Loading...
HomeMy WebLinkAbout05-14-1985 o-' 1 ' 1 f I t I f ` I MMfD DYt Empire Microfilm Company Dallas, Texas 214-243-6 173 ol 1 AGENDA PACKET CITY COUNCIL 05/14/85 n i ' h 1 C I , 14 I I I 1 AGENDA CITY OF DENTON CITY COUNCIL May 14, 1985 regular Meeting of the City of Denton City Council on Tuesday, May 14, 1985, at 7:UU p.m. iri the Council Chambers of the Municipal Building at which the following items will be considered: 7:OU p.m. 1. Consider approval of the Minutes of the Regular Meeting of Apri1 16, 1985 and the Special Called Meeting of April 23, 1985. 2. Consider approval of a resolution approving an agreement between the Gity of Denton and North Texas + State University for solid waste collection and disposal services. 3, Consent Agenda: approval thereoftwill ibe rstrictlyeon bthethbasisaof the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. A. Bids and Purchase Orders: Listed below are bids and purchase )rders to be approved for 1 payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 1 10.A1 and 10.81. This listing Is provided on the Consent Agenda to allow Council Members ;o discuss any item prior to approval of the ordinance. 1. Bid # 9431A - Modular furniture panels 2, Bid # 9441 - Distribution transformers 3. Bid 6 9442 - Trailers 4. Bid # 9443 - Front load refuse truck 5. Bid # 9444 - Flail mower and tractor 6. 81d # 9446 - Traffic control cabinets 7, eid 9448 - Westgate Heights participa- tion 8. Bid # 9449 - Aire, cutouts and pedestals 9. Bid # 9451 - Remote terminal unit/alarms event pri,iter V City of Denton City Council Agenda May 14, 1965 Page Two E 10. Bid d 9452 - Electrical terminators 11. Bid # 5455 - Water and s,iwer su;.plies 12. Bid # 9456 - Painting of trucks and trailers 13. Bid Y 9458 - Line puller tensioner I' 14. Purchase Order 0 66974 to Borg-Warner Air Conditioning in the amount of $8,791.88 I, 15. Construction inr the amount6oft$6,500tUOOrcreek 16. Purchase Order # 679e3 to Trans Tex Supply t Company in the amount of $7,251.UO 17. DPurchase Order # istributing in the amount 7of y $4,235.59watsu~ 8. Plats and Replats: 1. Approval of final replat of the Bellaire Heights Phase One Addition, Lot 16, Block C. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Johnson Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary and final replat of the Horthside Addition, Lots 6-15, Block 4. (The Planning and Toning Commission recommends approval.) 4. Approval of preliminary and final replat of the W. J. Wheeler Addition, Lot 7A, Block 1. (The Planning and Zoning Commission recommends approval.) 5. Approval of preliminary and final replat of tpp Wimbleton Village Addition, Phase IV9 Tract A, Lot 1, Block 14. (The Planning and Zoning commission recommends approval.) 4. Presentation of awards from the Texas Safety Association to City of Denton departments. 5. Presentation by the Chamber of Commerce Convention and Visitors Bureau of their proposed budget and plan for the new year. 1k I F. t city of Denton City Council Anenda May 14, 1985 F Page Three 6. Presentation by the Chamber of Commerce on the Leadership Denton Program. Consider approval of use of Mack Park with fees waived ( for a softball tournament with all profits to go to the Fred Moore Scholarship Fund. g, Consider approval of a request to hang a banner across ( Avenue E to welcome students to NTSU. r~ 9, Public Hearings: ' A. reque. Consader change the petinionzoninga fRocca rom Pena the 11 requesting agricultural (A) classification to the planned development (PD) district on a 14.06 acre tract I located along the east side of Riney Road, adjacent and south of U.S. Highway 77, and north of Windsor Drive, at a point beginning I approximately 22G feet east of the intersection of Riney Road and Windsor Drive. If approved, r the planned development will permit the following land uses: i sl single family detached lots on 10.6 acres with a density of 2.9 units per acre (minimum 8,UOJ square foot lots) An 80 unit retirement center on 3.5 acres acre. with a density of 22.9 units Commission (The Planning and Zoning approval.) B. Y-14. Consider the petition of Ali Al -Khafaj - requesting a variance of Article 4.15 of the City of Denton Subdivision and Land Development Regulations Twith his tractsisc1 drainage requirements. on the west side of Duncan Street between Smith Street and Dallas Drive. The tract is described as Lot 1, Block 1, of the Al-KhafajiAbstractAddition 6and shown in the S. C. Hirams Survey, The lanning property yZonis zoned ing Commission mrecommends )denial.) P C. V-15. Consider the petition of J. P. Waygood requesting a variance of Articles 4.03 and 4.15 of the City of Denton Subdivision and Land Development Regulations requiring perimeter street and drainage impruvements. This tract is the northwest corner of 10.UO acres Boone drae Street located and at Payne Drive. The tract is 10 City of Denton City Council Agenda May 14, 1965 Page Four described as Block 1, Lot 1, of the Life Tabernacle Addition a,-td shown in the Francis zoned BatsSurveyt on Abstract 43the development of is church is anticipated. (The Planning and Zoning Commission recommends denial.) D. Public hearing concerning the ^etition of Hammett A Nash, Inc. for annexation of approximately 361.708 acres situated in the H. May Survey, Abstract 807, and the V. E. Oailor Survey, i Abstract 452, and beginning west of FM 2164 ppximaiely 7,000 feet north of (North Locust) ) (A-16). Hercules E. Public hearing concerning the petition of Hammett b Nash, Inc. for annexation of approximately 180.98 acres situated in the John A. Burns Survey, Abstract 130, and the Thomas Polk Survey, Abstract 999, and beginning west of FM 2164 Nortn Locust) approximately 9,000 feet north of j Hercules t.ane (A-19). 1 10. Ordinances; A. Consider adoption of an ordinance acceptir competitive bids and providing for the award or contracts for the purchase of materials, equipoptnt, supplies or services and providing for the expenditure of funds therefore. B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or service: in accordance with the provisions of state law exempting such purchases from requirements of competitive bins. C. Consider adoption of an ordinance prohibiting ►he parking of vehicles on both sides of Hollyh1)1 between Londonderry and oodbrook. (The Citizens Traffic Safety Support approval.) D. Consider adoption of an ordinance prohibiting from stsf intersection twitheSInterstat SHighway from 11 35-L Service Road to its intersection with Londonderry. (The Citizens Traffic Safety Support Commission recommends approval.) r 1 V City of Uenton City Council Agenda May 14, 1985 Pag^ Five E. Consider adoption of an ordinance temporarily prohibiting two-way vehicular traffic on Airport Road from Interstate Highway 35-W to the Denton Municipal Airport and Airport Road from the Airport to Interstate Hitghway 3511. (The Airport Advisory Board recommends approval.) f F. Consider adoption of an ordinance approving the conveyance of 0.991 acres of real property to the Town of Crass Roads in accordance with an agreement previously approved on April 50 1983, ` between the City of Denton and the Town of Cross Roads. G. Consider adoption of an ordinance amending the zo,,ing map of the City of Denton, Texas, as same was adopted as an appendix to the Code of t Ordinances of the City of Denton, Texas, by ` ordinance No. 69-1, and as said map applies to approximately 12.153 acres of land situated in the Mary L. Austin Survey, Abstract No. 4, Denton i } County, Texas and located at the northwest corner of Spencer Road and Loop 288, to provide for a change in zoning classification and use designation froia planned development "Ph" district classification and use to commercial"C" i classification and use for said property. Z-1728 (The Planning and Zoning Commission recommends approval.) H. Consider adoption of an ordinance approving an agreement for the sale of wholesale treated water to the Town of Corinth. (The Public Utilities Board recommends approval.) 1. Consider adoption of an ordinance approving an agreement between the City of Denton and Freese and Nichols, Inc., for engineering services f relative to the Water Treatment Plant. (The Public Utilities Board recommends approval.) J. Consider adoption of an ordinance approving an agreement between the City of Uenton and Rone Engineers to provide subsurface investigation services for the City's sanitary landfill. 11. Resolutions; A. Consider approval of a resolution approving an Airport Use Agreement between the City of Denton and the Confederate Air Force for the 1945 airshow. (The Airport Advisory Board recommends approval.) City of Denton City Council Agenia May 14, 1945 Page Six B, Consider approval of a resolution authorizing a Pipeline Licanse Agreement between the City of Denton and Missouri-Kansa:•Texas Railroad Company. I C. C.nsider 6 proval of a resolution in support of Senate Bill 1257, as introduced by Senator McFarland, relating to the amendment of Sections 15.06 and 16.07 of the Texas Code of Criminal Procedure. 0. consider approval of a resolution recommending the introduction of legislation to amend Article 2.Olb of the Texas Election Code to provide that when the first Saturday in April falls on Easter weekend, that elections may be held ooi the second Saturday in April. E. Consider approval of a resolution in support of Project Texas and declaring May, 1985 as Project Texas Month in the City of Denton. 12. Consider approval of Capital Improvements Plan Project (CIP) #85-WW-6, Hobson lift station Change Order N1, Bid 9351. (The Public Utilities Board recommends approval.) 13. Consider approval of participation by the City of Denton in the Sister Cities Program. 14. Consider revisions and/or amendments to the Charter of . the City of Denton. 15. Official Action on Executive Session Items; A. Legal Matters B. Real Estate C. Personnel U. Board Appointments 16. New Business: This item provides a section for Council Members to suggest items for future agendas. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1985 at o'clock (a.m. ) CITY 5LUKEIARY 1760C i AGENDA CIT1 OF DENTON CITY COUNCIL May 14, 1985 Regular Meeting of the City of Denton City Council on Tuesday, May 14, 19i15, at 7:UU p.m. in the Council Chambers of the Municipal Building at wnich the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Regular Meeting of April 16, 1985 and the Special Called Meetins of April 23, 1985. 2. Consider approval of a resolution approving an agreement between the City of Denton and North Texas State University for solid waste collection and disposal services. 3. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his c'esignee to implement each item in accordance with the Staff 17) recommendations. A. Bids and Purchase Orders: Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is atta.hed to the ordinances (Agenda items 10.A, and 10.8). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance, 1. Bid # 9431A - Modular furn~'ure panels 2. Bid f 9441 - Distribution transformers 3. Bid # 9442 - Trailers 4. Bid 9443 - Front load refuse truck 5. Bid 9444 - Flail mower and tractor 6. Bid f 9446 - Traffic control cabinets 7. did N 9448 - Westgate Heights participa- tion 8. Bid f 9449 - Wire, cutouts and pedestals 9. Bid N 9451 - Remote terminal unit/alarms event printer 10 .City of Denton City Council Agenda May 14, 1965 Page Two 10. Bid # 9452 - Electrical terminators 11. did 0 9455 - Water and sewer supplies 12. Bid # 945b - Painting of trucks and trailers 13. Bid d 9458 - Line puller tensioner 14. Purchase Order 0 66974 to Borg-Warner Air Conditioning in the amount of $8,791.88 15. Purchase Order # 61178 to 8ittercreek Construction in the amount of $6,500.00 16. Purchase Order N 67923 to Trans Tex Supply Company in the amount of $7,251.00 17. Purchase Order 0 67979 to Watson Distributing ';n the amount of $4,235.59 8. Plats and Replats: 1. Approval of final replat of the Bellaire Heights Phase One Addition, Lot 16, Block C. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Johnson Addition, Lot 1, Block 1. (The Planning and Zoning commission recommends approval.) 3. Approval of preliminary and final repplat of the Northside Addition, Lots 6-15, 81ock 4. (The Planning and Zoning Commission recommends approval.) 4. Approval a1Jof Wheeleri preliminary final Lot 7Ap1 Block 1.. (The Planning and Zoning Commission recommends approval.) 5. Approval of preliminary and final replat of the Wimbleton Village Addition, Phase IV, Tract A, Lot 1, block 14. (The Planning and Zoning Commission recommends approval.) 4. Presentation of awards from the Texas Safety Association to City of Denton departments. S. Presentation by the Chamber of Commerce Convention and Visitors Bureau of their proposed budget and plan for the new year. I r' City of Denton City Council Agenda May 14, 1985 E Page Tnree F 6. Presentation by the Chaober of Commerce on the Leadership Denton Program. 7. Consider approval of use of black Park with fees waived f for a softball tournament with all profits to go to the Fred Moore Scholarship Fund. 8. Consider approval of a request to hang a banner across Avenue E to welcome students to NTSU. 9, Publ?c Hearings: A. Z-1730. Consider the petition of Ana Rocca Pena requesting a change in zoning from the agricultural (A) classification to the planned development PD) district on a 14.06 acre tract ` located along the east side of Riney Road, adjacent and south of U.S. Highway 77, and north of Windsor Drive, at a point beginning approximately 220 feet east of the intersection of Riney Road and Windsor Drive. If approved, the planned development will permit the following land uses: 31 single family detached lots on 10.6 acres with a Jensity of 2.9 units per acre (minimum 8,000 square foot lots) An 80 unit retirement center on 3.5 acres with a density of 22,9 units per acre. The Planning and Zoning Commission recommends 1 approval.) I B. V-14, Consider the petition of Ali A1-Khafaji requesting a variance of Article 4.15 of the City of Denton Subdivision and Land Development Regulations with respect to drainage requirements. This tract is 1,075 acres located on the west side of Duncan Street between Smith Street and Dallas Drive. The tract is described as Lot 1, Block 1, of the A1-Khafaji Addition and shown in the S. C. Hirams Survey, Abstract 616. ' The property is zoned commercial (C). (The Planning and Zoning Commission recommends denial.) C. V-15. Consider the petition of J. P. Haygood requesting a variance of Articles 4,03 and 4,15 of the City of Denton Subdivision and Land Development Regulations requiring perimeter street and drainage improvements. This tract is 10.00 acres located at the northwest corner of Bonnie Brae Street and Payne Drive. The tract is City of Denton City Council Agenda May 14, 1985 Page Four described as Block 1, Lot 1, of the Life Tabernacle Addition and shown in the Francis Batson Survey, Abstract 43. The property is zoned agricultural (A) and the development of a church is anticipated. (The Planning and Zoning Commission recommends denial.) D. Public nearing concerning the petitiow of Hammett A Nash, Inc. for annexation of approximately 361.708 acres situated in the H. May Survey, Abstract 80.79 and the V. E. Gailor Survey, Abstract 452, and beginning west of FM 2164 (North Locust) approximately 7,000 feet north of Hercules Lane (A-16). E. Public hearing concerning the petition of Hammett y gash, Inc. for annexation of approximately 180.98 acres situated in the John A. Burns Survey, Abstract 130, and the Thomas Polk Survey, Abstract 999, and beginning west of FM 2164 (North Locust) approximately 9,000 feet north of Hercules Lane (A-19). 10. Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services and providing for the expenditure of funds therefore. 8. Consider adoption of an ordinance providing for • the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting suci, purchases from requirements of competitive bids. C. Consider adoption of an ordinance prohibiting the parking of vehicles on both sides of Hollyhill between Londonderry and Woodbrook. (The Citizens Traffic Safety Support Commission recommends approval.) D. Consider adoption of an ordinance prohibiting frominitsf intersecstion twitheSInterstat SHighway 35-E Service Road to its intersection with Londonderry, (The Citizens Traffic Safety Support Commission recommends approval.) City of Denton City Council Agenda May 14, 1985 Page Five E, Consider adoption of an ordinance temporarily prohibiting two-way vehicular traffic on Airport IE Road from Interstate Highway 35-W to the Denton Municipal Airport and Airport Road from the Airport to Interstate Hitghway 35W. (The Airport Advisory Board recommends approval.) F. Consider adoption of an ordinance approving the conveyance of 0.991 acres of real property to the Town of Cross Roads in accordance with an agreement previously approved on April 5, 1983, between the City of Denton and the Town of Cross Roads. G. Consider adoption of 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 Dei,ton, Texas, by ordinance No. 69-1, and as said map applies to approximately 12.153 acres of land situated in the Mary L. Austin Survey, Abstract No. 4, Denton County, Texas and located at the northwest corner of Spencer Road and Loop 288; to provide for a change in zoning classification and use designation from planned development "PD" district classification and use to commercial "C" classification and use for said property. Z-1728 (The PI arning and Zoning Commission recommends approval.) H. Consider adoption of an ordinance approving an agreement for the sale of wholesale treated water to the Town of Corinth. (The Public Utilities Board recommends approval.) 1. Consider adoption of an ordinance approving an agreement between the City of Denton and Freese and Nichols, Inc., for engineering services relative to the Water Treatment Plant. (The Public Utilicies Board recommends approval.) J. Consider adoption of an ordirance approving an agreement between the City of Denton and Rone Engineers to provide subsurface investigation services fo:• the City's sanitary landfill. 11. Resolutions: A, Consider approval of a resolution approving an i Airport Use Agreement between the City of Denton and the Confederate Air Force for the 1985 airshow. (The Airport Advisory Board recommends approval.) City of Denton City Council Agenda. 'May 14, 1985 Page Six d. Consider approval of a resolution authorizing a Pipeline License Agreement between the City of Denton and Missouri-Kansas-Texas Railroad Company. C. Consider approval of a resolution in support of 1 Senate Bill 1257, as introduced by Senator McFarland, relating to the amendment of Sections 15.06 and 15.07 of the Texas Code of Criminal Procedure. 0. Consider approval of a resolution recommending the introduction of legislation to amend Article 2.01 b of the Texas Election Code to provide that when the first Saturday in April falls on Easter weekend, that elections may be held on the second Saturday in April. E. Consider approval of a resolution in support of Project Texas and declaring May, 1985 as Project Te,ias Month in the City of Uenton. 12. Consider approval of Capital Improvements Plan Project (CIP) #35-WW-6, Hobson lift station Change Order #1, Bid 9351. (The Public Utilities Board recommends ' approval.) r' 13. Consider approval of participation by the City of Denton in the Sister Cities Program. 14. Consider revisions and/or amendments to the Charter of the City of Denton. 15. Official Action on Executive Session Items: A. Leal Matters B. Real Estate C. Personnel 0. Board Appointments 16. New Business: This item provides a section for Council Members to suggest items for future agendas. C E R T I F I C A T E I certify that the above notice of meeting was Y g posted on the bulletin board at the City Hall of the City of fi nton, Texas, on the Jay of 1985 at o'clock r (a.m.1 p. I .J Aw"~ / 1760C r Council Minutes April 16, 1985 The Council convened into the Work Session at 4:04 p.m., meeting in the parking lot of the Municipal Building. PRESENT: Mayor Pro Tem Hopkins; Council Members Alford, Riddlesperger and Stephens ABSENT: Mayer Stewart; Council Members Chew and McAdams 1. The Council conducted a tour to view various billboards and signs in conjunction with the proposed sign ordinance. The Council then convened into the Work Session at 5:30 p.m, in the Civil Defense Room. PRESENT: Mayor Stewart; Mayor Pro Tem Hopkins; Council Members h Alford, Chew, McAdams, Riddlesperger and Stephens City Manager, City Attorney and City Secretary ABSENT: None In conjunction with the tour to view billboards and signs, Council Member Stephens stated that he felt the Council ought not act on the proposed sign ordinance at the present time. The current session of the state legislature was considering sign related issues and perhaps the Council should delay action until the session was over. Council Member Stephens further stated that wherever the Council did take official action on the proposed ordinance, some members might be opposed to the ordinance including existing non-conforming signs at the time of passage of the ordinance. Council Member Riddlesperger stated that that would assume that the only problem with the proposed ordinance was in regard to signs which did not conform due to size. Council Member Stephens stated that another problem would be amortization. Mayor Stewart stated that he believed the ordinance should be approved before the end of the legislative session in Austin. The Council could delete from the ordinance those issues about which they were In doubt. Council Members Stephens and Chew stated that they would rather wait. City Manager Chris Hartung reported that the longer the ordinance was delayed, more signs would be put up. Mayor Stewart asked about the large signs on the interstate highway. Hartung responded that the legal staff could give clarification on where the city jurisdiction ended and the Highway Beautification Act jurisdiction began. Council Member McAdams stated that she wanted an end to the signs. Mayor Pro Tea Hopkins stated that he felt the bill would pass the state legislature; however, the city would then be responsible for buying the signs. Council Member McAdams statel that she wanted to see the proposed ordinance passed and if the legislature acted, the city ordinance would become invalid. Charlie Watkins, sign ordinance consultant, stated that the city ordinance would not be invalidated but some of the existing signs would have to be relocated. Mayor Pro Tea Hopkins stated that 2 out of S signs would have to be moved. This would open the city up to an unimaginable number of lawsuits. i City of Denton City Council Minutes Meeting of April 16, 1985 I Page Two Council Member Riddlesperger stated that those signs that did not conform to the proposed ordinance did not conform to the existing ordinance. The consensus of the Council was to place the proposed sign ordinance on the agenda for approval as quickly as possible after the state legislature acted. 1. The Council considered the scheduling of the $10,000,000 ` street bond project. Rick Svehla, Assistant City Manager, distributed an updated schedule for the Council's review. Svehla reported that this was the "first cut" at the schedule of street projects and stowed where there were conflicts with major utilities such as water and sewer project. Lengthy discussions had been held with the water and sewer departments; some projects were in the design chase at the present time. The Capital improvements Program had $250,000 for water and sewer replacecent activities. The suggestion from staff was to pull out those projects in conflict with the street bond program so as not to pave and then have to tear up the streets for the laying of water or sewer lines. Staff would be bringing back to the Council a schedule for the funding. Those streets which conflicted with the CIP utility improvements could be reprogrammed to 1986 or 1987 for paving, etc. City Manager Chris Hartung reported that this reprogramming would not change the over-all timing of the street improvement project. i Sve'+'a reported that :here were no conflicts with water and sewer projects in 1985 or 1986. The installation of major water lines was scheduled for 1987; street repairs had been scheduled so as not to conflict. Staff had also looked at the possibility of getting developer participation. The locations of the street repairs had been grouped together in order to get better bids. liming of the relairs had been viewed witn an eye to spread the locations out city-wide so as not to totally disrupt one section of town. ' Svehla further reported the,. the overlay and repaving would be done first. If delayed, some repaving would would become rebuilding due to deterioration. Some streets would have to be remixed before being repaved due to heavy use. Council Member Riddlesperger asked about Bonnie Brae due to the petition which had been received. Svehla responded that Bonnie Brae was in a major growth area. There was a concrete plant in the area which used Bonnie Brae. A1s) there were large water lines to be put in place on Bonnie Brae was well as the new water plant. Time was needed to give the utilities an opportunity to gear up. Bonnie Brae was currently scheduled for 1987-88. Also there was quite a lot of vacant land in this area and the staff would like a chance at getting developer participation. City Manager Hartung reported that staff was working with First Southwest Company on selling the street bonds. First Southwest was aware that the city wanted to move as quickly as possible on these projects. 2. The Council held a discussion of proposed restructuring of current out-of-city fee structure for the Library. Joella Orr, Librarian, reported that the Library had waited until two quarters of the fiscal year had passes' to gather adequate data. During the 1983/44 fiscal year, out-of-city use represented approximately 201 of the total circulation and the County had reimbursed 101 of this cost. To date this fiscal year, the out-of- city circulation was approximately 161 which represented a cost of t $47,410 of which only $6,809 was recovered through the sale of f r City of Denton city council Minutes Meeting of April 16, 1983 Page Three library cards at $11 each. %hile this recovered revenue was helpful, it did not cover the cost of service. The staff was looking at several options which included: 1. to continue providing the service with the taxpayers of Denton suosidizing out-of-city use 2. to discontinue the service to out-of-city patrons 3. to obtain funding from the County to recover the .ost of out-of-city patron use 4. to increase the fees to recover the costs Council Member Riddlesperger asked if the increased fees would not discourage use of the library. Orr responded that the City of Dallas library had increased their fees and usage had declined. It seemed that the County was ready to rethink the funding issue. The cost would be $1.50 per capita and the County would retaburse a portion of this for the actual use of the library. Council Member Riddlesperger stated that perhaps now was an appropriate time to approach the Commissioners Court on this issue. Betty McKean, Assistant City Manager, reported that the Library budget was being prepared and costs had gone up. It was believed tha' the City should approach the County and present these alternatives. Mayor Pro Tea Hopkins stated that perhaps this should be delayed iue to other problems between the City and the County. City Manager Hartung reported that now would be the time as the Commissioners Court was working on their budget. 5. The Council reviewed and considered approval of proposed changes to the 1985 Citizen Survey. Betty McKean, Assistant City Manager, reported that the staff had made soze minor changes in the 1984 citizen survey grestionnaire for 1985. Items 14 and 15 from the 1984 survey had been deleted as they dealt with street issues and the bond election had taken care of this. Oi. the 1985 survey, items 18.A and 110.A had been reworded while item 010.C was a new question relating to the crime prevention program. Item 115.A ("Does the fact that you seldom or never see a police patrol in your neighborhood concern you a lot, a little, or not at all?") was a new question relating to public safety. Council Member Stephens stated he felt this question could be misconstrued and should be deleted. Council Member Riadlesperger stated that the survey was only for approximately 40D people and felt the Council should know how many people were concerned about this issue. McKean reported that the purpose of the survey was to get an idea of how citizens felt about the community. Council Members McAdams, Alford, Riddlesperger and Mayor Stewart felt the question should be left on the survey. Council Members Stephens and Chew felt it should be deleted. McKean further reported that new items 116 (regarding if the respondent felt improvement was needed in city services and if so, how much), 117 (which services the respondent would be in favor of reducing), 118 (regarding the quality of service provided by Animal Control} and 121 (regarding which city departments the respondent had contacted about a complaint, request for service or i:format'on) had been added. City of Denton City Council Minutes Meeting of April 15, 1985 Page Four Council Member Stephens stated that item 118 said nothing about dogs and asked if the item could be worded to say something about the leash laws. McKean further reported that item 121 hac three questions. The City Attorney's Office and Court Clerks were not included In the list of possible contact departments. Items 125 and 126 were new questions or, attitudes regarding traffic. Item 127 asked if enough was being ' done to attract new industry in Denton. Item 128 asked if the respondent was aware that the city offered a free energy audit and 129 asked if the respondent would be in favor of on additional tax to support Flow Hospital, Council Member McAdams asked on item 119 ("Generally, how effective in zoning in Denton?"} if people really understood the meaning of effective zoning. 4, The Council discussed an ordinance prohibiting storage o cars on residential lawns. City Manager Chris Hartung reported that the Council was being asked to respond to the memorandum from the City Attorney on this issue. 1 Debra Drayovitch, City Attorney, reported that the Dallas ordinance r was lenient. The intent of the Dallas ordinance was to clean up yards prior to the Republ?can National Convention. The Denton ordinance had been rejected by the Planning and Zoning Commission. F Council Member Riddlesperger stated that junk cars were already ~fohibited by city ordinance but they were still chore. The ordinance was ineffective because a citizen cuuld move thq car I inch and not be in violation. Drayovitch responded that the Texas legislature was very protective of citizen's rights to personal property. People could insure that a vehicle had current license tags and a valid inspection sticker and the vehicle would be legal. to have the Council the Ccil Mayor staff try w to t prepare an ordinanceh for wish of discussion, The consensus of the Council was to direct staff to prepare an ordinance for discussion. Drayovitch stated :hat the proposed ordinance would have to be reviewed by the Planning and Zoning Commission prior to coming before the Council, 5, Due to lack of time, the Council did not convened into thy, Executive Session to discuss legal matters, real estate, personnel and board appointments, The Council then convened into the Regular Meeting at 7:64 p.m. in the Council Chambers, PRESENT; :dayor Stewart; Mayor Pro Tem Hopkins; Council Members Alford, Chew, McAdams, Riddlesperger and Stephens City Manager, City Attorney and City Secretary ABSENT: None 1. The Council considered approval of the Minutes of the Regular Meeting of April 2, 198S and the Special Called Meeting of April 9, 1985. Riddlesperger motion, McAdams second to approve the Minutes as presented. Motion carried unanimously. City of Denton City Council Minutes Meeting of April 16, 1985 K Page Five ` 2. Consent Agenda I propkins motion. McAdams second to a the Consent Agenda as A. Bids and Purchase orders: 1. Bid 1 9324 - Vacuum pump 2. Bid 1 9367 - Pickups and trucks I'. 3. Bid 1 9386 - Vibratory rollers 4. Bid # 9424 - 8" w~.ter Line h S. Bid 19427 Hand eld electronic meta[ rezdinR device 6. Bid 1 9433 - Parkway Plaza - W6S participation 7. Bid # 9436 - Chip spreader aid asphalt paver 8. Bid # 9440 - Playground equipment 9. Bia # 9405 Raw water pump installation 10. Bid # 9435 - 2.0 MG ground storage tank I 11. Purchase Order # 67248 to Floyd Glenn Smith in the amount of $3,341.00 I I 12. Purchase Order f 67420 to Butler and Land i,t the amount of $3,776.00 67409 Gifford-}sill American 13, Purchase Ord of t ;4, 00 In the am-unt of $4,758.0D 14. Purchase Order # 47572 to Motorola Communications in the amount of ;6,948.00 15. Purchase Order # 67579 to A. P. Green in the azount of $8,000.0D 16. Purchase Order 0 67719 to Vermeer Equipment in the amount of $3,083.54 B. Plats and Replats: 1. Approval of preliminary plat cf the Bell Addition, Lot 1, Block 1, (The Planning and Zoning Commission recommends app 2. Approval of final replat of the A. E. Bell Commissiontk recommends Planning ands Z6 , 7 oning and 8 approval.) 3. Approval of preltminar~ replat of the JBC Addition, Lot 3A, Block 1. (The Planning and Zoning Commission recommends approval.) 4. Approval of preliminary plat of the Lifee Tabernacle CndrehZ ddition,Comm issionlocrecommends and Planning approval.) 5. Approval of preliminary plat of the Naughton Place Addition, Lot 1, block 1. (The Planning and Zoning Commission recommends approval.) City of Denton City Council Minutes Meeting of April 16, 1985 Dage Six 6. Approval of -)reliminary replat of the Redman Addition, Lot 1B, Block 2. (The Planning and Zoning Commission recommends approval.) 7. Approval of preliminary plat of the Cedar Creek Addition, Lots 1.16, Block 1. (The Planning and Zoning Commission recommends approval.) C. Change order: 1. Consider approval of Change order 11 for water/sewer line relocation on Loop 188 to Calvert Paving Company - Bid 0 9364 3. Public Hearings A. The Council held a public hearing on the petition of ' Charles Watkins requesting a change in zoning from the agricultural f (A) classification to the light industrial (LI) district on a .462 1 acre tract located at the northwest corner of U.S. Highway 380 and If Cooper Creek Road. If the zoning change is approved, the property may be utilized for any land uae permitted in the light industrial (LI) district by the City of Denton Zoning Ordinance. Z-1729 The Mayor opencJ the public hearing, Charlie Watkins, representing Alan Thetford the owner of the property, spoke in favor stating that the property was locate6 on Highway 380 and Cooper Creek ;'oa This site was the location of an existing facility which was non-conform use. The petitioner was requesting Light Industrial zoning as a manufacturing function was presently being performed at the site. The owner would like to expand as he currently must store materials at a rented facility. Mr. Thetford was requesting the parcel be rezoned so that he could expand the existing structure to include room for storage. Three to five people were currently employed and no more were expected. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this was a small tract of less than 1/2 acre which was a legal non-conforming use. Light Industrial zoning would be consistent with surrounding land uses. Seven reply forms had been mailed with one returned in favor. The Planning and Zoning Commission had recommended approval by a vote of 6 to 0. 1. The Council considered adoption of an ordinance approving a change in zoning on a .452 acre tract located at the northwest corner of U.S. Highway 380 and Cooper Creek Road. The following ordinance was presented: NO. OS-79 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 APPROXIMATELY 0.462 ACRES OF LAND SITUATED IN THE M.E.P. 6 P.R.R. CO. SURVEY, ABSTRACT NO. 1469, DENTON COUNTY, TEXAS AND LOCATED AT THE NORTHWEST CORNER OF U. S. HIGHWAY 380 AND COOPER CREEK ROAD; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFI- CATION AND USE TO LIGHT INDUSTRIAL "L1" CLASSIFICATION AND USE FOR SAID PROPERTY; AND DECLARING AN EFFECTIVE DATE. R 1 City of Denton City Council Minutes Meeting of April 16, 1985 Page Seven i r. Hopkins motion, McAdams second to adopt the ordinance. On roll cal " vote, McAdams "ayE Hopkins "aye," Stephens "aye," Alfoi~rd "aye, Riddlesperger "aye," Chew "aye," and Mayor Stewart aye. Motion carried unanimously. L 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefore; and prov:ding for an effective date. The following ordinance was presented: N0. as-80 I~ AN ORDING ITIVS BIDS AND CONTRACTNFOR THECPURCHASECOf RAT£RIALS, EQU VONT,VSUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alford 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. H. The Council considered adoption of an ordinance materials, for the of funds ineaccordancercwith sthe 1 of provisions competitive bids; and providing for c an purchases effective date, requirements The following ordinance was presented: NO. 8S-81 F AN ORDINANCE PROVIDING FOR THE lXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, E`UIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE QQFROVIPIONS OF STATE LAW EXEMPT AND SUCH PROVIDING URCHASES ROM R I V E IDAEMENTS OF COMPETITIVE 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 Ste-gart "aye." Motion carried unanimously. r C. The Council considered adoption of an ordinance I accepting competitive bids and providing ~oggr the award of contracts for an effect3 veodatee expenditure of for s therefore; works and providing improvoments; pr fund The following ordinance was presented: 1 NO. 8S-82 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF FOR OR 14PROM: PROVIDING FUR COTHE CEXPENDITURELIOF WOFU D.eQ THEREFtR:ENAND PROVIDING FOR AN EFFECTIVE DATE. 1 Chew motion, Alford 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 setting a date, time and place for public hearings regarding the City of Denton City Council Minutes Meeting of April 16, 1985 Page Eight petition of Hammett 5 Nash, Inc. for annexation of approximately 361.708 acres situated in the H. May Survey, Abstract 807 and the V. E. Galo Survey, approximately Abstrac 452, and northiofiHer Hercules. o{ A-16216; (North Locust) apppp Marion Copeland, Administrative Intern, reported that the petitioners were oe ia8 avoluntary he dats for annexaticn. public hearings. May 14 and MY 28 as NO. 85-83 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED HEREIN BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF ` SUCH PUBLIC HEARINGS. 