HomeMy WebLinkAbout02-05-1985
COUNCIL
AGENDA Da- 05- 85
AGENDA
J CITY OF DENTON CITY COUNCIL
February 5, 1985
Work Session of the City of Denton City Council on Tuesday,
February 5, 1985, at 5:30 p.m. In the Civil Defense Room of the
Municipal Building at which the following items will be
considered:
5:30 p.m.
1. Receive a report on the public address system in the
City Council Chambers.
2. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A,T.S.
B. Meal Estate Under Sec, 2(f), Art. 6252-17
V.A.T.S,
C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.
D. Board Appointments Under Sec. 2(g), Art
b[5t-17 V.A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday,
February 5, 1965, at 7:00 p.m. ire the Council Chambers of tLe
,,Municipal Building at which the following items will be
considered:
7:U0 p.m.
1. Consider approval of the Minutes of the Regular
rieeting of January 8, 1985.
1. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
recommendations.
A, kids 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 attached to the ordinances (Agenda items
4,A, 4.8, 4,C). This listing is provided on the Consent Agenda
to allow Council Members to discuss any item prior to approval
of the ordinance,
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City of Denton City Council Agenda
a February 5, 1985
Page Two
1. bid # 9329A - Janitorial services
2. did # 9382 - Truck/cab chassis - dump
bodies
3. did # 9387 - Loader backhoe
4. Bid # 9388 - Landfill compactor
5. Bid s 9392 - 'T'rack type front-end loader
6. did # 9395 - Miscellaneous pool equipment
7. did # 9396 - Turf fertilizer
B. Bid 1 9397 - Evaluation of alarm system
9. Bid # 9398 - 30 yard containers
10. Bid # 9401 - PVC conduit
11. bid # 9399 - Paving improvements - Prairie
and Robertson Street
12. Purchase order # 66842 to Boyd Excavation in
the amount of $7,020.00
13. Purchase Order # 66583 to Boyd Excavation in
the amount of $7,020.00
d. Plats and Replats:
11 Consider approval of final replat of Cooper
Crossing, Section 1. (The Planning and
Zoning commission recommends approval.)
2. Consider approval of preliminary and final
replat of Golden Triangle Industrial Park,
Phase V. (The Planning and Zoning
Commission recommends approval.)
b3. Consider approval of final replat of the
Haywood Addition, Block 1, Lot 1. (The
Planning and Zoning Commission recommends
approval.)
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17,77
City of Uenton City Council.Agenda
February 5, 1985
Page Three
4. Consider approval of preliminary replat of
the Owsley Park Addition, Block 2, Lot 12A.
(The Planning and Zoning Commission
recommends approval.)
5. Consider approval of preliminary plat of the
Extension to the Sauis Addition, Block 1,
Lots 8 and 9. (The Planning and Zoning
Commission recommends approval.)
6. Consider approval of preliminary plat of the
Stauver Addition, Block 1. (The Planning
and Zoning Commission recommends approval.)
7. Approval of preliminary replat of the
Tnompson Addition, Phase J, Lot 1. (The
Planningg and Zoning Commission recommends
approval.)
8. Approval of preliminary plat of the Woodhill
Square Retail Center. (The Planning and
Zoning Commission recommends approval.)
9. Approval of final replat of Independence
Square, Lot 1-K, Block A. (The Planning and
Zoning Commission recommends approval.)
C. Tax Refund:
1. Consider approval of a tax refund to Nowlin
Mortgage in the amount of $678.31.
3. Public Hearings:
A. H-34. This is the petition of Mrs. Robert S.
Yerg requesting historic landmark (H) designation
at 104 North Locust Street. The property is more
particularly described as part of lot 5, block 7,
of the Original Town Addition. (The Planning and
Zoning Commission recommends approval.)
B. 6,Z-1716, This is the petition of Malvin Gouge
(r"re~tor), representing Lela Sparkman (owner),
requesting a change in the current zoning
classification from agricultural (A) to office
(U) on a tract of 2.5 acres situated south of and
abucting U. S. Highway 3801 east of Egan Road,
and being the most southern portion in the
southwest corner of the Thomas Egan Survey,
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City of Denton City Council Agenda
February 5, 1985
Page Four
Abstract #406. If approved, the said tract of
land may be used for any of the purposes
permitted in t.ie zoning ordinance of the City of
Denton.
1. Consider adoption of an ordinance changing
the current zoning classification from
agricultural (A) to office (0) on a tract of
2.5 acres situated south of and abutting U.
S. Highw9y 380 and east of Egan Road. (The
Planning and Zoning Commission recommends
approval.)
C. Z-1717. This is the petition of Burt Singleton
requesting a change in zoning from the
agricultural (A) classification to the planned
development (PD) district for light industrial
(L1) uses on an approximately 94.3 acre tract in
the Gideon Walker Survtjy, Abstract 1330. The
property is located on the east side of Mayhill
Road approximately 1600 feet south of FM 426
(East McKinney Street) and is more particularly
described as Tracts IF, 1F1, 1C, lA and lE of the
Gideon Walker Survey, Abstract 1330. (The
Planning and Zoning Commission recommends
approval.)
D. G-1720. This is the petition of R. J. Button
requesting a change in zoning from the
agricultural (A) district with a specific use
permit for a mobile home park to the general
retail (Gil) zoning district on a 2.9 acre tract
situated in the Stephen Hembrie Survey, Abstract
643. 'The property is located at the northeast
corner of Robinson Road and FM 2181 (Teasley
Lane). (The Planning and Zoning Commission
recommends approval.)
E. Z-17210 't'his is the petition of Alpha Joint
e17 n'fures requesting a change in zoning from the
single family (SF-7) district to the planned
development (PD) classification on a 4.4 acre
tract situated in the Alexander Hill Survey,
Abstract 623. The property is located at 1213
Bernard Street. if approved, the planned
development will permit the construction of
fifty-four (54) townhome units. (The Planning
and Zoning Commission recommends approval.)
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City of Denton City Council Agenda
February 5, 1985
Page Five
4. Ordinances:
A, Consider adoption of an ordinance accepting
competitive bads and providing for the award of
contracts for the purchase of materials,
equipment, supplies or servicea providing for
the expenditure of funds therefore; and providing
for an effective date.
6. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements;
providin for the expenditure of funds therefore;
and providing for an effective date.
C. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids; and providing for an effective
date.
u. Consider adoption of an ordinance approving a
change in zoning from agricultural (A) to light
industrial (LI) on a tract of 1.530 acres
situated south of U. S. Highway 380 and
commencing ap roximately 1,140 feet east of Masch
Branch Road FL-1713).
E. Consider adoption of an ordinance approving a
change in zoning from agricultural (A) to light
industrial (LI) on a tract of 4.960 acres
situated south of U. S. Highway 380 and
commencing approximately 420 feet east of Masch
Branch Road (L-1714).
F. Consider adoption of an ordinance to reconsider a
proposed 12 inch oversize waterline and water pro
rata agreement with Allan Estates Mobile Home
r Park on South Mayhill Road near I-35E. (The
Public Utilities Board recommends approval.)
5. Resolutions:
A. Consider approval of a ~.ssolution supporting a
grant application with the State of Texas for
funds from the Land and Water Conservation Fund
and/or the Texas Local Park Fund, (The Parks and
Recreation Board'tecommends approval.)
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City of Denton City Council Agenda
February 5, 1985
Page Six
B. Consider approval of a resolution for approval of
sewer pipeline boring license for John Pass
Investments sewer line from Missouri -Kansas -Texas
Railroad Company. (The Public Utilities Board
recommends approval.)
C. Consider approval of a resolution to accept an
el'AA Airport Grant offar. (The Airport Advisory
Board recommends approval.)
6. Consider removing a resolution amending City of Denton
policies and procedures for holidays from the table.
7. Consider approval of a resolution amending City of
Denton policies and procedures for holidays.
8• Consider approval of appointment of City Attorney.
9. Ufficial Action on Executive Session Items:
A. Legal Matters
S. Real Estate
C. Personnel
D. Board Appointments
10. 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 tRat the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the -t day of 1985 ati o'clock
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16430
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AGE44DA
CITY OF DENTON CITY COUNCIL
February 5, 1985
Work Session of the City of Denton City Council on Tuesday,
February 5, 1985, at 5:30 p.m. in the Civil Defense Room of the ,
Municipal building at which the following items will be
considered:
5:30 p.m.
1. Receive a report on the public address sy6tem in the
City Council Chambers.
2. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.
D. Board Appointments Under Sec. 2(g), Art
6[52-17 V.A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday,
February 5, 1985, at 7:00 p.m. in the Council Cnambers of the
Municipal Building at which the following items will be
considered:
7:00 p.m.
1. Consider appcuval of the Minutes of the Regular
Meeting of January 8, 1985.
2. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
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 attached to the ordinances (Agenda items
4.A, 4.8, 4.C). This listing is provided on the Consent Agenda
to allow Council Memberz to discuss any item prior to approval
of the ordinance,
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City of Denton City Council Agenda
February 5, 1985
Page Two
1. Bid 19329A - Janitorial services
2. Bid # 9382 - Truck/cab chassis - dump
bodies
3. did i 9387 - Loader backhoe
4. Bid 9388 - Landfill compactor
5. Bid 9392 - Track type front-end loader
6. did # 9395 - Miscellaneous pool equipment
7. Bid 9396 - Turf fertilizer
8. Bid 9397 - Evaluation of alarm system
9. Bid # 9398 - 30 yard containers
10. Bid 9401 - PVC conduit
11. Bid 9399 - Paving improvements - Prairie
and Robertson Street
12. Purchase Order # 66842 to Boyd Excavation in
the amount of $7,020.00
13. Purchase Urder i 66583 to Boyd Excavation in
the amount of $7,020.00
d. Plats and Replats:
1. Consider approval of final replat of Cooper
Crossing, Section 1. (The Planning and
Zoning commission recommends approval.)
2. Consider approval of preliminary and final
replat of Golden Triangle Industrial Park,
Phase V. (The Planning and Zoning
Commission recommends approval.)
3. Consider approval of final replat of the
Haywood Addition, Block 1, Lot 1. (The
Planning and Zoning Commission recommends
approval.)
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City of Denton City Council Agenda
February 5, 1985
Page Three
4. Consider approval of preliminary replat of
the Owsley Park Addition, Block 2, Lot 12A.
(The Planning and Zoning Commission
recommends approval.)
5. Consider approval of preliminary plat of the
Extension to the Sauls Addition, Block 1,
Lots 8 and 9. (The Flanning and Zoning
Commission recommends approval.)
6. Consider approval of preliminary plat of the
Stauver Addition, Block 1. (The Planning
and Zoning Commission recommends approval.)
7. Approval of preliminary replat of the
Tnompson Addition, Phase I, Lot 1. (The
Planning and Zoning Commission recommends
approval.)
8. Approval of ppreliminary plat of the Woodhill
Square Retail Center. (The Planning and
Zoning Commission recommends approval.)
9. Approval of final replat ox independence
Square, Lot 1-K, Block A. (The Planning and
Zoning Commission recommends approval.)
C. Tax Refund:
1. Consider approval of a tax refund to Nowlin
Mortgage in the amount of $678.31.
3. Public Hear{ngs:
A. H-34. This is the petition of Mrs. Robert S.
Berg requesting historic landmark (H) designation
at 104 North Locust Street. The property is more
particularly described as part of lot 5, block 7,
of the Original Town Addition. (The Planning and
Zoning Commission recommends approval.)
B. L-17160 This is the petition of Melvin Gouge
(realtor), representing Lela Sparkman (owners,
requesting a change in the current zoning
classification from agricultural (A) to office
(U) on a tract of 2.5 acres situated south of and
abu4ting U. S. Highway 380, east of Egan Road,
and being the most southern portion in the
southwest corner of the Thomas Egan Survey,
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City of Denton City Council Agenda
February 5, 1985
Page Four
Abstract #406. If approved, the said tract of
land may be used for any of the purposes
permitted in the zoning ordinance of the City of
Denton.
1. Consider adoption of an ordinance Changing
the current zoning classification from
agricultural (A) to office (U) on a tract of
2.5 acres situated south of and abutting U.
S. Highway 380 and east of Egan Road. (The
Planning and Zoning Commission recommends
approval.)
C. Z-1711. This is the petition of Burt Singleton
requesting a change in zoning from the
agricultural (A) classification to the planned
development (P))) district for light industrial
the ) Giuses deon nWalker approximately Survey, Abstractcr1330 act The
property is located on the east side of Mayhill
(load approximately 1600 feet south of FM 426
(East McKinney Street) and is more particularly
described as Tracts 1F, 1F1, IC, lA and lE of the
Gideon Walker Survey, Abstract 1330. (The
Planning and Zoning commission recommends
approval.)
U. L-1720. This is the petition of R. J. Button
requesting a change in zoning from the
agricultural (A) district with a specific use
permit for a mobile home park to the general
retail (GK) zoning district on a 2.9 acre tract
situated in the Stephen Hembrie Survey, Abstract
6434 The property is located at t',e northeast
corner of Robinson Koad and FM 2161 (Teasley
Lane). (The Planning and Zoning, Commission
recommends approval.)
E. "Z-1721. This is the petition of Alpha Joint
eP ntuies requesting a change in zoning from the
single family (SF-7) district to the planned
development (PD) classification on s 4.4 acre
tract situated in the Ales.ander Hill Survey,
Abstract 623. The property is located at 1213
Bernard Street. if approved, the planned
development will permit the construction of
fifty-four (54) townhome units. (The Planning
and Zoning Commission recommends approval.)
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City of Denton City Council Agenda
F6broary 5, 1985
Page Five
4. Ordinances:
A. Consider adoption of an ordinance accepting
competitive bads and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services providing for
the expenditure of funds therefore; and providing
for an effective date.
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements;
providin for the expenditure of funds therefore;
and providing for an effective date.
C. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids; and providing for an effective
date.
U. Consider adoption of an ordinance a proving a
change in zoning from agricultural (A~ to light
industrial (Li) on a tract of 1.530 acres
situated south of U. S. Highway 380 and
commencing ap roximately 1,140 feet east of Masch
Branch Road M1713).
E. Consider adoption of an ordinance approving a
change in zoning from agricultural (A) to light
industrial (LI) on a tract of 4.960 acres
situated south of U. S. Highway 380 and
commencing approximately 420 feet east of Masch
Branch Road (L-1714).
F. Consider adoption of an ordinance to reconsider a
proposed 12 inch oversize waterline and water pro
rata agreement with Allan Estates Mobile Home
Park on South Mayhill Road near 1-35E. (The
Public Utilities Board recommends approval.)
5. Resolutions:
A. Consider approval of a resolution supporting a
4rant application with the State of Texas for
tunds from the Land and Water Conservation Fund
and/or the Texas Local Park Fund. (The Parks and
Recreation Board recommends approval.)
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City of Denton City Council Agenda
February 5, 1985
Page Six
B. Consider approval of a resolution for a proval of
sewer pipeline boring license for John Pass
Investments sewer line from Missouri -Kansas -Texas
Railroad Company. (The Public Utilities Board
recommends approval.)
C. Consider approval of a resolution to accept an
FAA Airport Grant offer. (The Airport Advisory
Board recommends approval.)
6. Consider removing a resolution amending City of Denton
policies and procedures for holidays from the table.
7. Consider approval of a resolution amending City of
Denton policies and procedures for holidays.
8. Consider approval of appointment of City Attorney.
94 Ufficial Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
10. New business:
This itew 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 Uenton, Texas,
on them,..=I day of _r 1985 at - 1 o'clock
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1643C
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.4 City Council Minutes
January 8, 1985 T'
The Council convened into the Work Session at 5:30 p.m, in the Civil
Defense Room.
PRESENT: "Mayor Stewart; Mayor Pro Tem Chewt Council Members
Alford, Hopkins, McAdams, Riddlesperger, and Stephens
ABSENT: None
1. The Council convened into the Executive Session to discuss
personnel. No official action was taken.
The council convened into the Regular Meeting at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Stewart; Mayor Pro Tem Chewt Council Members
Alford, Hopkins, McAdams, Riddlesperger, and Stephens
ABSENT: None
1. The Council considered approval of the rinutes of the
Regular Meeting of October 2, 1984; the Regular Melting of October
16, 1984; the Special Called Meeting of October 23, 19841 the
Special Called Meeting of October 30, 19841 the Regular Meeting of
November 6, 19841 the Regular Meeting of November 200 19831 the
Regular Meeting of December 4, 19841 and the Special Called Meeting
of December Il, 1981.
Riddlespecger motion, Hopkins second to approve the Minutes as
presented. Motion carried unanimously.
2. Consent Agenda
McAdams motion, Chew second to approve the Consent Agenda as
presented. Motion carried unanimously.
Consent Agenda:
1. Bid 1 9355 - Raw water pump control valves
2. Bid # 9351 - Hobson lift station
3. Bid # 9383 - Aerial photography maps
4. Bid 1 9375 - Capacitors
5, Sid # 9376 - Transformers
6. Bid # 9318 - Aluminum conductor
a. Plats and Replata:
1. Approval of preliminary plat of the
Burke-Saunders Addition. (The Planning and
Zoning Commission recommends approval.)
2. Approval of preliminary replat of the
Haywood Addition, Block 1, Lot 1. (The
Planning and Zoning Commission recommends
approval.)
3. Approval of preliminary plat of the Teasley
Square Addition. (Tae Planning and Zoning
Commission recommends approval.)
4. Approval of final replat of the Veteran's
Addition, Lots 4A and 43, (The Planning and
zoning Commission recommends approval.)
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city of Denton City Council Minutes
Resting of January So 1985
Page Two
5. Approval of preliminary plat of the Alvin
and Charlotte Whaley Addition. (The
Planning and Zoning Commission recommends
approval.}
3. Public Hearings
A. The Council neld a public hearing on the petition
of Dale Irwin requesting a change in zoning from the single
family (SF-7) classification to the multi-family (MF-1)
district at 601, 6150 701 and 705 Malone Street. The property
is more particularly described as lots 1 and 2, block 2, of the
Wright Addition. 1-1711
Tne Mayor opened the public hearing.
Mr. Dale Irwin, the petitioners spoke in favor stating that he
was one of the property owners and the request involved 4 lots
located on Malone Street. These were large lots and could
accommodate duplexes or apartments or condominimums. Currently
3 of the 4 houses located on the property were rental units
with only i house being owner occupied. These 'houses were
approximately 40 years old and were surrounding by various land
uses including medical facilities, office use and apartments.
