e Date Monihly_ Accryal Rite February 1, 1985 9 hours per month June 1, 1986 10 hours per month The intent of this vacation benefit is to provide time away from the work environment to puraue activities that will promote the well--being of the individual and good physical, mental, and emotional health. In accordance with this provision, all full-time regular employees will be required to take at ).east five (5) days of vacation per year. Vacation accrual rates for Civil Service employees are covered in Vernon's Annotated Civil. Statutes Article 1269, Section 3•-2.1. 1Bonus Time In addition to regular vacation, the city of Denton also awards bonus time to regular full-time non-Civil Service employees who 'have completed five (5) continuous years of full-time (part--time employees are not eligible for this benefit) service to the City. Upon completion of five (5) years of continuous sovvice, each employee shall receive four (4) hours bonus time. For every year of continuous service thereafter the employee will receive an additional four (4) hours for successive years beyond the fifth anniversary. Pnga 2 '0~._.4 . PIOLIMADMINIS:RATIVE FROCI DUR£/ADMINISTRATIVE DIRE-0TIVbI (potttlauad) TITM NUM88AI 107.03 F x riigpLg, ~ Dentin _Awar4 5th Anniversary 4 [{ours 6th Annivorsary 8 Hours 7th Anniversary... 12 Hours,., 't'his award conLinues until regulate full.-time servico with the Cit;, has ended, Bonus Lime Is tiwavdod annually on the employoos' anni.vovaary date. Pay in liou of taking bonus Limu is not permitted except upon LovmtnaLi.on. Civil Service employoos are eligible for bonus ti.mo a'ter the completion of Len (10) years of continuous service, Bonus accruals will begin on the tonth anniversary and continue for each year of continuous service. Bonus accrual rates for Civil Service employees aret Police 4 hours par year Fire 6 hours* per year * {Proration based on twelve (12) hours equal one (1) day which is the calculation used to dotermine hourly rate.) Bonus accruals are four (4) hours (6 hours Fire) per year for ovary year of continuous service and are awarded annually on the employees' anniversary date, hffeeLivo OcLobov 1, 14871 Civil Service employoos will begin accruing bonus Lima on the fifth anniversary (five years of continuous service), Maximum Carry-Over The maximum allowed carry-over of vacation and bonus Lime is 320 hours per calendar year (January through Docembev) for all non--Civil service elployees and Police Civil Service employees. Fire Civil Service employees shall be allowed 490 hours per calendar year. An employee may accrue as many hours of vacation as possible throughout the calendar year; however, it is the employee's responsibility to ensure that their accrual is below the maximum allowable {tours by Decembov 31 of any particular year, Regular Part-Time Employees (Includes 1/2 and 3/4 time workers) Part time employees accrue prorated vacation hours determined by their budgeted pay classification: half time - 4 hours; three quarters = 6 'lours. These employees will not accrue bonus time. Employees holding more than one part-time position may not accrue more vacation hours per month than a full--Lima employee. (Soo Part•-Time Policy 0.06.08). Seasonal and Temporary Employees Temporary and seasonal employees shall not earn or accrue vacation/bonus time or be entiLled to vacation/bonus time pay upon separation. { b~ CITY& Dkh:NTON, T XAS MUNICIPAL 13UILOING ~ D NON, TEXAS 7620) ~ muzP110NE (817) 566.8200 MEMORANDUM __•-.-r T0; Betty McKean, Assistant City Manager FROM; Kathryn Usrey, Director Personnel/Employee Relations DATE: December 4, 1984 SUBJECT; Vacation/Bonus Time Policy Attached is a draft of the Vacation/Bonus Time Policy with proposed changed incorporated, The draft includes changes to incorporate recommenc,i'tons from the City Attorney's office as well as suggestions from the Police and Fire Departments, The City Attorney recommended wording changes to clarify rules regarding accrual, in particular, with Civil Service employees, That clarification has been provided, The major changes in this policy come from discussions in the Fire and Police Departments, You will recall that the policy adopted was met with considerable dissatisfaction from the Fire Department, since they felt it reduced their benefits. After considerable discussion and research, it was determined that the only way to make this policy fair to all employees was to increase the vacation benefit of Non-Civil Service employees to the level of Civil Service employees, To accomplish this goal of equalizing vacation benefits, we are proposing two things; 1. Increase Non-Civil Service vacation accrual from twelve (12) days per year to fifteen (15) days per year,-- - 2. Reduce the number of years of continuous service needed for Civil Service employees to be eligible for bonus time from ten (10) years to five (5) years, The increase in Non-Civil Service vacation accruals will be spread across three (3) years (eight hours or one day per year) as indicated below. FY ADDITIONAL HOURS NEEDED RATE OF ACCRUAL EFFECTIVE DATE PER YEAR PER MONTH 1983-84 «0- 8 1984-85 8 (1,day) 9 February l 1985 1985-86 16 (2 days) 10 June 1, 1986 1986-87 24 (3 days) 10 Page 2 December 4, 1984 Vacation/Bonus Time By increasing the accrual rate to nine (9) hours a month on rebruary 1, 19850 the employees will accrual an additional eight hours or one day by the c:nd of September, 1985, During riscal Year 85/86 employees will need to accrue an additional sixteen (16) hours over our current accruals. The nine (9) hour accrual rate will produce an additional twelve (12) hours by the end of September 1986, Since sixteen (16) hours are needed the rate of accrual will be increased to ton (10) for the last four months (from June 1, 1986), During the last year the accrual rate will remain at ten for the full twelve months to add the necessary twenty four hours