1, Chew motion, McAdams second to adopt the ordinance. On roll ca vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance 1 setting a date, time and place for public hearings regarding the f petition of Hammett 5 Nash, Inc. for annexation vi approximately ` 180.9855 acres situated in the John A. Burns Survey, Abstract 130, 9,00 feet north begini,ift west of FM r and :h~~ :as Polk Survey roximately Abstract Hercules. ' 2160 tNorthth Locust) app A-19 I The following ordinance was presented: i NO. 85.84 r ` AN ORDINANCE SETTING A DATE, TIMC AND PLACE FOR PUBLIC ` HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED HEREIN BY THE CITY OF DENTON, TEXAS, AND t AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF IL SUCH PUBLIC HEARINGS. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesptrger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance repealing Section 25-6.1 of the Code of Ordinances of the City of Denton, Texas; reenacting a now Section 25-6i1 to provide for the average billing of utility services; and provding for an effective date. Bob Nelson, Director of Utilities, reported that the Public billing would the average ordinance lia technical had dreviewed ju tment this Item. This program. for Projected costs for the upcoming year has caused utilitiy bills to be larger than they should have been. This adjustment wLuld allow those persons on the average billing system t~ have bills which were closer to the actual cost. The ordinance wojid also allow customers who good were c edit history, to be placed bills the average billing lsy tem. of The following ordinance was presented: NO. 85-a5 AN ORDINANCE REPEALING SECTION 25.6.1 OF THE CODE OF PROVIDE DENTON, TEXAS; FOR THE AVERAGE REENACTING A ORDINANCES H TO CITY OF BILLING N SECTION ZS OF UTILITY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. 10 City of Denton City council minutes Meeting of April 16, 1985 Page Nine Stephens motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddiesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving a proposed oversize agreement with Ridgeway Plaza Joint Venture for a new water line of Lillian B. Miller Parkway along the frontage of the property. Bob Nelson, Director of Utilities, reported that this was merely a name change on the contract as a new party had purchased the property. The following ordinance was presented: NO. 85-86 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING OVERSIZE WATERLINE FACILITIES; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins 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. S. Resolutions A. The Council considered app: oval of a resolution closing Congress Street between :,lice and Denton streets from 3:00 p m. to 7:00 pp.m. on Friday, May 10, 1985 for the annual Day of the Cougar fundraising event sponsored by the Calhoun Junior High School PTA. Ms. Candy Hickerson, Vice-President of the Calhoun Junior High School P-TA, stated that the street had been closed fot this event in 19e4. Mr. Olyai, Traffic Engineer, had felt it best that the P-TA come before the Council to request the closing. The Day of the Cougar fundraiser involved the entire school and the closing of the street would alleviate any potential safety problem for parents and children who would have to cross the street many times during the day. Tne following resolution was presented: R E S O L U T I O N WHEREAS, on Friday, May 10, 1985, Calhoun Jr. Hi,h PT;, is sponsoring an annual Day of the Cougar fundraising event, to be i.sld on Congress Street between the intersection of Alice Street knd Denton Street; and WHEREAS all abutting property owners of the street have given th.•tr permission to the temporary closing of said street; and WHEREAS the Day of the Cougar fundraising Event is open to the general public of the City and County of Denton; and WHEREAS, to order to provide adequate space for the said fundraising event and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Congress Street between Alice Street and Denton Street from the hours of 3:00 P.M. total 7:00 P.M. on May 10, 1985; 1 City of Denton City Council Minutes Meeting of April 16, 1985 Page Ten NOW, THERTFORE, BE IT RESOLVED BY THE CuUNCIL OF THE CITY OF DENTON: SE0ION I. That Congress Street between Alice Street and Denton Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on May 10, 1985 from 3:00 P.M. until 7:00 P.M. for the purpose of holding the Day of the Cougar funlralsing event. SECTION 11. That the portion of the above described streets shall revert back to the City for normal traffic activity Immediately from ` and after 7:00 P.M. on May 10, 1985. SECTION 111. ` Tnst this resolution shall take effect and be In full force and effect from and after the date of its passage And approval. 1 PASSED AND APPROVED this the 16th day of April, 1985. f CITY OF DENTON, TEXAS ATTEST: CHARLUTTE ALLEN, CITY SECREUR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Hopkins second that the resollition be approved. On roll call vote, McAdams aye, Hopkins aye, Stephens aye, Alford "aye," Riddlesperger "aye," Chew "aye," anJ Mayor Stewart "aye." Motion carried unanimously. B. The Council considered approval of a resolution approving an agreement by the City of Denton Industrial Development of such bond her and the bond resolution providing for the issuance Glenn L. City Manager Chris Hartung reported that the Denton Industrial for Development pro~ec t Authority which dwoumet ld andapproved vnewt companiesartodocuments to Denton. The Authority was now asking for Council approval of 3 bond resolution to provide for %he issuance of the bond. Mr. Byron Hart, representing the petitioner, stated that Mr. Hulcher would be moving his 3 corporations to Denton from Illinois. The first company was a national leasing and financial corporation, as well as Hulcher Emergency Services and EV Systems which dealt with computer software. The company was very excited about coming to Texas and would bring 22 families fro: Illinois. Approximately 15 new fobs in the $10,000 to $40,o00 per year salary range would be generated with the possibility of 25 more jobs over the next 3 to 5 years. The following resolution :as presented: City of Denton City Council Minutes :Meeting of April 16, 1985 Page Eleven RESOLUTION APPROVING AN AiREEMENT BY CITY OF DENTO,N INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE A BOND FOR GLENN L. HULCHER AND THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BOND WHEREAS, City of Denton Industrial Development Authority wss created under the auspices of the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton (the "City") has, by written resolution declared that certain areas of the City be designated as blighted areas (the "Blighted Areas") pursuant to the Develo~prmuent Corporation Act of 1979, as amended, Article 519U.6, V.A.T.C.S., and the rules promulgated thereunder (the "Act"); and WHEREAS, Glenn L. Hulcher desires to finance, pursuant to the Act, the construction of an office building containing approximately 14,500 s ware feet located at 611 Wimberly Drive in Denton, TeXA.s (the "Pro~ect"); and WHEREAS, the Project is located within or adjacent to the Blighted Area; and WHEREAS, the general public had an opportunity to make comments on the Project prior tc the adoption of this Resolution; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE 11 RESOLVFD BY THE CITY COUNCIL OF THE CITY OF DENTUN THAT: Section 1. The "Loan Agreement between City of Denton Industrial Development Authority and Glenn L. Hulcher", in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved, and the Bond in the principal amount of $1,550,000, may be issued pursuant thereto for the purpose of paying the test of acquiring and constructing or causing to be acquired and constructed the Project as defined and described herein. Section 2. Thy "Resolution Authorizing the Issuance of City of Denton Industrial Development Authority Bond, Series 1985 and the Execution of Trust Indenture (Glenn L. Hulcher Project)", in substantially the form and substance attached to this Rosolution and made a part hereof for all purposes, is hereby specifically approveu, and the Bond may be issued as provided for therein. Section 3. The City hereby approves the issuance of the aforesaid Bond In the aggregate principal smog-it of S1,3SO,000 for Glenn L. Hulcher, and further approves the Project as described in the aforesaid Loan Agreement, and such approvals shall be solely for the purposes of Section 103(k) of the Internal Revenue Code of 1954, as amended, and the City shall Lave no liabilities for the payment of the F.ond nor shall any of its assets be pledged to the payment of the Bor 1, Section 4. The City hereby assigns to the City of Denton Indust^ial Development Authority its allocable portion of the state private activity bond volume with respect to the reservation request to be filed for the bond by the City of Denton Industrin' Develop- ment Authority. McAdams motion, Alford second that the resolution be approved. On roil call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. l City of Denton City council minutes Meeting of April 16, 1985 Page Twelve C. The Council considered approval of a resolution ' expressing the City of Denton's intent to enter into a water salea agreement with Argyle Water Supply Corporation. r Bok, Nelson, Director of Utilities, reported that the Argyle Water Supply Corporation served a large area in Argyle and in Denton's extra-territorial jurisdiction in the area south of Denton. Ms, Jo Storer was developing property on Brush Creek Road and was planning on installing a t0" to 12" water line dawn Brush Creek. To serve future developments in this area, a 16" water line would be appropriate. The City would participate with this water line from ` Hobson Lane to the railroad tracks on Fort Worth Drive. Before Argyle would commit the funds, they had requested assurance from Denton that the city would sell water to them. Denton currently did sell water to Corinth and served the extra -territorial jurisdiction areas. Corinth had asked for a resolution as assurance and had expressed the intention that Denton would take the customers when the property was annexed and would, at that time, take over the system. The system would have to collect Sol of the water and return it to the Dentor, system. The final contract would be presented at a later date. Council Member Hopkins asked wh•1 Argyle was not willing to pay more than for just oversizing when this appeared to be a major water system. He then asked if the water would not have to go back into a major collection system such as ours. Nelson responded yes, Council Member Hopkins then stated that most of the homes in Argyle were on septic systems for sewerage. It seemed to him that the city should require the lines to be run now to bring the water back into 1 the Denton system. Nelson replied that the resolution before the Council specified that L the system would conform to the Denton standards. Ore of ttese ` requirements was that at least S0% of the customers be on the collection system. Council Mexaber Hopkins stated that the staff needed to watch this situation very carefully from a fiscal standpoint. Nelson reported that one problem was that the Argyle Water Supply Cor ration was chartered only as a water supplier. Th►y were funding a large portion of the water IIhe as an incentive to developers to install appropriate sewer lines. The following resolution was presented; R E S O L U T I O N WHEREAS, the Argyle Water Supply Corporation (AWSC) provides water service to the City of Argyle and surrounding areas including certain areas in the City of Denton's extraterritorial jurisdiction; and WHEREAS, AWSC has worked cooperatively with 0e City of Denton to install lines in Denton's extraterritorial jurisdiction in accordance with Denton's standards in anticipation of Denton eventually acquiring such facilities upon annexation of such extraterritorial jurisdiction; and WHEREAS, AWSC obtains their water supply from wells and recognizes the long-term necessity to obtain a !urface water supply; WHEREAS, AWSC has agreed to participate in oversizing a waterline for approximately 11,000' along highway 377 from the Santa Fe Railroad south past brush Creek Road, all in conjunction with the Jo Storer Homes, inc., development; and I ~.y J . r City of Denton City Council Minutes Meeting of April 16, 1985 l Page Thirteen a WHEREAS, AWSC has requested assurance of Denton's intent to sell treated water to AWSC upon completion of s:ch line and upon meeting other certain criteria as outlined in Exhibit I attached F herewith; and WHEREAS, AWSC's intent is to transfer ownership at no cost to the City of any AWSC lines located in Denton's extraterritorial jurisdiction at the time Denton annexes such area(s) provided AWSC's oop line system integrity is maintained; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: ' The City of Denton hereby expresses Denton's intent to enter into a contract with the Argyle Water Supply Corporation (AWSC) to sell treated water upon completion of an appropriate waterline to the AWSC certificated area, such line to be extended by development interests or AWSC, and upon AWSC's meeting certain i~ service criteria as outlined In Exhibit I attached hereto and/or the Dallas Water Utilities New Customer Service Policy Terms of such contract shall follow the principles outlined in Exhibit I. PASSED AND APPROVED this 16th day of April, 1985. FTCT1MM-(T.-STFWART, MAYOR CITY OF DENTON, TEXAS ATTEST: ' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM1 DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, Alford 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. D. The Council considered approval of a resolution postponing the regular meeting of the City of Denton City Council from May 7, 1985 to May 14, 1985. The follow'.g resolution was presented: R E S O L U T I O N WHEREAS, a majority of the Council will be out of the Cityy11 necessary May that 11985; NOW, mee ig Denton on sucyh 7date 98be and it THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I1. That the regular Council meeting to be held on May 7, 1985 be postponed until May 140 1985. PASSED AND APPROVED this the 16th day of April, 1985. RICHARD U. STEWART$ MAYOR CITY OF DENTON, TEXAS City of Denton City Council Minutes Meeting of April 16, 1985 Page Fourteen ATTEST: L'fflatL'a7"I'E'7C , , LILT btl~ 17K" CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DWOYITCH, CITY ATTORNEY CITY OF DENTON, 'TEXAS B Y: Chew motion, McAdams second that the resolution be approved. On roll cAll vote, McAdam "aye," Hopkins "eye," Stephens "aye," Alford "aye," Rildlesperger aye, Chew aye, and Mayor Stewart aye. Motion carried unanimously. 6. There was no official action on Executive Session items of legal matters, real estate, personne' abd board appointments. 7, New Business The following items of new business were suggested by Council Mtmyers for future agendas: 1. Council Member Hopkins requested a report on sales tax. City Manager Chris Hartung responded that the Council would be receiving a financial report, 2. Council Member Hopkins requested a street light study (the Citizens Traffic Safety Support Commission review the traffic lights). gg was y being alone breported uadntsthat . the study was Svehla, process Assistant 3. M agenda toe consider charter arevisionsbandp/oar amendments, next 4. Council Member McAdams requested a resolution be placed on the next agenda for Project Texas and also a future work session item regarding the North Texas food bank. 5. Council Member Stephens requested a resolution for discussion regarding the changing of election day from the first Saturday in April to the second Saturday if the First Sunday in April was Easter, The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. With no further items of business, the meeting was adjourned. RICHARD 0. STrWWr1-VM C MEN, 1T Y --S R F 1744C k F Council Minutes i April 13, 1985 r , The Council convene) into the Special Call-)d Meeting at 5;00 P.m. meeting in the Council Chambers. Council Members PRESENT: Alford, Chew, ; Rddlesperger e and oStephens ABSENT; Council Member McAdams was out of town attending a ( seminar Ordinances A. Tne Council considered adoption of an ordinance instituting annexation proceedings ona tract consisting of approximately 136.58 acres beginning approximately S00 feet east the centerline of U. S. Highway 377 and south of Brush Creek Road. A-11 Council Member Stephens stated that it had been discussed if this particular annexation could be voluntary so as not to count against the City and asked if there was any report. R David llison, Senior Planner, reported that voluntary annexation this particular annexation had not changed. 4 The following ordinance was presented: NO. 85- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 136.51 t ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF Ir DENTON, STATE OF TEXAS AND BEING PART OF THE GEORGE DAUGHERTY SURVEY, ABSTRACT NO. 351, DENTON COUNTY, TEXAS, CLASSIFYING THE SAKE AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Stephens motion, Hopkins second to adopt the ordinance. On. roll call vote, Hopkins "aye," S~ephens aye, Alford "aye," Riddlesperger "ayes" Chew "aye." and Mayor Stewart "aye." Motion carried unanimously. B. The Ccuncil considered adoption of an ordinance instituting annexation proceedings on a tract consisting of approximately 65.12 acres beginning 3SO feet south of and perpendicular to the centerline of U. S. Highway 380 and east of Geesling Road (Capricorn Mobile Home Park and surrounding property.) A-13 The following ordinance was presented: N0. 8S- AN ORDINANCE ANNEXING A TRACI'E0XFF LAND CONTIGUOUS ALLGUTHAT OU LAND ADJACENT TO THE CITY OF DENTON, T TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 93.67 FO REST ACRES DENTON ~FST ALAND TE OF LYING TEXAS RAND BEING BEING SITUATED OFN THE E 4. COUNTY OF SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY, AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the ordinance. On roll call vote, Hopkins "eye," Stephens aye, Alford "aye," Riddlesparger "aye It Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance instituting annexation proceedings on a tract consisting of approximately 34.60 acres of land situated in the M. Forrest Sufvey Abstract No. 417, and beginning approximately 2SO feet southth 2ani ,perpendicular to the centerline of FM 416 and approximately feet bast of Mayhill Road. A-14 I 10 City of Denton City Council Minutes Meeting of April 23, 1985 Page Two The following ordinance was presented: NO. 8S- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT TRACT OR PARCEL OF LAND CONSISTING O~ APPROXIMATELY 34.66 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SANE AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Stephens motion, Chew second to adopt the ordinance. Or roll call vote, 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 instituting Annexation proceedings on a tract consisting of approximately 42.35 acres of land situated in the S. Huirar Survey, Abstract No, 514, and beginning approximately S00 feet north of and perpendicular to the centerline of U. S. Highway 380 and west of Masch Branch Road. A-15 The following ordinance was presented: NO. 8S- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJAC TO TH TY OF TRACTEOR PARCEE CI OF LAND DCONS19TING 0i ABEING ALL T PPROXIMATELY 42.31 ACRES OF LAND LYING AND BEING SITUATED IN TVF COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THB S. HUIZAR SURVEY, ABSTRACT NO. 514, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Chew motion, Alford second to adopt the ordinance. On roll call vote, Hopkins "aye," Stephens "aye," Alford "aye," Riddlesp,)rger "aye," Chew "ayeand Mayor Stewart "aye," Motion carried unanimously, E. The Council considered adoption of an ordinance Instituting annexation proceedings on a tract consisting of approximately ISO acres of land located west of Hayhill Road approximately 4,000 feet north of I-3S and adjacent and north of the MK4T Railroad. A-17 The following ordinance was presented: NO. BS- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 1S0 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE D. HOUGH SURVEY, ABSTRACT NO. 6460 DENTON COUNTY, TEXAS; CLASSIFYING THE SANE AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Rlddlesperger motion, Alford second to adopt the ordinance. On roll call vote, Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously, F. The Council considered adoption of an ordinance instituting annexation proceedings on a tract consisting of approximately 60.38 acres situated in the G. Walker Survey, Abstract No. 1330, and beginning adjacent and cast of Edwards Road. A-18 City of Denton City Council Minutes Meeting of April 23, 1985 Page Three The following ordinance was presented; NO, 85- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 60.38 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALXER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Stephens motion, Hopkins second to adopt the ordinance. On roll call vote, Hopkins "aye," Stephens "aye," Alford "ayc," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion r carried unanimously. 2. Resolutions A. The Council considered approval of a resolution appointing an official Voting Representative of the City of Dentoa to the North Central Texas Council of Governments General Assembly for 1985-86. Stephens motion, Hopkins second to approve the resolution and am int Jim Riddlesperger as official Voting Representative to The following resolution was presented: R E S O L U T 1 0 N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Jim Riddlesperger is hereby appointed as the official Voting Representative of the City of Denton to the North Central Texas Council of Governments General Assembly for 1985.1986. SECTION 11. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 23rd day of April, 1985. RICHARD ,TEAT MAYOR CITY OF DENTON,TEXAS ATTEST: CITY OF DENTON, i:XAS APPROVED AS TO LEGAL FORM, DEBRA ADAMI DRAYOVITCK, CITY ATTORNEY CITY CF DENTON, TEXAS BY: _ On roll call vote, Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. r City of Denton City Council Minutes Meeting of April 13, 1985 Page Four B. Tne Council considered approval of a resolution to issue bonds by North Texas Higher Education Authority, Inc.; approving the issuance of one or more series of bonds; and making certain findings ►n connection therewith. Mr. Ralph Rushing, representing the North Texas Higher Education Authority, Inc., reported that he had appeared before the Council 6 to 6 weeks previously requesting authorization to refund the NTHEA 1981 bonds. The Authority had been working to put the reftindiug together and hoped to be in the market place during the next week. In the course of working on the refunding, the Higher Education Servicing Corporation reported that commitment for funds available had exhausted those funds. Mr. Bernard would report and request for authorization to proceed with the issuance of more bonds. Mr. Mike Bernard, Executive Director of the North Texas Higher ' Education Authority, stated that the Higher Education Servicing Corporation dealt with lenders. The corporation was conducting a survey of lenders and had received responses back from all but approximately 6. The corporation was looking at approximately $35,000,000 needed capital over the next 3 years for the Dallas-Fort Worth area. Council Member Stephens asked about the prospects as far as Washington was concerned. Mr. Bernard responded that he did not feel the program would be cut out. Council Member Riddlesperger asked if the Authority received block grant funds. Mr. Bernard answerers that thr banks loaned the money and the Authority was self-sustaining through the proceeds of the bonds. Council Member Riddlesperger asked if there was any cost to the federal government. Y Bernard responded not for the servicing corporation. The federal government did pay the interest on the student loans; however, the cost to the federal government was less than to a bank. Council Member Riddlesperger asked if Mr. Bernard anticipated that the higher tuitiai. would affect the authority. Mr. Bernard replied he felt there would be mcre demand. Council Member Riddlesperger asked if foreign students were eligible for the loans. Mr. Bernard responded that most foreign students were in the United States on a student visa anO one of the requirements for the loan was that the applicant must be a permanent resident. The following resolution was presented: A RESOLUTION by the City Council of the City of Denton, Texas, relating to the issuance of Bonds by the North Texas Higher Education Authority Inc.; approving the issuance of one or more series of Bonds; and making certain findings in connection therewith. WHEREAS, this governing body requested certain individuals ' to proceed to re-organize and re-establish a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of Furthering educational opportunities of students by providing funds for the acquisition of student loans; that such has been accom- plisned, the corporation being known as the "North Texas Higher Education Authority, Inc." (the "Authority"); and II r r' City of Denton My Council Minutes Meeting of Apr:, 23, 19a.S Page Five NHEREAS, the Authority has proceeded in the developatent of a plan of doing business and has Issued bonds for the aforesaid purposes, but additional funds are needed to continue the program and it is now appropriate for this governing body to approve the ( issuance of additional bonds for such purpose; now, therefore, 1 TEXAS: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, SECTION is This governing body has been advised by the Authortty that such Corporation, upon approval thereof by the proposesg to oissue rethe bonds inforder toto provide Arlington, for xthe acquisition of student loans; that such bonds would be initially issued as one or more series of Bonds (collectively, the "Bonds"in th41 aggregate principal amount of up to $50,000,000, and that such Bonds would be payable from and secured by a pledge of revenues derived from or by reason of the owiership of student loan notes and investment income after deduction of such expenses for operating the loan program as may be specified by the bond resolution or trust indenture autnor:ting or securing such Bonds and the payment thereof. t The Bonds (up to the aggregate pprincipal amount of 0,0 Student Loan Notesiwhich are guaranteednunderitthewprovisions ~of hthe Higher Education Act of 1965, as amended, to establish certain reserves and for the purpose of paying certain expenses, SECTION 11: This governing body hereby approves the issuance and delivery of such Bonds for the purposes aforesaid, and in this connection requests that the said Authority exercise the p Education owers enumerated and prcoided in Section 53.47 of the Texas connection Code; exercise th t such non-profit corporation shall, in this the State of Texas, as con eomplated by aSection behalf of the thCi and etTexas Education Code. SECTION III: The City does not agree to assume any responsibility in connection with the administration of this student loan program; it being understood this responsibility is being assumed by the Authority, 1 SECTION IV: It is recognized by this f governing instruments which authorize the issuance of Bonds body that Authority will specifically state that this City is not obligated to r gay the principal of or interest on the Bonds proposed to be issued y the Authority, Nothing in this resolution shall be construed as an indicaticr: by this City that it will pay or provide for the payment of any obligations of the said Authority whether heretofore or hereafter incurred and in this connection, attention is called incure nonsindebtednes Texas witho ter having is provided a for t' its payment, and this City Council hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority, k SECTION V: That the Mayor is authorized and directed to assist the Authority in the preparation and execution of a request for an allocation of the state "cap" under Section 103(n) of the Internal Revenue Code of 1954, as amended, and the assignment to the Authority of any allocation made or to be made to this City in the 1 calendar year 198S (with respect to such Bonds) is hereby made and approved. aft r 1teSECTION VI: This Resolution shall be effective from and passage and approval. r City of Denton City Council Minutes Meeting of April 23, 1985 I Page Six PASSED AND APPROVED, this the 23rd day of April, 198S. aynr, Lity o en on, exa ATTEST: tZT y-Fecietary, city of Denton, Texai APPROVED AS TO LEGAL FORM: ' BY: I Riddlesperger motion, Hopkins second that the resolution be approved. On roll call vote, Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unalimousiy. Mayor Stewart asked at what point did Mr. 'tushing feel the situation would stabilize. Mr. Rushing responded that the hope was to have a revolving fund and to be able to recycle payments into new loans rather than to borrow. f 3. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. ' 4. The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Hopkins requested a report on investments. 2. Mayor Stewart requested a discussion or consideration of L the Sister Cities Program. r With no further items of business, the meetirg was adjourned. RICRARD . s , o HERrrM Ii 1761C DATES May Itl, 1985 CITY COUNCIL REPORT FORMAT 6;Z TO: Mayor and Members of the City C-)uncil FROMI G. Chrie Hartung, City Manager SUBJECT: NORTH TEXAS STATE UNIVERSITY SOLID WASTE CONTRACT RECOMMENI)ATIONr of the • CitysoffDenton anddNorthpTexas State University forrSolid wathesteagCollreement the Disposal Services. SUMMARY: The contract contains an initial term from June 1, 1985, to August 31, 1985, and may be extended for three additional one year to nns. The contract price will amount to $132,444 for one year's service and will increase divisional revenues by $11,044 per month, The contract price as bid by the City of Denton was designed to recover total costs plus a 10% return on investment. in order for the City to provide such service, it will be necessary to add one additional commercial driver position to the Commercial Division and purchase a new front-loading container truck. We do not feel that the workload or service required by North Texas State University will fully utilize the new crew or %ehicle on a full-time basist thus, this venture will allow us to expand our service level by offering an alternative service method not currently available in the community. There is some degzee of risk in this endeavor as North Texas State University has the option of not extending this contracts however, we are confident that the potential benefits are worth the possible risks. BACKGROUND: Some months ago, North Texas State University decide:l that it would like to eliminate its solid waste collection system and contract such services out. In January, we submitted a bid to North Texas State Vniversity to provide such service as we saw this additional business as a substantial benefit to our operations. For some time, we have desired to convert our side-loading container system to the more efficient and cost effective front-loading system, but have not been able to generate the resources to make such a conversion feasible. The. North Texas State University service will allow us to offer a new service to our customers while allowing us to begin a slow conversion to the better system. PROGRAMS, DEPARTMENT'S: OR GROUPS AFFECTED: ' Commercial Collections Division r i i i L , C i NORTH TEXAS STATE UNIVERSITY SOLID WASTE CONTRACT t Page 2 FISCAL IMPACTo The impact of this contract will be directed at the Sanitation Fund in terms of both cost and revenues. The annual cost of this service is estimated at $119,200 and the annual revenues are estimated at $132,444, resulting Li a profit of $130244. Respectfully submitted: G. Chris Hartung City Manage ' Prepared byi Bill Angelo Assistant Director of Public works Approved by: 1 ` Bill Angelo Assistant Director of Public Works r sw7 f k r R E S 0 L U T 10 11 dHEREAS, the City of Denton owns a solid waste disposal se-lice; and WHEREAS, North Texas State University and the City of Denton are desirous of entering into an agreement for solid waste disposal service; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: SECTION I. The agreement for solid waste disposal service between the City of Denton and North Texas State University, attached hereto and incorprirated herein by reference, is hereby .pprovcd. SECTION 11. The Mayor is hereby authorized to expcute the attached agreement on behalf of the City. ' SECTION :I1. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1985• v CITYDENTON, TEXAS ATTEST: , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON$ TEXAS I I I I i 1r f ' 1082L (1 ' !1 r ~ ( THE STATE OF TEXAS § { AGREEMENT BETWEEN THE CITY OF DENTON r f COUNTY OF DENTON § AND NORTH TEXAS STATE CNIVERSITY i WHEREAS, North Texas State University (hereinafter referred to ` as "NTSU") has advertised for bids for solid waste disposal service and the City of Denton (hereinafter referred to as "City") having submitted a bid for such services; and i 1 WHEREAS, NTSU having accepted such bid and the parties are I desivaus of entering into an agreement for solid waste disposal service; NOW, THEREFORE, WITNESSETH: ' k I. SCOPE r ! City shall provide NTSU with solid waste disposal services in accordance with the condition.' end provisions outlined in Exhibit A, attached hereto and incorporated by reference as if the same ` were set forth in its entirety herein. I II. PAYMENT NTSU agrees to pay City in accordance with the rates AS set { forth in said Exhibit A. III. CANCELLATION This contract may be cancelled by eirher party for just cause by giving written notice to the other party no less than sixty i (60) days. It is understood by and between the parties teat the foregoing provisi%n shall and does supercede the cancellation provision contained is Exhibit A. IV. SERVICES A. Both parties agree that this agreement is subject to the provisions of Chapter 325, Subchapter B of the Regulations { promulgated by the Texas Department of Health, as the same exist now and as may be amended from time to time hereafter. B. Both parties agree that the section ,ddressing "Required { Service" is hereby qualified by the following paragraphs: r ` PAGE 1 10 R r r. Authorized waste stored in conformance with applicable ` state and local regulations within a ten-foot radius I`r of a regularly serviced container, will be removed by the City, provided the number of times such overage is placed for disposal within said radius does not exceed twenty percent (20x) of the total number of services provided to that collection point during any calendar month. If such placement exceeds twenty percent (201), the City will notLfy NTSU of the need for increased container capacity or service frequency at said collection point, and the parties agree that the I City shall amend the collection schedule and monthly fees accordingly. NTSU may refuse such adjustment when initially notified by City, but shall not thereafter require City to collect waste not deposited in dumpsters at the collection point in question. f Should dumpsters be overloaded so as to make them unserviceable, additional charges may be made to NTSU for costs incurred by the City in its efforts to f restore the serviceability of the containers in question. For example, the removal and disposal of large quantities of construction material (e.g., rock, iron, concrete, soil) and/or wetted garbage may require the application of additional equipment and personnel, the cost of which shall be billed to NTSU. C. This agreement does not encompass the collection or disposal of special wastes or hazardous wastes. IV. TEM The initial term of this agreement ahall commence June 1, 1985 and continue through August 31, 1985. Thereafter, NTSU shall have the option to extend the contract for three (3) additional one-year terms. PASSED AND APPROVED this the day of , 1985. CITY OF DENTON$ TEXAS ATTEST: CKARLOTTE'ALLEN* CITY SECRETARY CITY OF DENTUN, TEXAS APPROVED AS TO LEGAL FORK: f DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON) TEXAS BY: tIC~fLiI ~I/~ /t i I '~7, r~ rll1l PACE 2 F r MMTATION TO 610 SMTO ~ --MORT1 TEXAS STATE 1K1V(1S11%1DOCMMU6TWN11ROW P.O. as 1" S/T, $""a QUOTE F.O.e. WSTiNAMN AOtNtr TO stio►CA OMMMS, T" ?*w N01TT ee TE Xi3 tTAT♦i uN►vExsm pp OPEs11110 t Pit Jan . 22 1985 Pvm+&Wr,Oma lNow 66 OPINING DATt AE IOPtNO. FA. IN 113011 N.T. OWN" A" 101006141710111 MA+e IR OF OMMOe, Twr "m IN LOMA It" MAiq ~ ► . Oa~ r Cdwtrl C; UALte a10 :.rn S10 t,D S AoINCT ASCSmNO A0011 tK WPS AND wow as MISS OTMM*WM SFtOIMO WOW AE um AOORM OF /ti11 Sit 041, UCT~ONS 11 ON EACA 1 lrthoo41O Nu~ i STINAT MAN ADOVI S~OOEN AWIS TO DI ei V[wO0111 ~0 MAM611 L ~-~t~OO NORTH TEXAS STATELWEASIV COWLVWTMALI V~ Name 04F+rw Cit;T of nenton Crnu Aem" wr*~oVW COMMIoNS KLOW Hil J:Nbti... ►OSooUtN ~a~R in %teeAi4.," 21: 'T.:inaey : 900 - X%**% no's I%m ..Groton, :e::as 7_ ntr ro UAW $1111110 M»nMna1 ouMlMft wT 1An rat! You are invited to furnish North Texas State University, Deaton, Texast with a bid for the Job shown below, according to the attached i documents. Sealed bids will be received until 3:00 P X o'clock on the bid opening date shown above, Bids may be wiled to Physical Plant Dlreetoro P.O. Box 13527, M.T. Station, Denton, Texas 76203, or brought to the Physical Plant office at 2204 West Prairie Street. Mark Job title on outside of bid envelope. All bid envelopes *111" be opened and read aloud at the above time and date. Bids received after bid opening will not be considered. North Texas State University reserves the right to reject any or all bids, i and to waive any irregularities. Inspection of site may be We by calling person shown below at 817/565-2752. For site inspection, contact; Paul Gooch Job Title: Solid Waste Service `f I ' a, IM "W614 4.600 elArot 1M 610,W woof cruM. RAI ~MtrM N O'ddW now ti Fm. W0or0oA p.,11«w0, OEIIVEAr IN W vwoM on rWr.w~.0 by 04 I~ a anyorr WAA, For PICA Ara, obrwsw a NkA01 No V*0WW M .Mbvw NORTH TEXAS STATE UNIVERSITY Purchasing Ageal - Dealoe, Teaat 76203 ! r 8 rye 9Wo►edq tats r Oeh 22212181 i rJ{, Jan. 22, 1q185 g~a teats Menlee a ate n - Bidder Must hfi in +mo► Si ty of Benton la o" o.., con P*"A . 