This particular portion of Malone Street was residential. The
specific lots to be rezoned were 100 x 200 feet in size which
could be utilized for uses other than single family. Mr. Irwin
stated that not everyone living in apartments in Denton wanted
to live on Teasley Lane. It approvedi this plan would offer an
opportunity to live in the middle of town and close to Flow
Hospital, University Drive, IH-35, and North Texas State
University. Higher use zoning would increase the tax base for
the city. These lots currently had old houses on large lots on
a street which was predominantly apartments and offices. The
petitioners would accept multi-family MP-1) or multi-family
restricted (MP-R) zoning and any consideration which the
Council could give to the request would be appreciated. The
petitioners had owned the lots for many years and wished to
improve the property which they already owned. Staff had
stated that planned development zoning could not be requested
because the total parcel was lose than 3 acres.
Council Member Hopkins asked Mr. Irwin if he intended to build
duplexes.
Irwin responded that he could only speak for himself but that
would be acceptable to him, His first choice would be
multi-family zonings however the MF-R classification would be a
working solution.
Council Member Rildlespergec stated that he was surprized that
Mr. Irwin suggested that this was not a single family area as
it was in every respect.
Mr. Irwin responded that the area was a mixture of office,
duplex and single family land use.
Council Member Riddlesperger stated that he had always regarded
the area as predominantly single family as the nearest
apartments were located on Scripture Street.
Mr. Irwin rey,ied that perhaps a better approach would be to
construct duplexes.
Council Member McAdams asked if there was a way to replat the
lots to allow duplexes,
Mr. Irwin responded that if rezoned to the MF-P classification,
the restrictions would direct that duplexes be built.
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Meeting' oV anuAryy0Co19is Minutes
Page Three
Mr. R. N, Thorton, 701 Malone, spoke in favor of the petition
stating that he owned An older home in this area which he had
purchased fro@@ his parents. As rental property, the house was
not really affordable housing due to the poor insulation which
lead to high utility bills. It was not feasible to spend money
to remodel the house. Mrs. Hall was the only owner who
occupied her home on this blocks the remainder were rental
properties. It seemed the better way would be to put housing
that people could use on these lots.
Mr. Arthur Thompson spoke in opposition stating that traffic
was very congested in this area near North Texas State
university and Plow Hospital. If duplexes were approved, they
would add to the congestion. This petition had been denied by
the Planning and Zoning Commission.
Council Member McAdams stated that the petition had not been
denied by Psi. The motion to approve had failed but no motion
to deny had been made.
Mr. Roy Croftmore spoke in opposition stating that he had
spoken against the petition at the Planning and toning
Commission meeting. He main objection was to the MF-1 zoning
as he hated to see apartments move into a primarily single
family area. If the development were restricted to duplexes he
would not object. His objection would be to apartments,
Ms. Dot Thompson spoke in opposition stating that she owned
property within a block of this petition. There was a
difference in multi-family units and duplexes. It appeared to
her to be spot zoning and there were many apartments in Denton
already, She felt that the supply of apartment housing had
exceeded the demand. A recent article In the Denton Record-
Chronicle reported the number of building permits which had
been issued for single family homes and apartments. Her fear
was that Denton would become an 'apartment city,' She further
stated that She had not been shown the rule which stated that
if a motion to approve a petition failed that a notion to deny
had to be made.
The Mayor closed the public hearing.
The Mayor allowed Mr. Irwin 5 times for rebuttal.
Mr, Irwin stated that economics did not show that anything new
and nice would be detr..mental to rental property which was
adjacent. The MP-P. zoning would restrict the density as far as
tha number of units constructed were concerned.
Mayor Stewart stated that the Council was voting on the MY-1
Petition because that was what was presented on the agenda.
Mayor Stewart then asked Mr. Irwin how long he had owned the
property.
Mr, Irwin responded approximately 9 years.
Council Member Riddlesperger stated that the City Council could
not approve duplex zoning with only a verbal agreement from Mr.
Irwin that the development would in fact contain only duplexus,
Mr. Irwin responded that if granted the MP-1 zoning
classification es stated on the agenda, he would only be
allowed to build 1 duplex on each of the lots.
Council Member Stephens stated that the Council could approve
the Mt-1 zoning with only a verbal agreement with Mr, Irwin
that he would build duplexes. Mr. Irwin could then construct
the duplexast however, a subsequent owner of the property could
demolish the duplexes and build apartment units as the lots
themselves would be properly zoned for apartments,
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d a 7 i. 15 S ~ x v. q c'~ i+r ~ City of Denton City Council Minutes
Meeting of January e, 1985
Page Four
Denise Spivey, Development Review Planner, reported' that 37
reply forms had been mailed with 7 returned in favor and 9
returned in opposition. Staff felt this area was predominantly
single family zoning and basically a single family
neighborhood, The density would not be violated by this
petition but the Denton Development Guide policy on the
preservation of older, low to moderate income neighborhoods was
a concern.
Riddlesperger motion, Chew second to deny the petition.
Mayor Stewart asked Acting City Attorney Joe Morris to rule on
the Planning and Zoning Commission's denial, or lack of denial.
Joe Morris, Acting City Attorney, reported that the Commission
was not required to make any recommendation to the Council.
Council member Stephens asked about the 2-family zoning.
Spivey responded that 2-F was for standard duplexes or 1 unit
per lot. The MP-R classification would permit 4 to 6 duplex
units per lot.
Council Member Stephens asked about replatting the property.
Spivey replied that a surveyor would prepare a drawing of the
duplex configuratLont however, utilizing the back portion of
the properties would be a problem as it would not front on a
dedicated street.
Council Member Stephens asked if the Board of Adjustment could
not rule on this as a request for a variance.
Council Member Rtadlesperger moved the question. Unanimous
from the council to move the question. Motion to deny carried
unanimously.
B. The Council held a public hearing on the petition
of Gunter Knight for Knight and Miller (developers) requesting
a change in the current zoning classification from Agricultural
(A) to Light Industrial (LI) on a tract of 1,530 acres situated
south of U. S. Highway 360 and commencing approximately 1,140
feet east of Masch Branch Road and shown on William Bryan
Survey, Abstract #118, Denton County. Z-1713
The Mayor opened the public hearing.
Mr. Gunter Knight, the petitioner, spoke in favor stating that
no was requesting light industrial zoning to Install metal
buildings and warehouses. The developers were waiting on the
appropriate zoning to purchase the property. The development
would be an office/industrial park,
Council Member Stephens asked if the property was at the site
of the stock yards,
Mr. Knight responded part of it,
No one spoke in opposition,
The mayor closed the public hearing,
Harry Persaud,. Development Review Planner, reported that 7
reply forms had been mailed with 0 returned, The site was in a
moderate Intensity area which could easily accommodate light
industrial uses. This particular moderate intensity area was
not close to capacity at this time. The site was located
within the approach zone to the municipal airport, Certain
restrictions would be required so as to conform to the airport
height zoning regulations. Staff recommended approval with 3
conditions.
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city of Denton city council minutes
meeting of January 8, 1985
Page Five
Hopkins motion, Chew second to approve the petition. Motion
carried unanimously.
C. !The Council held a public hearing on the petition
of Gunter Knight for Knight and Miller (developers) requesting
a change in the current zoning classification from Agricultural
(A) to Light Industrial ILI) on a tract of 4.960 acres situated
south of U. S. Highway 380 and commencing approximately 120
feet east of Masch Branch Road and shown on William Bryan
Survey, Abstract 0168, Denton County. L-1714
The Mayor opened the public hearing.
Mr. Gunter Knight, the petitioner, spoke in favor stating that
this parcel was the larger of the 2 tracts and would answer any
questions which the Council might have.
Mayor Stewart asked Mr. Knight if he understood the conditions
pertalning to the area near the airport,
Mr. Knight responded yes,
No one spoke in opposition.
The Mayor closed the public hearing.
Harry Persaud, Development Review Planner, reported that the
same data pertained to this request as the previous one. This
parcel was located approximately 300 feet east of 9-1713.
Persaud presented a chart of the sensitivity areas near the
airport.
Hopkins motion, Alford second to approve the petition. Notion
carried unanimously.
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 I providing for the expenditure of funds thereforet
and providing for an effective date.
The following ordinance was •-esented:
NO. 85-01
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PJRCHASE OF ,MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES? PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOREt AND PROVIDING FOP. AN EFFECTIVE DATE.
Chew notion, Riddleaperger motion to adopt the ordinance. On
roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,'
Alford 'aye,' Riddleaperger 'aye,' Chew 'aye,' and Mayor
Stewart 'aye.' Motion carried unanimously.
8. The Council considered adoption of an ordinance
accepting competitive bids and providing: for the award of
contracts for puolic works or lmprovementst providing for the
expenditure of funds thereforet and providing for an effective
date.
The following ordinance was presented:
NO, 85-02
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THH AWARD OF CONTRACTS FOR PUBLIC NORXC OR
IMPROVEMENTSs PROVIDING FOR THE EXPENDITURE Of FUNDS
THEREFORI AND PROVIDING FOR AN EFFECTIVE OATH.
Y
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city of Denton City Council Minute's
Fleeting of January 80 1985
Page six
chow motion# Stephens second to adopt the ordinance. On~coal
call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford
'aye#' Riddlesperger 'ayes' Chew 'aye,' and Mayor Stewart
'aye.' Motiot carried unanimously.
Council Member Stephens asked if work would begin immediately
on the Hobson Lane lift station which was included on the
ordinance.
City Manager Chris Hartung responded yes.
C. The Council considered adoption of an ordinance
authorizing a title change and update in the number of
positions in each classification in the Police Department.
Kathryn Usrey, Director of Personnel, reported that this
ordinance would provide for a title change from Captain to
Division Commander in the Police Department and would update
the number of positions. The Civil Service Commission had
reviewed this item and recommended approval.
The following ordinance was presented:
NO. 85-03
AN ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE
POLICE DEPARTMENT OF THE CITY OF DENTON$ TEXASt
PROVIDING FOR THE NUMBEP9 OF PERSONS AUTHORIZED FOR
EACH CLASSIFIED i'OSITIONF CHANGING THE NAME OF TWE
CLASSIFICATION OF CAPTAIN TO DIVISION COMMANDER;
REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT
HEREWITH; AND DECLARING AN EFFECTIVE DATE.
Chew motion, McAdams second to adopt the ordinance. on roll
call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford
'eye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart
'aye.' Motion carried unanimously.
Mayor Stewart asked if it was possible that the word 'Division'
in the titla might be confused with other City of Denton
Divisions.
Usrey responded not this title was already being used
informally in the Police Department.
D. The Council considered adoption of an ordinance
authorizing a title change and update in the number of
positions in each classification in the Fire Department.
Kathryn Usrey reported that this ordinance pertaining to the
fire Department addressed the same issues as the previous
ordinance for the Police Department. The title change would be
from Assistant Chief to Division Commander. This ordinance
also allowed the fire Chief to appoint to one position
immediately below him.
The following ordinance was presented:
NO. 85-01
AN ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE
FIRE DEPARTMENT OF THE CITY OF DdNTONO TEXAS;
PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED FOR
EACH CLASSIFIED POSITION; CHANGING THE NAME OF THE
CLASSIFICATION OF ASSISTANT CHIEF TO DIVISION
COMMANDER; REPEALING ALL ORDINANCES AND RESOLUTIONS IN
CONFLICT HEREWITH; AND DECLAAING AN EFFECTIVE DATE.
Chew motion, Hopkins second to adopt the ordinance. On roll
call voted McAdams $aye#' Hopkins 'aye#' Stephens 'aye,' Alford
:aye. Riddlesperger 'aye, Chow 'aye,' and mayor Stewart
'aye.' Motion carried unanimously.
l
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Jq
City of DentonuCity8Council Minutes
Keating of Jaary s 1965
Page Seven
The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Rohe
Engineers for engineering services in regard to the excavation
services of the new landfill and providing for an effective
date.
Assistant City Manager Rick Svehla reported that this ordinance
would approve a contract with Rona Engineering to do testing to
certify the thickness of the lining of the new landfill. This
testing would have to be repeated 3 times during the
construction of tha landfill at a cost of $21000 per test.
The following ordinance was presented:
NO. 85-D5
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN 'THE CITY
OF DENTON AND BONE ENGINEERS FOR $NGINEERING SERVICES
IN REGARD TO THE EXCAVATION SERVICES OF THE NEW
LANDFILL, AND PROVIDING FOR AN EFFECTIVE DATE,
Stephens motion, Chew 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.
F, The Council considered adoption of an ordinance
instituting annexation proceedings on a tract consisting of
approximately 31.027 acres of land beginning at the southwest
corner of Ryan Road and Teasley Lane A_8
The following ordinance was presented. This was the first
reading of the annexation ordinance.
NO. 85-
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXASI BEING ALL THAT
LOT, TRACT OR PARCEL OF LAND CONSISTING OF
APPROXIMATELY 31.173 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTTON, STATE OF TEXAS AND
BEING PART OF 'THE ELI PICKETT SURVEY, ABSTRACT NO.
10180 DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS
AGRICULTURAL 'A' DISTRICT PLOPERTYI AND DECLARING AN
EFFECTIVE DATE.
Stephens motion, Chew second to adopt the ordinance. On roll
call vote, McAdams 'ayes' Hopkins 'aye,' Stephens 'ayes' Alford
'aye,' Riddlesperger 'ayes' Chew 'aye,' and Major Stewart
'aye.' Motion carried unanimously.
0. The Council considered adoption of an ordinance
instituting annexation proceedings on a tract consisting of
approximately 5.70 acres of land beginning north of Highway 380
West and adjacent and west of Ma6,h Branch Road A-9
The following ordinance was presented. This was the first
reading cf the annexation ordinance.
NO, 85-
AN ORDINANCE ANNEXING A TRACT Of LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXASI BEING A.L THAT
LOT* TRACT OR PARCEL OF LAND CONSISTING OP
APPROXIMATELY 5,70 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON# STATE OF TEXAS AND
BEINO PART Ot THE S. HUI2AR SURVEY, ABSTRACT NO, 511s
DENTON COURTYs TEXAS CLASSIFYING THE SAME AS
AGRICULTURAL 'A' DISTRICT PROPERTY! AND DECLARING AN
EFFECTIVE DATE.
y 4 M'Ft n yf R '^4, i '~i r j_ pr a r Te+ t ti .y^n „ G r City of Denton city Council minutes
meeting f.1 January Be 1985 +
Page Sight
Stephens motion, Chew 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.' Motiod carried unanimously.
H. The Council considered adoption of an ordinance
instituting annexation proceedings on a tract consisting of
approximately 131.761 acres of land beginning south of Robinson
Road and east of Nowlin Road A-10
The following ordinance was presented. This was the first
reading of the annexation ordinance.
NO. 8S-
AN ORDINANCE ANNEXING A TRACT OF LAND CONZIGUO41S AND
ADJACENT TO THE CITY OF DENrON, TEXAS? BEING ALL THAT
LOT, TRACT OR PARCEL OF LAND CONSISrSCI-1 OF
APPROXIMATELY 130.55 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE d. MERCHANT SURVEY, ABSTRACT No.
800, DENTON COUNTY, TEXAS? CLASSIFYING THE SAME AS
AGRICULTURAL 'A' DISTRICT PROPERTY? AND DECLARING AN
EFFECTIVE DATE.
Hopkins motion, Stephens second to adopt the ordinance. On
roll call vote, MCAdBms 'aye," Hopkina 'aye,' Stephens 'aye#"
Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and mayor
Stewart 'aye.' motion carried unanimously.
1. The council considered adoption of ars ordinance
Instituting annexation proceedings on a tract consisting of
approximately 112 acres of land beginning west of the 1-35N
service roads north of Marshall Road and east of the Topeka and
Santa Fe Railway A12
The following ordinance was presented. This was the first
reading of the annexation ordinance.
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 OF
APPROXIMATELY 111.71 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE B.B.B. t C.R.R. CO. SURVEY, ABSTRACT
NUMBER 141, AND Tda R. WdI'rLOCK SURVEY, ABSTRACT N0.
1403, DENTON COUNTY, TEXAS) CLASSIFYING THE SAME AS
AGRICULTURAL 'A' DISTRICT PROPLR'rYi AND DECLARING AN
EFFECTIVE DATE.
Stephens motion, Cnew 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.
J. The Council considered adoption of an ordinance
approving a specific use permit for a mobile home park on a
104.26 acre tract located adjacent and north of FM 426 (East
McKinney) and adjacent and south of Mills Rondo and beginning
approximately 3,000 feet east of Mayhill Road 5-174
David ElliAon, Senior Planner, reported that this property was
originally the Champion Home Community site. The land had been
sold and this site plan did me4t the city requirements,
The following ordinance was presented?
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i i z r F b r _t~ . h t -g" ' tkti ' r` /Y. r r 5 i#t
6LY of Denton City Cou6ciI Minutes'
Meeting of Ja•:uary 8, 1485
Page Nine
NO. 85-06
AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A
MOBILE HOME PARK; PROVIDING FOR THE REPdRENCINO OF
SUCH USE ON THE ZONING MAP OF THE CITY OF DSATON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THY, CODE
OF ORDINANCES Of THE CITY OF DEN'TON, TRx;+S, BY
ORDINANCE NO, 69-1, AND AS SAID MAP APPLIED TO
APPROXIMATELY 1U4.28 ACRES OF L,iND IN THE CITY AND
COUNTY OF DENTON* TEXAS] AND DECLARING AN EFFECTIVE
DATE.
Hopkins motion, McAdams second to adopt the ordinance. On roll
call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'nay,' Alford
'aye," Riddlespergar 'aye,' Chew 'nay,' and Mayor Stewart
'nay.' Motion carried 4 to 3 with Council Member Stephens,
Mayor Pro Tom Chew and Mayor Stewart casting the 'nay' votes.
K. The Council considered adoption of an ordinance
approving a change in the toning classification from planned
development (PD-17) and agricultural (A) to light industrial
(LI) classification on a tract of 334.607 acres located east of
and abutting Woodrow Lane and north of the proposed extension
of Morse Street north of Spencer Road and west of Loop 288.
z-1700
The following ordinance was presented:
N0. 85-07
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
DENTON# TEXAS, TO PROVIDE FOR A CHANGE IN CONING
DISTRICT CLASSIFICATION FOR APPROXIMATELY 334.6073
ACRES OF LAND, AS ;:JRE PARTICULARLY DESCRIBED H MIN,
FROM PLANNED DEVELOPMENT (PD) AND AGRICULTURAL (A)
DISTRICT CLASSIFICATION TO LIGHT INDUSTRIAL (LI)
DISTRICT CLASSIFICATIONi AND PROVIDING FOR AN
EFFECPIVE DATE.