or three days. Once the Non-Civil Service vacation benefit is fifteen days per year (October 1, 1987)9 the bonus time rules for Civil Service employees will change from ten years to five years, One other addition to this policy is the requirement that employees use five days vacation per year, The intention of this requirement is to 1) further the intent of this benefit, and 2) to help avoid the employee losing any Jacation/bonus time due to excesiA ve accruals, Although it will not eliminate the latter problem it will help prolong an individual accruing the maximum number of houq,,that can be carried over. Our intention is `to take this policy back to City Council for adoption on December 180 1984, Should you have any further questions or concerns regarding this policy, please let me know, tVAyn _Dir ector onnel/Employee Relations KU/ch 2259P/0050P R F S 0 L U T I 0 N WHEREAS, the regular Council meeting )f the City of Denton scheduled January 1, 1985 is an official holiday, therefore, it is necessary that the Council meeting for such date be postponed until January 8, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the regular Council meeting to be held on January 1, 1985 be postponed until January 8, 1985. PASSED AND APPROVED this the 18th day of December, 1984, RICHARD 0, CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALUNI CITY RETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL. FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY. ~i ciryof oammN, rags MUNICIPAL BUILDING / 06N TON, TEXAS 76201 / TELr:PHONE (817) 566,8200 M E M O R A N D U M A M O Y 01 m O p O DATE : December 13, 1984 'ICU: G. Chris Hartung, City Manager FROM: John F. McGrane, Director of Finance SUBJECT: Hack Up Information For Counoi.l Agenda I have just been informed by the auditors Arthur Andersen 4 Co., that we will not have any backup information regarding the Comprehensive Annual Financial Report tri time to be sent with the agenda. It is anticipated that a final draft of this information will arrive either Friday, December 14th or Saturday, December 15th. This information will then be delivered to the Council by special cour:;.er and, in addition, a final copy will then be provided to Council at the Council meeting Tuesday evening. If you have any questions, please advise. c JFMcG/cyb 1309F C/TYol DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (8171566-8200 M E M O R A N D U M TO; City Council FROM; Jerry Clark, City Engineer DA'T'E: November 26, 1984 RE; Wye-Robertson Railroad crossing A small drawing of this area is enclosed. W e and Robertson Streets run parallel up to the railroad crossing at the minor crest of a small hill. Jackson Street also comes into the intersection less than fifty feet to the east. The end result of all these streets coming together at a railroad crossing on a small crest makes proper intersection design very diffinult, We have addressed the problem through field data gathering and some preliminary designs of the possible connections, We did not arrive at a design that would meet AASTO standards, city subdivision regulations) or good engineering practice, 't'herefore, we are recommending the current connection of Wye and Robertson 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. It is the recommendation of the City Staff that the Wye and Robertson connection be closed based on the details above, The work if approved will be accomplished through the CDBG Robertson Street project fit a small costs saving from leaving the connection. Please advise if further information is needed, Jerr / Clor City Engineer is NU266E 13 I 14 r:S s MMAWIN 10 19 18 17 rl~.g ~I 10 LA. +E \ 4 C96 7 I a low s ~ 239 ~:z. \ 2 P 2 7 '~*t b ..b i`• ,,fit .:~}~,y ART I., EAST MILL ~?o.:.~ •'~b~~` ; it 60 12 12.1 too' 56 , cr. Sd ao' so, Sol no m I 2 3 4 6 g. 7 e 9 10 P & Z Minutes November 14, 1984 Page 7 C,r~{eke a recommendation to the City Council on the ppreposed ob aloslng of the intersection of Wye and n D~ lertso streets, Mr, Clark stated Wye and Robertson Streets run parallel C p, up to the railroad orossing at the minor crest of a small hill, lie stated Jackson Street also comes into ,the intersection less than 50' to tile .oast, The end roadlcrossing onuaeSmallecrestmmakeatether . oproper iiitersocrion design very d.iffinult, flu stated they did not arrive at a design that would meet AASTO standards, city subdi,vi- Sion eogulations, or good engineering Core, we ere recommending the current oo~osorion ofaty and Robertson at the railroad tracks be closed. AnutlIor 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 orossing,' He further stated the work if approved will be accomplished through the CD80 Robertson Street project at P, Small costs Sav- ng from leaving the connection, Mr, LaPorte made a motion to recommend t{1e proposed closing of the intersection of Wye and Robertson Streets. Seconded by Ms. Cole and unanimously carried (5.0). l). Make a recommendation to the City Council regarding the proposed voluntary annexation of 31,02; 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), lie stated the owner of the tract, Mr, B.L. Archer, has submitted a change of zoning request which if appproved will permit 17 acres of air;gle 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 loct::ed at Secondedl1bysMr. ClaiborneyandRunanimouslyscarriede(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 Masch Branch Road (A-9), Mr, Ellison stated staff has received a preliminary plat of a proposed five acre office development which is a portion Inc. a 69 ac preliminary owned by fri-Steel Struc- tures, Addition (five acre tokfiaes site) Shass been reviewed and accepted by thz Deve'lopmeut Review Commit- tee and approved by resolution of the City Council, He atated due' Co the locstion of this property in relation to the Denton' Municipal Airport, he 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