1"9e04.1 scope: ort Texas State University desires to enter into a contract with the company offering the most advantageous proposition to the University. This contract will be effective from March 1, 1985 through August 31, 1985 with an option to extend for 3(three) additional years, subject to one year intervals. Prices are maximum and the University shall be protected against any increase in price during the term of the contract. If there is a reduction in the price during the term of the contract the price to NTSU shall be reduced in t;ie amount and manner as the greatest reduction in price granted to any political subdivision or segment of the trade. OPTION CLAUSE: It is agreed that North Texas State University shall R have t Fe op icon to extend the contract 3(three) additional years sub- ject to one year intervals. Notice shall be served at least 60 days prior to termination at which time the successful contractor shall agree or disagree to the extension within 30 days. ESCALATION CLAUSE: Should market conditions prevail which dictate an increase the successful contractor may submit documentation requesting permission to increase pricing 30 days before such extension becomes effective. Escalation may only occur at the time of renewal and ONLY upon supplying documented manufacturer's invoici,lg or other relevant data which reflects the increase and securing the approval of the Purchasing department in writing. The term of the contract or the continuation of the contract, if con- tinued, is contingent upon the availability of funds. Should funds be unavailable or not appropriated by the legislature of the State of Texas, the contract is subject to cancellation. The option is nain- tained to reinstate and continue the contract should funds become available within a reasonable length of time. Should funds not be appropriated, neither the University nor any of its agents shall be liable for discharging such obligations. Cancellation This contract may be cancelled by Worth Texas State University fo•: any reason after giving 60 days written notice to the contractor. f Nonassignable Contract This contract is between !+orth Texas State University and the selected contractor. The service provided in this agreement shall not be further assigned to another agency except by expressed per- mission by North Texas State University. r' NORTH 1 ERAS STATE UNIVERSITY a~~..w. Purchasing Agent - Natoe, Tease 1610) Pole -+3 eI -8 tN" OW OMi4leee . 1 ii~l i~85 Dsh eeeees$@ Jan. 2 2 Rg1YRa e e e e 1 Msrbr e1s111 No" 4so,eee City of Denton ` Biddix Mw+ Fi1! ~Il 1HIsr 1111111 ow UAW "WILbi go""W, SAFETY: r" In performance of the service the contractor shall protect the work, adjacent property, and persons in a manner satisfactory to the University. Special attention shall be given to the observa- tion of all safety precautions so that the work will not damage or endanger students, employees, property, or the general public. The contractor shall be responsible for any damage or injury due to any act of neglect attributable to persons working under his direction. The contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of persons or property to protect them from damage, injury or loss. In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. r As a safety precaution, the vehicle(s) used by the contractor shall have two operators at all times, with one person acting as flagman at the rear of the vehicles(s) to warn pedestrians of its movement. This person shall wear appropriate safety clothing and carry a ` warning flag during the time the vehicle(s) are making pickups. There will be no movement of vehicles in the inter campus area during class changes. Conditions at Site or Building: • The Contractor is responsible for having visited the site and having ascertained pertinent local conditions such as location, accessibility, and general character of the site or, building, the character and extent of existing work within and adjacent to the site, and other work being performed thereon at the time of the sub- mission of his proposal. Any failure to do so will not releive him r from responsibility for successfully performing the work without additional expense to the owner. 1 References Contractor should provide with the bid not less than three references of similar service locations. NORTH TEXAS STATE UNIVERSITY Parchaiiai Agest • Destoe, Texas 76203 iaM of 8 - P"M Jan. 85 ` 0.0:8 1181 1 PAL 1 «pId115 11113 M"hr :goals 61jdK Mud FM In aw♦ N"o d a31a11 City of Denton lw4w 8153111 V~4re R r Insurance: ` he ontractor shall not c=ence work under this contract until he has obtained all the insurance required hereunder and certi- ficates of such insurance have been filed with and approved by the Owner. Approval of the insurance by the owner shall not releive or decrease the liability of the Contractor. The contractor. shall provide and maintain, until the Mork covered in this Contract is completed and accepted by the Owner, the minimum insurance coverages as follow: Type of Coverage Limits of Liability 1. Worker's Compensation Statutory 2. Employer's Liability $100,000 $3009000 3. Comprehensive General Liability each occurrence aggregate a. Bodily Injury $5003000 each occurrence b. Property Damage $100,000 53009000 each occurrence aggregate 4. Comprehensive Automobile Liability a. Bodily Injury $300,000 $500,000 each person each occurrence b. Property Damage $300,000 each occurrence 5. Umbrella Liability (Excess) $1,000,000 each occurrence Bone: Contractors other than municipalities, upon written notification of intent to award, shall provide NTSU with a Per- formance Bond equal to 1.5 times the amount of the contractual period. Said bonding document shall be provided to NTSU within 10 calendar days of written notification of intent to award or the bid may be declared void. No purchase order for the ser%-ice to begin will be issued until the bonding document is furnished to 1JTSU. k t r NORTH TEXAS STATE UNIVERSITY G,*4... Nrchaeiel Altat - D.eto., T..at 7620I I. . ~ . .f Iqu wow Its* January 22 85 L+lt.ttlw t t r t t M.ri.r t 19 1 M..e of as tatt City OZ Denton elddor Must FM in nowl► s+W 1:4113hest. o.. C"W w.. o1w►.ti I Payment: The University will furnish the successful bidder with the appropriate billing information. Payment will be made monthly through standard University procedures. Payment for completed work will be approved upon presentation of an invoice outlining all services performed during the previous billing period. Invoices must be presented and must reference the NTSU purchase order number. ~RRe__gguired Service: Afire use s a 1 be removed from the containers in the schedule provided herein. No refuse shall be allowed to remain in the containers after each emptying. Containers shall be left in an orderly manner at the designated locations. Pickup is to inclu~.e all boxes and crates, uncrated debris, in- cluding all wet and dry garbage, etc.,within a 10 foot radius of the container. Driver of trash pickup vehicle(s) shall be responsible to pickup trash that falls out of container during unloading operation. E ui ment Specifications: All collection vehicles shall be of such a design as to eliminate the possibility of having trash blown from the bed; while traveling from one location to the next, and trips made to the landfill. Con- tractor shall demonstrate adequate backup capability to maintain the required schedule for th- life of this contract. The University dumpster locatioas are currently set up for a front loading trash truck. Some areas may not acconodate a side loading truck because of space limitations and or practicality. While side loading trucks are not excluded from this bid it shall be the con- tractors responsibility to make the pickups where the dumpsters are currently. University-Furnished Property: Dumpsters will bfurnished under this contract. The duripsters are designed for a front loading fork. Personnel and Workmanshi : The contractor will be required to furnish all qualified personnel and adequately supervise their activities while perfornins this contract. The contractor shall provide a full service representative to rest;;ve any and all prpblems which may appear during the ccurse of this contract. 10 NORTH TEXAS STATE UNIVERSITY Nrrhaeiel Agent • News, Texas 7020! Ill O/e~eMO a . s . 22, 0eh sass lost I /!L-Jan. l.~e~Nlea s , a s a Nstier aeaeaa Bidd#r Mutt FM in weee► City of Denton (Rom 0" c"or V" Cl►r.0y Re+seeleil Work Hours: Hours of pickup shall be approved by North Texas State University. Dumping Areas: 10 The contractor shall be solely responsible for depositing the waste material in an approved city, county or private sanitary landfill. All landfill fees or costs are the responsibility of the contractor. Holidays: NTSU observes unoFjual holidays. These holidays include a couple of days at Thanksgiving, 7-14 days at Christmas, and approximately 5 days in March for Spring Break. These holidays float and are approved on an annual basis and therefore cannot be specified in this bid. NTSU frequently does not observe national holidays such as Memorial ray, Fourth of July, etc. but would expect the successful bidder to make pickups on each day that the University is open. For holiday periods that the University does observe for which no pickups are required billing shall be reduced on a per day basis based on the monthly rate divided by the number of working days in that month. Partial Closings: During surmner months some of our dormitories and cafe terias are closed. The quantity of each is dependant upon sum- mer enrollment. for periods when these areas are closed the billing shall be reduced in accordance with pricing on -:he bid page in re- gard to add ons and deletions. Notification of Closings: Whether the closing is total (ie:Holidays) or partial, a contractor will be given a minimum of 1 week prior notice of such closings. Additional Work or Deletions: NTSU reserves the right to add or -ete plc ups by gzving tie contractor 2 weeks written notification (Formal change notice). Said modification will be based on the prices bid on the bid page in regard to add ons and deletions in relation to the cubic yard difference. (This clause is in reference to when NTSU acquires a new building or demolishes and old bi.:.ldina and denotes a long term modification) ° F 10 NORM TEXAS STATE UNIVERSITY 8_ F"s PurcMmieo Agent - Deeios. Tesar 76201 OW 0*s.lgsame =►M Jan 22 It 85 Odo rrsssrrr - tN.YMw :errs N.sioe r s s s s s ftw..lsrrrsr City of Denton Bidder Mud Fh in ••N10 7" o» e`.:; vmtwot►e~ e....+.+t Notes to Bidders: percentage you show on t-he bid page is not absolutely binding, and does not alter the escalation clause in the bid but it will be a factor in determining the award of the bid. For example- if you bid $1000.00 a year with 10% escalation factor and the bid f states the option to extend the contract as being for 3 years then your bid evaluation would be $4641.00 over a 4 year period for an average of $1160.25($3500.00+$1100.00 + $1210.00 + $1331.00). Please forcast this per=antage as accurately as possible. If you anticipate no increase you may note 0% escalation factor. 2. Since Holidays and closings are unpredictable they will not be considered in the evaluation of bids. 3. Bids must be on the form provided and be manually signed. 4. If as a bidder you are taking exception to any part of this specification said exception must be in writing and submitted with the bid. If the exception you list is unacceptable to NTSU your bid may be-considered void. Questions regarding acceptable exceptions should be directed to Paul Gooch and James Keffer. S. The successful bidder will be reouired to obtain a Vendor Identification number from the State Comptroller of Public Accounts if the bidders firm does not already have the number. Bid page: 1. Monthly solid waste pickup service based on attached $11.037 AO Mo. route list. 2. Add-on/Deletion Rates $ 3.02 per pickup a. 2 yard dumpster $ &,..O~per pickup b. 4 yard dumpster c, 6 yard dumpster $.9-06 per pickup d. 8 yard dumpster 112.08 per pickup 3. The anticipated percent of annual escalation at the time of each renewal, (should options to extend a contract derived from this bid be exercised.), is 0 ; for each additional year. The contract is in all Things performable and enforcable in Denton County, Texas. In the event of any breach of this agreement by the contractor NTSU stall be entitled to recover from the con- tractor all damages together with reasonable attorney's fee and court costs. NORTH TEXAS STATE UNIVERSITY Purchasiey Aleut • Deetos, Texas 1420) d 8 h*M O~ih0ii ISIS f 111 Jan. 22, 1 94 x ~.ri11a m a t e $ WIZ eeeeae Bidder Mud Fin in onn; fw. It as t as i as City of nentein IRSOM Ow COT L%hu A*«,.W itmMI ROUTE LIST(*Daily means once per day, 6 days a week, Monday-Saturday) 1. Physical Plant One eight yd. dumped daily 2, Physical Plant Two six yd. dumped twice per week 3 Physical Plant One four yd. dumped twice per week 4. Physical Education One six yd. dumped four times weekly f S. Chilton Hall One four yd. dumped twice per week 6. Music Building One eight yd. dumped daily 7. Administration Bldg. One four yd. dumped daily 6. Library One four yd. dumped daily 9. Hospital/McConnell One eight yd. dumped daily 10. Bruce Hall One eight yd. dumped daily 11. Bruce Cafeteria One eight yd. dumped daily 12. Masters Hall One eight yd. dumped daily 13, Marquis Hall One six yd. dumped daily 14. Science Research Bldg. One eight yd. dumped daily 15. Industrial Technology One eight yd, dumped three times weekly 16, Power Plant Four eight yd. dumped daily 17. Art Bldg. One six yd. dumped daily 18. Kendall Hall one eight yd. dumped daily 19. Highland Hall One four yd. dumped daily I' 20. Wooten Building One six yd. dumped daily 21: Print Shop Two six yd. dumped daily 22. Union Building Two eight yd. dumped twice per clay 23. Speech 6 Drama One six yd. dumped daily 24. Houston Hall one two yd. dumped once weekly 25. Eagle Arms Apts. One eight yd. dumped twice weekly 26. Kerr East Three two yd. dumped twice daily 27. Kerr West One two yd. dumped twice daily 28. Kerr Cafeteria Two eight yd. dumped daily 29. Maple Hall One six yd. dumped daily 30. Maple Cafeteria One six yd. dumped daily 31. Clark Hall One six yd. dumped daily 32. Clark Cafeteria One eight yd. dumped daily 33. Crumley Hall one six yd. dumped daily 34, Quads One eight yd. dumped four times per week 35. West Cafeteria One six yd. dumped daily 36. Advancement Center One two yd. dumped three times per week 37. Suliivant Center One four yd. dumped twice per week 38. Oak St. Hall One six yd. dumped three times per week 39. NTSU Apartments Two six yd. dumped three times per week 40 Coliseum Two six yd. dumped twice weekly 41. Golf Course one four yd. dumped twice weekly 42. ;'lens Gym One four yd, dumped three times per week 43. `fissile Base Two four yd. dumped once per week 10 Page 1 of 3 Pages CITY OF DENTON EXCEPTIONS% Al THROUGH 15 j EXCEPTION 11 (Reference page 2, sections entitled "Scope," "Option Clause," and "Cancellation") The proposed service to the University requires substantial investment by the City for equipment and personnel, the sole application of which k would be waste collection at the University. However unlikely, it is 1 nonetheless essential that Denton citizens be protected from any eventu- ality in which extremely expensive capital and labor resources are idle. r Therefore, the City takes exception to the sixty-day cancellation clause f as written in the bid document and proposes instead that the agreement be considered binding throughout its entire term as outlined in the section entitled, 'Scope." The City does recognize, however, that the contract may be cancelled by either party for just cause, -)rovided the offended party gives written notice sixty (60) days before such cancel- lation i; to be effective. f EXCEPTION 02 (Reference page 5, section entitled "Required Service") Texas Department of Health Regulation Chapter 325, Subchapter a dictates procedures that may constrain activities described by the bid document. (A copy is appended for your convenience.) Neither the City nor another vendor may agree to participate in collection activities which •liolate Federal, State, or local waste-handling regulations. EXCEPTION A3 Ax,thorized waste tored in conformance with such applicable zegulations will be removed by the City where within a ten-foot radius of a regular- ly serviced container, provided the rwnber of tines such overage is thusly placed for disposal does not exceed twenty-percent (20%) of the total number of services provided to that collection point during any calendar month. In which case, the City will notify the University of the need for increased container capacity or service frequency at said a. 10 Page 2 of 3_ Pages collection point, and the City will accordingly amend both the col- lection schedule and the monthly fee charged the University. The University may refuse such adjustment whe-A initially notified by the City, but may no longer require the city to collect waste not deposited in dumpsters at the collection point in question. Should dumpsters be overloaded so as to make them unserviceable, addi- tional charges may be made to the University for costs incurred by the City in its efforts to restore the serviceability of the containers in question. For example, the removal and disposal of large quantities of ' construction material (e.g., rock, iron, concrtte, soil) and/or wettu] garbage may require the application of additional equipment and person- nel, the cost of which would be billed to the University. A separate agreement will be required between the City and the Universi- ty for the collection and disposal of special wastes. (Sae :sxas Department of Health Regulation 325.136.) The City cannot collect or dispose of hazardous waste (See Texas Department of Health Regulation 325.291 - 325.316.) EXCEP`ON 14 The effective date of March 11 1985, for this agreement is based on a scheduled delivery date of February 25, 1985, for the new front-end loading truck to be purchased by the city for service to North Texas State University. £XCEPTIOV 45 By law, this proposal is subject to Denton city Council's review and approval of a contract between the City of Denton and the University that would restate the terms and conditions of thi.; proposal as submit- ted. 1 . r f Page 3 of 3-- Pages A Er. r REFERENCES 1. Moore Business Forms 1700 Woodbrook Denton, Texas 76201 7. Winn-Dixie ' 1115 Ave. C Denton, Texas 76201 3. Wyatt's Cafeteria 1008 W. University Denton, Texas 76201 4. GTE 310 W. Hickory Denton, Texas 76201 S. Skaggs Alpha-Beta 2321 University Denton, Texas 76201 6. Golden Triangle Mall 2201 1-35 Denton, Texas 76201 7. Peterbilt Air,-)ort Road Denton, Texas 7620' 8. Green Giant Factory (Pillsbury Comp: .y) 1725 Cooper Creek Denton, Texas 76201 9. Victor Equipment Company 2800 Airport Road Denton, Texas 76201 10. Russell Newman 320 E. Hickory Denton, Texas 76201 Additional references available upon request. I r 325.21 SUBCHAPTER B. Municipal Solid-Waste Storage. 4325.21 Applicability. This subchapter shall be applicable tainers shall be of suitable strength to min;mize animal to all public and private storage systems. Additional re- scavenging or rupture during collection operations, r quirements for stooge of hazardous wastes are contain- (2) Reusable Containers. Reusable containers ed to 44325.271.325.330 of this title (relating to Hazard- shaft be maintained in a clean condition so that they do ous Waste Managtment). not constitute a nuisance and to retard the harborage, 4325.22 Storage Regairemeats. All solid waste shall be feeding, and propagation of vectors. stored in such a manner that it does not constitute a fire, (A) All containers to be emptied manually safety, or health hazard or provide food or harborage shall be capable of being serviced without '.ne collector for animals and vectors, and shall be contained or bun- coming into physical contact with the sf )d waste. i~ dled to as not to result in litter. It shall be the respon- (B) Containers to be mechanically handled sibility of the occupant of a residence or the owner or shall be designed to prevent spillage or leakage during manager of an establishment to utilize storage containers storage, handling, or transport. of an adequate size and strcagth, and In sufficient num- 1325,24 Citizens' Collection Stations. Citizens' collection bers, to contain all solid waste that the residence or other stations should be provided with the type and quantity establishment generates in the period of time between of containers compatible with the areas to be - --ved. collections. Rules should be posted governing the use of the facility 4325.23 Approred Containers. All solid waste contain- to include who may use it, what may or may not be i ing food wastes shall be stored In covered or closed con- deposited, etc. The responsible county or municipal tainers which are leakproof, durable, and designed for government shall provide for the collection of deposited r safe handling and easy cleaning. waste on a scheduled basis and supervise the facility in (1) Nonreusable Containers. Nonreusable con- order to maintain it in a sanitary condition. 10 (7/12/83) 111 10 7SU NORTH TEXAS STATE UNIVERSITY r Office of the Vice Pres.dent For Administrative AMairs April 4, 1985 City of Denton 215 East McKinney Denton, Texas 76201 Attn: Sill Angelo Dear Sir, On March 14, 1985, Mr. Paul Gooch spoke with Mr. Joe LaSeau regarding an exception stated on your response to our Invitation to Bid Number PP-85-20 (Solid Waste Service). Your "Exception >il" regards the "Cancellation" statement and "Option Clause". r The cancellation statement reads "This contract may be cancelled by North Texas State University for any reason after giving 60 days written notice to the Contractor". Said statement is amended by replacing the words "any reason" with "Just cause". ` The Option Clause and Escalation Clauses must remain. No State agency can legally commit funds which have not been appropriated by the State Legislature. However, it is obvious that NTSU will continue to have solid waste for disposal. Our current plan is to have the City of Denton provide solid waste services, as a minimum, from June 1, 1985, through August 31, 1985, on one purchase F order. Service from September 1, 1985, through August 31, 1986, will be on a separate purchase order to accomodate fiscal year accounting/payment functions. If the above terms and statements are satisfactory, please co-sign the at- tached copy as accepted. Return then to James Keffer, P.O. 13527, Denton, Texas 76203. This is not a contract, but rather a post-bid clarification. Sincerely, Frederick R, Pole Vice President for Administrative Affairs Attachment Tip P 0 BOX 13737 DENTON, TEXAS 7C -1-3737 +817, "`4107 METRO 1157-+652 COPY INSTRUCTIONS '[0 BIDDERS: @Texas The back side of the "Invitatica to Bid"(Form 87A) state cites rules and regulations governing bids issued by University North Texas State University. These rules are applicable Denton.Taaas for all goods and or services procured by sealed bid 762" process and paid for by state funding. Physical Plant Though all of the regulations are pertinent please make:special note of sections: 1.19 1.20 1.61 1.79 2.1 6 4.1. Should a problem occur with a bid it will usually be covered by one or more of these sections. Regarding Section 1.6 ("Texas Vendor Identification Number"), the Comptroller of Public Accounts ra;tuires this number on all invoices to be paid with state funds. i. No payment from state funding can be made to a %endor with out a vendor I.D. number. In contractual situations > this number must be existing prior to the beginning of any work to be paid by state funds. AsListance in securing the Vendor I.D. Number may be obtained by phone at the Comptroller of Public Accounts office area code $12-475-2707 or toll free from anywhere in Texas at 1-800-252-5555. The Texas Application form for Vendor Identification numbers may be obtained through: Bob Bullock Comptroller of Public Accounts Revenue Processing Division 111 East 17th Austin, Texas 78711 Attn: Vendor File Section Thank you, James Keffer Supervisor of Stores NTSU Physical Plant JK/eml 2204 W. Prairie-Box 13527-N.T.Station-AC817-788-2751 ' DATE: May 14, 1985 C I H (,0(JNC [l. REPORT FORMAT TO: Mayor ,lid Members of the City Council FROM: Chris Hartung, City Mana er r i SUBJECT., APPROVAL OF PLATS AND REPIM S RECOI.NENDATION: The Planning and Zoning Commission recommends approval of the following: 1. Bellaire Heights Addition Phase One-Final Plat of Lot 16, Block C 2. Johnson Addition-Preliminary Plat of Lot 1, Block 1 3. Northside Addition-Preliminary and Final Replats of Lots 6-15, Block 4 4, W. J. Wheeler Addition-Preliminary and Final Replats of, j Lot 7-A, Block 1 5. Wimbleton Village Addition, Phase IV Tra t A-Preliminary and Final Replat of Lot 1, Block 14 r PROGRA:•IS, GEPARTAENTS OR GROUPS AFFECTED. I FISCAL 1APACT; f Respecttu/l v , 3 ra' feu: C arts sr ung City 'lerrager I Prepared by: <,yitaA~- - Cecile Carson Urban Planner App ve Jeff V eye% Director of Planning and Conununity Development CITY COUNCIL AGFND^. BACK-LIP SUMMARY SFICET MEETING DATE: May 140 1985 SUBJECT: Approval of the final replat of the Bellaire • Heights Phase One Addition, Lot 16, Block C SUMMARY: This tract is 0.156 acres located south of Weston Drive and west of Bellaire Street. This tract is more fully described as Lot 16, Block C alid shown in the M. Yeachum Survey, Abstract 1442, Denton, Texas. The property is zoned SF-?0 and a single family residence is anticipated. City services and facilities, includin4 :;atPr; gas, sanitary sewer, telephone, electrical, end solid waste are available. The plat; conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. The purpose for the replat is to relocate the southern property line on Lot 16. ACTION REQUIRED: Approval of the replat RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVES: T,enial of the replat ATTACHMENT: Rrduceu plat t CC. if Ci Cecil(, Carson Urban Planner 11629(3) t _.[!t4[2__!_~ 4- ePwrttllRtRr I II 16 ~lrt ' 'e e L o c K c RW~P14~b[ 0,lS/ AC. a a,~ l ~1 ~p T1 to II l II tAlloiDOt ADOI TIo~ floss Ut7PON ~W I~ toot t, Rt T f.RD01. 1LOCN C. OT t ` I w swa NUAW ww k WIG"" N w t M VICINITY MAP 1"12,000, AEPLAY OF BEL_AIRE HEIGHTS PHASE ONE OWNER DANNY ALL S 991N/ A REPLAY OF LOT is, L:OCM cl i1LLAI111I NEI/HTl, ►NAIE ONE, AEC. CAN. C, F4. tllj PA=.T. M. YOACHUM ItMY 1.•1441 C,Y I 0 COUNTY oP saw","ota 4RAPHIC P11T I D, FIELDS I RECEIVEE h4AR2 C 1985 I 10 1 P ~:Qda'C L ij A6ENOA , ~.Izl 9Akt( SdriBP MEE'PfNG DA'Z'E: May 140 I'jd-) SUBJECT: Preliminary plat of the Johnson Addition, Lot 11 Block 1 • SUMMARY: This tract is 0.365 acres located at the southwest corner of Dallas Drive and Teasley Lane. This tract is more fully described as Lot 1, Dlock 1 and shown in the S. C. Hirams Survey, Abstract 616, Denton, Texas. The property iv zoned commercial, and a commercial development is anticipated. City services and facilities, including water, gag, sanitary sewer, telephone, electrical, and solid waste are available. ACTION REUJIRED: Approval of the plat RECOMME14DA'TfON: Phe Planning and Zoning Commission recommends approval. ALTERNATIVE: Denial of the plat ATTACHMENT: Reduced plat Ck u Ci 1.•ae v Cecile Carson Urban Planner 11108/7 r f 09 rt l ~sr T.. I / t l rtir el~~,. iii / 0 / t c O cL /LOT I I BLbCK I 4p / O.3 58 Ao.\ 4~,ItS'~ ~ S tOMME NCUIL LONE ` 44 ~ ? r s No a C1VI~ Ur~1 ~~KE 1444 N d' Ery, S / 6spo FNELIVINANI FLAT OYIIRR JOHNSON ADDITION DON ^N LOT I, BLOCK 1 0.365 Ac. S. C. HIRAM$ SURVEY A-616 CITY AND COUNTY OF DENTON, TEXAS i i 1 RI;CFIV I,r APR 31 85 I i I E CIPY COUN'-IL AJEFWA BACK-UN SJ14MARY SHEEP E I MEFEINJ DATE: May 14, 1945 SUBJECT: Approval of the preliminary and final replats of the Northside Addition, Lots 6-15, Block 4 SUMMARY: This is a tract of 1.9..5 acres situated at the southwest corner of North Elm and Third Streets. 1 This tract is more fully d,scribed as Lcts 6-15, Block 4, and shown in the BBB & CRR Co. Survey, Abstract 185, Denton, Texas. The property is zoned office (0) and an office development is anticipated. The purpose of the replat is to create one lot. City services and facilities, including water, gas, sanitary sever, telephone, electrical, and kr solid waste, are availarle. t ripe replat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. ACTION REQUIRED: Approval of the preliminary and final replats RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNA'PIVES: Denial of the preliminary and final replats 1 ATTACHMENT: Reduced plats CA (~'L Cake _ Cecile Carson Urban Planner U813J ElS RE ET IYnow i~ r P {11 3~1 04 I a! r ,J ~ • _ ~ i J t 1 TJ ~ O t. f( Q' 0 C,' e i e § Y I 4 ^ w f i~ ~ ~i J N N o 1 art y i<t',a s ~ ° ( 1n m I o r o Q o 1.. o tia } s -i i I r i ro r' r • la ~ '00. if a T' •1 ir)Mti•Nrf l.o~•`LUWSS STREET ( ' Raw,• ~ 4•y fill' PM ga Y C- 00 { j m ELM STREET loo' Row) ~ 17 7) ~ QY 1~~, I♦rf ,~...,1oi"% x. Co. 4Yoi >r lei ai ' i , rte; I r• r 1 r r r; r r X; ° U i 0 o V I a o o, o o . B • ' i0 I IA J .9r 71 IT A t4 :CD1 g i v,xk U ~ l` .-I. r A 14 ' ' M rY s y mH -1 r. t r r' r C t-JI r n r r CY U ``7' O D U Q Oi Q U Q j ~ I ..q a~ I .-I ~ -I i •i I O i •a f -1 ~ r r Y N u w . u; to ~ v. i i m ~ A ~ I 2 p I~I~I ; B _ LOCUST STREET (td Row) I A t A , ~is: 3 r t:31 ; 'tY:y i s.•~i1 i•3 :rsF? 8ieictid ~y; j♦7 7 iR ;713 . M«~ 1::a •~i '\.P i G7 ' rr = •i~y« ~ ~ i 1~ 7 1?f , n3 a f. ! ~ ii ~ A ' .r r r'!r r 71♦' !f s ~flE : y if i •3 S;s ~ _ 7:• i• } a 's t;r ~ ['.Orr; • ••IV V. • t d If46: y VI ~1!♦~ 11•-1 1~~ f fir ylr ' tt :f : f i 1.4 4St7.{ r0 ~ ~ ~ =f3 i3;11 ~ f' S:~ ' i 'i z H n 40 0r v z P orn 8 1r,•<•i" " O n : :li; °.;1~ Si ,t; 11 flf~ 7:f' , rjF ;5 " N' fps. ~Ir i s: f# !f ; A ~3~i i !1j i •.i f! i 1 i N 11 f I ~t fl Er ' r CITY COUNCIL AGENDA BACK-Up SUMMARY SHEET I MEETING DATE: May 14, 1985 Approval of ~:he preliminary and final replat of SUBJECT: the W. J. Wheeler Addition, Lot 7-A, Block 1 I h ! This is a tract of 0.6422 acres located on the SUMMARY: i west side of Elm Street between University Drive and College Street. This tract is more fully described as Lot 7Block 11, and shown Tin the BBB & CRR Survey, Abstract The property is zoned general retail (GRh and F. multi-family development is anticipated. h ~ ACTION REQUIRED: Approval of the preliminary and final replat P RECOMMENDATION: The Planning and Zoning commission recommends approval. ALTERNATIVES: Denial of the preliminary and final replat ` ATTACHMENT: Reduced plat Cec a Carson Urban Planner 0839) 2) 10 iY o r i ~ ^ O A 7 At • i u L I r r • Ik _ NB6•LI'L2"C 1728d - 171 71 ' 11 A ~ I o: ~FH 1 ~ aY1 I^ 4' 4 ~ ~ 1 j ~1 • 5~~ N j a 11 r i o r l= J i~ Pt i, 4 I ` l ui 6 , A Ni +i ~ / V r pp I i ii 'u, R IIF{ an. B i _ IB 171 44' l' rr aL wit, I II.I0'J7'W 172.90 v 1j ~ e 1 I ~ \ INt b,• y /i M . o 0 IIA aa~7 ~oRB~ t ~kk23 ~1 - ISKy7 ~ { - ~ i i3 ^R•~ ` oil i~ G r i 1 A 2 gel 3; F-5 I -k) Z8 4 SS kk s A ia~ L L• S j F 2A s 1 ~i"E lea e9 w h i ~iFr ;d fir. ^J ~ r e I ro _ u ~i { r le i , ~ • r r V 1 ~ l~~l ~ 1 ~11s ~ I ~ I ~ N 1 I ~I O i I • ~ o~ o! I ~ ~ o i O r5i w : a I ~ 4~ s 111.4 4' PJO I Y. I tee'40'37 )N l i 3 m - Rx•~ t r r 'i yxsi i i a R i .i iE ~ ~ f ~ C ~ l~ •R` F~~ ~~':i ~ ~ ; ~ ,i+~~~ yg pie" ~"r ~k ! ~ !i ?~i~~ ie f ~ ~ sS§ r~a, k ; i ;e. st ~ t%~i ~ x~ 3 i1 y' t~ 7J i . N ~ Ci~ ~ a r t p ' cry :t ie t spt~ yi •+„I ~ ~ri i is ~ s p ~ ►Rg b~is ~te E~ ~ ~ ~ ~ ~~i~i X-4 t# x !~Aii~ g° ° r r:t 3 chi t 3 p~ s IrFI S i All r %%z ty a { g~t pa: ee ~cx: is F. i 8 8 r.i y;~• P- S • E all 14 8 :6: CCt a a ,eri ~ ~ jig a Y ~xA • ~ ~ iR4 i s~,'y 3t! 3ti N N CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET ~ E MEETING DATE: May 14, 1985 SUBJECT: Preliminary and final replat of the Wimbleton Village Addition, Phase IV, Tract A, Lot 1, Block 14 SUMMARY: This tract is 0.3475 acres located on the southeast corner of Winston Drive and State School Road. This tract is more fully described as Lot 1, Block 14 and shown in the MEP & PRR Survey, Abstract 9500 Denton, Texas. The property is in a planned development district j and a single family use is anticipated. City services and facilities, including water, j gas, sanitary sewer, telephone, electrical, and solid waste are available. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. The purpose is to create one single family lot. ACTION REQUIRED: Approval of the preliminary and final replat RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVE: Denial of the preliminary and final replat ATTACHMENT: Reduced plat Cecile Carson Urban Planner 11749 1 10, 1 14 01,1 6~ ti 1e~ a+ 1 •o. •2 'f s 'N 0 1, 1 14, • I a , ~ yyY gip. / ~ l.~~r, ` ~ 41 0 • ~ f ~ Ord f/ 9 , ~ 1••' 0l~0 ~ Its J smog-'- ? - T I•:r lit all ai of ea~lb ~ee~•Ei n~ o ~i 1111ij if 0a. =f ~A `E l~s.~ ~ b~ . ~3;~8 ~ ! a s', ~iinl44 oLis 01,~~ll « e $ 9 b dp~d~ i~ e4e 'Y ii Ilyapri~~ gig J~ J.3 . z lil e~ e fix u r 0A r- w Voo a i. PA'P` :i•'•iL' \ ~ ~ ` r J \ G R8 lk J R ~iy r., i y0 •I, 3 ~r~ 1 s1 • b ~ RR'~EA~ ~ ~ ~I ~•I 9~ al E)R~?~ i =EE p_ ~ a a r'E E;~' s > ; e~ i ~iE9 E1 za i~;i~ a~ ds a la a Its gg -r a a e pi c t, Yp t ; p; Y E' ;Iglu j ~ i i~ ~a ; iep5 •}~5Ar E ON sn E)n~~ ~ " i ~iiIN s d A' ii ^e'i~ E 3 is 4! ~J~~) g i ~t~ Ec'ii E ~'°-!gar ~~~Yli:~i~ •y~~$ •i 9 S ~ • sia ii0 a° a zriaE ~ P.R i°~d- E @~`- aA 4 ;VIA j~atE~~ ~ 6A~.) ~a) ~ ki f~Y~~♦ 4~ b;i 3ta•A ~ E fEi.J d .ra •iE"~ i E* a' E°p~i: a~p fps= B ss py 19 ~ !$EAE s~`E£ )'fi= f•~~i ~ Eae ~QE~fe €„~i~.i is Wi t a. ti v v P R I ' APR I r I LAN DING April 159 1985 1 Charlotte Allen City Secretary 215 E, McKinney Denton, TX 76201 Dear Ms, Alleni i I am writing to request permission for a banner to be hung across Avenue E from NTSU Freshman Orientation in July until the second week of the fall semester in September. ` The banner will be 3 inches high x 25 feet long and will welcome ` students. We would appreciate your consideration of this request. Thank you, Myrna a chez Sales an ger MS/mg 218 Avenue E Denton, TX 76203 817/5659902 FROM DATE: 05/14/85 CITY COUNCIL REPORT FORMAT Mayor and Members of the City Council I T0: FROM: 0. Chris Hartung, City Manager ' I SUBJECT: PUBLIC HEARING FOR ZONING CASE Z-1730 ¢ECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of April 10, 1985 and voted to recommend approval of Z-1730 i' with conditions by a vote of 7-0. SUMMARY - This is a request for a change in zoning from the agricultural (A) district to the planned development (PD) classification on a 14 acre tract located along the east side of Riney Road, adjacent and south of Hwy 77 and north of Windsor Drive. If approved, the planned development will permit the development of 31 single family detached lots and a retiremont/recovery center. BACKGROUND: The intensity/density standard for this low intensity area will not be exceeded if this request is approved. The plan for the retirement/recovery center is fairly consi.tcnt with policies for diversified land use in low intensity areas and appears to have the support of neighboring property owners. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: There is no impact on the general fund. ti Respectful) submitt s • s~~ G. Chris Hartung Q Prepared by: City Manager J 1nJ !LA /.L'f1 Denise Spli(ey~- Urban Planner Appr ed: Jeff Me r Director o Pla ping and Community Development 11818 ,T PLANNING AND ZONING COMMMISION REPORT TO THE CITY COUNCIL To: Denton City Council Case No.: Z-1730 Meeting Date: May 14, 1985 ` GENERAL INFORMATION Applicant: Ana Rocco Pena 4300 Valleycrest Drive Arlington, TX 76103 Status of Applicant: Owner Requested Action: Change in zoning from the agricul- tural (A) classification to the planned development (PD) district Purpose: Single family detached and retirement recovery center Location and Size: 14.0734 acre parcel located along the east side of Riney Road, adjacent and south of Hwy 77 and north of Windsor t Drive at a point approximately 220 r feet east of the intersection of Rine Road and Windsor Drive Existing Land Use: Single family residential, triplex, and vacant Surrounding Land Use and zoning: North - Single family, agricultural; SF-16, A South - Single family; SF-7, SF-10 East - Single family, agricultural, vacant; At MF-1 West - Single family, vacant, park land; At S -130 Northeast - Multi-family, townhomes, vacant, institutional; PD-81 MF-1, MF-R, PD Denton Development Guide: Area is designated as low intensity. (Case Z-1730) Page Two SPECIAL INFORMATION Drainage: Drainage is a major consideration at this site. The proposed development can be designed satisfactorily in terms of drainage facility capacity if adequate green space and other on- site facilities are designed properly. 1 i Detention will be required on the southern part of the property. Culverts w.11 be required under Riney Road to carry water to the west. Transportation: This property has approximately 11700 feet of frontage along Riney Road, an unimproved collector. If approved, the developer will be responsible for dedicating appropriate right-of-way and providing pavement, and curb and gutter improvements to half of Riney Road. A 42 foot portion of the tract fronts Windsor Drive at a point beginning approximately 220 feet east of the intersection of Riney Road and Windsor Drive. This site has approximately 970 feet of frontage along Hwy 77, a primary major arterial, maintained by the state. The planned development concept plan shows a rerouting of Riney Road that will intersect Hwy 77. All access points should be at 900 angles and must conform to Subdivisio Regulations. Sidewalks will be required as per the Subdivision Regulations. Public Utilities: Adequate electrical, telephone and gas service is available for extension to this site. T;Aere is a 16" water line in Riney Road on the west side of this tract and a 6" water line in Hwy 77 along the north side of this tract. There is an 8" sanitary sewer in Hwy 77 extending along half of the north side of this tract. (Case Z-1730) Page Three ZONING HISTORY The City Council denied the request for a change in zoning from agricultural (A) to the planned development (PD) classifi^ation for 118 multi-family and 41 two family units on this same 14.0'1 acre tract on May 17, 1983 (Z-1575). Considerable opposition from the Northridge community appeared to be a factor, and questions about drainage were also stated as a concern of the City Council. The Planning and Zoning Commission recommended approval of Z-1576 by a vote of 5-1 with three conditions. Staff also recommended approval of the request. The City Council also denied the request for a change in zoning from the agricultural (A) to the planned development (PD) classi- fication for single family detached housing (15 lots with a typical size of 80' X 1101), single family attached (townhomes - 56 units), and duplexes (13 lots with 26 units) on this tract on February 7, 1984. Considerable opposition from the Northridge community again appeared to be a factor in the City Council's decision. ANALYSIS This property is located in a low intensity area which has been designated by the Denton Development Guide as one of the primary residential areas of the City. The provision of 31 single family detached lots in this development obviously complies with Development Guide policies. The intensity standard for this area will not be exceeded with the approval of this development due to the ?.arge amount of undeveloped, agricultural property in this area. Diversified land use is permitted in low intensity areas as long as: (1) there is strict site plan control within one block of existing low density residential development so that the character of the area can be maintained, (2) traffic planning insures access by a collector street or larger nd traffic dons not flow through local streets, (3) the overall density/intensity standard is not violated, (4) Eufficient green space and recreational facilities are provided, (5) there (s input into planning by the neighborhood. The site plan for the development shows a three story 58,000 square foot retirement/recovery center. Seventy-two parking spaces are adequate for the proposed use. Access to the retirement/recovery center is shown on the proposed rerouting of Riney Road. This plan would feature a cul-de-sac at (Case Z--1730) Page Four ANALYSIS (Continued) the northern terminus of the old Riney Road and eliminate its intersection with US Hwy 77. The site plan shows adequate setbacks and parking for the retirement/recovery center. Ingress-egress is currently located on the proposed 60' collector street. The overall density/ intensity standard for this area will not be exceeded if this request is approved. The developer has met with interested neighbors several times and has reported that property owners are generally supportive of the new plan. RECOMMENDATION The Planning and zoning Commission recommends approval of z-1730 by a vote of 7-0 with the following conditions: 1. The overall density level of the entire tract shall not exceed 7.9 units per acre. 2. The retirement/recovery center shall be limited to 80 units. 