Stephens 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.
L. The council considered adoption of an ordinance
approving contracts for the city's participation in the cost of
installing oversize water and sewer line facilities as
described herein; authorizing the Mayor to execute the
contracts, approving the expenditure of funds therefore, and
providing for an effective date.
1. Proposed pro rata and oversize agreement
with Windsor West Addition for a new 14 inch water line from
University Drive along Bonnie Brae and along Payne Drive
approximately 5,200 feet.
2. Proposed pro rata and oversize agreement
with Windsor West Addition for a new 18 inch sanitary ssweriine
from Greenbriar and Hinkle streets south on Hinkle Street
approximately 2,600 feet to an existing 15 inch/12 inch
sanitary sewer at the proximity of the Denton High School,
including a bore under Highway 380.
3. Proposed pro rata and oversize agreement
with Sandy Hill Addition for a new 14 inch water line from
Geasling Road and Highway 380 to Fishtrap Road.
4. Sewer line oversize participation agreement
with Sandy Hill Addition for an 18 inch sewer line from
Fishtrap Road to Cooper Creek lift station.
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1 /
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City of Dontnn City Council Minutes
Meeting of January as 1985
Page ten
5. Proposed pro rata agreement with Sandy bill e
Addition for a new 18 inch sanitary sewer line from Fishtrap
Road to Coope~ Creek lift station.
6. Pro Rata and reconsideration of oversize
agreement with the meadows Addition (formerly Champion Mobile
Home Park) for a new 16 inch water line from the intersection
of Mayhill Road ind McKinney Street, east along McKinney Street
to the east boundary of the development, approximately 4,560
feet.
1. Proposed pro rata and oversize agreement
with the Meadows Addition (previously Champion Mobile Home
Park) for a new 12 inch sanitary sewer line from the Pecan
Creek interceptor to McKinney Street approximately 5,420 feet.
8. Proposed oversize agreement with American
Stores Properties, Inc. for a 16 inch water line on east
Highway 38D along the frontage of their property.
9. Oversize agreement with North Texas
industrial District for an IB inch sewer line along a drainage
easement on the east side of the property from the- southeast
corner of this property north to the Pecan Creek interceptor.
104 Proposed oversize agreement with Ridgeway
Plaza Joint Venture for a new water line on Lillian B. Millet
Parkway along the frontage of tneir property.
11. Agreement for participation and associated
documents in the State School outfall sewer line from Lillian
9. Miller Parkway/Veasley to State School Road with Southridge
Joint Venture.
12. Sewer line oversize participation agreement
with Dimension Development Company, Inc. and Dimension-Unicorn
Lake Associates, Ltd.
Bob Nelson, Director of Utilities, reported that, due to the
number of agreements presented, several would be discussed at
the same time and he would answer questions during the
presentation. written materials were then distributed on each
of the agreements giving costa of the items, maps of locations,
etc. An overhead projection was shorn of each quadrant of the
city showing the location of each of the oversizing projects.
Nelson also reported that the Council had previously approved
an agreement for participation with the Sandy Hill development
when it was a partnershJp. It was now under single ownersnlp
and the agreement on the agenda was a reaffirmati3n. The total
cost to the pity for the agreements would be $368,000.
NO. 85-08
AN ORDINANCE APPROVING CONTRACTS FOR 'fHE CITB'S
PARTICIPATION IN THE C03T OF INSTALLING OVERSIZE HATER
AND SEWER LINE FACILITIES AS DESCRIBED HERSINI
AUTHORIIINO THE MAYOR TO EXECUTE THE CONTRACTS,
APPROVING THE EXPENDITURE Of FUNDS THEREFOREt AND
PROVIDING FOR AN EFFECTIVE DATE.
Stephens motion, Chew second to adopt the ordinance. On toll
call vote, McAdams 'aye,' Hopkins "aye,' Stephens ',ye,' Alfote
"aye,' Riddlesperger 'eye, Chew 'aye,' and Mayor Stewart
days.' Motion circled unanimously.
M. The Council considered adoption of an ordinance
authorising the expenditure of funds by the City of Denton for
annual service fee for membership in the Public Power
Association and approving the expenditure of funds thet•tforel
and providing for an effective date.
' r
City of Denton City Council Minutes
Meeting of January 8, 1985
Page Eleven
Bob Nelson, Director of Utilities, reported that this ordinance
would allow the payment of the annual City of Denton dues to
the Texas Pubic Power Association.
The following ordinance was presentedt
NO. B5-D9
AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY
THE CITY OF DENTON FOR ANNUAL SERVICE FEE FOR
MEMBERSHIP IN THE PUBLIC PuWER ASSOCIATION AND
APPROVING THS EXPENDITURE OF FUNDS THEREFOREi AND
DECLARING AN EFFECTIVE DATE.
McAdams motion, Hopkins second to adopt the ordinance. On roll
call vote, McAdams 'aye,' Hopkins 'aye,' Stephens lays,' Alford
'ayes' Riddlesperger 'ayei' Chew 'aye,' and Mayor Stewart
'aye.' Motion carried unanmously.
N. The Council considered adoption of an ordinance
approving a supplemental agreement to a prior approved contract
between the City of Denton and the United States of America,
concerning cost of acquisitions construction and maintenance of
recreational facilities for Lake Lewisville, Lake Ray Roberts
and the greenbelt corridors and providing for an effective date.
Bob Nelsons Director of Utilities, reported that this was the
long awaited supplemental facility contract for Lake Ray
Roberts in which all parties had agreed on various recreational
projects. Specifically, the contract outlined that the state
would construct Isle DuSoise Park and pay 251 of the greenbelt
and thus have identified it as a project. The city's
responsibilities had aeon slightly increased for new fish
hatchery ponds at wild.:fe/waterfowl land area at the lake.
NO. 85-10
AN ORDINANCE APPROVING A SUPPLEMENTAL AGREEMdN'T TO A
PRIOR ,ePP.OVED CONTRACT BETWEEN THE CITY OF DENTON AND
THE UNITED STATES OF AMERICA, CONCERNING COST OF
ACQUISITIONS CONSTRUCTION AND MAINTENANCE OF
RECREATIONAL FACILITIES FOR LAKE LEWISVILLEP LAKE RAY
ROBERTS AND THE GREENBELT CORRIDOAt AND PROVIDING FOR
AN EFFECTIVE DATE.
Riddlesperger notions Hopkins second to adopt the ordinance.
On roll call votes McAdams 'ayes' Hopkins 'aye,' Stephens
'ayes' Alford 'ayes' Riddlesperger 'ayes' Chew 'aye,' and mayor
Stewart 'aye.' Motion carried unanimously.
0. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Black and
Veatch for engineering services for the Lewisville Hydro-
electric Projects and providing for an effective date.
Bob Nelson, Director of Utilities, reported the city had been
moving forward on the Lewisville Hydroelectric Project. Staff
had presented a contract to the Public Utilties Board and there
was as request to retook at the feasibility and timing of the
project. The feasibility was originally established on the
basis of escalating natural gas coats. These costs had now
seemed to stabilize and in some cases, reductions had been
made, Staff had to-evaluated the project and had asked Freese
and Nichols to perform an analysis. The concern was that in
the early years the debt service payment would represent
approximately 5 1/20 per kilowat hour for the first few years
and would then, over about 20 years would take it down
approximately 1 1/2s! per kilowat hour. This Cost is higher
than that of natural gas, This projection was ppredicated on
the hydroeloctcio unit costing approximately $I$ to $15.5
Cityy of Denton City Council Minutes
Kee Eing of Januacy Br 1985
Page TwelVo
million. No value had been given to the capacity of the unit
itselfi staff had ignored the fact that the new plant might
provide capacity in the summer, This was not of value unless
you were cap city deficient but could possibly of value to
someone who was capacity deficient and could possibly be used
for ca-generation and the city could sell the power at a higher
cats. it would then be of value of Denton. These were some of
the areas that staff would like to asked Black and Veatch to
analyze. A number of calls had been received from hydro-
electric developers, those people who know the hydroelectric
business. These corporations receive a tax credit advantage.
By doing this the developers are able to take advantage of tax
credits for the first 4 or 5 years and then sell the unit back
to the city. The city was also on a schedule by licensing
agreement to begin construction within 2 years or would stand
to lose the license. Black and Veatch would develop plans for
a turbine generator and would also assist in evaluating the
hydroelectric developer proposal and financial aspects. They
had agreed to do this at a price which represented only their
out of pocket salary cost. The proposed $25,000 contract would
fay no overhead. To date the city had invested approximately
79,000 in associated licensing activities for the
hydroelectric project at Lake Lewisville and $60,000 for Lake
Ray Roberts. The city would take bids on the turbine
generator, look at the entire financial picture and consider
the license schedule time table.
NO. 85-11
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND BLACK AND VEATCH FOR ENGINEERING
SORVICES FOR THE LEWISVILLE HYDROELECTRIC PROJECTi AND
PRUVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Riddlesperger 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.
5. Resolutions
A. The Council considered approval of a resolution
ameneing the following policies:
107.03 Vacation/Bonus Time
Kathryn Usrey, Director of Personnel, stated that in August the
new vacation/bonus pay policy had been approved by Council.
Some employees had raised questions regarding the policy and
Staff had completed a review and revision. During the
preparation of the policy for the agenda, an adjustment to the
accruals for the permanent part-time employees had not been
included. Ms. Usrey distributed a corrected copy of the policy.
Council Member Hopkins congratulated Ms. Usrey and her staff on
the fine job which they had done.
The following resolution was presentedi
R E S O L U T I O N
i4HEREAS, the Director of the Personnel/Employee
Relations Department Ecr the pCity of Denton has presented a
vacation/bonus time for
proposed consideration i by the regarding City Counclll yand
WHEREAS, the City Council desires to adopt Such policy
to replace the existing policy on employee vacation/bonus time
adopted by the Council by Resolution on August 211 19941
~ 1 ( t y.'t t F a-~~ ,r d ca°y t n '1 it °+T ! d~ n(N r'~ ~•F. ~ rte..
•
City of Denton City council Minutes
• Meeting of January 80 1985
Page Thirteen
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF DENTON, TEXAS, THATi
SECTION I.
The following policy, attached hereto and made a part
hereby, is hereby adopted as an official policy of the City of
Denton, Texas:
Vacation/Bonuk: Time (Reference No, 107,03)
SECTION II.
The foregoing policy is attached hereto and made a part
hereof and shall be filed in the offici: records of the City of
Denton with the City Secretary.
SECrION III.
The policy is entitled vacation/bonus time adopted by
Resolution on August 211 1984 is hereby rescinded.
SECTION IV.
This Resolution shall be effective immediately after its
date of passage and approval.
PASSED AND APPROVED this the 8th day of January, 1985.
RICHARD O. STENAnT, MAYOR
CITY OF DENTON# TEXAS
ATTESTi
CHARLOTTE ALLEN, cirY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ArTORNEY
CITY OF DENTON, TEXAS
BY:
McAdams motion, Riddlesperger second to approve the resolution. On
roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford
'aye,' Riddlesperger 'a e,' Chew 'aye,' and Mayor Stewart 'aye.'
Motion cat:ied unanimously.
b. The Council considered a resolution from the Public
Utilities Board regarding capital recovery fees.
bob Nelson, Dtroctor of Utilities, reported that the Public
Utilities Board had been looking for quite some time for some method
by which the city could assist the ratepayers in paying for the
capital improvement projects that serve the city's customers other
than continuing to rates the rates. An analysis was conducted by
the staff. Pot each new residential unit built in the city, staff
calculated that it required approximately 1300 in water transmission
lines, water towers and approximately 1325 for sewer trunk lnos and
lift stations. That was just essentially the major trunk lines and
paralleling transmission lines that might be in place or ps+ying the
oversiaing. This was a total of 1625 per home. Each residential
unit would cost 1575 for a new water plant, 1675 for a now sewer
plant for a total of 11200, The total cost to each cosidential unlit
was $1825 which was equivalent to about 375 gallons of water per day
usage. The capital recovery fee that the board and staff had been
looking at would have the developer pay 1625 at the time of platting
which represented the lining portion, the builder would pay $600 at
W t ,I ti xr
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City of Denton City Coun it minutes
Meeting of January 80 1915
Page Pourteen
the time he requested water ;nd sewer tap. This would be in
addition to the cost of the meter and tapping fee. Thu ratepayer
would pick up the other $600 through increased rates. Some of t-he
options which! the board considered was that the developer pay the
entire fee at the time platting, If this occurred, the developer
would add an additional 25%, real estate fees would increase as
would the taxes on the increased value. This would represent
approximately f29 per month per homeowner over a 30 year mortgage.
1 the builder paid the entire fee at the time he requested the
meter, the total cost would be reduced because the developer front
end risk deleted, This would represent about $23 a month to the
homeowner over a 30 year period. If the ratepayers pay, as they are
now, and if you assume a 5% growth rate per year, it would represent
about 739 per month on each homeowners water and sewer bill. This
would escalate each year by a similar amo-it. The Public Utilities
Board proposal was that the developer pay t F, the builder pay $600
plus tapping fees and the ratepayer take ca:- of the other part of
the plant costs which was $600. The easentiblly mean that Denton
would not have a situation like the Council considered earler where
there wek a sewer line 1 1/2 miles away from a development, and the
developer had to extend the lines. A sewer line would be available,
the developer would tie on and the city would come behind with the
capital improvement plan to ensure ,,dequate capacity. All the
developer would have to do is pay the $625 per residential unit.
This would mean $17 per month per homeowner if all the costs are
rolled into the cost of the home and assuming a 25% mark-up by the
developer. The cost to the ratepayer with the $600 would be
approximately 250 per month.
Mayor Stewart asked Nelson to clarify the per month coat and the
ratepayer coat.
Nelson stated that the $17 per month would be included in the
payment for the new residents and the ratepayers would be everyone
across the entire city. Capital recovery fees were not an usual
concept. Many cities were looking at this and several cities have
already adopted the fees, Denton was presently financing these
coats through revenue bonds. Only recently with the last 8 months
had staff begun to ask developers to share in participation in
ine.udin4 off-sit6 lines and overslzin9.
Council Member McAdams stated that she felt the Council would need
more time to study the materials. This was a major change in the
city's approach and she wanted to see the total cost from beginning
to end as looking at only 1 cost could be misleading, She was also
concerned that these fees to developers and builders would not leave
Denton in a competitive position with other cities in the area.
Council Member Hopkins stated that he believed this issue should be
explored in depth with the Public Utilities Board and later with the
Planning and Zoning Commission. All of the ramifications of the fee
should be discussed, including the effect on the economic
development program, It was the responsibility of the City Council
to look at the total picture and he still had a great many questions.
Hopkins motion, Chew second to table the item and defer to a work
session.
Mayor Pro Tom Chew stated that he also had concerns about the impact
on the economic development program.
Council Member Riddleaperger stated that this was a new idea and
should be studied very deeply.
Council Member Stephens stated that the growth factor had led the
city to this position,. The Public Utilitiea Board was trying to
ease the burden on the existing ratepayers and at the same time not
stifle development. Part of the question was how tc pay for the
N
X fir'/ Ij }Y R . of .4t j. _ 4 r: i FV ^C h .n t Fr.. Tr ,~.t.
r v _ . r, r y
City of Denton City council minutes
Meeting of January 8, 1985
Page Fifteen
expected development explosion. An earlier agenda item had dealt
with oversiaing and pro rata agreements between the city and
developers.
Motion to table and defer to a work session item passed 6 to 1 with
Mayor Stewart casting the 'nay' vote.
7. The Council considered approval of a sanitary sewer line
pro rata agreement with Meadow Ridge Addition.
Bob Nelson, Director of Utilities, reported that this was a routine
item in which the developer would pay all of the costs.
McAdams motion, Chew second to approve the sewer line pro rata
agreement with Meadow Ridge Addition. Motion carried unanimously.
8. There was no official action on Executive Session items of
legal matters, real estate, personnel, and board appointments.
9. No items of new business were suggested by the Council for
future agendas.
With no further items of business, the meeting was adjourned.
RICHARD 0. STEWART, WAYOR
CHARLOTTE ALLEN, CITY SECRETARY
1631C
q xi n r' 7
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DATE: 02/05/85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: APPROVAL OF PLATS AND REPLATS
RECOMMENDATION:
The Development Review Committee and the Planning and Zoning
Commission recommends approval of the following plats and replats.
1. Final Replat of Cooper Crossing, Section I
2. Preliminary and Final Replat of Golden Triangle Industrial Park
3. Final Replat of Haywood Addition Block 1, Lot 1
4. Final Replat of Independence Square Addition
5. Preliminary Replat of Owsley Park Addition, Block 3, Lot 12A
6. Preliminary Plat of the Extension to the Sauls Addition.
1. Preliminary Plat of the Stauver Addition
8. Preliminary Replat of the Thompson Addition
9. Preliminary Plat of the Woodhill Square Retail Center
SUMMARY:
BACKGROUND:
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable
FISCAL IMPACT:
Not applicable
Respect- fuu t d:
G. Ghiis Hartung
City Manager
Prepared by:
~_r c. CtA.1 sL
Harry rsaud
Development Review Planner
App v
e -
Director of Planning
and Community Development
0629,E
" 1 : +R•
f4i i :"lam °Oa s r o i
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: February 5, 1985
SUBJECT: Approval of the final replat of Cooper Crossing,
Section 1
',UMKARY: This is a tract of approximately 61.59 acres
situated east of and abutting North Locust and
south of and abutting Hercules Lane and more
fully described as Cooper Crossing, Section 1,
City of Denton. This site is zoned residential
single family (SF-7) under planned development
district (PD-72).
The original plat contained an over-provision of
easements which would not allow adequate
building area on some lots. The replat will
rationalize the provision of easements on the
site. The final replat conforms to the minimum
requirements of the Denton Subdivision and Land
Development Regulations.
ACTION REQUIRED: Approval of final replat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the final replat of Cooper Crossing,
section 1.
ALTERNATIVES: Approval or denial of final replat
ATTACHMENT: Reduced final replat
t t 6tN~ ~i Ac 7cz«.ck. _
Harry Pereaud
Development Review Planner
0627)
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: February 5, 1985
SUBJECT: Approval of the preliminary and final replat of
the Golden Triangle industrial Park, Phase V
SUMMARY: This is tract of 3.00 acres situated north of
and abutting Mores Street, east of Loop 288 and
more fully described as lot 28. Block 1, Golden
Triangle Industrial Park, Phase V and shown in
the MET & PRR Survey, Abstract #927. This
site is zoned light industrial and office type
development is anticipated.