3. The developer shall dedicate appropriate right-of-way and provide necessary off-site street and drainage improvements in accordance with City of Denton requirements along half of Riney Road from the southern terminus of the road to the beginning of the proposed new alignment of Riney Road. The developer will be required to pay total cost for that section of Riney Road within the development (no City participation in oversizing). 4. All single family detached lots shall be a minimum of 81000 square feet in size. 5. A six foot solid wood fence shall be erected along the southern boundary of the retirement/recovery center tract. 6. Care of alcoholic or narcotic patients is prohibited. 7. The use of the building designated as "retirement/recovery center" on the concept plan will be limited to providing lodging, meals, and nursing care for ill or elderly persons only. 8. If the single family dwellings are two-story, no windows on the second floor will face existing developed property. 9. The single family dwellings and retirement center shall be of masonry construction. will be h allowed property to flow subdivided across the n north developed, line of drainage 10. not When the n Dane property. 11. All dwellings shall be a minimum of 1,600 square feet in size. 12. Existing Riney Road shall become a cul-de-sac at its northern terminus to prevent direct access onto Highway 77. Plans for installation of cul-de-sac are required at time of platting. Actual cul-de-sac must be installed when initial development occurs. (case z-1730) Page Five ALTERNATIVES 1. Approve petition with conditions 2. Approve petition with additional conditions 3. Approve petition without conditions 4. Deny petition ATTACHMENTS 4 1. Map 11 2. PD Concept Plan 3. Memo from Jerry Clark, City Engineer 4. Reply Forms Total 5. Property Owner List 6. Planning and Zoning Commission minutes of the meeting of April 10, 1985 a i i I, 1088<1 Y • I \1 is ti \ \ t• F rr ~f ~ r ' s0 e Ile top .9 aR+>rL~L \ ~r+f ` 0% r OLOCK C ~ ~ ` pro 0 CUM RfRi g/LR'Af [ ? ` ~Q + ETI MENT 4 NU IN CE R \ \ 4 Hrf • aLr. sf r • ! ~ 11 'f is N I l f I _ n. eL j f+ I I~ u BL G C Ole I ~ I 1 a 0 e1 fe U e UR I " Z + ♦d • OL t~ 4 / / • 7 e yR I I/( FA + I ~ Q J y~ ~a / I I /fr 1 I ! f p ~yt! to 1. ~I 1 • ' ' ,M1 i ~ I I / I r. v x~ CITY of DENTON, TEXAS MUNICIPAL BUILDING / DEN TON, TEXAS 76201 / TELEPHONE(817)566.8200 A E M 0 R A N D U M DATE: April 4, 1985 TO: Denise Spivey, Urban Planner FROM Jerry Clark, City Engineer RE: Z-1750 The tract has several items regarding public infrastructure that are outlined balow. 1. Riney Road in a collector street -411- (60' right-of-way) that is being rerouted to match Donna Street. We are asking that the connection match what Donna Street will look like wick a 250' radius that connects in at a 900 angle, since this intersection will be signalized, it is very important for these two roads to meet exactly. On the same line, the current connection of Riney Road (seal coated) should be discontinued with a cul-de-sac if this project plan is followed and adopted. Tne developer should perimeter pave the b40' along the west in a regular manner. Then a choice exists between requirin$ the developer to pave all of Riney (including the City's 7 in the middle) or requiring perimeter paving of a cul-de-sac street (old Riney) along about 40U' to the nortci west. 2. Lots 1-5, Block A, should be redesigned with a private access easement entering off Riney. This will prevent another driveway in the strip fronting on Windsor. The developer would gain another lot by doing this from part of Lot S. 3. The corner piece of land of 0.333 acres should be considered at least partially for street right uedication for Highway 77. page 2 of 2 pages 4. Sidewalks should be placed along Riney Road and Highway 77. 5. Drainage is a fairly major concern as this tract should be directed to the collection basin just north of Windsor. ' Detention should be used to offset runoff increases as per policy. Drainage to the west in the northern portion should be handled with a culvert under Riney, no detention required. Please advise if further information is needed. Jerzy 1. r , P.E. City 'ni er j is f 110265E I i i i PROPERTY OWNER REPLY FORMS CITY COUNCIL 2-1730 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received Jimmy a Bernie Brown 405 W. University Denton, TX 76201 382-7102 i i 1 46 r i PROPERTY OWNER LIST - 2-1730 J. Newton Rayzor Joe C. Thomas 1204 W. University 700 Northridge I` Denton, TX 76201 Denton, TX 76201 E Ralph Cordray Billy C. Payne 1306 Hickory 624 Northridge Denton, TX 76201 Denton, TX 76201 Franklin Daniel Grady McEwin c/o A.S.P. Raposa 3101 Donna 225 N. Locust Denton, TX 76201 Denton, TX 76201 Edward R. Cottle Jerome H. Borth Rt. 5, Box 55 3105 Donna Denton, TX 76201 Denton, TX 76201 Richard L. Riney Dale Brown 1112 Linden 718 N. Elm Denton, TX 76201 Denton, TX 76201 Charlie Melvin Cunningham E. L. Newland j 2114 Robfnwood Rt. S. Box 30 Denton, TX 76201 Denton, TX 76201 1 Anna Rocco Pena John Montgomery 31 4300 Valley Crest Road 18 Donna Arlington, TX 76013 Denton, TX 7b201 Patrick Parker Robert R. Verbosh 3106 Donna Box 1x14 f Denton, TX 76201 Denton, TX 76201 Harris Troy, inc. Tarrant Bank 622 Magnolia P.O, Box 2368 Denton, TX 76201 Ft. Worth, TX 76113 Melvin R. Dane Edward Sachet 1028 Sanger Road 4405 I-35, Suite 13 Denton, TX 76201 Denton, TX 76201 ' Roy D. Martin Jimmy Date Brown 810 Sanger Rd. 405 W. University Denton, TX 76201 Denton, TX 76201 E. Deate Headlee 418 Magnolia Denton, TX 7620. Billy Crawford 706 Northridge Denton, TX 76201 Minutes Planning and Zoning Commission April 10, 1985 The regular meeting of the Planning and Zoning Commission of the Cite of Denton, Texas was held un Wednesday, April 10, 1985, at S:C p.m., in the Council Chamber of the Municipal Building. Present: Bill Claiborne, Ruby Cole, R. B. Escue Jr., Gary Juren, Robert LaForte, Tom Pearson and Andy Sidor Absent: None Present from Staff: David Ellison, Senior Planner; Denise Spivey, ' Urban Planner; Cecile Carson, Urban Planner; Joe Morris, Assistant City Attorney; Bob Hagemann, Fire Marshall; Jerry Clerk, City Engineer; Aoorosh Olyai, Transporta- tion Engineer; Ray Rumfield, Civil Engineer, and Debbie Boydston, secretary Chairman Bill Claiborne called the meeting to order. I. MINUTES: It was moved by Ms. Cole, seconded by Mr. LaForte and -unanimously carried (7.0) to approve the minutes of the 1 study session of March 6, 1985. It was moved by Mr. Sidor, I approvedthby Mr. e minutesPearson thedregular unanimously meeting carried March 027, 1983. If. CONSENT AGENDA: It was moved by Mr. Escue, seconded by 1 w ren, and unanimously carried (7-0) to approve the consent agenda as follows: A. Approval of preliminary plat of the Cedar Creek Addition, Lots 1-16, Block 1. B. Approval of final plat of the Creekside Addition, Lot 1, Block 1. C. Approval of final plat of the Garner Addition, Lot 1, Block 1. D. Recommend approval of preliminary'replat of the JBC Addition, Lot 3A, Block 1. E. Recommend approval of preliminary plat of the Naughton Place Addition, Lot 1, Hlock 1. F. Approval of final Vat of the Sauls Addition, Extension of Lots 7 and 8, Block 1. G. Approval of final plat of the Sunburst Place Two Addition. H. Approval of final plat of the Westgate Heights Phase I Addition. 111. PUBLIC HEARINGS: A. rZ-1730. Petition of Ana Rocca Pena requesting a change ipn zoningg from the aggricultural (A) classification to the located along otheneast Oside sofiRiney Road,0adjacent rand south of U.S. Highway 77, and north of Windsor Drive, at a point beginning approximately 220 feet east of the in- tersection of Riney Road and Windsor Drive. If approved, the planned development will permit the following land uses: 31 single family detached lots on 10.6 acres with a density of 2.9 units per acre (minimum 8,000 square foot lots) An 80 unit retirement center on 3.S acres with a density of 22.9 units per acre P b 2 Minutes April 10, 1585 Page 2 PETITIONER: Greg Edwards, representing the petitioner, exp a n-the revised site plan and stated that th-y have support of the neighborhood. He referred to staff's recommendation stating that five conditions were sug- gested by staff and five were suggested by engineer. He r had equested clarification on condition #3 stating that he tional tionalerightkofgway. Conditionn#4bstates dedicating ilots addi- be a minimum of 8,000 square feet and they have noted on the site plan that houses will be a minimum of 1,600 square feet. On question, he said that Riney Road will curve to meet with Donna Road, right-of-way to be pro- vided by developer. IN FAVOR: Ron Arrington, 620 Northridge, stated he is suppor ng request and appreciates the developer talking with the neighborhood. He said he would like to see a continuation of single family development in the area. He asked those present in favor to stand. OPPOSED: None present. maAF- Tie3 to0property owners; said reply 2forms notices were were returned in favor, none were returned in opposition, one was re- r turned undecided. She continued that there have been several requests made on this particular property, that property is located in a low intensity area which areas are intended for single family development with some diversified land use. Access to the retirement recor center is shown on the interior street and ade uate ery ing is provided. The proposal complies with Development Guide policies and intensity standard will not be exceeded. Staff recommends approval with conditions. On questions, she said that purpose of condition #9 is to prohibit frame housing. Mr. Clark suggested a cul-de-sac at the end of Riney Road to prevent its intersection with Highway 77 so that Highway 77 will not become another University Drive with too many traffic lights. On question, he said developer has indicated he would dedicate the 0.333 acre parcel to the city for a cul-de-sac. On further question, he said the city will participate in anything over 17 feet on a collector street. He suggested clarifying condition 03. REBUTTAL: Mr. Edwards said that Ms. Pena will be dedi- cafing streets in memory of her father and her son. Ile said they will trade not requiring improvements on Riney Road if developer picks up cost for oversizing on newly proposed Riney Road. Ana Rocca Pena, owner of property, said that development will be named Northridge Heights. Public hearing closed. DECISION: Mr. Juren moved to recommend approval of Z 777 subject to the following conditions: I, the overall density level of the entire tract shall not exceed 7.9 units per acre. 2. The retirement/recovery center shall be limited to 80 units. 3. The developer shall dedicate appropriate right- of-way and provide necessary off-site street and drainage improvements in accordance with City of Denton requirements along half of Riney Road from the southern terminus of the road to the beginning of the proposed new alignment of Riney Road. The P 6 Z Minutes April 10, 1985 Page 3 developer will be required to pay total cost for that section of Riney Road within development (no city participation in oversizing). 4. All single family detached lots shall be a minimum of 8,000 square feet in size. 5. A six foot solid wood fence shall be erected along the southern boundary of the retirement/recovery center tract. 6. Care of alcoholic or narcotic patients is pro- hibited. 7. The use of the building designated as "retirement/ recovery center" on the concept plan will be limited to providing lodging, meals, and nursing care for ill or elderly persons only. 8. If the single family dwellings are two-story, no windows on the second floor will face existing developed property. 9. The single family dwellings and retirement center shall be of masonry construction. 10. When the property is subdivided and developed, drainage will not be allowed to flow across the north line of the Dane property. 11. All dwellings shall be a minimum of 1,600 squate feet in size. 12. Existing Riney Road shall become a cul-de-sac at its northern terminus to prevent direct access onto I Highway 77. Plans for installation of cul-de-sac are required at time of platting. Actual cul-de-sac must be installed when initial development occurs. Seconded by Mr. LaPorte and unanimously carried (7-0). If B. V-13. Petition of Charles Watkins requesting a variance f oT Articles 4.03 and 4.07 of the City of Denton Sub- division and Land Development Regulations requiring r perimeter street paving and upgrading the existing waterline across the frontage of the Hickman Addition. This tract is 0.434 acres located south of May Street and east of Ruddell Street. The tract is described as Block A, Lot 1, of the Hickman Addition and shown in the J. Brock Survey, Abstract SS. A single family building is proposed. PETITIONER: Charles Watkins, representing petitioner, s a e owner is planning to move a single family dwelling onto property, that May Street is a seal coat street and has no curb and gutter, that street deadends at a Reme and there is not much traffic on the street at the present time. There is an existing 2 inch waterline. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Carson stated that five notices were mailed to adjacent property owners, no reply forms were received in favor, one reply form was received in opposi- tion. She continued that the Legal D partment has issued an opinion stating that in no case shall a variance be granted unless all of the following eight conditions, as specified in Article 1, Chapter III of Appendix A of the Code of Ordinances of the City of Denton, are met: 1. The modified proposal would conform to the city master plans. 2. Literal enforcement of a provision would result in an extreme hardship for the development of the subdivision. r DATE: May 14, 1985 CrTY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: C;iris Hartung, City Manager SU BJt-CT: V-14 This is the petition of Ali Al-Khafaji requesting a variance of Article 4.15 of the City of Denton Subdivision and Land Development Regulations. The article details RECOAM ENDATION drainage improvements. The Planning and Zoning Commission recommended that the variance be denied at their April 10, 1985 meeting by a vote of 6 to 1. St iARY: Mr. A1-Khafaji has requested a variance of drainage improve- ments for the A1-Khafaji Addition on Duncan Street. BACKGROUND: A Final Plat for the Al-Khafaji Addition was approved on Nov. 14, 1984. Drainage improvements were discussed during the plat review process, and Mr. Ai-Khafaji agreed to make the improvements. The Bell Addition located east and adjacent to the Al-Khafaji Addition was granted a variance of drain- age improvements in March of 1985. PROGRA.dS, DEPAVIENIS OR GROUPS AFFECTED. If this variance is approved, the general public will be required to pay for the improvements. F iSCAL LIPA+.T: Respectfully subia' tted: ,n t u City '4anag~r Prepared by: Cecile Carson Urban Planner Ap ov, Jeff Me Director of Planning and Community Development III CITY COUNCIL. AGENDA BACK-UP SUt4tARY SHEET MEETING DATE! May 14, 1985 SUBJ UT: V-14. This is the petition of All A1-•knafaji requesting a variance of Article 4.15 of the City of Denton Subdivision and Land Development Regulations. The article detsils drainage improvements. SUMMARY. Variationa and modifications of the requirements of the Denton Subdivision and Land Development Regulations are discussed in Article it Chapter III and states in part that in no case shall the commission or council grant modifications unless it finds that all of the following conditions are satisfied: 1. The modified proposal would conform to the city master plans. 2. Literal enforcement of a provision would result in an extreme hardship for the development of the subdivision. 3. Granting of a modification will not have the effect of preventing the orderly subdivision of other land use in { the area. 4. The modification accomplishes the spirit and intent of the standard. S. The problem in question is not generally common to other properties in the city. If the problem standard in question is of general application to numerous properties throughout the city, then the Planning and Zoning Commission is prohibited from granting such variance, but sh%~uld instead recoauuend an ordinance change to the City Council. 6. The actual pecuniary cost of development of the property shall be considered for modification of standards. 7. The hardship must be a physical hardship relating to the property itself as distinguished from a hardship relating to convenience. 8. The hardship must not result from the applicant's or proposed property owner's own actions. If the City Council concludes that the eight conditions as specified in the subdivision regulations are met, a majority of affirmative votes is required to grant the variance. A memorandum from Jerry Clark, City Engineer describing the cost and effect of the improvements is attached. ACTION REQUIREDt Approve or deny the request for variance. 10 Cc Backup Summary V-14 Page 2 RECOKKbNDATION% The Planning and Zoning commission recommended that the variance be denied at their April 10, 1985 meeting by a vote of 6 to 1 and improvements be required. P ALTERNATIVES: Approve or deny the request for variance ATTACHMENT: Reduced plat f Cecile Carson Urban Planner I f 11128 r \ '1041 ~t~ rn. CAO► , Lopica [ N ll. a0 1 LOCATION C lr I I ~ x000' s Il Y g 1 ~ ~ 1. W .s pu MMi 7+Y'T ~ LOT I MOCK I sw.a. oAa! HDVS~..(a k ~ COU[0 L,ONT INDUST, A[AC UL LO+Y tONf I ~ I ti0W00MlOAY ~ ~ ~ ,;OMMf {C1AL 0 Q 00.. f~^ li SLWLS' IN LSMT !a0 /K! D[ i , Ik ~ a ys mst r wMrca-- LAS-" 8 a (OMML0.CIAL wNp, C,.A 4,L! L ~f l I 17, k ' h.NrLT !OW 79MT 41 0 OL Sj 1 f . i OWNM C V~14 ALI AL• KAAFA-11 l 10.[IIMINAtV its E UuIYtRSITY DR, paEAfTON, TX. 74?v1 AL.- KHAFAJI ADDITION i LOT I ICING 1.075 ACJtCy IN TNC S.C. NIRAMS SURVEY A• 616 I CITY t COUNTY OI oCNTOM M"s 1 1 I a ioe ~ n 4° w I I I r' P 6 2 Minutes April 10, 1985 ' Page S C.~V 14. Petition of Ali Al-Khafaji requesting a variance ' 6TArticle 4.15 of the City of Denton Subdivision and Land Development Regulations with respect to drainage - requirements. This tract is 1.075 acres located on the west side of Duncan Street between Smith Street and Dallas Drive. The tract is described as Lot 1, Block 1, of the A1-Khafaji Addition and shown in the S. C. Hirams ( Survey, Abstract 616. The property is toned commercial { (C). f PETITIONER: Greg Edwards, representing the petitioner, i state tat a plat has already been approved and they are asking for a variance to make development more I economically feasible. He said the property owner to the north was granted a variance of drainage improve- s ments. Mr. Edwards continued that the improvements would be temporary in nature because of the need to improve the drainsggke to the north of this property. On question he platted, and they aaretnow trying etotutilitei the aiand. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Carson stated that four notices were M&IR d to property owners, no reply forms were received in favor yr in opposition. She said that a plat was thatoindMarch981985, Mr. Bell drainage She condition, con- tinued that the Legal Department has issued an opinion stating that in no case shall a variance be granted unless all of the following eight conditions, as ► specified in Article 1, Chapter III o° Appendix A of the Code of Ordinances of the City of Denton, are met: M 1. The modified proposal would conform to the city master plans. hardship for the sdevelopmentresult the Z in tan aextreme enforcement subdivision. 3. Granting preventing the modification orderly suwill not bdivision a of other effect of land use in the area. r 4. The modification accomplishes the spirit and intent of the standard. S. The problem in question is not generally common to other properties in the city. If the problem standard in question is of general application to numerous properties throughout the city, then the Planning and Zoning Commission is prohibited from granting such variance, but should instead recommend an ordinance change to the City Council. 6. The actual pecuniary cost of development of the property shall be considered for modification of standards. 7. The hardship must be a physical hardship relating to the property itself as distinguished from a hardship relating to convenience. 8. The hardship must not result from the applicant's or proposed property owner's own actions. ` She said that seven of the eight conditions of variance approval have not been satisfied; therefore, Development Review Committee recommends denial. Mr. Clark stated that since a variance was granted on the Bell Addition, this developer felt he should not be required to build improvements either. He said Mr. Bell's property was different as it is a lot of record and a redevelopment or exi)ansion of an existing P 6 Z Minutes April 10, 1985 Page 6 use -.vs proposed. Subject property was subdivided out of a larger tract specifically for original development purposes. He said flooding could occur if variance is grantei. Mr. Clark further stated that this is an un- usual request in that plat and plans for improvements have already been approved and Mr. Khafaji decided that he could not do improvements from a cost standpoint after a drainage variance was granted for the Bell Addition. REBUTTAL: Ali A1-Khafaji stated he had owned the ` propertyp for about 10 years. He added that he would donate 45 eet of his property to Denton for an easement. Public hearing closed. DECISION: Mr. Juren moved to den V-14. Seconded by rFT ;'Pearson. Motion carried (6-1~. Mr. Claiborne voted 1 D. V-15. Petition of J. P. Haygood requesting a variance r off-Articles 4.03 and 4.15 of the City of Denton Subdi- vision and Land Development Regulations requiring per- imeter street and drainage improvements. This tract is 10.00 acres located at the northwest corner of Bonnie f Brae Street and Payne Drive. The tract is described as Block 1, Lot 1, of the Life Tabernacle Addition and shown in the Francis Batson Survey, Abstract 43. The ' property is zoned agricultural (A) and the development of a church is anticipated. PETITIONER: Paul Haygood, pastor of Life Tabernacle urLFi cF: an3 representing the church, stated that the city has said the church can have a curb cut on Bonnie Brae C but not on Payne so they won't be putting any cars on r Payne Drive. Bonnie Brae is covered under capital im- provement program, they would like a variance on Payne. They are requesting a varianca of drainage of floodway as it goes under Payne Drive. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Carson said that four notices were mailed to adjacent property owners, none were received in favor or in opposition. She continued that the Legal Department has issued an opinion stating that in no case shalt a variance be granted unless all of the following eight conditions, as specified in Article I, Chapter III of Appendix A of the Code of Ordinances of the City of Denton, are met: 1. The modified proposal would conform to the city master plans. 2. Literal enforcement of a provision would result in an extreme hardship for the development of the subdivision. 3. Granting of a modification will not have the effect of preventing the orderly subdivision of other land use in the area. 4. The modification accomplishes the spirit and intent of the standard. 5. The problem in question is not generally common to other properties in the city. If the problem standard in question is of general application to numerous properties throughout the city, then the Planning and Zoning Commission is prohibited froLa granting such variance, but ,.hould instead recommend an ordinance change to the City Council. DATE: May 14, 1985 CITY COUNCIL REPORT FORMAT 9 F r TO: Mayor and Members of this City Council FROM: G. Chris Hartung, City Manager SUBJECT: V-15. This is the petition of J. P. Haygood requesting a variance of Articles 4.03 and 4.15 of the City of Denton Subdivision and Land Development Regulations. The articles detail requirements for perimeter street paving and drainage improvements. i RECOMMENDATION: The Planning and Zoning Commission recommended that the 3riance be denied at their April 10, 1985 meeting by a vote of 4 SUMMARY- Mr. Haygood has requested a variance of drainage improvements and a variance of perimeter street paving on Payne Drive and Bonnie Brae Street. BACKGROUND: The Development Review Committee and the Engineering Department reviewed the variance request and concluded that the improvements should be made. j ,I i PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: if the variance improvements. ` the general public will be required to pay for f FISCAL IMPACT: Respectful y subm led', ~hr s artung C ' City Manager Prepared by: (AO* 4 Cecile Carebn Urban Planner APP ve~• e ey- Director of Planning and Community Development R I r CITY COUNCIL AGENDA BACK-UP SUMMARY SBERT MEETING DATE: Kay 140 1985 1 . SUBJECT: V-15. This is the petition of J. P. Baygood requesting a variance of Articles 4.03 and 4.15 of the City of Denton 1 Subdivision and Land Development Regulations. The articles detail requirements for perimeter street paving and drainage improvements. i SUMMARY: Vartationt and modifications of the requirements of the Denton Subdivision and Land Development Regulations are discussed in Article I, Chapter III and states in part that in no case shall the commission or council grant f modifications unless it finds that ate, of the following conditions are satisfied: 1. The modified proposal would conform to the city master plans. 2. Literal enforcement of a provision would result in an ' extreme hardship for the development of the subdivision. 3. Granting of a modification will not have the effect of preventing the orderly subdivision of other land use in the area. 4. The modification accomplishes the spirit and intent of the standard. 5. The problem in question is not generally common to other properties in the city. If the problem standard in question is of general application to numerous properties throughout the city, then the Planning and Zoning Commission is prohibited from granting such variance, but should instead recommend an ordinance change to the City Council. 6. The actual pecuniary cost of development of the property shall be considered for modification of standards. 7. The hardship must be a physical hardship relating to the property itself as distinguished from a hardship relating to convenience. 8. The hardship must not result from the applicant's or proposed property owner's own actions. I If the City Council concludes that the eight conditions as specified in the subdivision regulations are met, a majority of affirmative votes is required to grant the variance. 1 A memorandum from Jerry Clark, City Engineer describing the cost and effect of the improvements is attached. ACTION REQUIRED: Approve or deny the request for variance. RECOKKENDATION: The Planning and Zoning commission recommended that the variance be denied at their April 10, 1985 meeting by a vote of 4 to 3 and improvements be required. 10 CC eackup Summary V-15 Page 2 ALTERNATIVESs Approve or deny the request for variance ATTACHMENTS1 1. Reduced plat 2. Memorandum from Jerry Clark, City Engineer Cecile Carson f Urban Planner I f i f 11128 I a +ov >m- 1 44'V r s a] t 9A6' Wag "iw ...r f d ~73ii - mob E r ! ~ w r Lr NN:N~ Q{6 30 S~~"' ~ _ - J• ::J:: 1 :G~ '•'A Yid ~~~R~~pQ vA :.2 ale .t _ a~ 2i t; a SG ~ :a~ 3 y 1 ~I~. 1G ~2~ 03 ya:} :.,3i 2~ r~ C/TYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8, M E M O R A N D U M DATE: April 4, 1985 TO: Cecile Carson, Urban Planner FROM: Jerry Clark, City Engineer RE: V-15 i The variance request on the Life Tabernacle Addition violates most of the eight requirements for granting a variance. 1. City master plans call for Bonnie Brae and Payne to be improved to major arterial and collector size. Drainage improvements as shown by the Master Plan cross Payne. Therefore, the variance .for the lot which includes a floodway across its southwest corner is not advised. 2. For a ten acre tract in a choice location, the development costs do not seem to be excessive. Due to its critical location, releasing this tract from right-of-way, pavement, and drainage improvements could place undue monetary requirements on the City of Denton, basically allowing almost free development of this lot for the church. 3. Flooding that will occur on Payne Drive from the culverts not being properly sized will hinder development in the area. Due to the amount of frontage this ten acre tract has at a critical intersection, the pavement will also restrict development until the Bonnie Brae project is completed in the bond issue. 4. No alternatives are being suggested, the developer is flatly requesting complete waiver from all costs. 5. The problem is common to a large number of tracts in the city. If perimeter street paving is not going to be enforced, it should be removed from the ordinances for all developers. Ai& agE 2 pages 6. This is a judgement the developer should make. A 1.5 million dollar church shows that the development is not tiny in its stature. 7. The convience of the reduced development coats seems to be . the main purpose. 8. This is difficult to pinpoint so no judgement will be made. Jerrr~~rC r P.E. CitylTWj ry er #0285E i 3 E i I 1 I i i 1 w S P tr~inutes April 10. 1985 Page 6 use was proposed. Sub ect property was subdivided out of a larger tract specifically for original development • purposes. Fie said flooding could occur if variance is granted. Mr. Clark further stated that this is an un- usual request in that plat and plans for improvements have already been approved and Mr. lhafaji decided that a . edrcould not do ainage variance rwasmgranted ofor the t BellnAddition REBUTTAL: Ali A1-lchafaji stated he had owned the 45 property of o his about property to years Denton added for an that he easement. 'd . He Public hearing closed. DECISION: Mr. Juren moved to deny V-14. Seconded by Wr-. Peaarson. Motion carried (6-1), Mr. Claibotut vote no. D. V-15. Petition of J. P. Haygood requesting a variance of-Articles 4.03 and 4.15 of the City of Denton Subdi- vision and Land OevelopTent Regulations requiring per- imeter street and dra►s.dge improvements. This tract is 4 10.00 acres located at the northwest corner of Bonnie Broe Street and Payne Drive. The tract is described as Block 1, Lot 1, of the Life Tabernacle Addition and shown in the Francis Batson Survey, Abstract 43. The property is zoned agricultural (A) and the development of a church is anticipated. PETITIONER: Paul Haygood, pastor of Life Tabernacle urc an representing the church, stated that the city has said the church can have a curb cut on Bonnie Brae but not on Payne so they won't be putting any cars on Payne Drive. Bonnie Brae is covered under capital im- provement program, they would like a variance on Payne. They are requesting a variance of drainage of floodway as it goes under Payne Drive. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Carson said that nfour one notices veered m e o adjacent property owners, wexe receive in favor or in opposition. She continued that the Legal Department has issued an opinion stating that in no case shall a variance be granted unless all of thehoalCowi4Il , Q eight conditions, as specified In Article I C of Appendix A of the Code of ordinances of the City of Denton, are met: 1. The modified proposal would conform to the city master plans. vision would result 2. Literal enforcement of a pro in an extreme hardship for the development of the subdivision. 3. Granting of a modification will not have the effect of preventing the orderly subdivision of other land use in the area. 4. The modification accomplishes the spirit and intent of the standard, S. The problem in gtestion is not generally pcomooft roblem to other properties in the city. If standaii In question is of gendral 8Ppllcation to numerou5. properties throughout the city, then the Planning W Zoning Commission is prohibited from an a ordinance such change n to , the but City should Counciie8d 'eeommend P b' Ainutes April 10, 1985 Page 7 6. The actual pecuniarv cost of development of the property shall be considered for modification of standards. 7. The hardship must be a physical hardship relating to the property itself as distinguished from a hardship relating to convenience. 8. The hardship must not result from the applkcant's or proposed property owner's own actions She said the first seven or the eight requirements are not met, Development Review Committee feels that lmpreva- ments must be made and recommends denial. Mr. Clark stated that the master plan calls for Bonnie Brae and Payne to be improved to major arterial and collector size. He further stated that drainage im- provements as shown by the master plan cross Payne Drive; therefore, a variance for the lot which includes a fioodway across its southwest corner is not advisable. Mr. Ellison stated the subdivision regulations were adopted in 1985 and the regulations reau+re that a lot be platted before a building permit may be issued. REBUTTAL: None. Public hearing closed. DECISION: Mr. Sidor moved to deny V-1S. Seconded by meson and carried (4-3). Messrs. Escue, Juren and LaForte voted no. E. V-16. Petition of Charles Watkins requesting a variance UT-The City of Denton Subdivision and Land Development Regulations requiring an extension of a waterline to the Blackford Addition. The tract is 0.494 acres located west of Fort North Drive between 1-3SE and Acme Street and shown in the Alexander Hill Survey, Abstract 623. The property is zoned commercial (C) end a commercial development is anticipated. PETITIONER: Charles Watkins, representing petitioner, state that a single family house exists on each lot, theyy are planning a $30,000 renovation to build a barbeque restaurant. The .ost to extend a waterline north of I-35 south along fort Worth Drive would be approximately $89,000. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Carson stated that four notices were mailed to adjacent property owners, no reply forms were received in favor or in opposition. She continued that the Legal Department his issued an opinion stating that in no use shall a variance be granted unless all of the following eight conditions, as specified in Article 1, Chapter Iii of Appendix A of the Code of Ordinances of the City of Denton, are met: 1. The modified proposal would conform to the city master plans. 2. Literal enforcement of a provision would result in an extreme hardship for the development of the subdivision. 3. Granting of a modification will not have the effect of preventing the orderly subdivision of other land use in the area. DATE: 05/14/85 CITY COUNCIL RKPORT FORMAT q, D T0: Mayor and Members of the City Council FROM. C. Chtie Hartung, City Manager EUBJECT: HOLD A PUBLIC HEARING REGARDING THE PETITION OF HAMMETT & NAM INC. FOR ANNEXATION OF APPROXIMATELY 361.708 ACRES SITUATED IN 114 H. KAY SURVEY, ABSTRACT 807 AND THE V.E. GAILOR SURVEY, ABSTRACT A52 AND BEGINNING WEST OF FM ?164 (N. LOCUST) AP7EOXtKATELY 7,000 FEET NORTH OF HERCULES LANE (A-16). • RECOMMENDAYTON: The Planning and Zoning commission will melee its recommendation on may 8, 1985. SUMMARY' This is a voluntary annexation petition. BACKGROUND: Not applicable. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: There tee no existing structures or residences. FISCAL IMPACT: Undetermined 7pesubm t d: too G. Chris Hartung City Manager Pre ceded by- I David Ellison Senior Pla--rw Appro d: Jeff Meye Director of Planning and Community Development 11838 Er. r CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: May 14, 1985 SUBJECT: Hold a public hearing concerning the petition for annexation of HammQtt & Nash, Inc. for approximately 361.708 acres situated in the H. May Survey, Abstract 807 and the Z. E. Gailor Survey, Abstract 452 and beginning west of FM 2164 (North Locust) approximately 7,000 feet north of Hercules Lane (A-16). t ! SUMMARY: This is a voluntary annexation petition. A change in zoning request is anticipated. This site is located approximately 2,000 to 3,000 feet north and east of the Texas Instrument tract. Limitad public facilities are available in the area of utilities. North Locust or FM t 2164 is maintained by the State. A Pre-design Conference was held by the Development Review Committee on January 15, ` 1985, to consider possible light industrial (LI) zoning oa this parcel. This site is located in a low intensity area and comments of the Development Review Committee are attached fnr informatiin. 1 ACTION REQUIRED: Hold a public hearing, no action required to continue process. h PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: No existing structures or residents are ffected FISCAL IMPACT: If annexed prior to development, no City services will have to be provided. ATTACHMENTS: 1. Development Review Committee minutes of January 15, 1985 2. Map I1 3. Service plan I AATY~ 11658 (1) David Ellison, Senior Planner Minutes Development Review Committee January 15, 1985 DRC Memberr• Present: Harlan Jefferson, Don McLaughlin, Robert Hageman, David Ellison, Harry Persaud, David Salmon, Robbie Baughman and Ray Rumfield. Engineer, Planner, Architect, Surveyor, or other development I interests present: James Cozby, Bill Nash XIX. Review of Proposed Annexation and Light Industrial zoning 383.758 Acre Tract in the H. May Survey Abstract 807 and the V. E. Gailor Survey Abstract 452 r A. Engineering 1. Seems to have some small drainage channels running through tract including some ponds. 2. Since tract is proposed light industrial we strongly recommend that detention be used to handle the large amount of runoff. 3. This area beyond the boundaries of our thoroughfare plan. Since its proposed use is light industrial and near proposed Loop 288 some collector streets will be required if approved. Requirements for an arterial will be discussed when more information is provided. 4. No further comments due to lack of information. B. Transportation Engineering 1. Adequate right-of-way on Locust will be required at time of zoning and/or platting. 2. No comment. on annexation. C. Water and Sewer 1. Nearest water line is 4,500' south on Locust (F.M. 2164) at Hercules at well. May not be enough fire flow (3,000 g.p.m. required). 