Water, sewer, electric, telephone, and solid
waste services and facilities are adequate and
available. The preliminary and final replat
conforms to the minimum requirements of the
Denton Subdivision and Land Development
Regulations.
ACTION REQUIRED: Approval of the preliminary and final replat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the preliminary and final replat of
the Golden Triangle Industrial Park, Phase V.
ALTERNATIVES: Approval or denial of preliminary and final
replat
ATTACHMENT: Reduced preliminary and final replat
V0-~,
Harry Persaud
Develop ent Review Planner
06269
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31
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: February S. 1985
SUBJECT: Approval of the final replat of Haywood
Addition, Lot 1, Block 1
SUMMARY: This is a tract of 0.9287 acres situated south
of and abutting Sycamore Street west of Carroll
Boulevard and being a replat of Lot 5 and 6,
Block 332, College Addition. The site is zoned
multi-family (lKF-1) and the purpose of the
replat is to remove the existing lot line so as
to create one building site to accomodate multi-
family (MF-1) development.
The drainage proposals submitted are acceptable.
Sanitary newer, water, a"ectric, telephone and
commercial solid waste services and facilities
are adequate and available. The final repldt
conforms to the minimum requirements of the
Denton Subdivision and Land Development
Regulations.
ACTION REQUIRED: Approval of the final replat
RECON49NDATION: The Planning and Zoning Commission recommends
approval of the final replat of Haywood Addition
Lot 1, Block 1.
ALTERNATIVES: Approval or denial of the final replat
ATTACHMENT: Reduced final replat
Harry P saud
Develop ent Review Planner
0629)
MAfr
r in the t,H,Th line hf flea 5veaarate street L= 30 (Hr•N'/ Snulh UU Ix etees 29 Ylnut et tNl Sect'
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r1IE,%CE •,.utT, nj neeretf 07 `Itnutrt 34 See
s llna or the laid Tract a a tlr+t sole of ri
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t•
S Y C A M R E STREET the sa .nrrr 09 a CS 11 id trTree 45 Sec
WEST 0. B the said Tract ►nd ad Mt talact A a A
P.
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4 9nrthv..st corner of Lot A of the faster A
a
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f 1140 ` N, 99.41'10"E. 277,25 4 ~h t!~
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said Tract A s distance at tls.rd fast it
net thereof and chat la t1M S.xtth line's
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from Poul Her ood, Jr. 0 M. C. H. properties THAT I.C.M. plowr -ttt does hereby adopt
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HAYWOOD A DIT ION `t'T` OF TT US 1
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P JESTER A0DITI?N
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MRETING DATE: February S. 1985
SUBJECT: Approval of the preliminary replat of Oweley
Park Addition, Lot 12A, Block 2
SUMMARY: This is a tract of 0.36 acres situated north of
and abutting Prairie Street and east of Bonnie
Brae and more fully described as Lot 12A, Block
2 Owsley Park Addition, City of Denton. The
site is zoned residential multi-family (W-1)
and multi-family development is anticipated.
The purpose of the replat is to remove the
existing lot line to create one building site.
Water, sanitary sewer, electric, telephone and
solid waste services and facilities are adequate
and available. The preliminary replat conforms
to the minimum requiremAnts of the Denton
Subdivision and Land Development Regulations.
ACTION REQUIRED: Approval of the preliminary replat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the preliminary replat of Owsley
Park Addition Lot 12A, Block 2.
ALTERNATIVES: Approval or denial of preliminary replat
ATTACHMENT: Reduced preliminary replat
N . Lon ct c.~_l~.
Harry ereaud
Development Review Planner
0629]
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: February 5, 1985
SUBJECT: Approval of the preliminary plat of the Sauls
Addition, Lot 8 and 9, Block 1
SUMMARY: This is a tract of 0.9017 acres situated east of
and abutting Saule Lane, north of Roberts Street
and more fully described as Lot 8 and 9. Block
1, William Crenshaw Survey, Abstract #318. This
site is zoned residential single family (SF-7)
and the preliminary plat is to create two single
family SF-7 lots.
Water, sanitary sewer, telephone, gas, elec-
trical and solid waste services and facilities
are adequate and available. There is need for
perimeter street paving including curb and
gutter to be done along 260 feet of frontage on
Sauls Street. Under Article III, 4.03, Para-
graph 2B, the Planning and Zoning Commission may
either wave or postpone this requirement.
ACTION REQUIRED: Approval of the preliminary plat with or without
waiver
RECOMMENDATION: The Planning and Zoning commission considered
this item at its January 16 meeting and
recommended approval of the preliminary plat
with postponement of the perimeter street paving.
ALTERNATIVES: Approval with or without waiver
ATTACHMENT: Reduced preliminary plat
Harry Pe Baud
Development Review Planner
06019
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SHRBT
MELTING DATE: February S. 1985
SUBJECT: Approval of the preliminary plat of the Stauver
Addition, Block 1
SUMMARY: This is a tract of 0.427 acres situated south of
and abutting Crescent Street and west of Bolivar
street and shown in the R. Beaumont Survey.
Abstract MA31, City of Denton. This site is
zoned residential two family (2-F) and the plat
establishes two family lots.
The minimum lot size for a 2-F lot is 6,000
square feet with a minimum lot depth of 100 feet
and minimum lot width of 60 feet. Both lots
exceed the minimum area and lot width require-
ments, but fall short by 7 feet on the minimum
lot depth requirement. The developer has
requested a variance of the minimum lot depth
requirement. Water, sanitary sewer, telephone,
gas and electrical services and facilities are
adequate and available.
ACTION REQUIRED: Approval of the preliminary plat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the preliminary plat of Stauver
Addition, Block 1.
ALTERNATIVES: Approval or denial of preliminary plat
ATTACHMENT: Reduced preliminary plat
Harry ersaud
Development Review Planner
06018
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CITY COUNCIL, AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: February 5, 1985
SUBJECT: Approval of the preliminary replat of Thompson
Addition, Phase I, Lot 1
SUMMARY: This is a tract of 1.79 acres situated west of
and abutting old North Road, north of U.S. Hwy
380 and more fully described as Phase I. Lot 1,
Thompson Addition and shown on the N. Pogue
Survey, Abstract ##A-102, City of Denton. This
site is zoned residential multi-family (MF-1)
and multi-family development to anticipated.
The purpose of the replat is to abandon an
existing easement which is not required to serve
this development. The preliminary replat
conforms to the minimum requirements of the
Denton Subdivision and Land Development
Regulation.
ACTION REQUIRED: Approval of the preliminary replat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the preliminary replat of Thompson
Addition, Phase I, Lot 1.
ALTERNATIVES: Approval or denial of preliminary replat
ATTACHMENT: Reduce preliminary replat
arry N Persaud
Development Review Planner
0603]
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: February 5, 1985
SUBJECT: Approval of the preliminary plat of Woodhill
Square Retail Canter
SUMMARY: This is a tract of 8.654 acres situated east
of and abutting Teasley Lane and south of and
abutting U5 Hwy 77 and more fully described as
hot 1, Black 1, in the S. C. Hirams Survey,
Abstract #616. This site is zoned general
retail (GR) and office retail type of develop-
ment is anticipated.
Water, telephone, gas, electrical and commercial
solid waste services and facilities are adequate
and available. Sanitary sewer capacity, however,
is limited at this location and the development
will not be allowed to tie on to the sanitary
newer system before John Pass sewer line is
completed.
ACTION REQUIRED: Approval of the preliminary plat with or without
condition
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the preliminary plat of Woodhill
Square Retail Center, Lot 1, Block 1, subject to
the condition that the development will not tie
on to the sanitary sewer system until after the
John Pass line is completed.
ALTERNATIVES: Approval or dental of preliminary plat
ATTACHMENT: Reduced preliminary plat
Harry reaud
nevelopment Review Planner
0601s
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Woodhill Sq
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L, Mil.
got t a«c 1
Retail Centor
4 MOV161" N 6,684 116,
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rt resit Rotor rMNi lie
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4" 1 Diego
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: February 5, 1985
SUBJECT: Approval of the final replat of Independence
Squate, Lot 1-R, Block A
SUMMARY: This :s a tract of 1,451 acres situated west
of and abutting Teasley Lane and north of
Londonderry Lane. This site is zoned general
retail (GR) and shopping center development is
anticipated.
Water, sewer, electric, telephone and commercial
solid waste services and facilities are adequate
and available. The sanitary sewer capacity,
however, is limited at this location and is to
be upgraded under the Capital Improvement
Program. In the meantime, the developers have
agreed to limit developments on this site to
"dry type" uses. An agreement to this effect
has been signed by the developers and the
Director of Utilities representing the City.
ACT10N REQUIRED: Approval of the final replat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the final replat of Independence
Square, Lot 1-R, Block A.
ALTERNATIVES: Approval or denial of the final replat
ATTACHMENT: Reduced final replat
I V CL&A.-OL.
rry ersau
Deveyopm•!nt Review Planner
4
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P .~`t JV i ,nn• i[ e 1rytirJ ~ •x'i ~ S: r[ i? t' ~ f~ a. ' ."J Y ~ J-A`~1 r ~ti
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LOCATION MAP
REPLAT OF I„ z2.066
100, INDEPENDENCE SQUARE
LOT I-RI BLOCK A
1.461 ACRES
9. C HIRAMS SUItV9Y, A 616,
C1YY 6 COUNT , of DENTON TEXAS
OWNER-
-RICHARDnl !S 1.
i I v
WrYo/DENTON,TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76101 / TELEPHONE (817) 566.8200
M E M O R A N D U M
DATE OF MEETING: February 5, 1985
CITY COUNCIL AGENDA ITEM:
Approve Tax Refund
SUMMARY:
Chapter 31, Section 31.11 of Texas Property Tax
code requires the approval of the governing body
of the taxing unit for refunds in excess of $500.00.
Taxpayer, Nowlin Mortgage Company, has requested a
refund in the amount of $67e.31'for erroneous payment
on wrong property.
FISCAL SUMMARY:
Financial Impact, $678.31 to be refunded.
ACTION REQUIRED:
Approval of City Council
ALTERNATIVESi
If approved, the refund will be issued.
STAFF RECOMMENDATIONS
'Pax Collector recormaends that refund be issued.
EXHIBITS:
Attach•,.d
x' k Yr' a ! F ! t r w t-L'(~ r i-~ 5 ~ ~ 1 7 r k"~ e~ ~'';r ~ r .ia'>il °wn~. ~ C7 ",1 ~l -TC fi I ♦ (y
u'J f ~ h8.. / _ / '..e }
nr f.9AA Z L r '3
Cl16CIC~ n"14 M-YOl1CliEa
Check r oNf-'
ine er
Pay to _$678.31
Amount
Nowlin Mortgage Company FINANCE/TAX
Department
P.O. Dox 350, Attne Louise Copeland January 17, 1985
Date
Fort Worth, Texas 76101
Tax Account: 7183-01300
Acct. Balance invoice date number and/or ex lanation Account No. Net Inv. Amount
REFUND DUE TO ERRONEOUS PAYMENT MADE 100-0401 $678.31
ON WRONG PROPERTY
TOTAL
hThe above has been reviewed and recommendation for payment is made by the undersigned.
Accounting Approval Signature
City_Hanaier Approval Director of Finance Approval
L . C• .,a~ `R - 1 n r-r -4 R '.i.,•P r,~.r". Y,J-;, a ~ t rW,ya71t ~r +.6 _r °7
1 . ~h n 1-r.
!r«+r r" APPLICATIbN FOR TAk REFUND
(1ei,iw/ "Pon" M.11(I114
Collecting Office Name: CITY OF DEN'IbN TAX DEPARTMEN'T'
Collecting Tax For CITY OF DENTONo TEXAS 76201
(Taxing n to
215 EAST MCKINNEY STREET, DENTON, TEXAS 76201
Address
City, State, Zip Code
.
order to apply for a tax refund, the following information must be provided by the taxpayer.
IDENTIFICATION OF PROPERTY OWNER.
Name: Joe L. Stroud (Refund to Nowlin Mortgage Company) _
Address:
Telephone Number (if additional Information Is needed):
IDENTIFICATION OF PROPERTY:
Description of Property: Lot 13 Blk 32 Southridae Addition
Address or Location of Property: 2156 Savannah Trail
Account Number of Property 7189-01300 or Tax Receipt Number: -
INFORMATION ON PAYMENT OF TAXES:
Name of Taxing Unit Year for Amount of
From Which Refund Which Refund Date of the Amount of Tax Refund
Is Requested Is Requested Tax Payment Taxes Paid Requested
1 City of Denton 19 84 1-9 1985 s678.31 $ 678,31 ,
2. 19 / 19 $ $
3. 19 ! 19 $ $
Taxpayer's reason for refund (attach supporting documentation):
REFUND TO MORTGAGE COMPANY FOR ERRONEOUS PAYMENT ON WRONG PROPERTY
"I hereby apply for the refund of ft above-described taxes and certify that the Information I have given on this form
Is true and correct"
SEE ATTACHED LETTER January 17, 1985
Signature Date of Application for Tax Refund
DE MINATION T 111104)0: Approval Disapproval
Signature of Au rized Olticer Date
Signature of Presiding Officer(s) of Taxing Date
Unlgs) for refund eppllcabons over $6W
Any person who wkee a INN entry upon the foregoing record shell be sub*rt to ono of ft follew1of w*11": 1. kepea w"M oll
not mere than 10 yaw nor leis than 2 hats arWlef 'a Nne of not mere Moe $$,ooo Of both "Ch *1@ and ,
Imprlsenn►ent4 2.° eonlMfelneM In jaM ter a Ierm up Ia 1 year Of a tlae not 10 "J#W ia,Ol)0 at 66th ouch Ilk and ImpAseaAlf M N W
forth In iectbn 31,16, P*iNt two. ~cruFa s„►
30 COLLEC'T'IONS
~
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RL
VWUN tGAGE
January 140 1985,
City of Denton Tax Collector
Municipal Building
Denton, Texas 76201
Attn: Mark Schmidt
Res NMCN 09-10-52987
Joe L. Stroud
2152 Sacannah Trail
Denton, Texas
Lot 12l Block 32 Southridge Add.
Dear Mr. Schmidts
Enclosed please find the 1984 paid tax receipt on " Lot l5, Block 32,
Southridge Add." that was shown as Mr. Strouds property incorrectly
by the appraisal district and on which Nowlin Mortgage Company raid
the tax in error. Nowlin Mortgage has also paid the taxes on the correct
property, which is Lot 12, Block 32 Southridge Add.
Please refund the amount of $678.31 to Nowlin Mortgage Company to return
to the escrow account of Mr. Stroud and bill the correct owner "Mr.
Dritzenber" for this tax.
Should there be any questions, please contact me.
Very iy yours,
aww"A 4 -
Louise Copelen
Lost.r. Tax Dept.
/lc
Encl.
R
NOwLW MORTGAGE COMPANY • i11•T] Oft • METRO 404W
21Q11ALRlAN0 M • P.s). ssOx aso • FORT WORTH, M0 RIO14M
wih•w+.i«+-~MFv a r S..d i e ~ ,R n i rt ~ alb X ~~.y q ~ ~ +S r:
1 m'A( ff, il 14 r "t 'mow
f aK ~ a S 'i•0. ~.t ! S.. k •l R5 .P,~. iJ r~ l^i r R
y k~. ;a,, + OiER Chily`0 Dfr i,l T.f a nwlu ,
mad
1 x.,rr, Jw+ur
FtSN1UAEEL Et~^NI
.,M. f 6ror
SIDE F0~ PENALTY AND ~ 'NON[l11-s
EST 04TAllS.
L.Ul e,
.3/2032///J MICGOMIAN'797 •
too x Soo
f . jt w..
678*31
JOE L STROUD
2152 SAVANNAH TRAIL
DENTON TX76201
R
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a1R ~i« s '@. Y~f'.r tlr,_ Y r. ql r ~ ~ n ~ L }S, ~e:' fear xa t i i
~ ~ DATES WOWS
CITY COUNC14 REPORT F01tllAs
TO% Mayor and Members of the City Council
FSOMi G. Chris Hartung, City Manager
SUBJECTI PUBLIC HEARING ZONING CASE H-34
RECOMMENDATION:
The Historic LandmArk Commission considered this item at its
December 10, 1984 meeting and voted 3-2 to recommend approval of
H-34. The City of Denton Zoning Ordinance specifies that when only
five members are present that a positive recommendation requires 4
votes; therefore, this item was forwarded to the Planning and Zoning
Commission with no recommendation. The Planning and Zoning
Commission voted 5-1 to recommend approval of H-34 at its meeting of
January 20 1985.
i
This is a request for histocle landmark (H) designation at 104 North
Locust.
BACKGROUND:
This structure is associated with several of the most prominent
cititens of early Denton. The building is located in the
historically significant downtown area of Denton and retains part of
Its original facade. While the current facade is not an exact
replica of the one existing in earlier years, the owners feel that
it is a good faith attempt to recreate the style of a particular
area, the late 1800'x.
03C S D ARTMWWTS Oft GROUPS AFFECT9 I
Not applicable
►FISCM IMPACT%
There to no impact on the general fund.
Re~p4ct ly e•:hs~7ted;
0. C s at g
city manager
Prepared byi
IIA-1 ~
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D41110 Spiv iv
Development Review Planner
SRO ;
Jeff ?47tr, Aactor of
Planning
and Community Development
9',` a 5 l1 yi' c! t "n y!. r 1 e; i y: 4 b i J A .,~k
R. F
PLANNING WO ZONING OOMKISSION
RECOMMENDATION TO THE`CITY COUNCH.
To: Denton City Council
Case No,: H-34 Meeting Date: February 5, 1985
GENERAL INFORMATION
Applicant: Mrs. Robert S. Berg
2503 Woodhaven
Denton, TX 76201
Status of Applicant: Owner
Requested Action: Historical landmark (H) zoning
designation
Location: 104 North Locust
Existing Land Uset Restaurant
Existing Zoning: Central Business District (CBD)
Denton Development Guide: Area is designated as high intensity.
SPECIAL INFORMATION
Article 8A, Section 28 A-1, of the City of Denton Zoning
Ordinance defines a historic landmark as any building, strue-
tune, site, district, area of architectural, historical,
archaeological or cultural importance or value, which the
City Council determines shall be protected, enhanced, and
preserved in the interest of the culture, prosperity, education
and general welfare of the people.
Section 28 A-2 of the referencod ordinances declares as policy
the following purposes of the historical preservation ordinance
related efforts:
1) To protect, enhance, and perpetuate historic landmarks which
represent or reflect distinctive and important elements of
the City's and Stato's architectural, archaeological, cul-
tural, social, economic, ethnic, and political history and
to develop appropriate settings for such places.
y
i. a ' ,'7
(Case H-34)
Page
SPECIAL 111FoemnoN (continued)
2) To safeguard the City's historic and cultural heritage,
as embodied and reflected in such historic landmarks by
appropriate regulations.
3) To stabilize and improve property values in such locations.
4) To foster civic pride in the beeuty and accomplishments of
the past.
5) To protect and enhance the City's attractions to tourists
and visitors and provide incidental support and stimulus to
business and industry.
6) To strengthen the economy of the City.
7) To promote the use of historic landmarks for the culture,
prosperity, education, and general w)lfare of the people of
the City and visitors to the City.
ANALYSIS
The petitioners believe that this structure is worthy of his-
toric landmark designation for several reasons, First, some of
the most prominent early citizens of Denton owned this building.
Otte G. Welch, the legal adviser in the establishment of the
county seat of Denton and leader of a company of Denton County
recruits during the Civil War, owned the building from 1866
until his death in 1876. Joseph A. Carroll, surveyor of the
downtown area and later a district judge, owned the lot from
1858 to 1866. These men were two of the most prominent citizens
of early Denton whose influence is seen today in atreete and
governmental buildings bearing their names.
Second, the owners feel that this structure is deserving of
landmark designation due to its location 1ri the 4owntown area.
The owners have expressed a strong commitment to preservation of
the downtown area and hope that the recognition of their efforts
will encourage other owners in the downtown area to remodel and
preserve their buildings.
Third, the petitioners believe that the architectural condition
of the building itself merits historic landmark designation.
The building's facade is original from the top of the windows to
the roof and the original brick work and pressed tin ceiling are
retained its the interior of the building. Whits the current
facade is not an exact replica of the one existing to earlier
years, the owners feel that it to a good faith attempt to
recreate the style of a particular era, the late 10OV s.
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Page 3
RECOMMENDATION
The Historic Landmark Commission considered H-34 at its meeting
of December 10, 1984 and recommended approval by a vote of 3-2.
The City of Denton Zoning Ordinance specifies that when only
five members are present at a meeting that a positive rec-
ommendation requires four v)tes; therefore, this item was
forwarded to the Planni:•,g and Zoning Commission with no
official recommendation. The Historic Landmark Commission
felt that the structure met the following criteria for (H)
zoning designation:
1) Relationship to other distinctive buildings, sites or areas
which are eligible for preservation according to a plan
basedd, on architectural, historic or cultural motif.
2) Exemplification of the cultural, economic, social, ethnic or
historical heritage of the City, State or Unites States.
3) Identifical:ion with a person or persons who significantly
contributed to the culture and development of the City,
State, or United States.
4) A building or structure that because of its location has
become of value to a neighborhood, community area or the
City.
The Planning and Zoning Commission recommends approval of H-34
by a vote of 5-1.
ALTERNATIVES
1. Approva ppetition
2. Deny petition
ATTACHMENTS
1. Map
2. Petition
3. Historical Summary
4. Minutes of the Historic Landmark Commission meeting
of December 10, 1984
5, Reply Form Totals
b. Property Owner Lint
7. Minutes of the Planning and Zoning Commission meeting
of January 2, 1985
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HISTORIC LANDMARK ZONING PETITION
City of Denton .0 h*j" {
SITE ADDRESS: 1(j N. LoCult
CITY LOT & BLACK OR LEGAL DESCRIPTIONS
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PRESENT USES Restaurant ZONING:
CONSTRUCTION/DESCRIPTIONS cne-StOr
t,ri nL wnnA and steel frame_
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EXTERIOR: r INTERIOR:
(GOOD, FAIR, POOR
TELEPHONE
P?FSENT OWNERS ADDRESS
2503 Woodhaven R1?-3Q2-517t
DATE BUILT: 5 DATES AND EXTENT OF ALTERATIONS/ADDITIONS:
,-Gr.` the ynr of t}•p w4 ndnwg down is news Ahcve t~:•e wir.:. s
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Ct IE s BUILDERS
ORIGINAL OWNER; citis
ARCHITECTURAL STYLE 0 PERIOD WTH DES R PTION OF ANY INNOVATIVE DESIG`i, FEATC-RES,
DETAILSO MATERIALS OR CRAFTSMANSHIP:
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NATIONAL REGISTER? NATIONAL LAND10011~„.•~r• RECORDED TEXAS "N I,'AR ?
LOCAL. SURVEYS OB RECOG,' ION?
ADD ADDITIONAL I'N'FORMATION TO SU-PPORT CLAIM IN CHECKED CATEGORYO
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LOCUST ST. BRILL
The Locust St, n rill ks a 22} x 120' one-story brick building.
It is situated on the east side of the square and faces the
county courthouses The Locust St. Cirill is bound on both sides
by similar commercial buildings The foundation is of stone.
The front facade was reconstructed using wood siding to resemble
a turn-of-the-century storefront. The style was chosen both
because it compliments similar looking buildings on the square
and it also was the most attractive design for the type of
restaurant we wished to establish. The facade features a lit
white sign against a dark gray background. Gray was also used as
the primary color on the front, with a lighter gray and a shade
of deep red for trim. our designer chose the colors because they
were similar to color schemes popular during the late 1A00's.
The facade also features a canopy extending to the edge of the
sidewalks Three arched windows are featured across the top of the
facade, while thrte windows on the bottom offset the oak front doors
A mezzanine was constructed us_ng steel beams as support. The beams
are covered with oak wood. The mezzanine overlooks the courthouse
on the square and the bar area on the first floors
A false ceiling was removed to expose the original tin ceiling.
A layer of stucco on the interior walls was removed to expose
the original brick which was then sealed.
The restaurant was meticulously designed to capture the feel of the
turn of the century Featured are hardwood floors, brass lamp
fixtures and handrails, a diagonal tile pattern, ceiling fans
and marble tables The downstairs area features a bar, hand-tiAfted
oak booths, marble dining tables, a kitchen and restroom s
The mezzanine features a lounge which provides an excellent view
of the square, additional dining, office and storage areas.
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LOCUST ST. GRILL
The Locust St. Grill project begain in August of 19834 We wished to
open a restaurant' which would not only serve quality food but also
serve as a reminder of the rich history of the Denton Town Square.
We decided to design a restaurant which uould be harmonious with the
turn-of-the-century style of numerous other buildings on the square.
The exterior of the restaurant resembles other older buildings on the
square. The interior highlights the original brickwork of the
building and features an original pressed tin ceiling, which had
been "preserved" by a fake ceiling which we removed. We strived to
enhance the attractiveness of a town square over 130 years old
which surrounds the courthouse built in 1895-96.
Some of the most prominent founding fathers of our community at
one time owned our building. When the county seat was moved in
1856 from Alton to Denton, the land surrounding the courthouse
site was divided into lots and blocks. These blocks were then
sold at a public sale on January 1C, 1857. The first owner of the
lot where the Locust. St. Grill now stands was Otis G. Welch, A
Yale graduate, Welch was the legal advisor in the establishment
of the county seat in Denton. He also led a comrany of Denton
County recruits during, the civil war, attaining the rank of
captain in the Confederate Army.
Although we cennot find records of there being any building on the
site at this time, we feel there might have been a structure since
Welch bought the plot for sixty dollars and sold it for MO to
Joseph A. Carroll on June 9, 1858, Carroll also played a significant
role in the establishment of the county seat in Denton. He was
responsible for "laying off and subdividing" the land where the
courthouse was built and the square around it. Carroll was elected
as the Sixteenth District Judge in 1876.
In November, 1866, Carroll sold the lot to Otis Welch (the original
owner) for £480. The deed for that sale marks the first reference we
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Page 2 Locust .St, drill
find to any sort of building on the site. It states that the lot
will be sold "with the office and all improvements thereon situated."
Once again, given the small difference in the land value between
185E and 1866, we believe the buildings might have been built prior
to the sale to Welch from Carroll in 1858.
According to an affidavit filed in 1925, recorded ;.a Vol. 198, page
266, of the Deed Records for Denton County, 0. C. Welch died in
1876. (History of Denton County, by Ed Bates, on page 64, gives
the date of Welch's death as 1E?0.) Welch bequeathed the lot to
his wife, Nannie in his will. Mrs. Welch married Dward Y:owsky in
Dscember of 1879,
In 18810 Dward and Nannie Kowsky sold one-half of their interest
in the lot to Samuel Woodward of Denton for two thousand dollars.
In March of 18811 the Kowskys used the lot as collateral to receive
a five thousand dollar loan from the Scottish American Mortgage
Company Limited, of the City of Edinburg, Scotland. This led to
Woodward filing a suit against Dward and Nannie Y:owsky alleging
that because there was a lien against the property he was unable
to sell his half-interest. He desired to do no, and filed a suit
requesting that a panel of commissioners be appointed to divide
the land in question between Woodward and the Y nowskys. The suit
not only affected the lot on which the Locust St. Grill sits, but
also the entire south end of the east side of the square. The
division which resulted from the suit remains unchanged even
today. In the settlement, the division gave Woodward the lot
on which the Locust St. Grill still sits. In the commissioners
report the lot is described as containing a one-story brick building.
Between 1884 and 1890 the lot changed hands there times. First,
Samue: Woodward sold the lot to T. J. Douglass. Douglass sold
the lot two years later to Ws K. Banners, and in 1890 Penners
sold the lot to M. S. Stout.
The building remained in the Stour family until 1962, when, it was
sold to Lee Ball for twenty-one thousand dollars. The Bella
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Page `3 Locust St. Grill
maintained a furniture store in the building. In 1981, Cherry Ann
Ball sold the building to Gene Gamble. Gamble leased the building
to Bill Keith, who operated Wild Bill's Western Wear Shop. In
1983, Gamble sold the building to Robert Berg, who renovated the
structure and opened the Locust St. Grill.
One final note--Althougn records about our building are comprehen-
sive concerning ownership, we were unable to pin down exact dates
of operation for the various businesses which inhabited the site.
From conversations with old-time residents in Denton, we hive
learned that the following stores were in the buildings
C. F. Ball Furniture
Duke & Ayres Nickel Store
Smart & Thrifty Dress Shop
Paul's xestern Wear
Wild Bill's Western Wear
Locust St. Grill--currently
In conclusion, the Locust Ste Grill merits recognition, as a histori-
cal structure for several reasons:
The building represents a record of the past.
The brick walls in the interior are original.
The original pressed tin ceiling remains unchanged.
We have tried to keep the front in the style of the late 1800's
to encourage the Square to keep its historic past.
We did noc get tinted glass in our windows so that it wouls retain
the look of the late 1800'x.
Our restaurant features a number of pictures highlighting, the his-
tory of Denton County and the Courthouse Square. In that respect,
we are unique. No other public building in Denton has attempted
to accurately trace the evolution of our town square from the
late 1800'x.
Finally, the direct connection of our building to the founding
fathers of our community represents a heritage which should be
retained.
771,
f
Minutes
Historic Landmark Commission
December 10, 1984
The regular meeting of the Historic Landmark Commission was held
on Monde December 10 1984, at 4:30 p.m., in the Civil Defense
Room at~ie Municipal Building.
Present: Randall S. Boyd, Mary D. Hardin, Michael Lawrence,
Sand-,& A. Matthews, Tom Polk Miller and Carroll Rich
Absent: Sam Kinggsbury, Bullitt Lowry, Samuel J. Marino and
Jim T. liheeler
Present from Staff: Denise. Spivey, Development Review Planner,
and Tina Hill, Intern
Chairperson Mary Hardin cared the ieeting to order.
1. Public Hearing
34. This is the ppetition of Mrs. Robert Berg requesting
M(UNAPPROVED) HT-sForic landmark (H) coning designation at 104 North Locust
Street.
Mrs. Hardin asked Mi. Spivey for the current status on this
case.
Ms. Spivey replied that this public hearing had been on the
agenda last montn. Thar* had been much discussion on the
merits of the structure.
Ms. Hardin asked if there was a vote on the hearing.
Ms. Spivey replied that the vote was to table the case.
Ms. Hardin declared the public hearing open, and asked if
there was anyone present who wished to speak iu favor of
the petition.
Mrs. Geneva Berg spoke in favor of the petition. She stated
that she had submitted more back-up material from her archi-
tact in regard to the design of the front of the building.
Mr. Miller stated that the purpose of the nistoric landmark
ordinance was to preserve the past ana the commission needs
to decide if the current case is a preservation of the past
building or an alteration of it.
Mr. Miller added that you cannot enhance the structure, if
it is remodeled to a condition in which it did not previously
exist.
Mr. Miller also stated that the tax credit issue is outside
the concern of the Commission. A historic designation is
not necsssary to gat the tax credit. An owner cannot get a
25 percent tax credit unless the building ip listed on the
National Register of Historic Places or in the National
Register of Historic District. Ocher smaller tax credits
are available to simply old buildings.
Ms. Hardin asked if there are any photographs available of
the building.
Mao Spivey'replied yes there are.
Mr. Rich displayed a icturs of the structure froa a book
About the history of Benton, Texas. He explained that early
photon of the downtown area indicate rectan ulat windows,
not windows with A circular pattern. Mr, R ch also stated
that it it a pity that people do not consult the Historic
Landmark Commission before starting work on their project.
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Page 2
Kra, Berg stated that she did not know that the architect
needed to come to the meeting, ted
Lowt . e about theprotect andididn't knowysheoneededcto.
Mrs. Berg said she fortablconsult tha whole Comm salon,
Mr. Miller argued that Ellington's and/or the LawOros
ks
Building e the should
were changed marked r so drastically historic fromdthe
because
original structures,
Mr. Boyd stated that he was on the Commission when the
Ellington's case was presented to the Planning and Zoning
Commission. At that time, there was a split vote dWit
the case, but it was recommended to the Planning and Zoning
Commission.
Mr, Boyd added that he felt that they were good faith
attempts to recreate the mood of a prior era, and that it
was hard to argue that vi it is there now is an exact replica
of what was there before.
Ms, Hardin asked if Ellington's looked like other buildings
on the square (in the past).
Mr. Boyd replied that it had a New Orleans style influence.
E At this time this was the appropriate restoration style.
Mr. Lawrence contended thvvayyt the facade situation is similar
materials from the originalebuildingdwereiusedainsthearesle
toration and remodeling.
Mr. Boyd stated that although his building is designated as
a historic landmark, a good portion of it is not like what
was there before.
Ms. Hardin asked if there were any other additional comments.
No additional comments were given.
=ts. Hardin stated that the next order of business was to
consider and vote on the criteria for landmark designation.
The vote on the criteria was as follows:
1. Character, interest or value as part of the develop
went, heritage or cultural characteristics of the I `t
of Denton, State of Texas, or the United States.
2, Recognition as a recorded Texas historic landmark,
Register of lHistoric Places. 4to the i~ational
9. Embodiment type ioru specimen. (NO) characteristics of an
4. builder iwhose ninas the dividual rwork has~influenced rthe~davel•
opment of the city. (NO)
S, tatibodia nt of elements of architectural dasign' detail,
110 brials or craftsmanship which represent a slgnifi•
cl,nt architectural innovation. (NO)
6d Relationship to other disticctivs buildings, sites or
areas which are eligible for preservation accordin to
a plan based on architectural, historic or cultural
motif. (YES)
"'r t 7 1' ra n ~ti r F 1 S r yl G > _ ~t ~ 1
Do lmd Mt 40ie~19. 1954
. ~ Tare 1
7. Portrayal of the environment of a group of people in
an area of historyy characterized by a distinctive
architectural atyle. (NO)
8. Arenaeological value in that it has produced or can be
expected to produce data aff,icting theories of historic
or prehistoric interest. (NO)
9. Exemplification of the cultural, economic, social,
ethnic or historical heritage of the city, state or
United States. (YES)
10. Location as the site of a significant historic event.
(NO)
11. Identification with a person or persons who signifi-
cantly contributed to the culture and development of
the city, state or United States. (YES)
12. A building or structure that because of its location
has become of value to a neighborhood, community area
or the city. %YES)
13. Value as an aspect of community sentiment or public
pride. (NO)
Chair asked for a vote on the case.
Mr. Miller contended that there is no past here to be pre-
served. He stated that not deaf hating the butldin as a
historic landmark would not proh bit the developer from
receiving a tax credit. .
Mrs. Berg replied that she was sorry that she brought up the
subject of the tax credit. The only reason she looked into
it was because it was good business practice. She felt that
by having a historic landmark designation, it would encour-
age people to preserve downtown.
Chair asked for a roll call vote on whether to recommend
landmark designation at 104 North Locust, with the following
results: Ms. Hardin - no; Ms. Hattnews - yes; Mr. Lawrence
- yea; Mr. Miller - no, Mr. Boyd - yes.
Ms. Spivey stated that when only a quorum of five is present
at a meeting, the issue must be decided at tuast four
affirmative votes; therefore, the case will be referred to
the Planning and Zoning Commission with no recommendation.
Ms. Hardin told Mrs. Berg that she will be notified when the
j case goes to the Planning and 'Zoning Commission.
11. Considerations
A. Consider writing a guide to explain criteria for
landmark designation.
Ms. Hardin asked Ha. Spivey to discuss this guide.
Me. Spivey replied that this guide would be nelpfui to
people who are thinking about getting historic markers.
It +iould tit out gnation an guidelines
criteria for deli
to be followed in restoritiohs,
1
Mr. Boyd stated that he felt this guide would be usefulc
He alto suggested obtaining Standards of Rehabilitation
l+~M from the Interior Department,
Mr. Miller stated that he felt the criteria are useful
but not a justification for designation in themselvas. j
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PROPER17 OWNER REPLY FORMS
CITY COUNCIL
-H-34
IN FAVOR IN OPPOSITION UNDECIDED
Leo H. Will, Jr. None Laceived
108 N. Locust
Denton, TX 76201
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P & Z ,Minutes
January 2, 1985
' Page 4
A. H-34. This is the petition of Mrs. Robert S. Berg
requesting historic landmark (H) designation at
104 North Locust Street. The property is more
(UNAPPROVED) particularly described as part of lot 5, block 7,
of the Original Town Addition.
Ms. Spivey said that 17 notices were mailed to property
owners; two repply forma were received in favor, none
were received in opposition.
Geneva Berg, petitioner, referred to information sub-
mitted to commissioners stating that she feels if they
receive historic designation it would encourage other
property owners in the downtown area to do something
with their property.