2. Nearest sanitary sewer is at Seline and Stuart Road. Approximately 3,000' south and 3,000' east of property. A 10" sewer at this point runs down to Cooper Creek outfall. Study is required to see if this 10" sewer system has capacity to accomodate proposed zoning and/or development. Minutes Development Review Committee V. E. Gailor Survey January 15, 1985 Page 2 C. Water and Sewer (Continued) 3. No pro rata charges required. 4. Pro rata agreement may be had. 5. Oversize agreement required. 6. Outside city limits approval not required if annexed. D. Electric Dual service area with Denton County Electric Cooperative electric service from the City of Denton could be arranged at customer request. Service would be per Commercial/ Industrial P.egulations. E. Fire 1. Fire hydrants required every 300 feet. 2. Mast provide an all weather driving surface on not less than 20 feet of unobstructed width, wif-h ade- quate roadway turning radius capableYefconatruting the imposed loads of fire apparatus begins. 30 Fire hydrants and water system must be operational before construction begins. 4. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 5. Uniform Fire Code, 1982, is applicable. 6. All the above comments are to be effective if proposed zoning and annexation are passe4 (app F. Building Inspection No comments at this time. G. Lone Star Gas No comments at this tire. H. G.T.E. No representative was present. Minutes Dsvelopment Review Committee V. E. Gailor Survey January 15, 1985 Page 3 I. Cox Cable J. Solid Waste Service not available, because the development is outside of the city limits. Service will be provided if annexed. K. Parks and Recreation No representaEive was present. L. Planning and Community Development 1. This site is located in a low intensity area and staff would strongly oppose light industrial zoning. The current Development Guide policies on which staff k bases its recommendations call for predominantly low r density residential land use emphasis. Limited high I intensity uses such as commercial/retail/neighborhood service to office may be permitted up to 6 atces total within 1/2 mile distance or half the length of intensity area study boundaries. ` 2. If there is an active interest in high intensity f development and zoning in this area, staff r=commends that the owners or development interest formally r request that the Development Guide policies and low intensity designation for this area be changed to a high intensity area. Staff will not support such a proposal from a recommendation standpoint, but will assist in processing request so the Planning and Zoning Commission and City Council can make a decision. 3. The Development Review planning section is also available for consultation if a formal change in zoning petition is submitted regardless of the nature of the request. Staff is also available for more detailed discussion of Development Guide policies and the implementation process. .r w +r' - ~i4TZ I~` !L r Ir ~ j~l~ : 11 ~ i•lyS 3f ~ .N } 1 ' ! ~ Jw•' r I 1 _ f T - 1 I/ PLAIT OF SERVICE FOR ANNEXED AREA, CITY OF DENTON,_ TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTOW, TEXAS: ~P 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 R 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. r B. Fire f (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer ' (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the cod; of the City of Denton, 'texas. t 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 E date of annexation. r Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning t (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 substao- 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- tiie date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power, Service Plan Annexed Areas Page three L. Miscellaneous {1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) • The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas k based partly on density of population, magnitude I of problems compared to other areas, established technical standards and professional studies, and f natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. f f ' k r I f r 11` I `7 1 DATE: 05/14/85 CITY COUNCIL REPORT FORMAT t r 91~78 TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: HOLD A PUBLIC HEARING REGARDING THE PETITION OF HAMMETT rX NASH, INC. FOR A TRACT APPROXIMATELY 180.9855 ACRES IN SIZE SITUATED IN THE r JOHN A. BURNS SURVEY, ABSTRACT 130 AND THE THOMAS POLK SURVEY, I[ ABSTRACT 999 AND BEGINNING WEST OF FM 2164 (N. LOCUST) APPROXIMATELY 9,000 FEET NORTH OF HERCULES LANE (:.-19). I RECOMMENDATION: The Planning and Zoning Commission will make its recommendation on may 8, 1985. ' SUMMARY: { This is a voluntary annexation petition. BACKGROUND: I ; Not applicable. PROGRAMS. DEPARTMENTS OR GROUPS AFFWTED: One residence with an undetermined number of occupants is within the affected area. r FISCAL IMPACT: I Undetermined i Respect] Dmi G. Chris Hartung City Manager Pre aced by: l _ David Ellison _ Senior Planner Appro ed: Jeff Meyer, Director of Planning and Community Development 1184& I I I i CITY COUNCIL AGENDA BACK-UP SUMMARY SHFET MEETING DATE: May 14, 1985 SUBJECT: Hold a public hearing regarding the annexation petition of Hammett 6 Nash, Inc. for a tract approximately 180.9855 acres in size situated in the John A. Burns Survey, Abstract 130 and the Thomas Polk survey, Abstract 999 and beginning west of FM 2164 (North Locust) approximately 9,000 feet north of H,,rcules Lane (A-19). SUMMARY: This petition is similar to A-16 in that no immediate development is anticipated. A change in zoning request has been filed and will be considered by the Planning and Zoning Commission at a future date. One residence with an undetermined number of occupants is within the area proposed for annexation. The owners have indicated that the residence will be vacated by the time of final annexation action, however, if occupied after-annexation, basic City services must be provided (fire protection, police protection, sanitation service, etc.) if the tract is annexed. ACTION REQUIRED: Hold i public hearing, no action required to continue process. FISCAL IMPACT: Undetermined ATTACHMENTS: 1. Map i 'L. Service Plan JCM/0 XY~ ~ David Ellison Senior Planner 11658 (2) ow + W.A. VI` 1 S r J .r: J • 3 - ' . .rte--~--.:• - ~ _ r.:y::'r:•.{;?.};ti '{'~Cti:.. •iJ ~'r,:;:jiS:{.1~C••;}::' 1 i'~w. ?:.•7)I `:.v.': .:err::;[::~::. ~ , 1: }iii i}11~$w\•~ ' ~V I 1 t• tw.ro PLAN 01' SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amend.?d 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 i area which is bounded as shown on a map oi' 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 I (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective i date of annexation; (2) Traffic signe.ls, 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 merit of the fire fighting force, will be and equip- meat on the effective date of annexation. C. Water (1) Water for domestte, 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. r k Service Plan Annexed Areas Page two r. F, Streets (1) Emergency maintenance of streets (repair of hazardous ( chuckholes, measures necessary for traffic flow, etc.) will begin on the effective data of annexation. (2) Routine maintenance on the same basis as in the ( present city, will begin in the annexed area on M 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 or, the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will ba installed in the substan- tially developed areas in accord&nce with the established policies of the city. J. Recreation (1) rResidents of the ecreational facilities,4 parea may arks, etc., on all the existing dale of annexation. The same standards and policies now usea 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' Service Plan R Annexed Areas Page three i r L. Miscellaneous (1) Street name signs where needed will be installed within approximately G months after the effective ` date of annexation. ( II. Capital Improvement Program (CIP) I 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. I (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from L the date of annexation. In this new CIP planning year the r annexation area will be judged accordingly to tht, same established criteria as all other areas of the city. 1 0890L NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment supplies or services in accordance with the procedures of state {aw and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein descr.bed bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council 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 (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 City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON 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 9431A All Business Essentials $ 53,484.00 9441 1,3,4,14, Poleline Electric $ 68,581.00 a1~" nTTF 9441 2 8 6 G.E. Supply $ 30,343.00 4441 _ 5.7.8.9 Cummins Supply $ 108,698.0L and 13 3$ 31.9 5.00 444,1., ___K b Alamo Transformer 9441 11 Ousenbarre $ 15.9l0,no 9442 1 Aardvark Trailers $ 7.380.00 x9442 2witch Eouipment $ 10.025.00 9442 _3 Witch Equipment $ 7.075.00 9443 1 Lone Star Paterbilt $ 62.663.00 _ 9443 2 DAvis Truck & Equipment 30,200.00 PAGE 1 II r' CONTINUATION SECTION I. DID NUMBER ITEM NO. VENDOR AMOUNT ` _99.44___ _ -ALL- moors. l _ _ $32,290.00 - 9466 - All .-consolidated Traffic _ _$16,284.00 944$_ _ __A1l We_ staate Heights-Part. $ 5,931.80 9449 214 & 5 Wesco $41,152.00 I' 9449 1,3 & 6 Poleline $21,193.00 9449 7 Cummins $ 5,590.00 9449 8 Temple $ 69845.00 9451 All Advance Control Systems $21,300.00 9452 A11 _ Temple $ 6.409.29 _ 9455 1,2,5,6,Atlas Utility Supply $18,160.00 9 & 10 9455 3- 4,11 & 12 Industrial International $149065.00 9455 13 & 14 - Trans Tex Supply $ 6,230.00 r 9455 8 Ferguson Universal $ 99900.00 9456 All T&T Body Shop 4.625.00 i` 9458 A]1 _ _Sherman & Reilly ~24.75B.D0 I I f I I SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such icams and agrees to purchase standards services quantities ac and d~ for with the mCe rms, specif suppiies or the the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111. I• That should the City and persons submitting approved and ` accepted items and of the submitted bids wish to enter into a if formal written agreeme:,t as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated ' representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract specified sums contained specifications, in the Bid is in quantities t and the standards, , q q 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 to to ewritten contract cmade apursuant the approved bids or therefor thereto as authorized herein. SECTION V. That this ordinance shall become effeltive immediately + its passage and approval. PASSED AND APPROVED this day of , 1985. RURM, CITY Of DENTON, TEXAS ATTEST: CHmOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DEN'ZON, TEXAS BY: PACE 2 DATE: 5-14-85 F CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 49431A MODULAR FURNITURE PANELS L RECOMMENDATION: he recommend this bid be awarded to the loweat evaluated bid received. The bid received from Business Essentials of Denton, bidding Aspects brand, for the low total of $53.484.00. This is some $1,500.00 lower than Goldsmith's bidding the Rosemont. SUMMARY: This bid was sent out before as presented by the consultant. As before, we received only one bid. The bid was rejected and rebid with specification revised. We received nine qualified bids, and generally all meeting the intent of the specifications. BACKGROUND: Tabulation Sheet PROGRAMS. DEPARTMENTS OR GROUPS AFFECTF..D: Remodelling Phase III Main Section of Municipal Building FISCAL IMPACT: There is no impact on the General Fund. Respectfully submitted, G. Chris Hartung City Manager Prepared by: Z" a ZOV Name: \ Marshall, C.P.M. Tvtle: urchasing Agent r Approved: n . Marshall, C.P.M. / tl;: Purchasing Agent ` Y fn1 M d 4 H C 2 ~ z E H fF 3 v PC C1 n o b H Z N e 1 N N ~kf1 m r A N V O V 70 S R1 W x K r ~ O 7 W A +~pC7 - fpm~p 7V ~1 N_ 70 2 q 0CA 7A d A /J N N e+ = V 0~ m A N l*1 pp CO c CP, Cf 0 N O • N 07 ON tA 0 vi p m a. r n c z w ~ m-+ d V W N N In rr W T 9 N $ Zr ma I - N V 0 -M rc b I" ~ G Z r~r Ff W A i {AJI SO rn :O A d N V on 0 s N ~ W = 'SA W z g -T--Tfli I DATE: 5-14-85 r r CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 09441 ELECTRIC DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the lowest evaluated bidders for each item: I, Item 1,3,4,14,15, & 16 Poleline Electric Total Award $ 68,581.00 i Item 2 and 6 G.E. Supply Total Award $ 30,343.00 Item 5,7,8,9, and 13 Cummins Supply Total Award $108,698.00 Item 10 and 12 Alamo Transformer Total Award $ 31,935.00 Item 11 Dusenberry Total Award $ 15,940.00 Total Bid $255,497.00 The evaluation of these transformers is based on total cost of operation over a life expectancy of the unit. It takes into consideration the cost of electricity to operate the unit as j well as the amount of watts required. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution Department, Maintenance and New Construction for the Electric Distribution System FISCAL IMPACT: 1984-85 Budget Account 16I1-00E-0252-9222 Capital Expenditure-Line Transformers Respectfully submitted: G. Chris Hartung City Manager Prepared by: Name: om 4aj Title: Assistant Purchasing Agent Approved: (A 501, Name o rs a , i. Ti : u ha sing Agent O~ A W N r O 1D O V O~ U+ A W N r n 0 HW H o z v v N N W Vi N tT O S N n.. N C yy N N V+ O W O O ~7 y a V « O S O O V O to O VNL O r O N O tr D p ~D 7[ 7C TC 7C 7C 7C 7C x 7i 7c lC 7c 7C 7C 7C 7C H w ~ A b ➢ D ➢ ➢ p D ➢ A ➢ ➢ b ➢ I+ b D M R ro ro ro ro ro ro ro ro 'a ro ~ n n n n n 3 s x s a x x x a a 3 H N N N o o _ ro ro ro ro 7 a O O O O O O O O M N n y O n O Z N r~v+ rry Nr N N N N N N r+ w N Nt O N O O ~ ~ O O ~ • p H A N N N r r`+ r r. \ \ co O O O N N N N co A A J* A A A N O co tD W O O O • O C O O O O O O r-j Z 3 x m a al to b N r LA rm -0 ~4 Cc -0 m A uai v - + pp P m N to ONt7 N O O V N try 1D W6 m O~ iJ~ O N ~O O Nn w 10 O. N. N r 8 8 8 8 S 8 8 8 8 8 8 8 F 8 g c4i ` gy m N r ~r r y y.. n+ b 0O W a N v co +vN O m A A 00 O~ V w O+ V O O~ ~D W S S S 8 8 S 8 S 8 8 8 8 8 a 7D Y Nt A N r r r u {rt~~1 {tf~ r V V 00 A N ~Op app {N.~~ ~p p~ V 1,n n N O O r+ crk O O N M Nt N (D ~D V r w W N V ~D O~ m 8 8 0 8 8 8 8 8 8 8 8 8 2 8 8 r r ~r r r N~ A r r C S A tpp O' V ppVpp A N O O N N %D P V m W V O W r C:1 V W 9 14 N to Ni v y p~ a 1. W yr~ pry Ar r 8 8 ttr O O S vii O $ Q O O O O O K GO V to A N pO N 60 pp~f tW7t v+ ►A+ pry rte. pp i W Np AO C1D 00 Vpt ~r+ ~Oj C. pA y S O C7 S O O O S $ ~~p tA~ t7t W N pry r r f. p.. r- rn tT O W N A' O V 0o co W tAL` INS'. V 'J' a m r pp N V O {N N ON V Y A Oi dV ~D m N b 2 O ul O tYi~ vii p tW Y vW a + vi cm O LA `t5 C A i O C'f r r r r C1 IA ro N A N V + tT N o m A + W 0 V Ni 0 7 A w V t0 ~C OD O N W OD 10 O 8 0 r N V W 7. pO~t pC pr tpC O pV Opp V tp7t O ~j #u" N A ON O K 0 r- 0 O O C O O O O S O S O S S O O '~O ~}~p'~' M- 17- lp- +p~ r N O r N + p + + O W D1 b 'AO N OD N VD G O NT V N WD O Z ro n VI A ~ P N W N A Y O O A V t9 01 W ~f, 0 8 8 8 S 8 S S S 8 8 3 8 o E" V V 404 W N N W r r r r r, m C + + to w O p V A O~ co z A M Y ~O AA W W r O O A NO A 0 V ro n O~ O~ tD W b Ni O~ W W CO tr O $ -I -i 8 8 8 8 8 8 8 g 8 8 8 8 8 8 S~ A a to W N r r r ~ O8 H n vl W i. N + M V a r V er O~ A y Cy + Y W A tj O 00 N b A m O W tF V Z 'O 3 A r•+ A W V r A . li, W tT W O O A. r 8 8$ 8 8 0 8 8 8 8 S 0 8 8 8 g `m A ~ g z s ' $ U g g FS wmmw~ DATE: 5-14-85 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID +9442 TRAILERS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification for each item: Item 1 to Aardvark Trailers in the amount of $7$80.00 including electric brakes Item 2 to Witch Equipment in the amount of $109025.00 including brakes L installation Item 3 to Witch Equipment in the amount of $7,075.00 including brkes & installation SUMMARY: This bid is for the purchase of equipment trailers for the Parks Department, Water and Sewer Department, and Electric Distribution Department. These trailers will be used to haul mowers, backhoes, and other equipment. P SACKGRDUND: Tabulation Sheet I` PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks Department, Water A Sewer Department, Electric Distribution and Motor Pool FISCAL IMPACT: Item 1 is a lease/purchase. Item 2 8 3 are purchases from 1984-85 budg:st funds. Respectfully submitted: G. Chris Hartung City Manager Prepared by: z~• . , Name: Tom D. Shaw, C.P.M. Title: Assistant Purchasing AGent Approved: r. 6 *A~ 1 Na Jo arshall, C.P.M. T e: rchasing Agent A W N ~ n b H H n M d G M r+ r+ f f 1 C+ r+ N fD fp 0~i d ~ A ~D S S 1 n C Q0 A < N W N C7 00 Vi ro h ♦1 W VI M 0 0 n N r+ ° O CD n J J H r+ 3c S m Z ~ rt N r-F C ~ J J. J. n f ►r n N N p N N L< f _n O V1 O Vl co p r~ N O O O O LA pr, O IY N v r+ co 'rl vN Z 4Z O w a-+ rn d r') A Z V. W 0-4 w o x o ~ co m . (.n C> io 0 0 ►~m CD "a ;o ran (A I o ~b qm ! rn m r- ' 14 wo C v v CD 0 N 1+ h rm 3c 7, ►g. h_ S h1 M L x g DATE: 5-14-85 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 4q443 FRONT LOAD REFUSE TRUCK RECOMMENDATION: We recommend this bid ba awarded to the lowest bidder meeting specifications: Item 1 Lone Star Peterbilt ;62,663.00 Item 2 Davis Truck b Equipment $30,200.00 Total Bid 3929863.00 SUMMARY: This bid is for the purchase of a front loading refuse truck. We are recommending the purchase of a Peterbilt truck and a Pak-Mor body. Delivery will be in 40 days after receipt of order. The bid of Tarrant Systems is for a 1984 Demo truck and has a standard transmission. We bid a 1985 truck with automatic transmission. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Collection and Motor Pool FISCAL IMPACT: This unit will be funded thru a lease/purchase agreement between MBank Capital Fudning and City of Denton. The APR is 9.10% for a 36 month payout schedule. Respectfully submitted: G.Thrl s Hartung City Manager P ared by: llz~ 2 0 A--Q Name: Tom Shaw, Title: Assistant Purchasing Agent Approved: '9 Na, AiingrA s a T e:gent w v n b H ~ r, a ~ 0 0 L a • 2 ~ •y A 7~~1 b 4 < $ ~ o I z a f ~ c ~k I' Y a ~ a a ~ W ro C a ° Or pA sp+ ppw V1 N O O O ~ ~n-- 1 N N f I O W N V p ~ { O N 1 d V [~1 ~ u ~ 8 ~ 8 y8~ r Coo p ' ' v„ N O tN71 mf1 O A+ ~ N ~Vp yVy ~y. N ~ ~ A O A S ~ 1'f ~ 8 8 S ~ y N OO D Cg 6 ~ ~ QQ~ X70 R1 N ~ W V bD r ~L7 r ^ 8 ~ G rb V 10 r DATE: 5-14-85 CITY COUNCIL REPORT i pr F TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID #9444 FLAIL MOWER AND TRACTOR COMBINATION RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting ` specification of Tractors, Incorporated, of Ardmore in the amount of $32,290.001 Fob Denton, with delivery in 14-21 days. The lower prices offered by H.L. Peterson and Alamo Group fail to meet specification. t I SU194ARY: This bid is for the lease/purchase of a flail mower mounted on a tractor for use by the Parks epartment in the maintenance of parks and other city owned facilities. M BACKGROUND: TAbulation Sheet I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks Department, Park Maintenance, and Motor Pool FISCAL IMPACT: This equipment will be funded thru an existing lease/ purchase agreement based on a 36 month payout at 8.81 APR. Respectfully submitted: ' II Chris Hartung City Manager I Prepared by, it Izz ame: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: N : Jo J. rshall► C.P.M. le: rchasing Agent F n b H H o ~ d d ~ a M r r, a ~o N x N ~e I A 67 a O j o 00 a ~ v g i Q1 A ~ O O $ po o to a 0% o w °az p v C7m v o ~ se a o as 0 p w C N N ~ O A N ~ n N N h rm "M o ~ N NOyr~rZ O O 0 g z oo W N I 1M I f DATE: 5-14-85 CITY COUNCIL REPORT Er. F TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 69446 TRAFFIC CONTROLLER CABINETS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, ` Consolidated Traffic Control, in the total amount of $16,284.00, Fob Denton. SUMMARY:, This bid is for the purchase of traffic control cabinets for installation in the traffic control system. They will replace some old obsolete units and also house new units l at new installations. BACKGROUND: TAbulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Traffic Control FISCAL IMPACT: Account 6100-002-0012-8336 Maintenance of Traffic Control Lights Respectfully submitted: G. Chris Hartung City Manager Pre ared by: 1 Name: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: WaoNFoV'5_-_0'Aarshall, C.P.M. N n ~ 00 ~ n to N W ' as ~ M f~D O~, y y cr •J < r y M rt T, t to r in ` W 1 Z~ O -1 x N 00 70 r N m m a A • t0 ►r Z o ?d e ! O N ^-If A A C"? O V z 7 1 Oi Q~ Z r ~ O O 70 -i O w y cz~s-nEA "n0 A f t ~ I x ► I x 10 DATE: 5-14-85 1 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager Y" SUBJECT: BID #9448 WESTGATE HEIGHTS - WATER PARTICIPATION I RECOMMENDATION: We recomnand this participation project be approved to pay Denton - fEDI, Inc. the total sum of the low bidder to install 12" water main in place of the required 8" main. The low difference from the attached tabulation is that bid by D/FW Utility in the amount of $5,931.80. SU14 MRY: This bid is for the City of Denton to establish the low difference of 12" water line over the required 8" water line for the Utility Department. BACKGROUND: Tabulation Sheet PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Utility Department - Water b Sewer FISCAL IMPACT: There is no impact on the General Fund. kespectfully submitted: f G. CF s artung t City Manager Prepared by: : : J.r Marshall, C.P. ' ► cidle: urchasing Agent Approved: k n J. Marshall, C.P.M. tle: -purchasing Agent 10 p N I~ n o N H o v N ~ a x s z s 00 \ \ rd a co Oi r z I ~ z w co s+ m -4 w co ;K ~ ~ O to z N V N ` ~ O th ¢7 Iff ~ ~i f r I AC1 \ Ot 00 rr ~y S a Q1 o a co w 1 0 PC i O 1VG z m o °o ~ h d ~ • 70C h O O ~ f O ~ Z r I w DATE: 5-14-85 C CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: 810 #9449 WIRE, CUTOUTS AND PEDISTALS r RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications for each item: Item 2,4, and 5 Wesco $419152.00 Item 1,3, and 6 Poleline $21,193.00 ` Item 7 Cummins $ 5,590.00 i Item 0 Temple $ j L845.00 Total Bid Award $74,780.00 The lower bid offered by Poleline on item 7 does not have an interchangeable fuse board. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: This material is replacement for warehouse stock. FISCAL IMPACT: Funds for this purchase are from Working Capital Account 0710-004-0598-8708 Inventory Electric. Respectfully submitted: G. T r s Hartung City Manager Pre ared by: M: iame: Tom D. ShaM ul_z w, C.P.M. Title: Assistant Purchasing Agent Approved: Marshall, C.P.M. ieftl. ohm J. Purchasing Agent 00 V A N A W Pj g O O p 10v r, rc r G N 7 Q Q 17 L 6A g N A tv r+ r+ to ~ w a m 71 'v g r P,°~ • A 7 A CD n Q ` No z I I ~Ny NN r~ O I 1 W W A ~O Z 0 r ~D 1 O ~Vp1 AV t+ 1!1 ' , Go G ' 10 OD ~ co cn 8 8 o w N V p 1 1 1 CD {{~~11 V ~ 1 d t/1 V V r v N A uVi ° G r~ I I pNf Lbn O N O r V = n ~ N V L 1 N I I C x H M I I 61 I~ DATE: 5-14-85 CITY COUNCIL REPORT TO: Mayor and hembers of the City Council FHJM: G. Chris Hartung, City Manager SUBJECT: BID 19451 REMOTE TERMINAL UNIT/ALARM EVENTS PRINTER RECOMMENDATION: We recommend this bid be awarded to Advance Control r• Systems, Inc. in the amount of $21,300,00, Fob Denton. I SUMMARY: This unit will be utilized by the Water Production Plant for control of pumping facilities for finished water. BACKGROUND: Advance Control Systems is the only bidder currently able to produce a remote terminal unit compatible with our main system (SCADA). PROGRAMSy DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACT: Funds for this unit will come from Water Utility Bonds Account #'623-008-0450-9101-7938 Respectfully submitted: .Chris artvng City Manager Pe by: Name: Tom D. Shaw, C,P.M, Title: Assistant Purchasing Agent Approved: Nam ohn -sha 4. Tit . P easing Agent . v DATE: 5-14-85 CITY COUNCIL REPORT TO: Mayor and Members of the City Council r FROM: G. Chris Hartung, City Manager SUBJECT: BID 49452 ELECTRICAL TERMINATORS RECOMMENDATION: We recommend this bid be awarded to the lowest bid meeting specification of Temple, Inc. in the amount of $6,409.29. The lower price offered by Poleline is for a different manufacture brand than specified and fails to meet specifications. SUMMARY: This bid is for the purchase of high voltage electrical terminators for use in the underground electric distribution system. ,I ' BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution FISCAL IMPACT: 1984-85 Budget Account 1610-008-0252-8333 C Maintenance of Underground Electric System Respectfully submitted: G. Chris Hartung City Manager ! Prepared by: ► ame: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: f Na Jo 'J "'Marshall, C.P.M. F T e: rchaiing Agent n C7 M ty d G d a M C. r 74 F r H C 'O e+ 1 Q M ~ H 30 ro ~Jn H H 2 ` J I o J a+ on r J • o l . III - . ~ w r Ln ro ' -r A O tO r 0 r a co M C7 N o m ' m 3 y o r t+ N to 7 -R+ O w l,T ..r a n w rn z ~ a v r r t~ p r Vf ~ c a ~ ~ z c a z ~ 0 0 0 7~0 t9 00 A O.-A 1.4 O lr+ N W W O OU" J a t7 co W N 7 01 M w ~ M 1w o ' N I v DATE: 5-14-85 CITY COUNCIL. REPORT TO: Mayor and Members of the City Council r FROM: G. Chris Hartung, City Manager SUBJECT: BID #9455 WATER b SEWER SUPPLIES RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification for each item: Item 1,2,5,6,7,9 and 10 Atlas Utility Supply $18,160.00 Item 3,4,11 and 12 Industrial International 14,065.00 Item 13 and 14 Trans Tex Supply 6,230.00 Item 8 Fergu:.n Universal 99900.00 SU1941RY: Total $48,355.00 This bid is for replacement of warehouse stock and is estimated to be a 90 day supply. i , ` BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Warehouse/Water A Sewer Department FISCAL IMPACT: 1984-85 Working Capital Account #710-004-0598-8709 Inventory Purchase Water 3 Sewer Department Respectfully submitted: Chris Hartung City Waager Prepared by: Name: Tom D. Shaw, C.P.M. Title:. Assistant Purchasing Agent Approved: D le: hn J. Marshall, C.P.11. Purchasing Agent 1r f ~o co ` n b M H A d co D Ln r%) .n 1 - 0 C tj H ~a Ci CSC C --I ID x < f ii x A M s ~Hy m 0 ID =r %0 :1 tA co c C+ al a n CA ' 4 r%j I I, I E j m _ zm i T N '00 '4 1 :0 ~j N3 r ~ma 1440 A A 14 N Z;F to 9 ~o 00 -j A^d A A A 'Pb N) -4 C5 a i s r T zm < al co A . n Z I c r 00 \3 00 V N N V o °o x I v o I o y a r Ln Ln DO LM LA -pb 00 A V Sd m • ~ I DATE: 5-14-85 CITY COUNCIL REPORT I TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID #9456 PAINTING OF TRUCK AND TRAILERS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder of T & T Body Shop in the amount of $4,625.00. SUNKARY: This bid is for the painting of two 3/4 ton pickups and 14 equipment trailers for the Utility Department. This is a portion of the continuing effort to upgrade the appearance of our motor pool fleet. i BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Utility Department and Motor Pool Vehicle Maintenance FISCAL IMPACT: 1984-85 Budget Funds for Vehicle Maintenance #710-004-0598-5710 Sublet Repairs f Respectfully submitted: G. hr s Hartung City Manager I Pr ared by: Name: om .-Shaw' C.P.M. Title: Assistant Purchasing Agent Approved: n Marshall, C.P.M. le: Purchasing Agent ` ►to n ^Otl M H 10 0 0 d t2l O ~ co > F O H 10 (D r t*7 40 00 W ro 1 H A ~ O I~ c=1 Q1 W = om rn w w u+ N m Ch a c00 , 6 CA vii 2 r o 00 ° D m o m 0 • O °o o ~y m y N A W I co m 4th N O G O 9e LA O O O 7d 03 (n y y J d t.0 O ~ S N O O p r 0 0 ~ r- i i F DATE: 5-14-85 CITY COUNCIL REPORT i r_ TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 69458 LINE PULLER/TENSIONER RECOMMENDATION: we recommend this bid be awarded to the lowest bidder meeting specification of Sherman/Reilly, Inc. n the amount of $24,758.00 FOB Denton with delivery in 60 Days. 1, i SUIVARY: This bid is for the purchase of a line puller/ten,ioner gasoline powered, fully self-contained, with 6000` of 5/8" rope. This equipment is used by the Electric Dist 1 ution ` Department in the maintenance and new construction if the f overhead electric distribution system. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution and Motor Pool FISCAL IMPACT: 1984-85 Budget Account 6610-008-025209232 Electric Utility Capital Equipment Respectfully submitted: G. Chris Hartung City Manager Pre ed by: a.S`f - Name' c Tom to C .P.M. Titl": Assistant Purchasing Agent ,Approved, JMars is P.M. jWt*Ie-Piurchaisi4nnSg Agent i 10 t ro " n ro to co F - o tin d d O Qryr~ A H ea 1 O R7 A C r o M MH or ~ ID 3 Al N c J A LTJ y 'a (D 7A0 H rla 1 z m -s k c S F ~ M < ;a m toil W P7 m $ 00 00 r 2 O A O r V t<+f .Ai 00 m o c~ x S z g 10 0923L NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCOR- DANCE WITH THE PROVI$iONS OF STATE LAW EXEMPTING SUCH PIRCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law requires that certain contracts requiring an expenditure or payment by the City ir, en amount exceeding $5,000 be by competitive bids, excapt in the case of public calamity where it becomes necessary to act at ante to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health of the citir4ns of the city, or in rnre of unfore- seen damage to public property, machinery or equipment; 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 City Charter requires that every act of the council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once co appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason tha,:eof, the following emergency purchases of materials, equi~ment, supplies or services, as described in the "Purchase Orders' attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 66974 Borg-Warner A/Coed 8,791.88 67778 Bittercreek Const. 6,500.00 67923 Trans-Tex Supply 7,251.00 67979 Watson Distributing 146235-59 SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the msterials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the require- ments of competitive bide. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PAGE ONE 10 r r SECTION It. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders ` and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the require- ments of competitive bide. SECTION III. a That this ordinance shall become effective immediately upon its passage and a;provsl. PASSED AND APPROVED this the i4_ day of May , 1985. e CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN9 CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS t f BY: i i ' I 1 R PAGE 2 DATE: 5-14-85 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: PURCHASE ORDER #66974 BORG-WARNER AIR CONDITIONING RECOMMENDATION: We recommend this Purchase Order Number 66974 to Borg- Warner be approved for payment in the amount of $8,791.88. SUMMARY: This purchase order is for the emergency repairs to the air conditioning systems at the Police Department. Repairs included a new compressor, motor protectors, condenser for motors, relays, solenoid valves and filer dryers. The original estimate was for $9,600.00 plus. The actual amount is $8,791.88. BACKGROUND: Purchase Order #66974 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Police Department/Building Maintenance FISCAL IMPACT: 1984-85 Budget Account #100-003-0002-8301 Building Maintenance Respectfully submitted: G. Chris Hartung City Manager i Prepared by: ICZ 44azL~t~~7 Name: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: a J n 'J. Marshall, C.P.M. T e: urchasing Agent CITY OF DENTON, TEXAS 215 McKINNEY ST. PURCHASE ORDER DENTON, TX 76201 L P. 0. NUMBER DATE/VENDOR NO, DOCUMENT TYP 66e)74 03/25/85 CIO S BOR49001 VENDOR: SHIP TO: SORG-WARNER AIR CONDITIONING CONFIRMATION ONLY YORK SERVICE 01%'ISION DO NOT DUPLICATE 12901. NICHOLSON SUITE 260 DALLAS, TX 75234 I ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. UNE AMOUN 01 100 003 0002 8301 1 REPAIR AIR COND-POLICE ADM 109000.00 i 0191. 4 The City of Denton, Texas Is tax exempt • House Bill No. 20. TOTAL FOR P.O. 109000.00 1 Reference P.O. Number on all Bll., Shipments and Involces. Shipments are F.O.B. City of Denton, or as Indicated. S*nd Involves TO: DIno1 All InqulrNs TO: City of Denton, Accounts Payable John J. Marshall, C.P.M. Purchasing Agent 215 E. McKinney St., Denton, TX 76201 Tom D. Shaw, C.P.M. Asst. Purchasing Agent Phone 61715668223 61715688311 DIFW Metro 2674042 The City of Denton Is an equal opportunity employer DATE: 5-14-85 CITY COUNCIL REPQRT TO: Mayor and Members of the City Council G. Chris Hartung, City Manager . FROM: SUBJECT: PURCHASE ORDER #61778 BITTERCREEK CONSTRUCTION RECOI~N~O..N: We recommend this purchase order in the amount of $6,500.00 to Bittercreek Construction be approved for payment. This purchase order is for the clearing of the bird roosting area near Kerley Street and Willow Springs. The underbrush and some trees had to be pushed and rices cleaned up. Telephone bids were requested and p ranged from $8,000.00 to $6,510.00. BACK_ R_OUKD Purchase Order #61178 Invoice from Bittercreek Construction PROGRAMS DEPARIMENTS OR GROUPS AFFECTED: Bird Roos Control FISCAL IMPACT: 1984-85 Budget Funds Account #100-002-0030-8303 Maintenance of Streets Respectfully submitted: G. Cps Hartung City Manager Prepared by: Name: om D. haw, P.M. Title: Assistant Purchasing Agent Approved: Marshall, C.P.M. le: Purchasing Agent CITY OF DENTON, TEXAS 215 E. McKINNEY ST. PURCHASE ORDER DENTON, TX 76201 P. 0. NUMBER DATE/VENDOR NO. DOCUMENT TYP 67778 04/18/85 STREETS S DIT49001 ' VENDOR: SHIP TO: SITTERCREEK CONSTRUCTION 315 MOOONURST OR. COPPELLs-TX 75019 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. UNE AMOUN 01 100 002 0030 8303 (.BIRD ROOST ERADICATION 6~500.00 The City of Denton, Texas Is tax exempt - House 8111 No. 20. T OR P.O. 60600.00 Reference P.O. Number on all 194, Shipments and Invoices. Shipments are F.O.B. City of Denton, or as Indicated. Send Invoices TO: Direct All Inquiries TO, City of Denton, Accounts Payable John J. Marshall, C.P.M. Purchasing Agent 215 E. McKlnndy St., Denton, TX 76201 Tom D. Shaw, C.P.M. Asst. Purchasing Agent Phone 817466$223 81 ?/N&8311 D!F'W Metro 267-0042 The Cary of Denton Is an equal opportunity employer t BITTER CREEK CONSTRUCTION METRO 315 WOODHURST DR. MOBILE 471.1650 COPPELL, TEXAS 75019 384-0337 April 17, 1985 I' City of Denton PurchasLng Dept. INVOICE # 4175 i P.O. # 67778 RE: Clearing trees between Willow Springs and Kerley St. Contract $ 6,500.00 Hourly Equipment Rental Kamatsu 220 Excavator 1311rs 9 90.00 Per Hr. N/C Kamatsu Loader DS75 13Hrs @ 85.00 Per Er. N/C Total Due $ 6,500.00 Thank You. We appreciate your business. N DATE: May 7, 1985 1 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council r FROM: G, Clrris Hartung, City Manager SUBJECT: Emergency Purchase Order #67923 RECOMM ENDATION: We recommend that the Emergency Purchase Order #67923 1F to Trans-Tex for the amount of $7251.00, be approved for payment. SUMMARY: This purchase order is for the 24" tapping valve needed to complete I the new Loop 288 24" waterline. This cbn'strus'tion will begin in May and the tapping valve has an expected,delivery date of 10-12 weeks. BACKGROUND: P.O. # 67488 and per Bill Brown memo. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water b Sewer Field Service FISCAL _114PACT: This purchase will impact the 1984-85 account #623-008 0461-9138. Respectfully submitted: ~ City Manager Prepared by: tllnnAA.~ ame en se ann ng= Title Buyer Ap oved me ohn Marshall it1e Purchasing Agent CITY OF DENTON, TEXAS 215 1- McKINNEY ST. PURCHASE ORDER DENTON, TX 78201 ' P. 0. NUMBER DATE/VENDOR NO. DOCUMENT TYf 67923 04/t5/65 C17 S TRA52500 VENDOR: SHIP TO' TRANS-TEX SUPPLY CO WATER s SEVER FIELD SERVICE BOX 188 CONFIRMATION ONLY ARLINGTONs TEXAS 76010 DO NOT DUPLICATE 1 f 1 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUR 01 623 008 0461.9138 7915 1.24"TAPPING.VALVE IM667-07 79251.00 I( 1 CONFRATION The City of Denton, Texas Is tax exempt • House 8111 No. 20. TOTAL,FOR P.O. 71251.00; Reference P.O. Number on all 811, Shipments and Invoices. Shipments are F.O.B. City of Denton, or as Indicated. Send Invoices TO: Direst All Inquiries TO: City of Denton, Accounts Payable John J. Mar3hall, C.P.M. Purchasing Agent 215 F. McKinney St., Denton, TX 76201 Tom D. Shaw, C.P.M. Asel. Purchasing Agent Phone 81715884223 81715688311 D1FW Metro 2874)042 The CIty of Banton Is an equal opportunity employer q"► CITY OF DENTON U71~rit~ M E M 0 R A N D U M rrrrr rrorrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr.-rrr rrrr.rarrrrr+rrrrw t 10: John Marshall, Purchasing Agent • FROM: Bill Brown, Superintendent water and Sewer Field Services Division DATE: April 1, 1985 SUBJ: Delivery of 24" Tapping Valve for Loop 288 Project I have looked over the bids on the 24" tapping valve and have determined that the valve which we should recommend is the bid from Transtex for a vertical valve at $7,251 with a 10-12 week delivery. The time element is of significant importance in this case and we must have an early delivery as well as a good price. I therefore recommend that we purchase the Mueller valve from Transtex at $7,251 with a delivery of 10-12 weeks. c .P--- BB/ch cot file VIf~4 APR 1 5 JgBS C/ry u yA fi okk go J. Marshall/WTRWW DATE: 5-14-85 I CITY COUNCIL. REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager I SUBJECT: PURCHASE ORDER 067979 WATSON DISTRIBUTING RECOMMENDATION: We recommend Purchase Order 067979 to Watson Distributing in the amount of $4,235.59 be approved. SUMMARY: This purchase order is for the emergency repairs to a Howard mower. The hydraulic system had to be reconditioned as well as the transmission. ' BACKGROUND: Purchase Order 067979 Invoice 02858 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Park Departments and Vehicle Maintenance i FISCAL IMPACT: 1904-85 Budget Funds 710-004-0598-8710 [ Vehicle Maintenance Sublet Repairs Respectfully submitted: i G. CChr s lariung City Manager Pre aced by: f - S ame: om . awl C:P:ffi`- Title: Assistant Purchasing Agent Approved: ke I I 'Fiarsfiall urchasin9 AGent I WPM CITY OF DENTON, TEXAS ` 215 E. McKINNEY ST. PURCHASE ORDER DENTON, TX 78201 P. 0. NUMBER DATE/VENDOR NO. DOCUMENT TYP 67979 04/24/85 C14 5 WAT63000 VENDOR: SHIP TO: WATSON DISTRIBUTING VEHICLE MAINTENANCE 1351 S LOOP 12 WEST CONFIRMATION ONLY IRVING* TX 75060 00 NOT DUPLICATE I' II. ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN 01 710 004 0598 8710 1,03700 REPAIR TRANS HYD SYSTEM 4.235059 I~ The City of Denton, Texas la tax exempt • House Bill No. 20. TOTAL 'FOR P_O• 41P23S*59 Reference P.O. Number on all SIL, Shipments and Invoices. Shipments are I.O.B. City of Denton, or as Indicated. Send Invoices TO: Direct All Inquiries TO: City of Denton, Accounts Payable John J. Marshall, C.F.M. Purchasing Agent 215 E. McKinney St., Denton, TX 78201 Tom 0. Shaw, P . Asst. Purchasing Agent 817156SMil D/FW Metro 287-0042 Phone 8171MH223 The City of Denton Is an equal opportunity employer 10 f - D G a Los" i i I~ k I ~ I I. I I;~ I ~I,` I :~h`.I .k. I ~k~ I I• I I, r m f .yp : t' t f It. .7 its ' rN{ ti' c~ • r D 00, 1 O m 4 Y, 00 pi~ i a• 4 1/ l/. u l N ,rt r; W r DATE: J 8Jr CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager tjf 1=~`rJ~~`'~~ ;f 5UI?JfiCT: PARKING RF3TRICTION, HOLLYHILL AM 3 0 W t` RECOMMENDATION: 11 Prohibition of parking on both sides of Hollyhill between Londonderry and ` Woodbrook. SUMMARY: l~ j BACKGROUND: Area residents initiated tb: request and Citizen's Traffic Safety Support Commission recommends approval. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED; Transportation Engineering F USCAL IMPACT: Installation of No P.-x%ing signs will cost approximately Three Hundred Dollars ($300.00). Res pelf r a g City Manager Pre red by ame Koorosh 0 yaat Title Traffic Engineer C € Approved: Name Title 1072L F NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF M HOLLYHILL BETWEEN LONDONDERRY AND WOODBROOK; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO H1°VDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall f park a vehicle at any time upon the following street in the City of Denton to-wit: Berth sides of Hollyhill between Londonderry and Woodbrook. i SECTION II. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and part of Streets designated therein except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION III. Any person adjudged guilty of parking a vehicle In violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION IV. That if any section, subsection, parsgraph, sentence, clause, phrase or word in thief ordinance, or application thereof to any person or circumstance is held invalid by any court of competent 1 jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the i CLty of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION V. That this ordinance jtliall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby PAGE l directed to cause the captl.on of this ordinance to be publishf.d Y,. ` twice in the Denton Reccrd•Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of f.ts passage. PASSED AND APPROVED this the day of , 1985. RICRARD 0. STEWART$ MAYOR CITY OF DENTON, TEXAS i ATTEST: ALLEN, MARLOWE CITY M CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: iTz 4 f , PAGE 2 r i CITIZEN'S TRAFFIC SAFETY SUPPORT COMMISSION MEETING PRESENT Bruce Chamberlain, Vice Chairperson Vivian Edwards Wayne Autry Dan Martin Virginia Gallian Doris Chipman John Tompkins r ABSENT Gilbert Bernstein, Chairperson STAFF Koorosh Olyai, Traffic Engineer Virginia Bezy, Staff Secretary r The Citizen's Traffic Safety Support Connnission meeting was called to order by Vice Chairperson Bruce Chamberlain in regular session at 3s45 P.M., on Monday, April 8, 1985, in the Council Chambers of the Denton Municipal Building. Commissioner Martin made a motion to accept the minutes of the January 14, 1985, meeting. Commissioner Gallian I seconded the motion and it passed unanimously. ITEM 033 CONSIDERATI(,N OF PARKING RELATED PROBLEMS ON HOLLYHILL 'I BETWEEN LOR.jONDERRY AND WOODBROOK Mr. Olyai stated to the Commission that Mrs. Mary Ann 1 Keffer, residing at 1912 Hollyhill, was preaent to address the 1 Citizen'E Traffic Safety Support commission April 8, 1985 Page 2 Commission concerning parking related problems on Hollyhill between Londonderry and Woodbrook. Mrs. Keffer stated to the Commission that she had resided at r 1912 Hollyhill for ten (10) years. She further stated that at the time she moved to 1ollyhill it had "No Parking" signs posted and "No Parking" enforced at this location. Mrs. Keffer stated that approximately a year ago the "No Parking" signs had disappeared and that upon research by City staff, no City ordinance prohibiting parking could be located. Mrs. Keffer went on to state that the intersection in question was a "T" intersection and that cars parked on both sicleb of the street up to the intersection. Mrs. Keffer stated that automobiles at the intersection as well as pedestrians wishing to cross the inter- section had to go out into the line of traffic in order to see to cross the intersection. Mrs. Keffer also stated that past the intersection on the east side of Hollyhill is the Southridge Community Swimming Pool. Mrs. Keffer stated that because of the swimaing pool and with summer, a lot of children would be crossing this intersection. Mrs. Keffer further stated that she was petitioning the Commission to recommend an ordinance for "No Parking" on Hollyhill between Londonderry and Woodbrook. Commissioner Martii asked Mrs. Ycffer if there were any property fronting west on Hollyhill. Mrs. Keffer replied that there were none, other than apartments and one duplex. M Citizen's Traffic Safety Support Commission April 8, 1985 Page 3 At this time, Joan Polen, another resident of Hollyhill, reported that because of the design of the intersection and the angle, an automobile had to pull into the line of traffic in order to see if c the intersection was clear. Mrs. Polen further stated that this area was used a great deal by joggers and bicyclists and that it was a dangerous area. Commissioner Martin asked Mrs. Polen if anyone's front yard would be affected if rNo Parking" was reinstated. Mrs. Polen stated that it would not. Commissioner Tompkins asked if when the tenants of the area apartments parked on the street if the parking lots were full. Mrs. Polen stated that they were not. She further stated that street parking was closer to the entrance of some apart"ants and this is why they chose to park on the street other than the parking lot provided by the apartments. Vice Chairperson Chamberlain asked if the Commission had any more questions of Mrs. Keffer or Mrs. Polen and they did not. Vice Chairperson Chamberlain then asked Mr. 01yai to address the Commission. Mr. 01yai stated to the Commission that although Hollyhill was designed 45 feet wide and should be able to accommodate two (2) lanes of traffic and two (2) lanes of parking, because of the angle of the curve it could not safely do so. Mr. 01yai further stated that there was only one residential unit at the corner of Hollyhill and l Woodbrook and that this residence fronted Woodbrook. Mr. 01yai went on i FM I R C Citizen's Traffic Safety Support Commission April 8, 1985 Page 4 r to state that due to design, there was also a drainage problem which added to the traffic problem. Mr. Olyai stated that the "Yield Right of Way" sign had been replaced by a "Stop" sign for safety reasons. Mr. Olyai stated that he concurred with Mrs. Polen inasmuch h as the apartment tenant parking was primarily due to the location of the I ' apartment and tenant preference. s Mr. Olyai further stated that his recommendation is that parking be prohibited on the west side of Hollyhill from Londonderry to r Woodbrook. Mr. Olyai further stated that to eliminate parking on both sides of Hollyhill could encourage speeders, Commissioner Autry asked Mrs. Keffer if the original "No 1 Parking" signs had been on both sides of Hollyhill. Mrs. Keffer replied that it had. Mrs. Keffer further stated that "No Parking" was requested on both sides of Iollyhill. She stated that although "No Parking" on the west side would help the situation that the east side of Hollyhill is where the Southridge Community Swimming Pool is located and that children walk along the east side to go to the pool. Commissioner Autry asked how many parking spaces would be eliminated if parking was restricted on both sides of Hollyhill? Mrs. Polen replied that approximately seven (7) spaces on each side of the street would be eliminated. Vice Chairperson Chamberlain asked if there were any further questions. There were none and he asked if there was a motion from the Commission. r Citizen's Traffic Safety Support Commission E April 8, 1985 F Page 5 Commissioner Gallian made a motion, seconded by Commissioner Edwards, to eliminate parking on Hollyhill between Londonderry and Woodbrook. The motion carried four (4) to three (3) with Commissioners Martin, Autry, and Tompkins voting against the motion. ITEM 04: CONSIDERATION Of' PARKING RELATED PROBLEMS ON IANDONDERRY AND SAM B SS ROAD Ms. Debbie Cottle appeared before the ommission to request I "No Parking" on the west side of Sam Bass Road. Ms. Cottle stated that r ~ j Sam Bass Road is 32 feet wide and has apartments on each side. (tJ Ms. Cottle further stated that with cars parking on each side of the i road, it created a dangerous situation with children darting between parked cars. Vs. Cottle further stated that "No Parking" is already in effect for most of Sam Bass Road, Mr. Olyai stated to the Commission that Sam Bass Road is a residential street and by making it "No Parking" on the west side, it would open up another lane to traffic and, therefore, encourage speeders. For this reason, Staff recommends against "No Parking" on Sam Bass Road. i Ms. Cottle addressed the Commission and stated that at night, cars park on both sides of the street and inasmuch as it is at the top of a hill, it creates a dangerous situation, Commissioner Tompkins asked Ms. Cottle who primarily parks on the street. Ms. Cottle replied that it was tenants of the apartment v DATE: 5-~y_ 85 CITY COUNCIL REPORT FORMAT T0; F Mayor and Members of the City Council FROM; G, Chris Hartun p a, city manager SUBJECT: PARKING RESTRICTION, SAM BASS 1 f RECOMMENDATION.- Prohibition of parking on the west side of Sam Bass between I-35 Service I Road and Londonderry. Ilip SUMMARY: y: BACKGROUND: I Management of West Wind Apartments initiated the request and Citizen's Traffic Safety Support Commission recommends approval. PROGRAMS DEPARTMENTS OR GROUPS AFFECTE-------------- D' f Transportation Engineering FISCAL IMPACT: Installation of No Parking signs will cost approximately Three Hundred Dollars ($300.00). Respectfully submitted: r s ar ung City Manager Pre aredj'b~ ame Kooros olyai 7Title Traffic Engineer C Approved: Name _ :ttle 1073L I NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE WEST SIDE OF SAM BASS FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 35-E SERVICE ROAD TO ITS INTERSECTION WITH LONDONDERRY; PROVIDING A SEVEKABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. r When signs are erected giving notice thereof, no person shall park a vehicle at any time upon the following street in the City of Denton to-wit: I The west aide of Sam Bass from its intersection with Interstate Highway 35-E Service Road to its intersection i with Londonderry. SECTION II. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and part of { streets designated therein except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official tra:fle control device. SECTION III. j Any }person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars (;200.00). SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such i remaining portions despite any such invalidity. t PAGE 1 i r i C Er. r . SI.CTION V. TI at this ordinance shall become effective fourteen (14) days from tie date of its passage, and the City Secretary is hereby direct(.i to cause the caption of this ordinance to be published twice is the Denton Record•Chronicle$ the official newspaper of k the City of Denton, Texas, within ten (10) days of the date of its passage. PASSEI AND APPROVED this the day of 1985. RICKARD CITY OF DENTON, TEXAS i ATTEST: I' ClukLOTTE-KM N) C 1 T T-nTRETM CITY OF DENTOh TEXAS APPROVED AS TO EGAL FORK: DEBRA ADAMI DRA'OVITCH, CITY ATTORNEY CITY OF D,~E,NTOON~N,,~,,~TEXAS BY: AI ~lflr-fd[(e 1 , PAGE 2 1 Citizen's Traffic Safety Support Commission April 8, 1985 Page 5 r ~ ' Commissioner Gallian made a motion, seconded by Commissioner r Edwards, to eliminate parking on Hollyhill between Londonderry and Woodbrook. The motion carried four (4) to three (3) with Commissioners Martin, Autry, and Tompkins voting against the motion. ITEM 114: CONSIDERATION OF PARKING RELATED PROBLEMS ON j LONDONDERRY AND SAM BASS ROAD I i Ms. Debbie Cottle appeared before the Commission to request "No Parking" on the west side of Sam Bass Road. Ms. Cottle stated that Sam Bass Road is 32 feet wide and has apartments on each side. Ms. Cottle further stated that with cars parking on each side of the road, it created a dangerous situation with children darting between 1 parked cars. Ms. Cottle further stated that "No Parking" is already in effect for most of Sam Bass Road. I Mr. Ol.yai stated to the Commission that Sam Bass Road is a residential street and by making it "No Parking" on the west side, it would open up another lane to traffic and, therefore, encourage speeders. For this reason, Staff recommends against "No Parking" on Sam Bass Road. i Ms. Cottle addressed the Commission and stated that at i night, cars park on both sides of the street and inasmuch as it is at i the top of a hill, it creates a dangerous situation. I 1 Commissioner Tompkins asked Ms. Cottle who primarily parks t on the etreet. Ms. Cottle replied that it was tenants of the apartment I Citizen's Traffic Safety Support Commission April 8, 1985 Page 6 who park there because it is closer to their apartments. Commissioner Tompkins asked Ms. Cottle if there were adequate parking spaces for the apartment tenants. Ms. Cottle replied that there was. Commissioner Autry made a motion to restrict parking on the west side of Sam Bass Road from Londonderry to 1-35. Commissioner Gallian seconded the motion and it passed unanimously. The meeting adjourned at 5:05 P.M. i 3 t } Bruce Chamberlain Koorosh Olyai Vice Chairperson Traffic Engineer i I i t I 00 DATE: May fit/ 1955 I r. [ CITY COUNCIL REPORT FORMAT r TO: Mayor and Members of the City Council O 1 r FROM: G. Chris Hartung, City Manager SUBJECT: ORDINANCE PROHIBITING TWO-WAY TRAFFIC ON AIRPORT ROAD DURING THE 1985 AIRSHOW RECOMMENDATION: I~ The staff recommends adoption of the ordinance prohibiting two-way vehicular traffic on Ai port Road f,rom I-35W to the Denton Municipal Airport during the Confederate Air Force Airshow on June 8 and 9, 1985. SUMMARY: Y rn order to facilitate traffic flow on Airport Road during this year's airshow, it i will be necessary to prohibit two-way vehicular traffic on Airport Road during the peak traffic flow on the mornings of the show, vehicles will be allowed to use both lanes of Airport Road to enter the Airport. After the shows, vehicles will be allowed to use both lanes to exit. BACKGROUND: This same a ng the It allowed allotraffic toienter andtoxitrwithout creatingh nyamajorrbottl~ite well. the overpasses and ramps on I-35. enecks on i PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED; The primary effect of this ordinance will be on the spectators of the airshow and the Denton Police Department. FISCAL IMPACT: There will be no real fiscal impact resulting from the adoption of this ordinance. Respect 11 ubmi e . C. Chris Hartung City Manager Prepared by: ails Angelo Assistant Director of Public Works APProv,sd b , Bill Angelo Assistant Director of Public Works ai tUOJL f 1 NO. r r r AN ORDINANCE TEMPORARILY ?ROHIEITINO TWO-WAY VEHICULAR TRAFFIC ON AIRPORT ROAD FROM INTERSTATE HIGHWAY 35V TO THE DENTON MUNICIPAL AIRPORT AND AIRPORT ROAD FROM THE AIMRT TO INTERSTATE HIGHWAY SSW; PROVIDING A SEVERAEILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE [SATE. WHEREAS, the City Council of the City of Denton, Texas, after due investigation and consideration, has determined that the best interest and welfare of the public vill be served by prohibiting two-way vehicular traffic on Airport Road during the Confederate Airshov on June 9 and 9, 1985; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Airport Road from Interstate Highway 35W to the Denton Municipal Airport and Airport Road from the Airport to Interstate Highway 35W is hereby c,snged from two-way vehicular traffic to one-way vehicular traffic during the Confederate Airshov on June 8 and 9, 1995. SECTION 11. ' The provisions of Section I prohibiting two-vay vehicular traffic shall apply at all times to those portions of Airport Road II designated therein and shall revert to tvo-way traffic on June 10, 1985. SECTION 111. r Any person adjudged guilty of a violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). r SECTION IV. That if any section, subsection, paragraph, sentence, clause, r phrase or word in :his ordinance, or application thereof to any person or circumstance is held invalid by any court of competent r jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the r Y r F i City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION V. ' j. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published trice in the Denton Record-Chronic Is, the official newspaper of the City of Denton, Texas, within ten (10) days of tht data of its passage. PASSED AND APPROVED this the day of 1985. RICHAR.D 1 i . j CITY OF DENTON$ TEXAS i I 4 ATTEST: i ALLEN, CHARLOTTE CITY SEMMTM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: y f nt { i i i Page 2 Minutes Airport Advisory Board 4. The Board considered recommending to the City Council the approval E of a resolution accepting the Airport Use Agreement with the ` Confederate Air ?orce for the purpose of staging an airshow. A motion was made and seconded to recommend approval of the resolution and lease agreement as writen. The motion carried unanimously. I' 5 The Board considered recommending to the City Council adopting an ordinace temporarily allowing one-way traffic along Airport Road during the airshow. A motion was made and seconded to recommend to the City Council the adoption of the ordinace as written. The I',--motion carried unanimously. 6. The Board met in executive session to discuss legal and real estate matters at 9:45 P.M. The Board reconvened in open session at 10:50 P.M. With no further business, the Board adjourned at 10:50 P.M. i 1 1 A I 1 DATE: May iV, 1985 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council O ~FROM: G. Ctris Hartung, City Manager SUBJECT: ORDINANCE CONVEYING 0.991 ACRES OF LAND TO THE TOWN OF CROSS ROADS RE :OMb Et4DAT ION t The staff recommends adoption of the ordinance conveying 0.991 acres of real property to the Town of Cross Roads. r SUMMARY: On April 5, 1983, the City Council of the City of Denton and the Town Council c the Town of Cross Roads entered into an agreement which settled a di.spnte between the two entities relative to the Mosely Road Landfill Site. Section A-7 of that agreement j (copy attached) obligated the City of Denton to sell to the Town of Cross Roads one acre of land from the site for price of $10.00. Upon surveying and subdividing 9 the site into separate tracts, we have offered the Town of Cross Roads a 0.991 acre i tract near the old landfill entrance. This tract contains an old house which is of no further use to the City of Denton. The Town of Cross Roads intends to remodel this house and use it and the property for its Town Hail. s BACKGROUND: No additional background information. PROGRAMS, DEPARTNENTS OR GROUPS AFFECTED: I Solid Waste Disposal FISCAL IMPACT: There will be no significant fiscal impact to the City of Denton from this trans- action as the land is of 1?ttle, if any, use to the City and would not be highly marketable given its location. Respectfully submitted, G. Ch vV_ ...do - City Manager Prepared by: r Assistant Director of Public Works Approved byr . j~ i 4~ Bill Angelo Assistant Director of Public Works f r sw7 41 M F 1064L i f AN ORDINANCE OF THE. CITY OF DENTON, TEXAS, APPROVING THE CONVEYANCE f OF 0.991 ACRES ^F REAL PROPERTY TO THE TOWN OF CROSSROADS IN ACCORDANCE WITH AN AGREEMENT, PREVIOUSLY APPROVED ON APRIL S, 1983, BETWEEN THE CITY OF DENTON AND THE TOWN OF CROSSROADS; AUTHORIZING THE MAYOR TO EXECUTE THE NECESSAF.Y DOCCMENTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 5, 1983, the City Council of the City of Denton approved en agreement between the City of Denton and the Town of Crossroads concernird the continued operation of the Mosely Road landfill site; and WHEREAS, in consideration of the benefits received by Denton r pursuant to said agreement, Denton agreed, upon closure of the landfill site, to convey one acre of land to the City 3f Corinth; and WHEREAS, the sanitary landfill site has been closed and the Town of Crossroads has performed its obligations and covenants contained in said agreement; and ' WHEREAS, the City Council of the City of Denton has determined that it has received from Corinth, in the performance of said agreement, consideration equal to or greater than the value of the property to be conveyed herein; and f WHEREAS, such conveyance of land is not a sale or exchange of land for other land, requiring a public notice and sealed bids in r accordance with the provision of Texas Revised Civil Statutes Annotated Art. 6252-17a; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the conveyance, by special warranty deed, to the Town of Crossroads the following described property; All that certain tract or parcel of land situated in the R. J. Mosely Survey, Abstract Number 803, Denton County, Texas, and being past of a called first tract and part of a called third tract in a deed from S. 0. :apps et ux to City of Denton on the 2nd day of December, 1960, and recorded in Volume 4620 page 465, Deed Records of said County, and being more particularly described as follows: BEGINNING at a steel pin on the south boundary line of said first tract and in the center of Tipps Road and being South 69°2659" East 634.88 feet from the southwest corner of said first tract; THENCE North 05°50'56" East with the edge of a driveway a distance 197.86 feet to a steel pin in a north-south fence; THENCE North 13°22'09" East with the edge of said driveway a distance 86.81 feet to a steel pin; PAGE 1 Iii 10 n Y I~ • h 18°11'54" East with the edge of said driveway a THENCE Nor[ distance of 231.39 feet Lo a steel pin; P ' THENCE South 84°12'30" East u distance of 19.50 feet to a steel e pin in a north-south fence; THENCE South 00°47'30" West with said fence a distance 502.08 feet to a steel pin on the south boundary line of said third tract and in the center of Tipps Road; p THENCE to Pointh of Beginning containing in all 0.991 acres of land. SECTION II. t That the Mayor and City Secretary, respectively, are authorized to executa and attest the documents necessary to effeco said conveyance. i SFCTION 111. i 1 That this ordinance shall become effective immediately upon its passage and approval. e i PASSED AND APPROVED this the day of 1485. e -l~y~EE CITY OF DENTON, TEXAS A'IT EST : CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 I I r• A A-11 'A KR\NTY DIID-W.,1 G.~,.i. 4 f.,,r-,., • Akuc •ln'r'~er i. Y\R TIF $a han e7 fe, DdW TILE STATE OF TEXAS, Know All lien l3 T}lese Presents: COi'STT OF_ _DENTUti_ _ y nat the City of Dentun, Texas, a Munic(pal Corpuratton of the County of Denton , State of Texas for and in Wneideration of r the sum of DOLLARS, t. to it in band paid by the Town of Crossroads f t ~ 'I [L■ ' 1 r ! have Granted, Sold and Con~ey:d, and by thcx prewnis do Grant, Sell and Convey unto the said Town of Crossroads of the County of Denton State of Texas ytIIX9 Xid(IllftY All that certain tract or parcel of lend situated in the R. J. Mosely Survey, Abstract Number 803, Denton County, Texas, and being part of a 'called first tract and part of a called third tract in a deed from S. 0. Tipps et ux to City of Denton on the 2nd day of December, 1960, and ,recorded in Volume 462, page 465, Deed Records of said County, and being ,'more particularly described as follows: li (BEGINNING at a_steel pin on the south boundary line of said first tract and in the center of Tipps Road and being South 89026'59" East 634.86 feet from the southwest corner of said first tract; ,THENCE North 05050'56" Esst with the edge of a driveway a distance 191.86 feet to a steel pin in a north-south fence; jTHENCE North 13022'09" East with thta edge of said driveway a distance i{86.81 feet to a steel pin; (THENCE North 18011'54" East with the edge of Fsid driveway a distance of 11111,39 feet to a steel pin; THENCE South 89012'30" East a distance of 19.50 feet to a steel pin in a 'north-south fence; !THENCE South 00041'30" west with said fence a distance 502.08 feet to a steel pin on the south boundary line of said third tract and in the f (center of Tipps Road; THENCE North 89026'59" West with the center of Tipps Road a distance of 1;125.06 feet to Point of Beginning containing in all 0.991 acres of land. . IC I I F i t TO HAVE AND TO HOLD the above described premises, together with all snd singular, the rights and i appurtenances thereto fn anywise belonging unto the sJd City of Denton, Texas, its successors j I does Uftandassigns forever;and it /do hereby bind itself, its successors and assigns AN"eaecutors and admiristtators, to Warrant and Forever Defend all and singular the mid premises unto the said Town of Crossroads, its successors I 191% and assigns against every person whomsoever Tawfully claiming, or to dalm the same, or any part thereof.. by, through or under it, but not otherwise. Witness hand at Denton, Texas this day of i ,.ti.D. w85 i Witnesses at Request of Grantor: ATTEST: CITY OF DENTON! TEXAS . CHAfiLO9TE ALLEN,"CITY SFCRETAftf BY RICHARD O. BTEWART, "1lAY0R r f r f ' C R E 6 0 L 0 T I O N F WHEREAS, it is necessary for the Council of the City of Denton to authorise an Agreement between the City of Denton and 1 the Town Tf Cross Roads concerning the City of Denton's existing Mosley Road sanitary landfill site; NOW, THEREFORE, DE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; EE CTION L That the Mayor of the City of Denton, Tema$ is hereby ` authorised to execute an Agreement between the City of Denton 1 r and the Town of Cross Roads in consideration of the mutual ' ` covenants set out in the Agreement attached hereto. II` PASSED AND APPROVED this the y day of April, 196). f 1 - , TEW T, MAY R CST OF D~ TON, TEXAS RI,pT EN, Y 5 C T CITY OP DENTON, TEXAS APPROVED AS TO LEGAL rom C. J. TAYWP, JR., CITY ATTCONLY CITY OP DENTON, TEXAS HYr I ti y~ 10 r' THE 6TATE or TEXAS S ' COUNTY of DENTON S AGREEMENT S "EREAS, the City of Denton, Texas and the Town of Cross Roads, Texas, municipal corporations with the authority and power to contract, do hereby enter into this agreement concerning the City of Denton's existing Mosley K~ad sanitary landfill site, the public Koala adjacent thereto and the new proposed sanitary landfill site and in consideration of the mutual I covenants set out herein agree as follows, A. Covenants of the City of Dentoni 1• Mosley Road Improvement.; The City of Denton shall make the following improvements on Mosley Roadr e (a) Blade roadside ditches and remove excess dirt to provide for proper drainage; I (b) install a twsntY-tour inch, thirty toot Culvert under Mosley Road, just south of Mr, Steven Bartel'I home; I (c) Blade existing humps in road to pro_ j vide a level road surface; f (d' Rework soft spots to proper moisture and compaction and to test before ::!ling with loaded tandem axle ? cks (e) Blade on hot mix asphalt to fix pules anrdgqsmoppoecth rough areas and to apply a entire lengthaolothaeroadoto e the ridth of twent five ! steel and/or rubber~tire nroroll %ith llers. `L g• ?1ppA_R2ad Imoroyementss 1 The City of Denton shall make the foll-r.!ng 1 improvements on Tipps Road, (a) Blade roadside ditches and remove excess dirt to provide for proper drainage) (b) Rework Soft spots to proper moisture and compaction, test before sealing with loaded tandem axle truck. Add gravel end prepare baa: for seal coat iE applications Apply single penetration seal coat the entire width of the road to a width of twenty feet, then roil with • steel and/or rubber tire rollers. AGREEMENT - PACE ONE 10 (dl Instail one fifteen in,-h, twenty foot r, driveway culvert. i (el All existing culverts ahould be free 3. Pot and clear Of dirt and debris. R f tersh oy Roal r The City of Denton shall make the following imorovemr:ts to Potters!:op Poadt ~ (a) Male roadside ditches and remove excess dirt to provide fcr proper drainage; (bi Prmcve and replace four (4) driveway culverts with fifteen inch culverts; Ice A?.d two 12) additional fifteen inch !vert Aer the road and install .!;ti ral gravel as needed to accom- ,;tallationsl I A.•. :.Ise rn lcw areas of ss Li r< `re a seal seating and apply s:r,gle penetratlon seal coat along the entire Iegnth of the road to a width of twenty feet, then roll with Is rubber tire rollers. Set The language. 'penetration seal coat' is used in paragraphs Al, A2 and A3 shall wean one application of liquid road asPialt covered with fine pea gravel rolled with rubber and steal tire rollers. ` 4. Performance of Street Imarovemontir f The City of rnnton shall accomplish the street improvements specified herein at its c.m cost 1 and expense with its employees or contractors Of its own choosing. Improvements on Ti,,ps and Pottershop Road shall begin within fourteen days, weather permitting, after the approval of thls agreement by the parties hereto and E the approval of Denton county is obtained. ! Improvements to M»ley toad shall begin within thirty days, weather permitting, after final closure of Ite existing landfill is complete. S. C1t of Oenton Indemnification of the Town O Cross Roa _si The City of Denton agreea to pprotect, defend, indemai:y and save the Town cf Crass Roads, its officers, directors, employees, frca and against All claims, demands and causes of action of every kind and character, without limit and without regard to the cause or causes thereof, that may arise as the result of the Ci', of Oenton's negligence, of any kind wn.'soever, in the performance of Lois contract. S. Closure of Landfillt The City of Denton agrees to cease accepting refuse at the Mosley Road landfill site on or before January 31, 1914 or when the Texas AGREEMENT - PAGE 740 E Department of Bealth notifies the City of Denton that the new City of Denton sanitary landfill site is approved to accept solid vast*, which- evei occurs first. The parties agree that this closing date shall superceda the projected closing date the City of Denton submitted in 1 their August 30, 1912 let'.*[ addressed to the Texas Department of Health. The City of Denton shall Complete cover operations at the Mosley Road kendfi11 site by May 31, 1984 or within five (5) months after the new landfill site is approved to accept refuse, whichever occurs first. 7. Sale of handLikl P[opert_vt The City of Denton shall, after closure of the Mosley Road landfill site, sell one 11) acre o.: such site to the To,'n of Cross Roads for a sum of ` Ten and No/100 ($13.00) Dollars. 8. Inspec tton: The City of Denton acknowledges that the Town of Cross Roads shall have tt+e p[SvJIege to designate Or's representative who shell at all times have access to the work construction site for the a purpose of observing tests andfor inspecting the Wo:k of the City of Denton to be performed under this cantfact. The City of Denton further agreed to fully cooperate with said inspector that tha Town of Cross Roads may elect to hire at its own expense. The City of Cross Roads shall notify the City of Denton Within raven days from the date of ratification of this contract by both parties of the name and address of said inspector. B. Covenants of the Town of Cross Roads: 1. yo Contest of tsnofill_rjers ins, The Town of Cress Roads shall not, in its governmental capacity, or acting directly or indirectly through or by any natural person, complain to or petition any governments agency, board or commission or bring e:it any court of law, or otherwise contest in a ,y way, so as to Denton, so long raiitne City o 'Denton City of with all provisions of this lreeme-•, and performing or doing any of the fol' ingt f (a1 Continuing pursuaat tt a to paragraph 61 (b) Opening of mpkina use of t,~ proposed new sanitary landfill sites or (c) Ter%inating the use of the Mostly Road landfill site at the final closure *lava tion submitted by the City of Denton in ` a Setter and attachments to the Texas f Department of Health dated August 10, 1982. C. The City of Denton further warran!e r:,d represents that it will Lully cN°.ply with •-.e landfill closure ' ACREEMENT - PAGE THRFE , I 1 I r w DATE: 05/14/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council /O1 l.S. FROM: G. Chris Hartung, City Manager SUBJECT: ORDINANCE ADOPTION FOR ZONING CASE Z-1728 ' RECOMMENDATION: The City Council considered this item at its meeting of April 2, ( 1985 and voted to approve Z-1728. I I, SUMMARY: This was a request for a change in zoning from the planned development (PD) district to the commercial (C) classification on a 12.1 acre tract located at the northwest corner of Spencer ' Road and Loop 288. F BACKGROUND: This tract was a portion of a 20 acre planned development for a I private utility shop and yard approved in 1973. In 198'x3 eight acres of the planned development were rezoned commercial. Since the Denton County Electric Co-op relocated, the petitioner asked to rezone the remaining 12 acres of the planned development (PD) commercial. The approved commercial zoning is compatible with high intensity area policies. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: There is no impact on the the general fund. Recl~y u fitted: a E U-7-Mis Hartung City Manager P-epared by: xt Denise Spf~y~F Urban Planner Appro d: Jeff Meye i)irector of Planning and Community Development 0847,E 1F r 107UL 1 NO. I 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 f THE CITY 0E DENTUN, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXI'iATELY 12.153 ACRES OF LAND SITUATED IN THE MARY L. AU.~CI14 S!'RVbY, :kBS'rRACT W. 4, DENTON COUNTY, TEXAS AND LOCATED AT TH n :5T "IP?+FR OF SPENCER ROAD AND LOOP 288; TO PROVIDE FOR n c I'. IiNG '.ASSIFICAT1014 AND USE DESIGNATION FROM PLANNED I.VE1., "1'f• DISTRICT CLASSIFICATION AND USE TO COMMERCIAL "C" CLASSIFII-Ai1ON AND USE FOR SAID PROPERTY; AND DECLARING AN EFFECTIVE DATE. r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ` SECTION 1. That the Zoning Classification and Use designation applicatle to all or part of the proRerty described below is hereby changed from Plannad Development PD" District Classification and Use to Commercial "C" District Classification and Use under the Compre- hensive Zoning Ordinance of the City of Denton, Texas: All that certain tract or parcel of land situated in the Mary L. Austin Survey, Abstract Number 4, City and County of Denton and being part of a called 20.136 acre tract described in a deed from W. V. Tu,nicliff, Trustee to Denton County Electrical Cooperative, Inc. on the 15th day of August, 1973, recorded in Volume 682, Page 615, Deed Rccords of said County and being more particularly described as follows: BEGINNIiiG at a tAteel pin on the north right-of-way of Spencer Road and the southwest corner of said 20.136 acre tract; THENCE north 01°15'10" west with the west line of said 20.136 acre tract a distance of 1068.30 feet to a steel pin at a fence ` corner also being the northwest corner of said 20.136 acre tract; f THENCE south 87°33'32" east with a fence and with the north line r of said tract a distance of 993.08 feet to a steel pin on the west right-of-way of Loop 288 also being the northeast line of I said 20.136 acre tract; THENCE soutgwusterly with a c'irve to right which has a central angle of 00 41'36" a radius of 2804.8 feet a chord bearing and dicta ce of south 5°21'15" wait 33.94 feet and an arc distance of 33.94 feet to right-of-way past; I THE'ICE south 16°33'43" west with the west right-of-way cof said ` highway a distance of 197.27 feet to a steel pin; THENCE southieesterly with said right-of-wady and wi.h a c+,rve to G right which has a central angle cE 12°00'(!0" a raoiua of 2i0^9.10 feet a chord of south 19°42'04" west 50.23 feet and an arc distance of 584.297 feet to a steel pin; THENCE north 50°56'40" west a distance of 863.07 feet to a steel pin, THENCE south 01°15' 10" east u distance of 800.81 feet to a steel pin on the north right-of-way of Spencer Road; 2-1728/SPENCER-LOOP VENTURE/PAGE l E THENCE north 87°04'08" west with the .:orth right-of-way of said road a distance of 60.16 feet to point of beginning an containing in e;l 12.153 acres of land. SECTION II. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, be, and the same is hereby emended to show such change in District Classification and Use. SECTION III. That the City Council of the City of Denton, Texas, hereby ! finds that such change is in accordance with a comprehensive [ plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving 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, sad its citizens. SECTION IV. i That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASS$D AND APPROVED this the day of , 1985. CITY OF DENTON, TEXAS ATTEST: CRARI,UTTE NUER, CITY -SEL"itE"I~itKy CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DEMON, TEXAS/ Z-1728/SPENCER-LOOP VENTURE/PAGE 2 10 r1 I P b Z Minutes March 13, 1985 Page 6 C.+ Z-1728. This is the petition of Charles Watkins, representing Spencer-Loop Ventura, req,jesting a change ` in zoning from the planned development (PD) clessifi- cation to the commercial (C) district on s 12.1 acre tract located at the northwest corner of Spencer Road and Loop 288. The curTent planned development will permit the construction of a private utility shop and ` yard. If the request is approved, the property may be used for any purpose permitted in th,e commercial (C) district by the City of Denton Zoning Ordinance. Ms. Spivey stated there were nine reply forms mailed to property owners; none were returned. Mr. Pearson left the meeting. I Mr. Charles Watkins stated he is representing Spencer- Loop Venture, which is a tract remaining of a planned development zoned for the Denton County Electric Co-op. r He stated they are askin for straight commercial zoning. He added the adjoining eight acres is zoned commercial. He explained the existing utilities on the property. He added this property is included on a CIP plan for water service which will service this tract. He stated he feels this request is consistent with the Development Guide. Mr. LaForte made reference to the triangular shaped tract and asked how land gets shaped in the peculiar way that this tract is. Mr. Watkins BA ted apparently it was designed that way. Mr. Sidor commented this originally was all Denton County Electric Co-op's property and they sold part of that land last year. He askkad what is ',,17,g proposed. Mr. Watkins stated basically commercial type develop- ment which will front Loop 288. He stated the owners have not found users for this land yet. No one spoke in favor or in opposition to the request. Ms. Spivey stated in 1973, the Denton County Electric Co-op received planned development zoning approval to permit the location of their office sr.' utility yard complex on a 20 acre site at the northwest corner of Loop 288 and Spencer Road. She continued in 1983, the Co-op received approval of their request to rezone eight acres of the original tract to permit commercial land use. The petitioner wishes to rezone the balance of the original 20 acre tract to permit commercial land use. She continued, according to the Denton Development Guide, this site is located !n a high intensity area. This major activity center has an employment emphasis, but land use diversity is encouraged. This tires. is adjacent to the Golden Trianggle Mall center which is designated as the city's dominent commercial center. The Development Guide encourages a substantial employee balance in this area which is intended to provide 600 acres of commercial and ir4ustrial uses representing over 11,000 jobs. She adit.d commercial zoning is consistent with these goals and staff recommends approval. Mr. Watkins offered no rebuttal. P 6 Z Minutes March 13, 1985 Page 7 Chair declared the public hearing closed. Mr. dscue made a motion to recommend approval of Z-1728. Seconded by Mr. Juren and unanimously Lcarried (5-0). Mr. Pearson returned to the meeting. D. Consider recommending approval of the petition of Robert Bell, represented by Burke Engineering, request- ing a variance of Art+.cle 4,15 of the City of Denton Subdivision and Land Oevelopment Regulations, with respect to drainage requirements, on a development consisting of a one acre tract located on the west side of Duncan Street between Smith Stroet and Dallas Drive (V-12). Ms. Carson stated there were three reply forms mailed to property owners and none were returnsd. Mr. Brian Burke stated he is representing Mr. Robert Bell and has prepared the preliminary pls. . He stated there is a Lot of water shed up stream from this tract. He stated there is a lot of water coming from the east and the west and the developer feels it la not consis- tent with the magnitude of his project. He stated the developer is requesting a variance so this tract will not bear the full brunt of the improvement costs. On question from Mr. Juren, Mr. Burke stated yes, they are ledicating a channel right-of-?