Tom Miller Historic Landmark Commissioner, stated that
there is no recommendation from the Histor c Landmark
Commission to the Planningg and Zoning Commission, that
some commissioners found it unacceptable to think of
this facade as a historic landmark. He said he thinks
it is laudable and everyone on landmark commission
appreciates the remodeling of the building to enhance
the square but to rehabilitate it like it was not before
is not the same as to rehabilitate in a historic manner.
He said a landmark cannot be created `y remodeling, that
it makes a mockery to take a building which has been
remodeled like it was not before and give it historic
designation. He said this building does not look like
before and it is improper to designate it as a historic
landmark.
Mr. Sidur pointed out that Ellington's and the Lawyers'
Building were remodeled and to some extent the outside
facade is not the same as in the past but the Historic
Landmark Commission voted to approve those.
Mr. Miller replied that the Lawyers' Building looks a
little bit more like it used to than this one.
Mr. LaForte commented that three commissioners voted to
designate this building.
Mr. Miller said that since only five commissioners were
present, four affirmative votes were necessary for a
recommendation and there were only three affirmative
votes:
Mr, Pe%Arson asked why people come to the commission for
historic landmark.
Mr. Miller said some people have a primary interest in
history and want to preserve it,
J1 ~rt ) y ea<n~rs n uf~ e.~~~,, wr"P w4r° •G~r~~ i. r~ tn
Y~ r 4 5 .Y ~ i v3 f - ~L ~N,, ,v nr ' fit. ~ f ~ X11 t.~1 r r7 r 1!k ~ 7, ~ ~1 e t
P & Z Minutes
January 2, 1985`
Page 5
Mr. Pearson asked about tax considerations and Mr. Miller '
replied that tax advantages are available for any reha-
bilitation of an old building if done by guidelines. He
said that for a historic tax credit a building has to be
accepted by the National Trust and each step of restora-
tion has to be approved; final approval is given by the
Department of Interior.
Chairc.an pointed out that of the 13 possible criteria,
four received affirmative votes.
Mr. Miller answered that designation is by criteria, but
not criteria alone; that if some outstandiog thing exists
historic designation could be awarded with only one cri-
terioa. He said it has to ppresent to the public some-
thing from the past. He said exterior is the only thing
the landmark commission is concerned with, that they have
authority to consider outside facade as the public sees
it, that if it is remodeled like it was not before it is
not historic.
Ms. Spivey continued staff report stating that peti-
tioner feels property is worthy of designation because
1) property was owned by a couple of prominent people
in city, Joseph A. Carroll and Otis G. Welch, whose
influence is seen today in streets and governmental
buildings bearing their names; 2) pr•:)perty is located
in downtown area and they hope recognition of their
efforts will encourage other property owners in pre-
serving downtown area; 3) architectural condition of
building merits historic designation. She further
stated that petitioners recognize that the current
facade is not an exact replica of earlier one but they
feel it is a good faith attempt to recreate the style
of a particular era. She advised that Historic Landmark
Commission approved the request 3-2; however, since only
five members were present and ordinance requires four
affirmative votes, there is no recommendation from
Historic Landmark Commission. She said that Historic
Landmark Commission voted on criteria and approved the
followi»g:
1. Relationship to other distinctive buildings, sites
or areas which are el±,gible for preservation accord-
ing to a plan based on architectural, historic or
cultural motif.
2. Exempplification of the cultural economic, social,
ethnic or historical heritage 61 the city, state
or United States.
i e'y~"",},"'° 7" « }3' + fq r Y t I 1~ 1~ rf at ,6
A* o?r. t C r y e p K q E i, st'7: , i f ' s c ~ ~ i ✓,,s ~ { .`a r~ ,5.
2, S e
P & G Minutes'
January 2, 1985
Page 6
3. Identification with a person or persons who
significantly contributed to the culture and
development of the city, state or United States.
4. A building or structure that because of its loca-
tion has become of value to a neighborhood, com-
munity area or the city.
Mrs. Berg stated that she a revs with staff's statements.
Her feeling is that other old buildings should not be
torn down, that in order to preserve downtown it is
necessary to remodel. She said she wants to preserve
her children's heritage, she wants them to see old
buildings.
Chair declared public hearing closed.
Mr. LaForte moved to recommend approval of H-34 stating
that he agrees with Mr. Miller that building is not like
it eras but feels that approval is justified. He quoted
from ordinance which defines historic landmark as any
building, etc. which the City Council determines shall
be protected, enhanced and preserved in the interest of
the people. Seconded by Mr. Sidor.
Chairman said in this particular case he feels there is
some justification for designation, that the original
tin ceiling and brick walls have been retained. He said
he agrees with Mr. LaForte.
Vote was called and motion carried (5-1). Mr. Pearson
voted no.
S IN,' w ~"''i .u 40. p a yq' `ki s! A f a F f
r~'~ I ~ _ 1s iri p.~ n
bAiti 02-
CITY COUNCIi. REPORT FORMAT
T0: Mayor and Members of the Ciky Council
FROM: G. Chris Hartung, City Manager
SUBJECT: ZONING CASE Z-1716.
RECOMMENDATION: The Planning and Zoning ComeAission considered this item at
its meeting on January 2, 1985 and voted 6-0 to recommend
approval subject to the applicable provisions contained in
the Municipal Airport Zoning Regulations (Order 81-1).
SUMMARY: This Is a tract of 2.5 acres situated south and abutting US
Hwy 380 and east of Egan Road.
BACKGROUND: The site is located in a moderate intensity center which to
relatively undeveloped and far below planned capacity in
terms of Intensity standards. The site is within the area
controlled by the Airport Zoning Act but outside of the
restricted noise contours of 90 CNR.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not Applicable
FISCAL IMPACT :
Not Applicable
~esp ?~fq)y submi Ledo
t
0. hris Hartun
City !tanager
Prepared by:
N c.o ci•~--~
Harry reaud
Development Review Planner
App ve
Jeff
tie
Dieecto~ of Planning
and Community Development
0538]
r7, 7P 77 7 i{,
r{ < ;..+'1°.Y a f t8 r> r r+ S r 1
x i
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To: Denton City Council
Case No.: Z-1716 Meeting Date: February 5, 1985
GENERAL INFORMATION
Applicant: Melvin Gouge representing
Lela Sparkman
Status of Applicant: Owner
Requested Action: Change in the zoning classification
from the agricultural (A) to the
office (O) classification
Purpose: Office development
Location and Siza: Approximately 2.S acres situated
south of and abutting U.S. Hwy 380
and east of Egan Road
Existing Land Use: Agricultural (A) vacant
Surrounding Land Use
and Zoning: North - Agricultural (A) vacant
south - Agricultural (A) vacant;
East - Agricultural (A) vacant:
West - Agricultural (A) vacantr
Denton Development Guide: Area itylocater,in a :moderate
SPECIAL INFORMATION
Public Utilities: The site is not currently served with
water or sanitary sewer. Lines would
need to be extended from proposed
water or sewer facilities located at
March Road, approximately 800 ft.
t r
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( m
=(Casi~~1 Z-116)
Paga Two
SPECIAL INFORMATION (Continued)
Transportation: This site abutts U.S. Hwy. 380, a
primary major arterial road on the
Denton Thoroughfare Plan. Access to
the site shall conform to the Denton
Subdivision and Land Development
Regulations.
Drainage: This site seems to be within the
flood plain. Detailed engineering
study will be required at the
platting stage to determine finishes]
floor elevations and other drainage
improvement works to be done.
ANALYSIS
~I
The proposed zoning change from agricultural (A) to office (O)
zoning classification is consistent with the Denton Development
Guide policies.
1. Moderate Activity Center
I
The site is located within a moderate activity center south of
U.S. HWY 380 and west of I-35N. The Denton Development Guide
allows for flexibility and diversity of land uses within
moderate intensity areas. The size of these centers may vary
depending on the actual mixture of land uses which are
established. For example, commercial land uses which generate
higher intensities will result in a smaller size center, whereas
parks and government buildings with relatively lower intensities
will spread over a larger area.
The larger part of this moderate activity center is currently
zoned agricultural (A) and relatively undeveloped at this time.
The intensities based on existing land use and zoning is far
below planned capacity. The proposed office zoning classifi-
cation on this site will generate approximately 875 intensity
trips equivalent to 350 t/d/ac.
2, Airport Zonina Act
The site is located within the controlled area as defined by the
Airport Zoning Act and the use and development of land in this
arse is regulated by the Denton Municipal Airport Zoning
Ordinance (order 81-1). The site, however, is outside the 90
CNR noise contour and sound control m648ures are not required n,
building design, Since the site is also outside of the approach
zones, no restriction on building height is required,
71 '71, l R
> a J"si f Y !r 1 a r v r i y 4/,
dy
(Case N Z-1718)
Page 'three
RECOMMENDATION
The Planning and Zoning commission considered Z-1716 at the
January 2 meeting and voted 6-0 to recommend approval subject to
the provisions contained in the Denton Municipal Airport Zoning
Regulations (Order 81-1)
ALTERNATIVES
1. Approve petition
2. Deny petition
ATTACHMENTS
1. Location Map
2. Reply f6M totals
3. Property owner list
4. Minutes of the Planning and Zoning commission meeting of
January 2, 1986
0538]
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
8-1716
IN FAVOR IN OPPOSITION UNDECIDED
None Received None Received
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51
P & Z Minutes
January 2; 1985
Page 8
0. z-1716. This is the petition of Melvin Gouge (realtor),
representing Lela Sparkman (owner), requesting a change
n the current zoning classification from agricultural
(UNAPPROVED) A) to office (0) on a tract of 2.5 acres situated south
of and abutting U. S. Highway 380, east of Egan Road,
and being the most southern portion in the southwest
corner of the Thomas Egan Survey, Abstract #406. If
approved, the said tract of land may be used for any of
the purposes permitted in the zoning ordinance of the
City of Denton.
Mr. Persaud said that one notice was mailed to prop-
erty owner, no reply forms were received in favor or
in opposition to request.
Melvin Gouge, builder, stated he is requesting change to
office zoning in order to build a small one story office
building for Dr. Thacker, that parking will be provided.
No one apoku in opposition to request.
Mr. Persaud continued staff report stating that property
is apparently located within flood plain or floodWMy
that an engineering study during platting process will
determine finished floor elevation of building. He said
the area is located within a moderate activity center
which is largely undeveloped and zoned agricultural, that
proposed use will generate approximately 875 t ' I inten-
sity trips. The Development Guide allows for t.dxihility
and diversity of land uses within a moderate intensity
area. The site is located within the control area of
the airport zoning ordinance; however, it is outside the
90 OR noise contour and no sound control measures are
required. It is also outside approach zones so there is
no restriction on building height. Staff recommends
approval subject to provisions contained in airport
zoning ordinance.
Petitioner offered no rebuttal.
Chair declared public hearing closed.
Mr. LaPorte moved to recommend approval of Z-1116 under
provisions contained in the airport zoning ordinance.
Seconded by Mr. Pearson and unanimously carried (6-0):
R R
! r a !M a yip ~y M s0. Y- Ri
M r V, ~ .n1 _ ""`5 I 41 ! n x'~yy rq{ ~ . 4
► I, DATKi 02-0545
CITY COUNCIL REPORT FORMAT
TO,. Mayor and Members of the City Council
FROM., G. Chris Hartung, City Manager n
SUEJECTe ADOPTION OF AN ORDINANCE APPROVING A. ZONING CHANCE (Z-1716)
RECOMMENDATION: Planning and Zoning Co•amission considered Z-1716 at its
meeting on January 2, 1985 and voted 6-0 to recommend
approval.
SPRY- This is a tract of 2.5 acres situated south of and abutting
US Hwy 380 and east of Egan Road.
BACKGROUND: The site is located in a moderate intensity center which is
relatively underdeveloped and currently far below planned
capacity.
PMRAM. DEPARTMENTS OR GROUPS AFFECTIK t
Not Applicable
FtSCAL 1NPAM
Not Applicable
r ct u eubmi ted:
C. hr s Hartu~
City Manager
Prepared by: r
Harry rsaud
Development Review Planner
Ap ov
Jaff a
Director of Planning
and Community Development
0536j
e^~f h, °('~''nn,. 1-ps yv b y~ 9 i tl`pA -b+ .lg xa a n-c ~t =4,4 l il! ~ ~'111~~
0985E
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDI-
NANCES OF THE CITY OF D£NTON, TEXAS, BY ORDINANCE NO. 69-i, AND
AS SAID MAP APPLIES TO APPROXIMATELY 2.5 ACRES OF LAND SITUATED
IN THE THOMAS J. EGAN SURVEY, ABSTRACT NO. 4061 DENTON COUNTY,
TEXAS AND LOCATED SOUTH OF AND ABUTTING U. S. HIGHWAY 3801 EAST
OF EGAN ROAD, AND BEING THE MOST SOUTHERN PORTION IN THE
SOUTHWEST CORNER OF THE THOMAS EGAN SURVEY; TO PROVIDE FOR A
CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM
AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO OFFICE "011
DISTRICT CLASSIFICATION AND USE FOR SAID PROPERTY; AND DECLARING
AN EFFECTIVE DATE. , .
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1.
That the Zoning Classification and Use designation applicable
to all or part of the property described below is hereby charged
from Agricultural "AI' District Clas,A fication and Use to Office
"0" District Classification and Use under the Comprehensive
Zoning Ordinance of the City of Denton, Texas:
All that certain tract or parcel of land situated in the County
of Denton, State of Texas, being out of the Thomas J. Egan
Survey, Abstract Number 406, and being part of a tract comreyed
by Bankers Life Company to Fred Freeman by deed dated January
31, 19310 shown of record in Volume 236, Page 146, Deed Records
of Denton County, Texas, and more particularly described at
follows:
BEGINNING at the most southern southwest corner of the said
Thomas J. Egan Survey, same being the northwest corner of the E.
A. Orr Survey;
THENCE north with the west boundary line of the said Egan Survey
to the south boundary line of State Highway No. 24;
THENCE in an easterly direction with the south boundary line of
said Highway No. 24 to a point where the south boundary line of
said Highway intereecta the south boundary line of said Egan
Survey, for corner,
THENCE west with the south boundary line of said Egan Survey to
th place of beginning, containing 2.1/2 acres of land, more or
less, and being the same tract of land conveyed by Grover C.
Graham and wife to Leon D. Sparkman and wife, by deed dated
February 23, 1948, and recorded in Volume 343, Page 108 of the
Denton County Deed Records.
SECTION II.
The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 19690 as an Appendix to the Code of
Ordinances of the City of Denton, Texas under Ordinance No.
69.10 be, and the same is hereby amended to show such change in
District Classification and Usa.
Z•1116/LELA SPAIII W/PAGE 1
i7'fa ~k 4.i r~ 't1*sf f r.f µ fp 7 t.. v f,~ M1*a .x.y~ r',7 ~`y ~t-t r :c' as *'k 'Q~~„~` d'r ff r ~ ~e'~' A"15 a^Y-i t'V
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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 ggeneral welfare of the
City of Denton, Texas, and with reaconable consideration, among
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view t,)
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION 1V.
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 Plannin3 and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the day of ,1965.
RICHARD 0. STEWATO KAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE 1 CITY SECREURY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
Z-1116AELA SPAAKMAN/PAGE 2
i ,s y f+. kY .R 1 yr .'1 ! V Y ! x 1" ;S
r x r 1 Z v i ti. 3 .k,1- ( >L yt 3 A 1 7 ry } y
1 Y f 7a Y Y p: i M1 4 4 qfF DATE: 02/05/85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: PUBLIC HEARING ZONING CASE Z-1717
RECOMPMATION:
The Planning and Zoning :ommisssion considered this item at its
meeting of January 2, 1985 and voted to recommend approval of Z-1717
by a vote of 6-0.
SUMMARY:
This is a request for a change from the agricultural, (A) district
to the planned development (PD) classification for light industrial
use on a 94 acre tract located on the east side of Mayhill Rd.
approximately 1600 feet south of F.M. 426 (E. McKinney St.).
BACKGROUND:
This site is located in a high intensity area where little or no
control of intensity is proposed. The request is consistent with
Denton Development Guide policy of prohibiting residential
development within 2500 feet of the Wastewater Treatment plant.
PROGRAMS,t DEPARTMENTS OR GROUPS AFaECrED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fun:.
R y sub fitted:
Chris Hartung
City Manager
Prepared by:
3eAn se 5~+se-
Development Review Planner
Appr ed:
Je Me er.,_
Director of r4nnieg
and Community Development
09908
k f r.^ v l Ry `^+a ~,7 rw x Y t
1
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To: Denton City Council
Case No.s Z-1717 Meeting Dates February 5, 1984
GENERAL INFORMATION
Applicants Burt Singleton
410 East Highway 121
Lewisville, TX 75067
Statue of Applicants Prospective buyer
Requested Actions Change in zoning from the agricultural
(A) district to the tlailfiid developtkent
(P>?) distYiCtfo~r2ight indsist"~~~1 ruses
Location and Sizes A 94 acre tract located on the east aide
of Mayhill Road approximately 1,600 feet
south of F.M. 426 (E. McKinney Street).
Existing Land Uses Agricultural (A)
Surrounding Land Use
and Zoning: North - Single family, vacant; outside
city limits
South - Sewane treatment plant; LI,
specific use permit
East - Pecan Creek, agriculturel
outside city limits
West - Single family, vacant; A, LI
Denton Development Guides Area is designated as high intensity.
SPECIAL INFORMATION
Drainages Some of this property is in the flood
plain and extensive drainage analysis
and flood plain map amendments will be
required before building permits can be
issued.
Transportations This tract has frontage on Maybill
Road► a secondary major arterial,
Perimeter street paving regulations
will be enforced on the Mayhill Road
V", •~v .yt~_~,y~l.f5 y rttx Y: ~w ~ f.-.'~
Y s ? y 2.;
(Case Z-1717)
Page 2
SPECIAL INFORMATION (continued)
Transportations frontage of the property. 0£f-site
(Continued) road improvements may be needed.
Utilities: The existing 8" water line along
Mayhill Road will not supply adequate
fire flow for light industrial
requirements. The 33" sewer line
running along the north and east
boundaries of this property should
have enough capacity remaining in it
for this property.
ANALYSIS
This site is located in a high intensity area. Little or no
control of intensity is proposed for high intensity or major
activity centers. In general, major activity centers are
expected to be the major industrial, commercial and employment
centers of the City.
More important in the analysis of this case is the location of
the tract adjacent and north of the Wastewater Treatment Plant.
The Denton Development Guide specifically states that no
additional residential development should be zoned within 2,500
feet of the Wastewater Treatment Plant and that residential
development should be discouraged between 2,500 to 4,000 feet
from the plant. Furthermore, the Utility Department recommends
that the area within 2,500 feet of the plant be utilized for
industrial purposes, prefevably industries that could utilize
the effluent from the plant as cooling water or in other
processes requiring lower quality water.
The petitioner in this case applied for light industrial (LI)
zoning classification. Upon further evaluation of the ease,
staff feels that planned development (PD) for light industrial
use is the best alternative. The planned development (PD)
classification will allow the attachment of conditions that will
enable the City to control the land use adjacent to the Water
Treatment Plant.
I S V y +y
`t r ~ r i ' l~ a5 r: F '7 rty 4YrT.. ~<'+'s~a ~ij ".P JrV f Q'a~ t ,
(Case Z-1717)
Page 3
RECOMMENDATION
The Planning and Zoning Commission recommends approval of Z-1717
by a vote of 6-0 with the condition that the following land uses
will be prohibited in the approved planned development (PD)%
Amusement, Commercial (outdoor), Drag Strip
or Commercial Racing
Asphalt or Concrete Hatching Plant (permanent)
Brick Kiln or Tile Plant
Dormitory, b,)ardinq or Rooming House
Dump or Sanitory F:11 Area
Cemetery or Mausoleu,"
Extraction and Sale o,` Sand, Caliche, Stone,
Clay or Gravel
Fairgrounds or Exhibit A, • 3
Go-Cart Track
Halfway House
Hatchery, Poultry
Hauling or Storage Company
Heavy Machinery Sales and Storage
Home for Care of Alcoholic, Narcotic or
Psychiatric Patients
Livestock Auction
Livestock Feeding Plant, Pens or Yards
Mining or Storage of Mining Wastes
Open Salvage Yard for Rags or Machinery, etc
Petroleum Collecting or Storage Facilities
Private Utility Shop or Storage Yard
Residential
Rodeo Grounds
Sand, Gravel or Earth Sales or Storage
Stable, Commercial Rental
Stable, Boarding
Stable, Private Club
Storage and Sales of Furniture or Appliances
Outside a Building
Theater, Drive-In
Tire Re-Treading or Capping
Tool Rental
Trailer Camp or Mobile Home Park
Trailer Rental or Sales
Used Auto Parts Sales
ALTERNATIVES
1. Approve petition
2, Modify petition to planned %..:Fvelopment
3, Deny petition
r r q; d.~~ r x b~
r 5 f b i KP. r . ' w Y,.~ ,•.'tt':e s b$• i» ..rro FYI
-
(Case 2-1717)
Page 4
ATTACHMENTS
1. Map
2. PD Concept Plan
3. Property Owner List
4. . Reply 'Form Totals
_SPlaniling`and_Zoning Commission minutes of January 2 1985
0937g
i
i
CONCEPT PLAM Z-1717 i
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1717
IN FAVOR IN OPPOSITION UNDECIDED
Martino Realty Company None Received
David C. Martino
P. 0. Box 2306
Denton, TX 76202
382-2531
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P & Z Minutes
January 2 1985
Page D. D. Z-1717. This is the petition of Burt Singleton
requesting a change in zoning from the agricultural (A)
classification to the light industrial (LI) district on
(UNAPPROVED) an approximately 94.3 acre tract in the Gideon Walker
Survey, Abstract 1330. The property is located on the
east side of Mayhill Road approximately 1600 feet south
of FM 426 (East McKinney Street) and is more particularly
described as 't'racts 1F, 1F1, 1C, lA and lE of the Gideon
Walker Survey, Abstract 1330.
Ms. Spivey said that 16 notices were mailed to property
owners, no reply forms were received in favor or in
opposition.
Burt Singleton, petitioner, stated that he is purchasing
four tracts for purpose of developing. At the present
time eight homes and t,.o mobile homes are located on
tract 1; that tract 2 contains one rental property;
that a house burned on tract 3 and there has been no
reconstruction; that the 84 acre tract 4 is owned by
an investor. He said he feels light industrial use
is best use of property.
On question from Chairman, Mr. Singleton said he is
aware that staff is recommending a planned development,
that he agrees that no residential use should be made
of property as it is located near the sewage treatment
plant. He also agrees with list of uses deleted from
light industrial classification. He said he understands
restrictions and agrees to abide by them.
Brian Burke, engineer, said that approximately 10 acres
of property will remain in the flood plain, that lie gave
that information to Mr. Singleton and he recognizes the
problem. He said they had also discussed those things
that would come up at time of development such as utili-
ties) perimeter street paving, water and sewer extension.
Frank Davila said he owns one of the tracts and is in
favor of rezoning. He said that Trammell Crow's devel-
opment is across the street and he feels industrial
development is appropriate. He said he is happy the
city is exercising control over all development in the
city.
Jim Felton stated he is in favor of request.
L. L. Wilkerson stated he owns property to south and
feels that if this property is zoned light indutrial
it will help him.
No one spoke in opposition to request.
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P Six M.iuutes
January 2, 1985
Page 10
Ms. Spivey continued staff report stating this is a high
intensity area, that little or no control is proposed
for high intensity centers. She said that property is
adjacent to wastewater treatment plant and Development
Guide specifically states that there should be no resi-
dential development within 2,500 feet of plant and dis-
courages residential development 2,500 to 4,000 feet
from the plant. In addition, utilities department
recommends that the area within 2,500 feet of plant be
utilized for industrial purposes. She said that staff,
after evaluating the request, recommends approval of a
PD rather than straight light industrial zoning to allow
attachment of conditions to control land use adjacent to
wastewater treatment plant.
Mr. Pearson asked about expanding Mayhill Road and
Ms. Spivey said that petitioner has agreed to dedicate
right-of-way at appropriate time. Mr. Pearson asked if
it will be handled all at one time and response was that
each property owner is responsible for his piece, that
it is either done at that time or bond or escrow por-
tions. Mr. Pearson said his concern is whether trans-
portation lanes are adequate.
Mr. Clark advised that property owner would be respon-
sible for his property and city would pick up additional
needed for oversize. He said that offsite improvements
may be needed.
Petitioner offered no rebuttal.
Chairman asked if there were any questions and Richard
Moon, Route 7, Box 48, responded stating he lives across
from Mr. Wilkerson. He said that since being annexed
into city electricity and water have been provided but
sewer system is a concern. He said he would like to see
all of area developed but don't need development if don't
have sewer facilities.
Mr. Ellison responded stating that it would be property
owner's responsibility to connect to facilities as devel-
opment occurs or facilities are provided with CIP funds.
Mr. Wilkerson said raw sewage is running into creek at
present time, that he would like the sewer problem taken
care of before any new development.
Chair declared public hearing closed.
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P & Z Minutes
January 2 1985
Page 11
Mr. LaForte moved to recommend approval of Z-1717 as
a planned development (PD) for light industrial uses
with the condition that the following land uses will be
prohibited in the approved PD;
Amusement, Commercial (outdoor), Drag Strip
or Commercial Racing
Asphalt or Concrete Batching Plant (permanent)
Brick Kiln or Tile Plant
Dormitory, Boarding or Rooming House
Dump or Sanitary Fill Area
Cemetery or Mausoleum
Extraction and Sale of Sand, Caliche, Stone,
Clay or Gravel
Fairgrounds or Exhibit Area
Go-Cart Track
Halfway House ,
Hatchery, Poultry
Hauling or Storage Company
Heavy Machinery Sales and Storage
Home for Care of Alcoholic, Narcotic or
Psychiatric Patients
Livestock Auction
Livestock Feeding Plant, Pens or Yards
Mining or Storage of Mining Wastes
Open Salvage Yard for Rags or Machinery, etc
Petroleum Collecting or Storage Facilities
Private Utility Shop or Storage Yard
Residential
Rodeo Grounds
Sand Gravel or Earth Sales or Storage
Stable, Commercial Rental
Stable, Boarding
Stable, Private Club
Storage and Sales of Furniture or Appliances
Outside a Building
Theater, Drive-In
Tire Re-Treading or Capping
Tool Rental
Trailer Camp or Mobile Home Park
Trailer Rental or Sales
Used Auto Parts Sales
Seconded by Mr. Escue and unanimously carried (6-0).
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DATE: 9210,10`
CITY COUNCIL REPORT FORMT
TO., Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: PUBLIC HEARING ZONING CASE Z-1720
RECOMMENDATION:
The Planning and Zoning Commission considered this item at its
meeting of January 16, 1985 and voted to recommend approval of
Z-1720 by a vote of 7-0.
SUMMARY:
This is a request for a change from the agricultural (A) classifi-
cation to the general retail (GR) district on a 2.9 acre tract in
the Stephen Hembrie Survey, located at the northeast corner of
Robinson Road and Teaslel Lane (FM 2181).
BACKGROUND:
This originally designated moderate area was redesignated as a low
intensity area by the realignment of Loop 288. The Planning and
Loning Coumission recosmends approval of Z-1720 due to the above
factor.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund.
p c ly subm ted:
G. Chris Hartung a
City Manager
Prepared by:
Denise Spi ey
Development Review Planner
App ved•
Jeff Me a
Director of Plannis6
and Community Development
09906
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PLANNING AND ZONING' COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
a
To: Denton City Council
Case No.: Z-1720 Meeting Date: February 5, 1985
GENERAL INFORMATION
Applicant: R. J. Button
Rt. 7, Lakewood Estates
Denton, TX 76205
Status of Applicant: Owner
Requested Action: Change in zoning from the agricu2Wral
(A) district-with' a`_ spec fict,ns6fpermi
t6 the'gen6rat,
reta l'(GR) dis`ti ~c
Location and Size: A 2,9 acre tract in the Stephen
Hembrie Survey, located at the
northeast corner of Robinson Road and
Teasley Lane (F.M. 2181).
Existing Land Uses Vacant
Surrounding Land Use
and Zoning: North - Lakewood Estates Mobile Home
Park, vacant; S-166
South - Vacant, Agricultural; outside
city limits
East - Lakewood Estates, vacant;
S-166
West - Vacant, agricultural; outside
city limits, PD-22
Denton Development Guide: Area is designated low intensity.
SPECIAL INFORMATION
Drainage: This site is not located in a flood
plain. There will be some d}ainaga
across Teasley Lane to this area.
Culverts needed along Teasley Lane
should be sized.
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(Case # Z-1720)
Page' Two
SPECIAL INFORMATION (Continued)
Transportation: This tract has frontage on Teasley
Lane (F.M. 2181), a state highway
designated as a primary major
arterial and Robinson Road, a local
residential street. Improvements can
be required along Robinson Road.
Sidewalks will be required along
Teasley Lane and Robinson Road.
Public Utilities: An eight inch (8") water line is
available on the west side of F.M.
2181. A 12" sanitary sewer gravity
main is located 2,600 feet east of
F.M. 2181 and 1,423 feet north of
Robinson Road. Electric, gas and
telephone service is available to the
site.
ANALYSIS
This site is located in a low intensity area as designatee by
the Denton Development Guide. The intensity standard for the
area is not violated due to the lack of total development in the
area. In October of 1984, the Planning and Zoning Commission
approved a mixed use planned development (PD) at the so:thwest
corner of Teasley Lane (F.M. 2181) and Ryan Road. The i1 acre
tract contains four (4) acres of general retail zoning. The
Denton Development Guide specifies that concentrations of
office/retail land use be limited to four (4) acres in low
intensity areas. If this request is granted, there w!ll be a
total of seven (7) acres of general retail (GR) zoninj in this
area. The above mentioned PD has not been approved ly the City
Council as annexation is still pending on the tract.
The petitioner wishes to point out that his extensir,n of
utilities to this site has opened this area for development.
The above mentioned planned development (PD) will rtilize the
utilities that the petitioner has installed. This section of
the specific use permit was reserved for future development on
the original site plan.
The Teasley Lane/Ryan Road, Robinson Road intersr,etion area was
originally designated as a moderate intensity area by the Denton
Development Guide due to that corridor being th( location of the
southern alignment of Loop 288. The Loop 288 a.ignment and
corresponding and moderate intensity nodes have been shifted to
the south thereby changing this site to a low ntensity area.
The petitioner's plans for this tract were based on the original
Development Guide policy for this area.
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It (Case Z-1720)
Page Three
RECOMMENDATION
The Planning and Zoning Commission recommends approval of Z-172Q
by a vote of 7-0.
ALTERNATIVES
1. Approve petition
F 2.
Deny petition
ATTACHMENTS
1. Map
2. Property Owner List
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
2-1720
IN FAVOR IN OPPOSITION UNDECIDED
Lakewood Estates Nona Received
Button/Ziff Properties
R. J. Button
Route 7
Denton, TX 76205
566-5573
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P 2 Minutes
January 16. 1985
Page 3
to disrupt the flow of traffic on this major thorough
fare. Parkway has been designed for residential
access and curb cuts or that side would encourage
undesireable site design and traff.c flow.
On question from Mr, LaForte, Mr. Ellison stated he
did not know how long the Red Cross had been using
their current facilities as an office. He added it
could have been since prior to 1969.
On question from Mr. Juren, Mr. Persaud stated yes,
office zoning would generate more traffic than multi-
family. He gave the generation trips per day for both.
On question from Mr. Pearson, Mr. Clark stated Carroll
Boulevard as is, is as large as has been projected.
Mr. Ellison stated the Development Guide does allow
for selected nodes to be developed for multi-family
and office development subject to certain site con-
ditions. He stated the office at Congress and Carroll
Boulevard was approved by City Council with smaller
setbacl3 and it is too close to the other residents in
the area.
Mr. Utasd %n rebuttals stated the garage *Lown in the
picture: h~i distributed, will he removed which will
allow for more parking. The curb cut is 40 feet from
the corner of Parkway and there is no visibility ob-
struction to his knowledge. He stated homes built in
the 20's and 30's are beautiful homes and are worth
preserving and stated he would hate to tear it down,
rather he could like to spend more to fix it up.
On question from Mr. Claiborne, Mr. Uland stated yeas
the main ingress - egress would to Carroll Boulevard.
Chair declared the public hearing closed.
Mr. Pearson stated if we continue to permit additional
office and commercial development on Carroll Boulevards
it will increase the traffic.
Mr. LaPorte commented he feels it is unfair to
Mr. Uland as there already exists office zoning in
the areal however, since further office and :ommerciai
development in this area is discouraltds he intends
to vote against the petition.
Mr. Sidor commented he feels this would threaten
further development of office and commercial on
Carroll Boulevard and he intends to vote against
the proposal.
Mrs Escue Lade a motion to deny 2-1719. Seconded by
Ms. Cole and unanimously carried (7-0).
B. r-1720, This is the petition of R. J, Button request-
1 nay a change in zoning from Specific Use Permit 166
(Lake-wood Estates Mobile Home Park) to the general
retail (OR) zoning district on a 2.9 acre tract
situated in the Stephen Hembrie Surveys Abstract 643.
The property is Located at the northeast corner of
Robinson Road Aar! FM 2101 (Teas ey Lane).
Me. Spivey stated there were three reply forms mailed
t'j property owne'rsi 2 were returned in favor and zero
in opposition.
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P It 2 Minutes
January 161 1983
Page 4
Mr. R. J, Button, owner of the tract, distributed a
brochure to the Commission and he stated has been
printed for a couple E years prior to the construc-
tion of Lakewood Estates, which included the 2.9 acre
proposal. He stated six months ago or longer, this
area was classified as medium intensity and the boun-
dary was moved back to Hickory Creek and has now been
changed to low intensity. Mr. Archer, who owns the
property across from his, came in with a request for
retail zoning and it was approved. He stated he wasn't
aware the area was going to cha.!4a or he world have
come in before Mr. Archer .-.1 rezoned his property. He
continued in Phase I of Lakewood Estates, we extended
an 8 inch water line from Ryan Road to service the
development in Phase I. Then in Phase II, extended it
to service Phase 11. He added since he has extended
the water line, it has opened up the whole area. He
stated if denied, he doesn't know what could be done
to that corner lot, as it is zoned for mobile homes.
He stated he was proposing to put in a cleaners and/or
a convenience store. e
Mr. Sidor asked, when the specific use permit was
applied for to allow a mobile home park, if he
proposed general retail for that corner.
Mr. Button stated he did not as he didn't feel the
need to develop it as general retail at that time. It
was in the country.
No one spoke in favor or in opposition to the request.
Ms. Spivey stated this cite is located in a low in-
tensity area. She added the intensity standard for
the area is not violated due to the lack of total
development in .he area. The Denton Development Cuide
has a policy limiting retail concentrations :n low
intensity areas to four acres. These conaentt:1ktions
can be separated by _ne half mile or one half the in-
tensity area length. She stated in October 19J4, the
Planning and Zoning Commission approved a 31 acre mixed
use planned development at the southwest corner of
Teasley Lane and Ryan Poad. This site contains four
acres of general retail zoning on the corner. Since
theme sites are within one half mile of each other,
there will be a total of seven acres of 3eneral retail
zoning in this area if this request is Approved. She
added at first glance, 3enial seems to be the obvious
recommendation but several other issues should be
considered.
She continued, the afore mentioned four acres of
retail zoning has Dien approved by the Planning and
Zoning Commission but has not yet gone to the City
Council because annexation is not yet complete on this
tracts so the zoning is not technically approved. She
added Mr. Button has shown this tract as being reserved
for retail purposes since the beginninngg of his entire
development, She stated at the time o! his original
plan, the area was designated by the Development Guide
as a moderate intensity area uecause the southern
extension of Loop 288 was scheduled for that alignment.
Tice new alignment has been moved further south to
Hickory Creek Road and the moderate arms have been
shifted to that alignment, She stated Mr, Sutton in-
stalled the utilities that will make it possible for
Mr, Aichgk and others to develop in that area, It
seems hardly `fair to deny him the use of those
utilities in developing his own property.
L
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January 161 1985
Page 5
In conclusion, Me, Spivey stated if the Comm IaaIon~A
decision is influenced strictly by the Development
Guides you would recommend denial of this case, but
there are extenuating factors to be considered and
those may influence your decision. In effect, staff
has no recommendation.
On question from Mr. Pearson, Me. Spivey stated
perimeter street paving would apply on Robinson Road.
Mr. Button, in rebuttal, stated his only purpose in
presenting the brochure was to say that the reality of
life doesn't seem to turn out like you want it to. Mo
stated this case would technically get to City Council
before Mr. Archer's case then he wouldn't be violating
anything.