+ay as improvements. Mr. Robert Bell stated he was a bit baffled. He said according to the Subdivision Regulations that develop- ment on existing lots is encouraged, He stated he feels 625,000 to $30,000 worth of improvements is not encour- aging. He stated he does have water, sewer, utilities, curb aaa gutter and he doesn't feel is is his raFson:i- bility to spend 525,000 to t30,000 that he doesn t hate. No one spoke in opposition to the request. Mr. Clark stated the developer fa requesting a vdriannce of the drainage faculittes, specifically upgrading kox culverts crossing beneath Duncan Street. He stated it is his opinion this piece of property does not have the proper drainage improvements. He further stated this variance is not supported by the Engineering Depart- meat. He added the de••,eloper is already being given some variance by not requiring a channel along the north rrol3rty line; savings from that release shoulJ be about 17,000 to 610,000, only an easement was requested. He added with these savings, he doesn't feel the developer is bearing the full brunt. He continued, the main requirement was culverts under Duncan Street for the drainage coming from the west. The drainage from the south has already been handled by developers in that area through platting. He added several other devel- opers are supplylnq escrow fun-is to enable the work I.J be dons. He concluded by saying preliminary investi- gations would have shown the property to be at the con- fluence o: two small creeks with 1100 cfe (cubic feet per second! total; granting this variance could be setting s dangerous precedent. I On question from Mr. Pearson, Mr. Clark stated if the variance is granted, we could have some flooding on Duncan Street which would affect some of the businesses in that area. V J%1ay 1V, 1985 CITI COUNCIL AG%:NDA , r Er. F TO: MAYOR AND MEMBERS OF THE tiTY COUNCIL FROM. G. Chris Hartung, City Manager SUBJECT: I Consider Proposed Contract for Sale of Water to City of Corinth. RECOMMENDATION F The Public Utilities board, at their meeting of March 27, 198S9 f recommended approval of the proposed water contract with rorinth. f SUMMARY; The Starf has been working with the City of Corinth in developing a new water contract. ;xhibit I is the proposed new contract and Exhibit 11 is the existing contract. The new contract is formatted slightly different from the old contract, but most of the issues are the same with some additions primarily derived from the contract that Dallas utilizes to sell treated water to its customer cities. Some issues were added to conform to the terms that Dallas is imposing on Denton in the proposed Denton/Dallas raw water contract. The main issues are: 1. Denton agree. to sell Corinth treated water in greater volumes and at greater flows than listed in the existing contract. 2. Requirements for ground and overhead storage are more explicit and stringent than the existing contract and conform to requirements that Dallas places on their customer cities and in accordance with industry standards. 3. Corinth is required to establish specific volumes each year and must pay for same regardless of use. This is as per Dallas' requirement on Denton. 4. Rates to Corinth will be established on the utility basis rather than the cash basis, They will be charged interest ex nse, depreciation and a return on investment of imbedded interest plus 1.S1. There will be a demand 3639U:1 1 charge that will relate to fixed costs attributable to Corinth and based on their peak flow vs Denton's peak flow. There will be a volume charge that will relate to variable costs such as raw water costs, pumping costs, chemical costs, etc. All water sold to Corinth will be purchased from Dallas. This may result in Corinth's raw water component of the rate to be lower thj.n Denton's for ( a few years after Ray Roberts Lake is completed since Dallas' average raw water cost will be le,s than Denton's. This, of course, will reverse in future years as Dallas installs expensive pi lines and begins paying to pump water from Lake Fork and Palestine Reservoirs. • 5. The term of the contract is 20 years. 6. Corinth may withdraw from the contract after five (5) years' notice, but may be held liable for any direct or indirect costs including take-or-pay commitments Denton has made on behalf of Corinth. 7. The contract will take effect June 1, 1986, except that the installation of the rate-of-flow controller and the new rate methodology will not go into effect until either Corinth completes its water storage/pumping facilities or June 1, 1987, whichever comes first. Until then, Corinth will be required to continue paying a summer surcharge to ' compensate for the summer peaking service that Denton is providing. BACKGROUND Denton has had a water sales contract with Corinth since 1971. This contract limits deliverability to 100,000 gallons ' per day and Corinth is now taking over SOO,000 gallons per day and is not providing their own storage or pumping. They :.ave plans and specifications to install such facilities, and a ► tentative approval from the Water Development Board for financing. Final approval for financing is contingent upon Corinth getting a long-term contract with sufficient volumes to serve their needs. PROGRMiS, DEPARTMENTS, GROUPS AFFECTED i Denton Water Department and customers, City of Corinth. FISCAL IMPACT i The new contract will provide similar or perhips slightly less revenues per unit of volume sold than the existing contract, since Corinth will be furnishing their own storage and pumping 3639U:2 10 r' at a ixed level rat serviceso and will be summer days vs the taking water on peakingfmode of service. esent if uub ti, f f ly ed Prepared by: Res t/ R. E. Nelson C Director of Utilities Chris Hartung City Manager Ap oved: R, b, , e son Director of Utilities { EXHIBITS I- Proposed Contract 11 Ordinance III Dallas Conditions of Survice for Treated Wtr INliolesale Customers } IV Minutes PUB Meeting of March 27, 1985 I 1 14 I i j r f I+639U:3 Y May 14, 1)85 CITY COUNCIL AGENDA ITEM r TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: G. Chris Hartung, City Manager f SUBJECT Consider Engineering Contract with Freese $ Nichols, Inc., for High Service Piping Changes for Firm Backwash Water Capability- CIP 85-WP-7. RECOMMENDATION The Public Utilities Board, at their meeting of May 1, 1985, recommended approval of proposed engimioering t contract, (Exhibit II) with Freese 5 Nichols; for analysis, plans and specifications of alternate firm baccwash water from high service: piping. c SUMMARY Only one pump source of backwssh water vrr:.ently exists in t the Water Treatmeat Plat L i . ; lt;sh f i ;arc. If this pump, (30 years old) should e~, fruuld have to shut down until replacement ur . s. ~Om;lleted. This onstruction of an alti.i~:'.r bal:.'~aL°~: 9uuri" is urgently needed to reduce possibility of a r,.,nt shut down. F ! BACKGROUND The Water Treatment Plant was constructed in 1955 with associated backwash pump, valuing and filter piping. On se,ieral occasions, this pump, now 30 years old, has required timely repairs which came close to shutting the entire plant down. The Utility Department has contacted Freese $ Nichols anJ asked for a proposal (Exhibit I) to analyze this problem :ind prepare plans and specifications C for an alternate source of bacfcvash water. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED ` City of Denton, Denton Municipal Utilities, Freese Fa Nichols, Inc., Water Customers. r 3640U:1 F'SCAL IM°ACT The cast of this analysis and plays and specifications is not to exceed $6,000 and sixty (60) days to complete. This is an approved FY 85 Capital Improvements Project. Source of Funds; Bond Funds #623-008-0460-9101-7935 Estimated Construction Cost $46,000 Prepared by: Respectfully Submitted, Srini Sundaramoorthy Civil Engineer Water/Wastewater Department City anager Approp~ R. eRTon, -P. Director of Utilitiss 1 EXHIBIT I Proposal for plans and specifications on high service piping changes for firm backwash water capacity II Engineering Service Cor.Lract III Minutes PUB Meeting of 5/1/85 IV Ordinance' i 3640U:2 1091L it NO. _ AN OR.DIN).NCE APPROVING AN AGkEEMr.NT BETWEEN :HE CITY OF DENTON AND . FOR ENGINEERING WATERETREATMENTLPLANTNCAND PROVIDING FOR ANSEFFECTIVE DATE. TO THE WHEREAS, it is in the best interest of the City of Denton to provide for its future needs for the development and construction for the water treatment plant; and WHEREAS, the city staff and Public Utilities Board hes recommended that Freese 6 Nichols, Inc., consulting engineers, be retained to render engineering services for relative to the filter backwash system at the water treatment plant; 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 tho Charter of the City of Denton, Texas requires that ever act of tho Council providing for the expenditure of funds or for the contracting for indebteu:eas shall be by ordinance; NOW, THi:REFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the City of Denton, and Freese S Nichols, Inc., providing for rofessional services comprising of engineering services for improvements at the water treatment plant under the terms and conditions being contai:ed in said agreement ::hich is attached hereto and made a part hereof. SECTION Ll. That th., ordinance shall become effective immediately upon its passage and r ?oval, PASSED AND APPROVED this the day of _ 1985. ~'EY6lf 'TY OF DENTON, TEXAS ATTEST: CHARLOTTE ' CITY VY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS I BY: I SIMON W PRESS! PE Y JAMESA NICHOLS PE R0E[RT L NICHOLS, PC r LEEa ►REEEEPC RORERTS DOOCH PE F R 6 18 E A N 0 N 1 C 10 S, I .9 C r ROBERT A'THOMPIOM III. P E JOHN H COOK P E C O N S U L T I N G E N G I N E E R S T ANTHONY REIO, ►E • JO[• MAP FE PE A ERNEST CLEMENT, P[ ` March 25, 1985 ELYFN C COPELAND PC M GARY N REEVES. P E r r ' Mr. C. David Ham, P.E. Assistant Director of Utilities ,ty of Denton Municipal Building I' Denton, Texas 76201 I~ Re: Water Treatment Plant Improvements Filter Barkwash System Proposal Dear Dave: t Our proposal of March 14, 1985 for design of a new filter backwash system for the Denton Water Treatment Plant, was based upon a permanent system outside the building, near the new High Service Pump Station presently under construction. It envisioned tapping the existing 36-inch cast iron high service pipe line and installing a new 20" backwash line up the embankment, through the pipe gallery wall and tapping into the existing washwater header in the filter pipe gallery. The new line would have included a motor operated gate valve for control, a new flow meter for measuring flow rates and a pressure tegulating valve to control pressure ' for the new supply. Electrical controls for operating the system would have been installed in the filter pipe gallery, convenient to the filter operating tables. i This system would have been a complete parallel system to the present backwash system and would have provided 100' stand-by' service. The estimated construction cost of this system was approximately $95,000.00. On March 23, 1985, Mike Morrison met with Jerry Roush at the Water Treatment Plant and discussed Jerry's ideas for a less expensive but workable alternative system. This system would tap the 36-inch discharge header inside the basement and would extend a new 20 inch wash water connection across the east end of the basement, inside the building, to connect into the existing discharge line from the present washwater pump. A manually operated (rather than remote electric motor operated) valve would be installed in the line and the system would serve as a manually operated alternate backwash system. Sketches showing details of this system are attached for your review. The estimated construction cost of ` this syster,is approximately $460000.00 and our engineering cost estimate for developing plans and specifications is approximately $6,000.00. I If this scheme is acceptable to the City, we would be pleased to enter ` into a contract for the work on the same basis as outlined in the March 14, 1985 proposal, for a "not to exceed" cost of $6,000.00. all LAMAR ST 11[[7 PORT WORT H. T[ RAS 1a 10E T E L[ P M O N[ a 1 7 336 • 7161 M E T R O 0 1 7 4 E a I a 0 0 wl k 1 _ E - ~ Letter to Mr. David Ham March 25, 1985 ' Page Two Please call if you need additional information concerning this alternate backwash system. Very truly yours, FREESE AND NiCHOLS, INC. Elvin C. Copeland, P.E. ECC:kdw f E i ~jQMevc ptrlrr. 1 ~~{elJt7 /~t~S. A,~ro 4 cx~N.~r• ac ''K 3L ito D•r• TlC, t V x- too mr •II r 710 1114 "'kill I _ V Apr 010A ej K 7% .h ~ i E xis 'og Aump rr-+.S-+I I S{ Ja I ~ .~r..._ ~ i~ -._-•~1 M'n•e ter` 11 -1 ~c as i £/rili~op ~ ~ 20' C~•i n~Pc Pipe fh3~e I I RE(ocArr. Srales - ` I ~A`M HANDRAI L Oda PCMC-1111 .-LJ 'f r U...._- ,J~ (fit` i I I e 0 New HhIPRA~I• I I S Brlt1: ~ I f ?1 ~ ('!hp wJ a I I I W~ r---T---i---i ---~----i ± I i i i2 l`J• I { { I ~ I rlns d.~i/ch geor 144 i?f,eat i N^~ AoG n _ I - CITY OF pENTON- AUXILIARY C3AC1<WASH CONAlccr/ON 1 (JZArJ !~IE_N/ F Er r Qr P6 Wg4 ~ ~ o~s~ W Aft Y . j'/fN/L WALL Nooo~ j i i i i ~sof~f,eti 1(A-QUE. E ~ 0000 TO y 3 "X 3 "X zo" S~ C r~o I ' ~ r y . J f pegss va w~ OMp 1.T ILI - L YE. t r• Ao-O APO 000^10,14 I } S-arc?zm.✓ Z - Z E~ f i I r t i I i r I i vK I L / R/2 y /✓i1 c lc k,~~v C'QNN/-:c"r;"CW ;20 pre li~ Z.b" C~oI Iota Cr Mapjol x-00ogrl•.*4l Ta JorAItN 1 ~o a 7vraV ¢'2l IS'a ./1-- 00 to %row" 00 0 STATE OF TEXAS ) ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FREESE AND NICHOLS; INC. ) THIS CONTRACT entered into this day of 19 , by and between the City of Denton, Texas, hereinafter ca ed the owner, acting by and through Richard 0. Stewart, its Mayor, duly authorized to act, and Freese and Nichols, Inc., Consulting Engineers, Fort Worth, Texas, hereinafter called the Engineer. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: 1. employment of Engineer: The Owner hereby employs the Engineer and the Engineer agrees to perform professional services as herein set forth in connection with the construction of an alternate filter backwash system for the Water Treatment plant, hereinafter called the Project. 2. Character and Extent of Engineering Services: The Engineer shall ren er eng neer ng services or tie development and construction of the Project, which shall include the following: a. Desi ns Plans and Specifications: Make field surveys; review the existing- x st ng water treatment plant piping and requires piping for the conversion of the water distribution system; determine valves and piping required to reduce the pressure of high service water to allow it to be used to supply firm filter backwash; prepare an estimate of probable construction costs for the project; prepare working drawings and specifications for the project, prepare forms of proposals; attend conferences and assist in the coordination of the work with other interested parties; and assist in the award of construction contracts. b. General Ri resentation and Observation during Construction: a Engineer s a 11 urn s genera representation and observation of the work during the construction phaRn as follows: review shop drawings pursuant to the General Conditions of the Construction Contract; make two visits per month to site by office staff; review such work of testing laboratories as may be required by the Owner; keep the Owner informed of the progress of the work; issue all instructions of the Owner to the Contractor; prepare change orders as required and review the application for payment submitted by the Contractor. The Engineer shall use 1 reasonable diligence to detect defects and deficiencies in the work of Contractor and disapprove or reject work r as failing to conform to the Contract Documents. Engineer shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor or the safety precautions and programs incident to the work of the Contractor. Engineer shall not be responsible for the acts or omissions of any person (except his own employees and agent) at the Project site or otherwise performing any of the work of the Project. c. Resident Representation During Construction: If requeste y the owner, es ent Project Representative and assistants will be furnished, who will act as directed by Engineer in order to provide more extensive representation at the Project site during the Construction Phase. The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistants, if requested by the owner, will be set forth in Attachment A which is to be identified, attached to and made a part of this Agreement. Construction layout will be provided as a part of Resident Project Representation. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, rngineer shall endeavor to provide further protection for Owner against defects and deficiencies in the work, but the furnishing of such Resident Project Representation will not make Engineer responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs or for Contractors failure to perform the construction work in accordance with the Contract Documents. d. Subsurface Inresti ations and Laboratory Tests: The rov e the Owner-with a v ce, when f ng neer will provide- requested, with respect to the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface explorations, however, the making of such investigations and the interpretations of data and reports by special consultants are not a part of the services to be rendered by the Engineer, and the cost therefore shall be paid by the Owner. The Engineer shall monitor and ` review the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc., for the Project, but the cost or such laboratory tests or inspection shall be paid by the Owner. PAGE TWO r Y i iL R Su e. To o ra hic Ri ht••of-Wa and Land Surve s: The ng neer s a ma e.profile an topograp c surveys only in connection with the location and design of all structures under Paragraph 2.a. 1 3. Com ensation to Engineer: The Owner agrees to piy the Engineer or a pro ess ona services rendered under this contract in accordance with the following: 1 a. Desi ns Plans and specifications and catnons, i` ~_a r~esentat on: or -Designs, ans an pec and enera Representation During Construction (Paragraphs 2.a. and 2.b.), the Engineer shall be paid a lump sum of $6,000. For the purposes of preparing a statement, 85% of the fee shall be for designs, plans ' and specifications and 15% of the basic fee shall be for general representation during construction. Eighty-five percent (85%) of the fee shall be due and payable upon completion of designs and the submission of complete plans, specifications and contract documents to the I Owner. The fee for general observation services (15% of the fee) the value shall the co work ucompletedabye the tconstruction contractor. i b. For Resident Re: resentation and Ins ection During Con- struct on- ate- onstruct on ayout: For the res ant representat on ur ng construction and construction layout, if requested by the Owner (Paragraph 2.c.), the Engineer sha,1 be paid based on the Schedule of Charges shown in Attachment B. Payments for Resident Project Representation and construction layout shall be due and { payable upon submission of statements by the Engineer. I Statements shall not be submitted more frequently than !1 monthly. II 4. Preliminary Estimates: When requested to do so, the iwork, but he doer; noot_g estimates then accuracy construction the estimates. 5. Revisions of Plans and S ecifications: The Owner reserves sugigtant a revs n of the plans and the rig t to 19:0c specifications after due approval by the Owner as Owner may deem necessary, but in such event the Owner shall pay to the Engineer just and equitable compensation for services rendered in making such revisions. if revisions are required by reason of the i Engineer error without omission, additional compensation. shall be made by the 6. Inspection and Review of the Work: The Engineer will endeavor to protect t e weer aga nst a acts and deficiencies in of th the work of the oi3 Contra borint~rP retationo of It eo pla sa,tispe ificae work as it t pro,3resses, by tions and other contract doctments to and with the Contractor, by PAGE THREE the disapproval of defective work and the isst+ance of stop-orders from the Owner with respect to defective procedures, where they are observed, and the Engineer will exercise due diligence to assist the Owner in requiring that the work be done in e.ccordance with plans and specifications, but the Contractor will remain an independent contractor with the Owner, and the Engineer does not guarantee the performance of such construction contract. 7. Ownership of Documents: Drawings znd specifications as instruments o service are the property of the Engineer whether I the work on which they are made be executed or not, and the Engineer will retain in his files original drawings and specifications for the work. The Engineer will provide up to I twenty-five sets of plans, specifications and contract documents. If additional sets are required, the Engineer shall be reimbursed based on the prevailing commercial rate. Upon completion of ` construction, the Engineer shall revise the working drawings in ` accordance with the date furnished by Contractor to show the f Project as constructed and the Owner shall be furnished two sets of prints made from the "Record" drawings. 8. Termination: This Contract may be terminated at any time by the n er, w`ittFtout penalty or liability except as may otherwise l be specified herein provided the Engineer will be entitled to t compensation for work performed prior to termination. If 9. Arbitration: No arbitretion arising out of, or relating to this Agreement may include, by consolidation, joinder or in any other manner, any additional party not a party to this Agreement. 10. Successors and Assignments:. The Owner and the Engineer each binds himself, successors, executors, administrators, and assigns to the other party to this Agreement, and to the successors, executors, adninistrators and assigns of such other party in respect of all cov9nants of this Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. li. Indemnification: Engineer shall and does hereby agree to indemnify an o d Tarmless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by reason of injury or property or third persons occasioned by any error, omission or negligent act of Engineer, its officers, agents, employees, invites, and other persons for whom it is legally liable, with regard to the perforvance of this Agreement, and Engineer will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. This Contract is executed in two counterparts. PAGE FOUR IN TESTIMONY HEREOF, they have executed this Agreement, the day and year first above written. ATTEST: CITY OF DENTON, TEXAS Owner r. CHARLOTTE ALLEN) T CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS 40 ATTEST: FREESE & NICHOLS, INC. Engineer ! I E 'rL . MCHOLS - VICE-PRESIDENT APPROVED AS TO LEGAL FORM :)EBRA ADAMI DRAYOVITCH a CITY ATTORNEY BY: s i 1091L PACE FIVE l ATTACHMENT A . r Duties, Responsibilities End Limitations of Authority f of Resident Project Representative 1 A. General. • Resident Project Representative is ENGINEER's Agent, will act as directed by and under the supervision or ENGI- NEER. and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be only with ENGINEER and CONTRACTOR, and dealrogs with subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with OWNER will be only through or as directed by ENGINEER. l B. Dulles and Respoulbidtles. II` Resideat Project Representative will: f J. ScAtdulev Review We progress schedule, schedule of Shop Drawing submissions and schedule of values prepared r by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2. Conferences. Attend preconstruction conferences. Arrange a schedule orprogress ineetings and oll job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3. Lialson: a. Serve as ENGINEER's liaison with CONTRACTOR, working princtp:411y through CONTRACTOR's superinten- dent and assist him in understanding the Intent orthe Contract Documents. Assist ENOINEER in serving as 0 NNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations. b. As requested by ENGINEER, assist in obtaining from OWNER additional detain or information, when required at the Job site for proper execution of the Work. 4. Shop Drowinla andSampies: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER ortheir availability fir examination. b. Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commencement of an Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. 3. Review of Wort, Refection of Defective Work. Inspertkmi and Tests: a. Conduct on•siteobservations of the Work In progress to assist ENGINEER in determining if the Work is proceeding Ir accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty of defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment: and advise ENGINEER when he believes Work should be cvrnected or rejected or should be uncovered for observation, or requires special ;oiling, inspection or approval. e. Verify that tests, equipment and systems startups and operating and mainteaence Instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriatedmails relative to the test procedures and startups. d. Accompany visiting Inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these Inspections and report to ENGINEER. a 1979 by National Society of Professional Engineers. 20:9 K St.. N.W.. WashinJton. D.C. MM NSPFJACECIASCF. PuNication No. t910.1•A ' Igr7 HJirion 10 6. lnterprrtation 01ronr6es Aorumraw Transmit to CONTRACTOR ENGINEER's clarification,; and interpretations of the Contract Documents. 7. blod,Jications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. d. Records. a. Main's'n at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, addi- tional Drawings issued subsequent to the execution of the Contract. ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more derail as in the case of observing test procedures. Send copies t3 ENGINEER. c. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of • materials and equipaseat. 9. Report: a. Furnish ENGINEER periodic reports asrequired ofprogressoftheWork anti CONTR %CTOR's compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of thr work. c. Report immediately to ENGINEER upon the occurrence of any accident. 10. Payment Requisitions: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values. Work completed and materials and equipment delivered at the site but not incor- porated in the Worx. 11. Cerrjjicetes, Malnttnance and Operation Manuals: Durir the course of the Work, verify thatcertifiales, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually Installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to Anal acceptance of the Work. 12. Completion: ra. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requirinj completion or correction. b. Conduct Anal inspection in the company of EVOINEER. OWNER and CONTRACTOR and prepare a Anal list of items to be completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concernins acceptance. C. l.lmketlons of Authority. Except upon written Instructions of ENGINEER. Resident Project Representative; 1. Shall not authorize anydeviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on ENGINEER's authority as set forth In the Contract Documents. 1. Shall not undertake any of the respon%ibilitiesofCONTRACTOR, subcontractors orCONTRACTOR'ssuperintendent. or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the menss, methods, techniques, sequences or procedures of construction unless such Is speciAtalty called for in the Contract Documents. 1. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in pan. 7. Shall not participate In specialized Meld or laboratory tests. r ~rrre b ay..n' b+r CwAnen o.r.~.M. faun • r1i1GJ.NpWhh: Pnhn.,rlaryiiwnYM.W hxikr.~rr.enr.'w~d,MN.e:Md Vie, rrr~r•orr~uMall~t.nHn.AnrMwt•s~J~lr~nren r•wa~lAmtr►•r.fawn erO.,i ~.rww ATTACHMENT B FREESE AND NICHOLS, INC. Schedule of Charges Special Services f" Staff Members Salary Cost Times Multiplier of 2.2 Salary Cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement E benefits, ,aedical and insurance benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.39 times salary payments. This factor is adjusted annually.) Other Direct Expense Actual Cost times Multiplier of 1.00 Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff members. E Public Utilities Board Minutes Ma/ 1, 198E Page 2 Ham briefed the Board on this item. Fie indicated that we would gain from building the line with the bid from the DFW Utility Company for $6,490.00. The bid is $3,OOD above the projected cost, however. Coomes expressed concern if we could afford to proceed with the project estimated $3,000 over the projected cost. Ham affirmed that we could. tCoomesm val. Second. torrthe City aComotion uncil to accept Motion carried. 4. CONSIDER ENGINEERING CONTRACT WITH FREESE AND NICHOI t7-VT7TN'G- 111L!11 J1 E"' WATER CAPABILITY-CAPITAL IMPROVEMENT PLAN 85-WP-7 Nelson reconfirmed the concern that there is only one pump source of backwash water presently in the Water he Treatme.?it Plant to flush filters. If this pump fails, would havc~ to shut down until replacement or repairs are modifica . Testimatedmata$bb00porrected by doing a piping Coomes made a motion to recommend to the City Council Freese and Nichols complete the project with the 60 daystto ncothat mplete}.e Second tby could Boyd. noMotionecarried 0 and S. CONSIDER CAPITAL IMPROVEMENT PLAN PROJECT (CIP) 85-WW-6 Ham briefed the Board on this item. He indicated that an existing 8" sanitary sewer was found during construction of the lift station interferring with the proposed foundation. It is, therefore, necessary to relocate the lift station to the north and wrst on the existing plot to ease out unforeseen construction problems. This is a no cost change ordor. Coomes made a motion to accept the Hobson Lift Station Chan pge Order and recommend to Second by Herring. e MCity Cuncil otion carried?proval of the 6. DISCUSS PRELIMINARY 1985-86 UTILITY DEPARTMENT OPERATING BUDGET. Nelson recommended i•e place this item of the agenda on hold. DATE: May 1"4, 1965 CITY COUNCIL REPORT FORMAT TOi Mayor and Members of the City Council I O ' :3~, FROMr G. Chris Hartung, City Manager r SUBJECT: PONE CONTRACT FOR LANDFILL SOILS TESTING I RECOMMENDATIONi The staff recommends adoption of the ordinance approving the agreement between the City and Rone Engineers for the subsurface investigations ano evaluation of the landfill bottom. `:UMMARY: The attached proposal from Rone Lngineers outlines the ve:rious functions and cost associated with the testing and evaluation. Since the misting pit at the landfill is partially filled, It is necessary for us to seek certification of the landfill bottom liner from the Texas Department of Health. The criteria for such certifica- tion is identical to the methods and procedures contained in the proposal. We will be unable to move into the new disposal pit until this testing is complete and certification is obtained. j BACKGROUND: None i PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTF.Dr E Srlid waste Disposal I I FISCAL IMPACT: j i The cost estimate for this work should not exceed $6,000. All costs will be charged to the La.^.Afill Bond Account. ' Respectfully submitted: G. Chris Hartung City Manager Prepared ays Bill Ange Assistant Director of Public Works Approved by: I Bill 'Angolo~ Assistant Director of Public Works C sw7 ~1 0885L (44L) 1089L i Er I' NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BONE ENGINEERS TO PROVIDE SUBSURFACE INVESTIGATION SERVICES FOR THE CITY'S SANITARY LANDFILL, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2.36(f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000, end WHEREAS, Section 2.09 of the Charter of the City of Denton, Texas requires that every acs 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 HEREBY ORDAINS: ` SECTION I. That the City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, respectively, the e agreement between the City of Denton and Rone Engineers, providing for Subsurface Investigation Services for the City's Sanitary ' Landfill under the terms and conditions being contained in said agreement which is attached hereto. i ` SECTION II. ` t That this ordinance shall become effective immediately upon a its passage and approval. PASSED AND APPROVED this the day of 198:1. I i RICHARD U-79TEWn-,-RM CITY OF DENTON, TEXAS ATTEST: KMLOTTE A CITY OF TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: rn u~ uy t rZone Engineers 11308 Emerald Streel Geolechnical Consuitants O-ilas, Texas 75229 RO~gineers Materials 'resting (214) 241-4517 Metro 263.1555 April 10, 1985 Proposal 3-14 City of Denton Department of Public Works • 901 Texas Street Denton, Texas 76201 8[ I%WACE INVESTIGATION EVALUATION OF LANDFILL BDITCM CITY OF DEN`CN UWFILL - PERMIT NO. .1590 DENBON, TEXJsr4 Gentlement We are pleased to submit our proposal for conducting the subsurface investigation in conjunction with the referenced project. This proposal is based on our com,erstion of March 27, 1985 with Mr. Joe tebaue, and on the application permit authorized by the Texas Department of Health. Soil borings were drilled at the site for the initial "Soil and Liner Evaluation Report" (SLER)p dated February 13, 1985. Results of that study indicate additional fill volume may be achieved by over excavation and recorrWtion of the underlying clay soils. The entire area investigated was about 320 by 400 feet. The SUR certified an area of 200 by 400 feet. A lined sidewall area, approximately 500 feet long, exists along the north prop,-.y line. The lined sidewall area begins 50 feet east of the 200 by 400 feet certified area. It is recommended that the entire 500 feet of sidewall be lined at one time. Consequently, the next SLER should oertify an area approximately 650 by 400 feet. The following proposal and cost estimate is based on this 650 by 400 feet area. Based on past experience with this project and requirements outlined in the permit application, we anticipate the subsiurfaoe conditions to consist of clays? sandy clays and sands of the Wooa4ine Geologic Formation. Accordinglyr the costs shown for this proposal are based on boring depths of 25 feet below existing gradesr and the anticipated soil condition. The final invoice will be based on the specific quantities drilled and tested. If unanticipated conditions are encountered during drilling, you will be notified accordingly. FIELD INVESTIGATION We plan to define the subsurface conditions with a total of 24 sample borings drilled to depths of 20 to 25 feet below existing grades, F City of Denton Proposal 3-14 April 10, 1985 Page Two All borings will be drilled using truck-mounted equipment. Cohesive and non- cohesive soil samples will be obtained using three-inch diameter Shelby tube samplers and two-inch diameter standard split-spoon samplers, respectively. All samples will be extruded in the field, logged, checked :or con3istency with a hand penetrometer wrapped to preserve their condition, and returned to the laboratory for further testing. 1 I LABORATORY INVESTIGATION Based on our experience of the soil conditions and general geology in the area, it is anticipated that laboratory tests will be required to classify the soils, and determine the permeability characteristics. It is therefore anticipated that the following tests will be required: 1. Moisture content and soil identification; 2. Sieve Analysis (through #200 sieve); F 3. Liquid and Plastic Limit determinations; 4. Moisture Content and Unit Weight determinations; and 5. Permeability tests. EN01NEERING SERVICES F The results of the field and laboratory data will be submitted in an engineering report together with our analyses of the results and recata ndations. The report will includes 1, general soil and groundwater conditions in the area; 2. recammanded depth for bottom of landfill; 3. earthwork recommendations; and 4. any other geotechnical requirements revealed by these studies. ANTICIPATED COST FOR SERVICES We will perform the services in accordance with the attached schedule of fees. Based on the above quantity of work and the attached achedule, the total cost of this investigation should be on the order of $5,900.00 to $6,000.00. For budget purposes, a maximum cost of $6,000.00 is recommended. This cost will rot be exceeded without prior authorization. We can begin theac studies within 5 days of receipt of notice to proceed, weather permitting, and we anticipate 2 working days to complete the fiel% investigation. The final report should be submitted 2 weeks following the completion of the field phase of our investigation. Preliminary design data can be made available sooner if necessary. Pone Eng nears I r City of Denton 1 Proposal 3-14 April 10, 1985 Page Three 't'hank you for the opportunity to present this proposal. Please sign and return one copy'as your authorization to proceed. ` We look forward to working with you on the project. If any questions arise, do not hesitate to call. Very truly yours, RONS INE AOCEPM BY A;~ ~ Ronal F. ed, P.E. Vice-President, Engineering DATE KAK/AWawm copies sukmittedi (2) i t I I l I I I t Rone Engineers r COST ESTIMATE EVALUATION OF LANDFILL BOTTOM CITY OF DENTON LANDFILL DEN", TEXAS This oust estimate is based on an evaluation of a 650 by 400 foot area. Sariple borings will be drilled on a 100 foot grid system, as specified in the permit application. Borings will be dr illed to a depth of about 25 feet. Sample borings will not be drilled along the north property line which will be lined. Field Investigation Mobilization of drill equipment, location of borings, observation of post-drilling water levels - lump sum $ 150.00 126 Linear feet of core borings (continuous sampling) in soil @ $12.50/foot $ 11575.00 324 Linear feet of auger borings @ $6.00/foot $ 11944.00 Subtotal, Drilling $ 3,669.00 Laboratory Investigation f 2u Moisture Content b Soil Identification @ $3.50/each $ 70.00 10 Sieve Analysi3 (through 4200 sieve) @ $20.0 /each $ 200.00 j 10 Liquid and Plastic Limit determinations @ $30.0 /each $ 300.00 10 Moisture Content- and Unit Weight determinations @ $11.00/each $ 110.00 8 Permeability tests on undisturbed soils @ $50.00/each $ 400.00 Subtotal, Laboratory $ 1,080.00 Engineering Services Engineering Analysis and Report - lump sum $ 700.00 10 Hours Site Engineer @ $:0.00/hour $ 500.00 Subtotal, Engineering $ 1r200.O6 )TAL $ 51949.00 Total estimated cost is $5,900.00 to $6,000.00. Unit prices shown are applicable through August, 1985. The final invoice will be based on the specific quantities and tests performed. Rorie Engineefs I DATE: May !y, 1985 CITY COUNCIL REPORT FORMAT l / TOr Mayor and Members of the City Council i FROMi G. Chris Hartung, City Manager SUBJEC'Pr AIRPORT USE AGREEFSb'NT FOR THE 1985 AIRSSSOW RECOMMENDATION: The Airport Advisory Board and the City Staff recommend the adoption of the resolu- t1on approving an Airport Use Agreement between the City of Denton and the Confeder- ate Air Force for the 1985 Airshow. SUMMARY: The attached contract is similar to those approved by the Council in previous years. The contract obligates the City to allow the Confederate Air Force to use the Airport during the Airshow, as well as obligating the City to provide necessary firefighting equipment and personnel, ambulances, and other standard equipment. In return, the Confederate Air Force has agreed to provide the City with $3,000 base fee plus 3% of all admission fees after excluding cost of police salaries, cost of the Blue Angels and Golden Knights, and any compensation, required by the holder of the Airport Agricultural Lease. BACKGROUND: No additional background information. i PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED I 1 - l Denton Municipal Airport Denton Police Department Denton Fire Department Denton Street Department Denton Sanitation Department FISCAL IMPACT: The profitability of the airshow for the Airport is nominal. The total cost of the airshow to the City is estimated at $5,500 and revenues are projected at $6,500. Overall, t;. airshow is of substantial benefit to many local businesses including motels and restaurants as the airshow brings in significant tourist trade during the weekend of the show. Respectfully submitted, G. Chris Hartung City Manager Prepared b,.,: Bill Aneo Assistant Director of Public Works Approved by: Bill 4ngelo Assistant Director of Public Works R-" S 0 L U T 1 0 N WHEREAS, the City of Denton owns property at the Denton Municipal Airport; and WHEREAS, the Confederate Air Force desires to use property at said airport for a temporary sirshow on June 7, 8 and 9, 1985; and WHEREAS, the Airport Advisory Board has reviewed and recommended approval of the attached use agreement; :NW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, CHAT; SECTION I. The Airport Use Agreement between the City of Denton and the Confederate Aic Force, attached hereto and incorporated herein by reference, is hereby approved. SECTION 11. The Mayor is hereby l,uthori¢ed to execute the attached use agreement on tehal: of the aty. SECTION III. This Resolution shall bi effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1985. KLL;HAJW I . CITY OF DENTON, TEXAS ATTEST: VETS-AI. , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BYs AwmwA~ 10 THE STATE OF rESAS § AIRPORT USE AGREEMENT COUNTY OF DENTON § This Agreement, made and entered into by and between the City of Denton, a Municipal Corporation of the State of Texas, herein- after referred to as "Cit~I and Confederate Air Force, after referred to as "CAF'), is made for the purpose of allowing CAF to use the Denton Municipal Airport (hereinafter referred to as "Airport") owned by the City, for a temporary airahow in accordance with the following terms: pp1. CAF may use the Airport on June 7, 8 and 9, 1985, for the property of the general irport )M ioses of c. CAF may fuse airshow for for said airahow as designated by the Airport Manager. 2. The City will also provide the following equipment and services in support of said airahow: (a) Two fire trucks and two man crew and one fully equipped ambulance and one transer ambulance; (b) One water truck, a front-end loader and one equip- ment operator; (c) t. minimum of fifteen (15) sanitation containers plus two (2) 30 yard containers which will be emptied a minimum of two times, after 6:00 p.m. on June 7 and June 8, 1985 and during the morning of June 10, 1985; and (d) Up to four (4) electrical drops, three (3) of which shall be from existing poles. 3. CAF, in consideration of the foregoing, agrees as follows: (a) To pay to City Three Thousand Dollars ($3,000). (b) To pay, after subtracting the following costs: (1) payment of Blue Angals and Golden Knights, (1) payment for Mr. Trietach's wheat; and (3) payment for police officers and police reserve officers during air show. three percent (3i) of all admission fees collected. (c) To provide the City with evidence of comprehensive public liability insurance inthe amount insure Million Dollars ($5,000,000) per occurrence, the City and CAF against all liabilities or losses arising from any bodily innury or propasrtyy damage occurrence suffered by any pet-son result of the use, occupancy or operations of the CAF at the Airport; CONTRACT/CONFEDERATE AIR FORCE/PAGE 1 E' C Er_ r (d) To restore and repair any damage or loss suffered improvements th operations thereon he Airport grounds, tse, u ancy caused by of the CAF; (e) dTo cause the eposited on Airport apropertyl as latresultr of trash airshox; and at any reasonable time to audit to the airshow (f) To allow the City records of t of ad to deter admission fees. to determine City's percentage 1985. Executed this the day of CITY OF DENTON, TEXAS BY I ~ 1 i ATTEST: i CITY OF DENTON,~TEXAS i APPROVED AS TO LEGAL FORM: I DEBRA ADAMI DRAYOVITCHs CITY ATTORNEY CITY OF DENTON, TEXAS Z ri!'i~res~es- ' f ~ BY* CONFEDERATE AIR FORCE I ATTEST: CONTRACT/ CONFEDERATE AIR FORCE/PAGE 2 Page 2 Minutes Airport Advisory Board [4. The Board considered recommending to the City Council the approval of a resolution accepting the Airport Use Agreement with the 1 Confederate Air Force for tre purpose of staging an airshow. A motion 1 was made and seconded to recommend approval of the resolution and r lease agreement as writes. The motion carried unanimously. I` 5. The Board considered recommending to the City Council adopting an ordinace temporarily allowing one-way traffic along Airport Road I during the airshew. A motion was made and seconded to recommend to the City Council the adoption of the ordinace as written. The motion carried unanimously. 6. The Board met in executive session to discuss legal and real estate matters at 9:45 P.M. The Board reconvened in open session at 10:50 P.M. With no further business, the Board adjourned at 10:50 P.M. h I I f It i fr` I DATE: 5-/f85 CITY COUNCIL REPORT FORMAT IJ~~ f0: MfAyor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Etesolution authorizing a Pipeline License Agreement between the city of Denton and the Missouri-Kansas Texas Railroad U~mpany REC014MENDATI11: Staff re,..:-cmends approval. WIMAR Y: This license will allow the city to cross the R"ilroad's right of way with a stonn sewer pipeline. BACKGROUND: The reques!'~ is a rcyuiremnt for the Robertson Street Improvement: Project as designed. i. f PROGRX S~L DEPAR, NTS OR GROUPS AFFECTED. Tre nigineerinq section of Public Storks will handle all the vork required with the license E # FISCAL FIPACT. The CaTrrunity Developrent Flock Grant fund will pay the licensinq fee. Tne.re is no impact on the Cr~neral fund. I Respectfully subm tted: City Manager Prepared by: Name. ElizabethEvans Title Community DeveloFment Coordinator Approv Name Jeff yer Title Director of Plannirq 5 Canikanity Developwnt 1066L R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipeline License Agreement dated May 1, 1985, between the City of Denton and the Missouri- Kansas-Texas Railtoad Company, relating to the construction, reconstruction, use, mainteesgnce, operation, repair and i instel.ation by boring method one pipe line encased in a carrier I ~ pipe not exceeding eighteen (18") inches in diameter, to be used for storm sewer, manhole and headwall at Mile Post K-722.120 Denton County, Texas. PASSED AND APPROVED this the day of , 1985. 9 i CITY OF DENTON,TEXAS ATTEST: MARY CRARLOTTE CITY OF D-NTON,~'.EXAS i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY., ~I li I A roan +w Rev it 77 r ` PIPE LINE LICENSE THIS AGREEMENT No- made this let may of . Nay _ 19_..8.1. between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and CITY OF DENTON, TEXAS t hereinafter called "Licensee". K'1TNESSETH: ARTICLE I. I 1. Term: This agreement shall take effect the date hereof, and unless sooner termi- nated as provided herein, shall continue in force so long as used for the purpose herein set out for s. period of ten (10) !ears, or until terminated by either party giving the other party not less than thirty (30) days' advance notice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such term or notice, whichever oexurs first. Licensee is hereby given a renewal option at a price and term to f be negotiated oo sooner than 120 days or less than 30 days prior to the expiration of this term. In the event the amount of renegotiated rental is not agreed to in writing by both parties, prior to the expiration of the term of this license, this license shall automati- cally terminate without notice, effective the last day of the expiring term. I 2. Consideration and Description In cc, -;deration of _ ONE THOUSAND TWO HUNDRED FT.FTY i AND N0/100-------- (S 1,,,50.09 1 DOLLARS j receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth. Licensor hereby grants a license any permission to Licensee to construct, trconstruct, use, maintain, operate, repair and install by boring- method. one pipe lines(s) encased in a carrier pipe not exceeding eighteen 1 18 inches in diameter, to be used for storm sewer, manhole and headwall across or along Licensors property at or near, Denton +n the Count% of Denton and State Texas of_ For convenience. the said pipe line is hereinafter referred to as 'Crossing". The location of said Crossing is more particularly described as follows: All as shown on print of Licensor's Drawing No. A-31,0629 Engineering Department, Denison, 'i+.xas, dated April 2, 1985, marked Exhibit "A", attached hereto and made a part hereof. f ARTICLE 11, Licensee undertakes and agrees: l! I. Specifications: To install said Crossing according to the specifications of the American Railway Engineering Association Part S, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee, and in a manner and with material satisfactory to Licensor's Chief Eneineer, with its top at least five and one-half (5;j j feet beneath the base of the rail under the track, and at least five and one-half(5-1/2) feat below the surface of the ground elsewhere, so it will not interfere with the safe operation of said railroad or cause damage to Licensor's property. Said pipe line shall be encased in a larger pipe where it passes under any railroad track, and for at least twenty-five (251) feet on each side of the center line of any such track. t 2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying I`r affected hereby pursuant lo a lease or other permission granted by Licensor, so that Licensee's said Crosing will not unreasoably interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises. 3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever such damage shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise, t, Licensee assumes the risk of, and shallprotecl, indemnify and hold harmless Licensor from and against all liability rotor on account of injury to or death of any and all persons or damage toproperiy, including livestock killed orinjured, resulting from or incident to the construction, maintenance, use, operation, relocation, reconstruction orexistence of said Crossing on Licensor's f premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or other condition as herein provided, whether such injury, death or damage shall be caused or contributed to by the negligence of Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others ` legally using its right of way, from all claims, demands, suits or actionsgrowing out of any such loss, injury or demands, including I investigation costs, court costs, and attorneys' fees resulting or in any manner arising from the risks herein assumed by Licensee. Licensee further agrees to immediately investigate any such claims, demands, or suits and shall defend, settle, and lor otherwise dispose of the same at its sole cost and expense. In the event Licensee settles any such claims, demands, or suits, it shall obtain a f release which igcludes Licensor. Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may suffer or sustain because of any failure of Licen-or's title to the right of way and lands occupied by said Crossing or any part thereof. 4. W&I%tr: To waive all right to question the validity of this License or any of the terms or provisions hereof, or the right or power of Licensor to execute and enforce the same, i r ARTICLE 111. It is mutually agreed by and between the parties, as follows: I.(a1 Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe ind secure manner, and in a condition :isfactoryto Licc nso r.Licensorma yrequestLicensee tochangethe lo:ation of the Crossing,oranypa rtthe reof,orto make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use or operation of Licensors railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on Lice nsor's right of way, a nd in the event it is found necessary for Licensor to use its entire right of way, or any portion of it occupied by the Crossing. Licensee shall at its sole expense, and within thirty(30) days 0•:rnotice sotodo,(orupon shorter notice in case of emergenc) remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by Licensor. (b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, orchange of location to be made, or repairs to be made, or Crossing to be removed from Licensor's property, Licensor acting as the agent of Licensee, and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the whole cost thereof, plus ten ( [Wc) per cent thereon as a charge for supervision, accounting, and use of tools: or Licensor may terminate this License by giving to Licensee not less than ten (10) days' advance written notice of its intention so to do. 2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement shall be made for Licensee's expenses incurred i.i the removal of this crossing or the consideration paid for this License. No termination orexpiration shall affect the rightsi nd liabilities, if any, of the partieshereto then existing, 3. Restoration: Unon the termination of this agreement, whether in accordance with the provisions of Paragraph I of Article I. or Paragraph 2 or, of Article 111, or otherwise, Licensee shall promptly remove said Crossing from Licensor's right of way, and restore said right of w ay to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge the expense therefor to the Licensee on the basis provided in Paragraph 1(b) of Article 111. -2- 4. Miscellaneous: (a) This License and all of the provisions herein contained shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any name changes. Licensee agrees not to assign this License or any interes! +herein, without the consent of Licensor in writing, and any and every such attempted assignment without such prior written cvaient shall be void and of no effect. In the event of any assignment, Licensee shall at all times remain fully responsible t,nd Iia'+le for the payment of there ntal, if any, herein specified and for the compliance of all of its other obligations under the term!, p ,visions, and covenants of this License. (b) In the event rent is paid annually, Licensor expressly reserves the tight to increase the above rental rate on any yearly anniversarydate of this license by giving Licensee thirty! O)days'written notice. Licensor may increase the rental by the percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental increase period, or the last anniversary date hereof. The persor.al pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether t Licensee be a rn aural person, a partnership, or a corporation, or any combination thereof. C (d) Any notice herein requ'red to be given by Licensor to Licensee shall be deemed property given if served upon or delivered to Licensee or his authorized agent, or if potted on or if mailed, postpaid, addressed to Licensee at his last known place of business. 1. (e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, norshall any alteration, amendment, supplemenr, or waiver of any of the provisions of this licensebe binding uponeither party hereto unless the same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee. (0 This License does not become binding upon Licensor until executed by Licensor's vice-president. IN WITNESS WHEREOF, the parties hereto have executed this agreementasof thedayandyearfirstabovewritten. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY By Vice-Presidew i C ' CITY OF DOTON, TEXAS i ` i { l By Title Mayor Address: 215 E, McKinney St. Denton, Texas 76201 File: T-18753-B .3- ' / Q.y h r7l5A CS4?~4%K r C P f 5 ~~Z" ~~/~~/ke-ten rosw W0000, 6b. 5 City ors' ~n~bn a? fell', t t~ t ~ ~ ~°a~'r~ End✓rx~r~p G~.~` rXe~a t 6 311SS0U1T•1{ANSAS-'I'r•.xne RATLTTOAD COMPANY C REAL ESTATE AND INDUSTRIAL DEVELOPMENT DEPART61ENT r 701 COMMERCE STREET DALLAS, TEXAS 75202 ' (211} 6516751 April 3, 1985 Files 1-18753-B Mr. Jerry Clark I 1 ` City of Denton, Texas 215 E. McKinney St. Denton, Texas 75201 Re: Pipe Line License covering one 18-inch storm sewer pipe line, manhole and headwall at Mile Pont K-722.12 in Denton Dear Mr. Clark: A Pipe Line License has been prepared in reply to your request to cross our property at the above-referenced location. 1 In order to complete this License, we need the following: 1. All three (3) copies of the License, signed by the Mayor or other authorized city official. i 2. A copy of a Resolution from the city council authorizing the Mayor, or other ' official, to execute the License For the city. 3. Remittance in the anount of the enclosed billing. Also, be sure to forward the enclosed Contractor's reement and instructions to the contractor who will be doing the actual ~installation work. The Contractor's Agreement is a ~separa~te contract betv.een the Railroad and the contractor, and it must also be comp-Teedbefore work can proceed an Railroad property. As soon as the signed Pipe Line license copies and your remittance are received, the License will be reviewed by the various railroad departments. Upon signa- ture by our vice-president, one fully-executed License copy will be returned to you. Your careful attention to the above details will help avoid any time-consuming delays in commencing the installation of the pipe line on railroad property. Sincerely Jdh Seidner Right of Way Contracts Manager 214/651-6763 JS/ba "R 8 S98S Enclosures plc LEGAL DEPARTMENT MEMORANDUM D Debra Adami Drayovitch, City Attorney Joe D. Morris, Assistant City Attorney Robert B. Hunter, Assistant City Attorney DATE: April 29, 1985 TO : Honorable Mayor & Members of the City Council FROM: Debra A. Drayovitch, City Attorney SUBJECT: Senate Bill 1257 amending the Code of Criminal Procedure f Recently, Senate Bill 1257, amending Sections 15.06 and 15.07 of the Texas Code of Criminal Procedure, wits introduced in the Senate. The purpose of this Bill is to allow state wide execution, by Texas peace officers, of warrants issued by P municipal judges. The purpose of this legislation is to clarify ambiguities in the existing law which provide that arrest warrants issued by any magistrate, except mayors or recorders of any city, I` extend to every part of the State. At present, the law requires that if a warrant issued by a mayor or recorder is to be served out of county, it must first be endorsed by a Judge of a Court of Record. The situation arose inadvertently in 1977 when the Legislature amended the Code to provide that a recorder shall be construed to bo a judge of the Municipal Court. The difficulty with the existing law is that if an arrest is made outside the county where the warrant was issued, and the warrant has not been endorsed by a Judge of a Court of Record, the arrest could be construed to be invalid. The Denton Municipal Judges and the majority of municipal judges in the state are not judges of a court of record. Quite often, our police officers arrest on the basis of outstanding warrants in Dallas County or other Texas counties, and such arrests could lead to a potential liability situation and/or a dismissal of the criminal charges. Several attorneys have already filed claims against the cities of Irving and Dallas. Specifically, William E. Trantham has filed a claim against the City of Irving in the amount of $10,000 for his client who was arrested through the execution of one of these warrants that resulted in his lient's false arrest and imprisonment. The proposed Senate Bill would cure the issues raised by Trantham by deleting the term "recorder" from the exception listed in the Code of Criminal Procedure. I' I II Honorable Me,yor & Members of the City Council April 29, 1985 Page Two Attached for your review is a copy of Senate Bill 1257. My conversations with other City Attorneys, as well as Judge Watt and Assistant Judge Whitten, leave me to strongly recommend that the Council adopt the attached Resolution. The City Attorney and the Municipal Judge of Irving have worked with Senator Bob McFarland of Arlington to support the passage of this amendment. Also attached is a resolution expressing your support of this Bill. I would respectfully recommend that you adopt same. Should you have any questions relative to this matter, please do not hesitate to contact me. {a DEBRA A. DRAYOVUNK DAD: js xc: Chris Hartung Judge Watt Assistant Judge Whitten Police Chief Hugh Lynch z i f~F I R E S 0 L U 'f I O N WHEREAS, Senator Bob McFarland has introduced Senate Bill 1257 in the Texas Senate relating to the amendment of Sections 15.06 and ' 15.07 of the Texas Code of Criminal Procedure (C.C.P.); and WHEREAS, the exact meaning of Sections 15.0E and 15.07 C.C.P. I~ is presently somewhat confusing by reason of the definition of the term "recorder" in Article 1L96 of Vernon's Annotated Texas Statutes (V.A.T.S.); and 1 WHEREAS, the possible conflict between Sections 15.06 and 15.07 t i C.C.P. e-.s Article 1196 V.A.T.S. raises questions as to whether 'f warrants issued by municipal court judges can be executed by peaca officers statewide; and WHEREAS, if warrants executed by peace officers statewide are defective, crimes committed by individuals chile being arrested under such warrants may not be subject to prosecution; and I WHEREAS, the amendment of Sections 15.06 and 15.07 C.C.P. ` proposed by Senator McFarland, if passed by the Texas Legislature, will resolve any possible conflict that exists between such sections and Article 1196 V.A.T.S.; and WHEREAS, the adoption of Senate Bill 1257 by the Texas Legislature will conclusively show that it is the law of the State of Texas that warrants issued by municipal judges can be executed by peace officers statewide; and WHEREAS, the adoption of Senate Bill 1257 is supported by our Municipal Judge, the Alternate Municipal Judge and the City Attorney's Office; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THL ;ITY OF DENTON, TEJiAS, THAT: SECTION I. The City Council recommends the adoption of Senate Bill 1257 in the form as the same was introduced in the Texas Senate by Senator Bob McFarland. PACE 1 It 19 SECTION II. A copy of this resolution be furnished by the City Secretary to r Governor Nark White, Lt. Governor Bill Hobby, Speaker of the House Gib Lewis, Criminal Justice Committee Chairman Kent Caperton, said Committee's Vice Chairman Bob McFarland, said Committee's Members Senator Ray Farabee, Senator Bob Glasgow, Senator Ted Lyon, Senator H. Tati Santiesteban, Senator Craig Washington and to State Representative Jim Horn and State Representative Ben Campbell. SECTION 111, This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _r, 1985. 1 i RICWD 0. r f S YOR CITY OF DENTON, TEXAS i ATTEST: f CITY OF DENTON,,TE" S ECRETARY APPROVED AS TO LEGAL FORM: 1 OPU CITY OF DENTON, TEXAS PACE 2 l By S. No A BILL TO BE ENTITLED 1 AN ACT 2 relating to the authority of a municipal court judge to issue an 3 arrest warrant for a person in another county. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTION 1. Article 15.06, Code of Criminal Procedure, 1965, i 6 is amended to re Ad as follows: 7 Art. 15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE. A a warrant of arrest, issued by any county or district clerk, er by i i 9 any magistrate (except mayors der--reeerderml of an incorporated r 10 city or town), shall extend to any part of the State; and any peace 11 officer to whom said warrant is directed, or into whose hands the E 22 same has been transferred, :.all be authorized to execute the same 13 in any county in this State. 14 SECTION 2. Article 15.07, Code of Criminal Procedure, 1965, is is amended to read as followsr 16 Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE. When a i7 warrant of arrest is issued by any mayor let-reeerder) of an 1B incorporated city or town, it cannot be executed in another county i? than the one in which it issues, except: '0 1. It be endorsed by a judge of a court of record, in which 21 case it may be executed anywhere in the State; or 22 2. If it be endorsed by any magistrate in the county in 23 which the accused is found, it may be executed in such county. The 24 endorsement may be: "Let this warren: be executed in the county of 6984950 GWK-D 1 I Or, if the endorsement is made by a judge of a court 2 of record, then the endorsement may bei %et- this warrant be • 3 executed in any county of the State of Texas". Any other words c: 4 the same meaning will be sufficient. The endorsement shall be 5 dated, and signed officially by the magistrate making it. 6 SECTION 3. The importance of this legislation and the 7 crowded condition of the calendars in both houses create an 9 emergency and an imperative public necessity that the r 1 9 constitutional rule requiring bills to be read on three several j 10 days in each house be suspended, and this rule is hereby suspended, 11 and that this Act take effect and be in force from and after its 12 passage, and it is so enacted. G i V 69R4950 GNK-0 2 i Johnstor•i, 'Larson & Trantham ORNEYS AND COUNSELORS Elmbrook Gorden Offke Bultdlno t2t34 Elrnbrook Drive. Sutte 443 James A. 3ohnslon Dallas, Texas 75247 Douglas P Larson 214/631.2933 Bill Tronthom Ruth A Azen September 17, 1984 City Secretary City of Irving Irving, Texas Re: Deborah Underwood Dear Sirs: Hy client was arrested August 26, 1984 in the City of Southlake, Tarrant County. Texas as a result of your warrant 1 344359-1-4 FTA. I Such warrants were uncertified by a court of record pursuant to 15.U7 of the Code of Criminal Procedure. As a result to such illegal arrest my client has suffered damages for ~ r c false arrest, imprisonment, pain and suffering in the sum of $16,000.0^. Please send your check to the undersigned. Respectfull illiam E. Trentham Attorney at Law SEp 19 1994 Of f lCf Of Cgj SECRET pRY k A -at owed 1086E D. i R E S 0 L U T 1 0 N WHEREAS, Article 2.0116.(a) of the Texas Election Code provides that, subject to r,rtain limitations, every general (regular) or special election held by the state or by any city of the state must be held on one of the following dates: the third Saturday in January, the first Saturday in April, the second Saturday in August, or the first Tuesday after the first Monday in November; and WHEREAS, Section 3.01 of Article III of the Charter of the City of Denton provides that thn regular election for the choice of members of the City Council shall be held on the first Saturday in April; and WHEREAT, often times, the first Saturday in April immediately precedes Easter Sunday, thereLv conflicting with Easter weekend and reiigious and holiday plans and infringing upon the ability of the electorate to cast their votes; and WHEREAS, the City Council of the City of Denton, Texas would urgg. and recommend the introduction of legislation to amend Article 2.0Ic of the Texas Election Code to provide that when the first Saturday in April falls on Easter weekend, the election shall be held on the second Saturday in April; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council recommends the introduction of legislation to amend Article 2.Olb of the Texas Election Code to provida that where the first Saturday in April falls on Easter weekend, the cities shall conduct the election on the second Saturday in April. SECTION II. t That a copy of this resolution be furnished by the City Secretary to Governor Mark White, Lieutenant Governor Bill Hobby, Secretary of State Myra A. McDaniel, Speaker of the House Gib Lewis, Senator Bob Glasgow, Senator Ray Farabee, Senator Bob McFarland, State Representative Jim Horn, State Representative Ben Campbell, Dick Willis, Director of the Texas Municipal League, and the House of Representative Election Committee: Representative Clint Hackney, Chairperson; Representative Chip Staniswalis, Vice-Chairperson; Senfronia Thompson, Chairperson for Budget and Oversight; and Committee Members Representative Jim Horn, Representative Sam Russell, Representative Steven Carriker, Representative Nolan J. Robnett, Representative Bill Carter, and Representative Pete Laney. r SECTION III. That this resolution shall take effective immediately upon its passage and approval. RICHARD 0, STEWART, 14AYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLENg CITY SECRETRY CITY OF DEbTGN, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, T XAS BY:i E r R E S O L U T I O N WHEREAS, more than 14 million people in Ethiopia and the rest f of the African famine belt live on the brink of starvation; and ' WHEREAS, the survival of millions of children acid their parents depends on imaed'.ate food aid to these drought-stricken areas; and I WHEREAS, Texas is a land of agricultural bounty and warm generosity whose very name was derived from an Indian word, Tejas, • meaning friendship; and I WHEREAS, surplus grain and powdered milk are stored in elevators and warehouses all over Texas and can be purchased for approximately $3.50 a bushel; e,+d WHEREAS, Texas farm and ranch organizations, in cooperation with the Texas Department of Agricultural and Save the Children Federation, are asking the people of Texas to contribute toward ! purchases of Texas grain and powdered milk to alleviate the j suffering of Africa's starving millions; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: SECTION I. The month of May, 1985, shall be "Project Tejas Month" in the City of Denton, Texas, and the Council does hereby urge all + citizens to contribute $35.00 each, the equivalent of 10 bushels of grain, or whatever they can afford and send to: PROJECT TEXAS, Texas Department of Agriculture, P. 0. Box 12009, Austin, Texas 78711. PASSED AND APPROVED this the 23rd day of April, 1985. CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 0KA i Vr r ATTORNEY CITY OF DEN1ON, TEXA A ay 14, 1985 CITY COUNCIL AGENDA ITEA TO: AAYOR & ;4E4BSRS OF THE CITY COU14CIL FROA G. Chris Hartung, City 4anager i SUBJECT Consider Capital Improvements Plan Project (CIF) #85-WW-6 Hobson Lift Station- Change Order #1, Bid #9351. RECOAAENDATION • The Public Utilities Board at their meeting of April 24, 1985, recommended to the Council that this change order #1 be approved for a time extension only- no cost to the City. ! SUAA ARY Freese & Nichols, Inc., the Consulting Engineers, have submitted a change order requesting the followings I To relocate the Hoba~in Lane Lift Station to the north an wart on the existing plot to ease out unforeseen construction problem. i BACKGROUND The bid for this project was opened December 11, 1984, and the Public Utilities Board and the City Council approved I the award of the contract to the lowest bidder, Weitzel ` Construction Co., Inc. C The construction began January 1985. During excavation, it was found that an existing 8" sanitary sewer was interferr,ng with tho proposed foundation, hence the request for this change order to relocate the lift station eithin the existing lot. PROGRAKS,_DEPAftrA ENT 04 GROhPS AFFECTED City of Denton, Denton Aunicipal Utilitiea, Freese & Nichols, Inc., the Contractor. 3639Us1O FISCAL LAPACT Original contract amount $218,500 Change Order #1 increase/decrea:ae $0 Revised contract amount $218,500 Net increase in contract time of completion 30 days Revised contract time of July 15, 1985 completion Prepared by: Bespeotfully Submitted, Srini undaramoorthy r ar ung Civil Engineer Water/Wastewater Department City Manager Approved: R. E. Nelson, P.E. Director of Utilities i EXHIBIT: I Change Order 8 location map from Freese 8 Nichols, Inc. II Change Order Approved by FBN, Inc., and the Contractor III Ainutes PUB Aeeting of .x/1185 3b39U:11 f r 1 i SIMON W FRCCSC RC JAMES R NICHOLS ►E ROBERT L NICHOLS ►C Ltd B FRCCSE ►E p s ~i p ROBERT B 6000H A[ f B 5 8 i ` .1 D ► F l r ~j Y s, F I C JOE PAUL JONES R C ROBERT A THOw►~ON III ►E JOHN N COOK ► L [F C O N S U L T I N G E N G I N E E R S T ANTHONY Ruo ► E C JOE B MACS R W ERNEST CLEMENT ►C ELVIN C COFtLANtl ►C GARY N PELVES ►E March 25, 1985 Mr. C. David Ham, P.E. Assistant Director of Utilities City of Denton Municipal Building Denton, Texas 76201 Re: lobson Lane Lift Station Contras,-t No. 9351 Change Order No. 1 Dear Dave: I have attached a copy of the proposed Change Order No. 1 for relocating the Hobson Lane Lift Station to the north and west on the existing plot. This change order is being transmitted to the Contractor for his review and comment. It is my understanding from previous discussions with Tom Weitzul that the change order will be done with no change in contract price. We would like to point out that in order to relocate the proposed lift station as shown on the attached change order drawing: 1. The footing line of the proposed lift station will be outside the existing fence and the walls of the structure will abutt the fence. 2. The construction of a second discharge line from the pump station can be accomplished within the 8-foot spacing between the fence and the face of the structure, however, the 18-inch DI stubout for a future connection will need to be relocated to the west of the proposed structure. 3. The relocated lift station has less room to maneuver maintenance vehicles than the previous location, however, we do not feel that mobility for normal width vehicle, will be overly difficult. 4. A new location will have to be determined for the service pole which feeds power into the lift station site. It is suggested that the proposed lift station layout be reviewed with Mr. Tulles so that he may select the location which will best accommodate incoming power lines to the lift station. 6 II L A M A R S T R C C T F 0 A T W O A T N, r E E A i 7 6 1 0 2 7 E L C► N 0 N C 0 1 7 3 3 6 • 2 1 6 1 14 C T R 0 8 1 7 4 2 9 1 9 0 0 Letter to C. David Ham March 25, 1985 Page 2 Please let me know if this change order meets .pith your app oval so that we may proceed with the processing of the change order. If you have any questions or ,eed any other information, please give me a call. Very truly yours, FREESE AND NICHOLS, INC. Coy M. V ir'h, P.E. CMV: jd Enclosure xc: Weitzul Construction, Inc. j i it J I r' Edge of Pavement _ r Exist_,/i_Force in I - - i }Iax>19 i SidewolK r l I - - - - - - - - - - - - iasLlIn - - ` Yocabol iJ r (suCo. 1 Proposed / ` 4~ SL.w~ I Llet Station / (r E ! S v ou e (-4 1 I Wall •Po0tIns ~ I a/atlny I jo)" y over flow # I DM 64Oro9 CHAA/GE ORCeie #i MARCH 20 1965 CHANGE OR EXTRA WORK ORDER i PROJECT: Hobson Lane Lift Station CONTRACT: #9351 OWNER: City of Denton, Texas CONTRACTOR: Weitzul Construction Inc. CHANGE ORDER NO. 1 DATE: March 22, 1985 CHANGE OR EXTRA WORK TO 0E PERFORMED Relocate lift station to North and West as shown on the attached drawing, including changes in length and direction of piping enter- ing and leaving the lift station, revised locations of Manhole No. 2, and gravel road surfaces. : i . ~ I Previous contracr amount $218,500.00 Not(increase)(decrease)in contr;,cl amount 0.00 Revised contract amount $2189500.00 Not(increase)IJA&VIR"in contract time of completion 30 Days RMvised contract time of completion July 1985 Recommended by Approved by OWNER FREESE AND NICHOLS / By _lf By f~ DldAbvfkn: j Approved by CONTRACTOR t-Omer I co"Ireclor I - F. L K Moo I-ter. EM. BxJdt. IGA'orce Main - - - ~+r,• ' SldewalK Raltt~.~ G,i Lea r Ex~ IS tin~ rd$ M r,--------~ + ?4100.o1o Gas Co I Propposed 9t l~ew) I L /ft ✓R'ta t%On u ou a J Wa I/ roo t7,,- I s!s t1~9 I 9C a t/OR ~ ~/ft st~tl L---ci - P/uy JO' Ovdrf/ow M N _ DM 84069 CHANGE ORak 1d4RCH 2O0, 1945 i Public Utilities Board Minutes May 1, 1985 Page Ham briefed the BoaA on this item. He indicated that we would gain from building the line with the bid from the DFW Utility Company for $69490.00. The bid is $3,OOD above the projected cost, however. ' Coomes expressed concern if we could afford to proceed with the project estimated $3,000 over the projected cost. Ham affirmed that we could. Herring made a motion to accept the bid and send the item to the City Council for approval. Second by Coomes. Motion carried. 4. CONSIDER ENGINEERING CONTRACT WITH FREESE AND NICHOLS WATER CAPABILIT Y-CAPITAL IMPROVEMENT PLAN 8S-WP-7 Nelson reconfirmed the concern that there is only one pump source of backwash water presently in the Water Treatment Plant to flush filters. If this pump fails, the plant would have to shut down until replacement or repairs are completed. The problem can be corrected by doing a piping modificatit estimated at $6,000. Coomes made a motion to recommend to the City Council Freese and Nichols complete the project with the stipulation that the project could not exceed $6,000 and 60 days to complete. Second by Boyd. Motion carried. i S. CONSIDER CAPITAL IMPROVEMENT PLAN PROJECT (CIP) 85-WW-6 Ham briefed the Board on this item. He indicated that ark existing 8" sanitary sewer was found during construction of the lift station interferring with the proposed foundation. It is, therefore, necessary to relocate the lift station to the north and west on the existing plot to ease out unforeseen construction problems. Thi-k is a no cost change order. Coomes made a motion to accept the Hobson Lift Station Change Order and recommend to the City Council approval of the proposal. Second by Herring. Motion carried, 6. DISCUSS PRELIMINARY 1985-86 UTILITY DEPARTMENT OPERATING BUDGET$ - J Nelson recommended we place this item of the agenda on ' hold. i I r