On question from Mr. Pearson, Mr. Button stated he was
proposing a one story convenience store, cleaners and
maybe a take-out pieta establishment.
On question from Mr. Sidor, Mr. Button stated he has
84 acres and 410 lots and added his density is lower
than required.
Chair declared the public 'fearing closed.
Mr. LaForte made a motion to recommend approval of
Z-1720 to change a 2.9 acre tract from agricultural
with a specific use permit allowing a mobile home
park to general retail Seconded by Mr. Sidor.
Mr. LaForte commented that the Development Guide is
a guide and not a concrete plan. He added Mr. Button
has teen an asset to this community.
Mr. Sidor commented that he fe9la this area of 84
acres, with 410 lots, 2.9 acres of general retail is
not exorbitant.
'4r. Pearson statei he agrees with Mr. LaForte and
Mr. Sidor and he feels there will be a need for
general retail in this area.
Mr. Morris stated the wording on the agenda should
actually have been worded a change in coning from
agricultural (A) with a specific use permit allowing
a mobile home park to general retail (GR). He added
mobile home parks are not allowed in a general retail
area.
On question from Mr. Sidor, Mr. Morris stated no, this
is not an amendment to the specific use permit, but
just wanted to clarify the wording of the agenda.
Voto was called and motion passed unanimously (7-0).
C. 2-1721, This is the petition of Alpha Joint Ventures
requesting a change in coning from the single family
(SF-7) district to the planned development (PD) classi-
fication on a 4.4 acre tract situated in the Alexander
Hill Survey, Abstract 623. The property is located at
1213 Bernard Street. If approved, the planned develop-
sent will permit the construction of fifty-four (54)
townhome units.
a:
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CIO COUNCIL REPORT FORMAT
T0: Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: PUBLIC HEARING ZONING CASE Z-172
RECOMMWATION:
The Planning and Zoning commission considered this item. at its
January 16, 1985 meeting and voted to recommend approval of Z-1721
by a vote of 4-3.
S Yt
This is a request for a change in zoning from the single family
(SF-7) district to the plannad development (PD) classification on a
4.4 acre tract located at 1213 Bernard Street. If approved, the PD
will permit the construction of fifty-four (54) single family
attached units.
BACKGROUND:
This site is located in a low Intensity area that to already 17%
over the standard. The Planning and Zoning Comission voted to
recommend approval of Z-1721 as it represents a good faith effort to
maintain the residential character of the neighborhood.
PROGRAMS, DEPARTMENTS OR GROUPS _ AFFECTED:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund,
Respectfully submitted:
4 Chris Hartung
City Manager
Prepared by:
D4 w tYu
Denioa Spiiay d
Development Review Planner
Ap rev
ante Iwo.
bbir16clor of planning
and Cosmunity Development
09901
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.:Y .t •i f~~f, 5• 5PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
TO: Denton City council
Case No.: Z-1721 Meeting Date: February 5, 1985
GENERAL INFORMATION
Applicant: Alpha Joint Ventures
8111 L.B.J. Freeway
Dallas, Tx 75251
1
Status of Applicant: Developer
Requested Action: Change in zoning from the single family
(SF-7) district to the plann3d develop-
ment (OD) district. It approved, the
PD will permit the construction of
fifty-four (54) single family attached
units.
Location and Size: A 4.4 acre tract located at 1213
Bernard Street
Existing Land Use: Vacant
SurroLnding Land Use
and Zoning: North - Single family res Uence,
Mesquite Ridge Townhomes; SP-7.
MF-1
South - Single family houses, sulti-
family; SF-7, PD
East - Single family houses; SF-7
West - Single family; SF-7
Detton Development Guide: Area is designated as low intensity.
• ri
SPECIAL INFORMATION
Transportation: The *its has 97.7 feet of frontage on
Bernard Street, a residential street
already loaded to capacity, Off--site
paving of Bernard Street to I-35 could
be a possible solution.
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'(Ca#e Z1y21)
Page 2
SPECIAL INFORMATION (continued)
Drainage: Drainage is.a major consideration
with this tract. Detention will be
required to handle drainage problems
in this area.
Utilities: A 6" sewer on Bernard Street and an
8" sewer running through this property
flow into an already o,rerloaded 10"
tine on Eagle Drive. Developer
cannot tie into existing sewer unless
a new 10" line is installed parallel
to existing Eagle Drive line, water
service is adequate for the proposed
development. G#s, telephone, and
electric services are available to
this site.
ANALYSIS
This tract is located in a low intensity area designated by the
Denton Development Guide. Based on existing zoning, this in-
tensity atea is already over the standard by approximately 17%.
The Denton Development Guide recommends as a matter of priority
the need to protect existing housing stock. Low and moderate
income people should have protection of their quality of life.
This includes protection from traffic, noise, privacy and their
property values. The proposed development with a density of 12
units per acre is much more consistent with existing neighbor-
hood patterns than a previously planned project to the north of
this site.
The Development Guide specifies that medium density housing
concentrations require at least one access by a collector sized
street. This site abutts Bernard Street, a residential street
currently loaded to capacity.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of Z-1731
by a vote of 4-3 as it represents a good faith effort to maintain
the residential character of the neighborhood.
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41 a,
(C14n~ F~.1721)
Pag6` 3.
ALTERNATIVES
1. Approve petition
2. Deny petition
ATTACHNEMLS
1. Map
2. PD Site Plan
3. Property Owner Aist
4. Reply Forma •Tdtal
5. Plannitl and Zf ,~in timission minutes of January IA. 1985
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PROPERTY OWNER,REPLY FO-aW
CITY COUNCIL
Z-1721
IN FAVOR IN OPPOSITION UNDECIDED
E. Darrell McCown None Received
1213 Bernard
Denton, TX 76201
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P i Z Minutes
January 160 1985
Page 5
In conclusion, Ms. Spivey stated if the commission's
decision is influenced strictly by the Development '
Guide, you would recommend denial of this case, but
there are extenuating factors to be considered and
those say influence your decision. In effect, staff
has no recommendation.
On question from Mr. Pearson, Ms. Spivey stated
perimeter street paving would apply on Robinson Road.
Mr. Button, in rebuttal, stated his only purpose in
presenting the brochure was to say that the reality of
life doesn't seem to turn out like you want it to. He
stated this case would technically get to City Council
before Mr. Arcder's case then he wouldn't be violating
anything.
On question from Mr. Pearson, Mr. Button stated he 14as
proposing a one story convenience store, cleaners and
maybe a take-out pixta establishment.
On question from Mr. Sidor, Mr. Button stated he has
84 acres and 410 lots and added his density is lower
than. required.
Chair declared the public hearing closed.
Mr. LaForts made a motion to recommend approval of
Z-1720 to change a 2.9 acre tract from agricultural
with a specific use permit allowing a mobile home
park to general retail. Seconded by Mr. Sidor.
Mr. LaForte commented that the Development Guide is
a guide and not a concrete plan. He added Mr. Button
has teen an asset to this community.
Mr. Sidor commented that he feels this area of 84
acres, with 410 lots, 2.9 acres of general retail is
not exorbitant.
Mr. Pearson stated he agrees with Hr. LaForte and
Mr. Sidor and he feels there will be a need for
general retail in this area.
Mr, Morris stated the wording on the agenda should
actually have beets worded a change in zoning from
agricultural (A) with a specific use permit allowing
a mobile hose park to general retail tOR), He added
mobile home parka are not allowed in a general retail
area.
On question from Mr. Sidor, Mr, Morris stated no, this
is not an amendment tc.' the specific use permit, but
just wanted to clarify the wording of the agenda.
Vote was called and motion passed unanimously (7-0).
1
C. Z-1721, This is the petition of Alpha Joint Ventores
requresting a change in toning from the single family
(SF-7) district to the planned developmant (PD) classi-
fication on a 4,4 acre tract situated in the Alexander
Hill Surveys Abstract 623, The property is Located at
1213 Bernard Street. If approved, the planned develop-
ment will permit the construction of fifty-tour (54)
townhome units,
.1 1
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P 6 2 Minutes
January 16, 1985
Pago b
Me. Spivey stated there were 23 reply forms mailed to
property ownersf four were returned in favor, one in
opposition and three in favor not on the mailing list.
Mr. Jack Diamond, representing Alpha Joint Ventures,
stated they are a group dedicated to constructing
single family homes. He stated he is in the process
of making Denton his home. He showed architects
drawings of the proposed homes (single family), and
stated they are not apartments and not built with
student housing in mind. He stated they are trying to
provide some breaks in elevation to ahoy that they are
single family homes and added the planned development
they are requesting has quite a bit of green space.
He continued, the proposed fits single family as
exists in the neighborhood and instills pride of
ownership and integrity of single family neighbor-
hood. He stated the homes will be owner occupied
and their current lending contract does not allow
them to sell more than 20 percent as renter property.
He stated the physical character lends low impact
ti this area and the maximum height will be 24 feet.
He stated a planned development ir. excess of 12 units
would be considered multi-familyi he added they chose
to stay lower than this figure. He stated the homes
will be in the moderate price range and not high
pri.:ed. He stated they don't consider this spo,
toning. He described the interior and exterior
amenities and floor plans.
Mr. Dar Allgiain, stated he is the second half of
Alpha Joint Ventures. He stated he feels having a low
profile will add to the nature of the development, as
the homes will !arely be seen from the street. He
stated they have allotted $1,000.00 per unit for
landscaping and described the types of landscaping
proposed.
Mr. C.L. Hunt, an area property owner, stated even
though he is not crazy about this type of operation,
he is in favor of single family homes. He stated tt.ey
are asking for S4 units which is basically a first
class operation and stated he is in favor of this as
opposed to 1,000 apartments or real small houses being
built there. He added he has ro objections -d would
ask that the Commission approve this request.
Mr. Jost b. Irlse, an area property owner, stated he
did not receive a notice, but he is In favor.
No one spoke in opposition to the request.
Ms. Spivey continued this tract is in a low intensity
area that is already over the standard. She stated
based on the existing toning intensity area, it 16 11
percent ever the standard. This change will serve to
aggrava4e this situation. She stated one of the Denton
Development Guide's policies is protection of existing
older ne4hbL%rbxds and housing stock and that low to
moderate ncome people should have protection of Choir
quality of life as well as protection from traffi*..,
noise, privacy and property values, she Added this
area is in cur target area for Community Development
Block Grant Funds and a property owner one lot to the
north of this tract, is a candidate for one of the
first rehabs in the city, She added this is evidence
that dome of these structues and the neighborhood are
salvageable, She stated this to mtdiub density concen-
tration housing and the Development Guide requires at
i>YlillirlW~
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1 :r.l'W~ 4 lr v 5 f 'tti rl
P & a minutes
January 16, 1983
Page 7
least one access by a coll4ctor street. Bernard is a
residential street loaded to capacity, She stated is-
proverents would be required to a portion of Bernard
Street. Since the proposed is inconsistent with afore
mentioned Development Guide policies, staff recommends
denial twf 2-1121.
On question from Mr. Sidor, Ms. Spivey stated widening
Bernard another lane all the way to 1-35E, is one type
of improvement that has been discussed.
Mr. Clark, in response to questions fror Mr. Sidor,
stated there is not enough right-of-way to widen
Bernard. He stated staff is trying to bring out the
fact that Bernard is cot an arterial but a residential
street and the traffic level is at capacity and until
improvements are made, streets won't har4le the
traffic.
Mr. Olyai stated a study done previous to another
Boning cast in this area, has shown to be over the
capacity.
On question from Mr. Pearson, Mr. Rumfield stated yeas
the developer would to required to run a sanitary
sewer line to this development and he is aware of this
requirement.
Mr. Ellison stated the petitioners have tried to keel
from exceeding the minimum requirement as far as
density.
Mr. Diamond in rebuttal, stated his experience has
always brin, good quality construction does not dis-
courage renovation in any area.
Mr. Allgiain stated Bernard Street does carry % lot of
traffic, but according to surveys they had done they
are not over the generation trips allowed. He con-
tinnsed they are in a low intensity area and that 20
percent of the area is doveioped multi-family. He
added with the setbacks and elevation differential we
show, this makes this potentially lower. He stated
regarding widening Bernard Street, we honestly can't
afford to do it. He stated it is his understanding
that SP-7 requires 7,000 square feet per lot and we
don't feol we are affecting the traffic that much.
On question from Mr. Claiborne, Mr. Allgiain stated
yes, this is probably as low as we can go with the
density, considering the amount of sewer improvements
that have to be done, we could drop a little bit, a
few unite maybe.
On question from Mr. Claiborne, Mr. Rumfield stated
yeas developer would have to install the sewer line
fror. Fort North Drive and he would be entitled to pro
rata,
Chairman declared the public hearing closed.
Chairman Claiborne made a motion to deny 2-1721.
Seconded by Mr. Escue.
Mr. Pearson commented this is one of those types of
requests that is hard to make a doeision on, He
.iy f ' ,3~ ' ky 5 . .w . ~ ~ ~Jy a? ;ro_' yr.`s ~,~h.. i et i~t' '^w P i Z Minutes
Januar, 16, 19;3
Page 8
stated they have made some good points and these lots
are not likely to develop as single family lots. He
added he intends to vote for the proposal.
Mr. LaPorte commented he was going to vote for it.
Vote was called and motion failed 3-4. (Ms. Cola, Mr.
LaPorte, Mr. Pearson and Hr, Sidor voted no.)
Mr. LaPorte made a motion to recommend approval of
Z-1721. Seconded by Mr. Pearson and vote carried
4-3. (Mr. Claiborne, Mr. Escue and Mr. Juren voted
L no.)
IV. Considerations
A. Approval of final plat of the Kelsoe Addition, Block
1, Lot 1.
Mr. Pecsaud stated this is a tract of 1.409 acres
situated *set of and abutting Bell Avenue at the Bell
Avenue and. Mingo Road intersection. This site is !.oned
light industrial and retail development is anticipated.
He stated water, sanitay sewer, electric, telephone
and solid waste services and facilities are adequate
and available. He stated there was one problem with
reference to right-of-wr.l for Mingo Road, but after
discussion with the City Attorney, he informed staff
the procedures for that would be handled in a different
way. Staff recommends approval of the final plat.
Mr. Escue made a motion to approve the final plat
of the Kelsoe Addition, Block 1, Lot 1. Seconded by
Ms. Cole and unanimously carried (7-0).
B. Recommend approval of preliminary plat of the Extension
to the Souls Addition, Block 1, Lots 8 and 9.
Mr. Pereaud stated this is a tract of 0.9017 acres sit-
uated east of and abutting Souls Lane, and north of
Roberts Street. The site is zoned residential single
:amity (SP-7) and the preliminary plat is to create
two single family SF-7 lots. He stated there is %
need for perimeter street paving along Souls Lane and
we are :eccmmending the developer to make the improve-
ments, which is about one half of the s`reot. The
question of a waiver is for the Commissions consider-
ation.
Mr. Sidor asked if the developer is requesting a waive:
rather than postponement. Mr, Persaud stated the
developer is requesting a waiver, however, accorAing
ti the regulations, the Commission can waive or post-
pone the requirements,
Mr. S..dor asked how long would it be postponed, and
would he be required to post a performance bond for 10
y"III Ye.
Mr. Clark stated for several reatt•e, it is better to
req,jire the improvements rather thaa.. postponement or
waiver.
Mr, Sidor made a motion to recommend approval of the
preliminary plat of the Sault addition, Lots 8 and 90
block 1 and not to waive or postpoet, but to require
the developer to me" perimeter street paving
raquiroments, Motion was seconded,
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NO.
AN ORDINANCE f.CCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR 14t1E PURCHA.:: OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, receivei and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefor;
and
WHEREAS, the City Council has go in the City Budget
for the appropriation of funds to be used for the purchase of
the materials, equipment, supplies or services approved, and
accepted herein; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances requires
that the City Council approve c.11 expenditures of more this
$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;
NOW1 THEREFORE,
THE COUNCIL OF THE CITY OF DEMON, TEXAS HEREBY ORDAINS:
SECTION 1.
That the numbered items in the following numbotad 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 N0. VENDOR lVOUNT
93298 All Pedtt Bg11d10S Servlee t 2Ajfij 6a__
9V2u1• Al Mc tt Chevrolet 1198.705.25-
9382 10 fountains Truck Eauioment _S ~4.78S.00
9381 Ale l~ uentex ford 5r 9S8.
9389 All narr xnUi=Rt
4392 All Darr EauiyAnt St56.489.44
SECTION t1a
That byy thd'acceptance and approval of the above, numbered
items of the sibmitted bids, the City accepts the offer of the
persona bubmitt.ng the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accord}nee with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, bid
Proposals, and related documents.
SA!-%e t
L. L
g °Fl7T,4 qtr CONTINUATION SECTION I.
BID NUMBER ITEM NO. VENDOR AMOUNT
9395 All Recreonies Corp. S 4.62&.6n
9396. _ A11_ Haraool Fertilizer Co. s 5.035.00
9397 All Star Security Systems j 7.200.00
9399 All car will Steal .$13,315_00
2401 All noalpir F1oririr _U AAA-14
SECTION III.
That should the Ciy an4 parsons submitting approved and
accepted items and of the submitted bids wieh to enter into a
formal written agreement as a result of the acceptance, approval,
and awarding of the bids; the City Manager or his designated
representative is hereby authorized to execute the written
contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums
contained in the Bid Proposal and related bid documents herein
approved and accepted.
SECTION IV.
That by the acceptance and ap?roval of the above numbered
items of the submitted bids the C.ty Council hereby authorises
the expenditure of funds therefor in the amount and in
accordance with :he approved bids or pursuant to a written
contract evade pursuant thereto as authorized herein.
SECTION V.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this S_ JAY of F erw,ry 1985
RICVV.RD' ,
CITY OF DENTON, TEXAS
AT SST
CHARLOTTF ALIER CITY SECRETARY
CITY OF DENTON,9TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
1 x v nn F' rW. is yw r .rb Yc 4. rM'a 'r .r b x r .t :s ~~'Ib ~r r~~, ~
z 'k ,a ~ r ♦ ✓ 1 J Y i t .i ♦ Y y x . 3 a',a E a A }n v t`l ~ n'.
:;t~A n ¢ mi:f: k't a, r .'9a ,•Y tN"~~ ,~Y
DATE : 2=~5-85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Membors of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: Bib 19329A JANITORIAL SERVICES
RECOMMENDATION: We recommend this bid be awarded to Pedus Building Service
in the amount of $4,732.83 for Denia Park and $4,732.83
for North Lakes Park.
SUI4MARY: This bid is for the addition of Denii ar,d.North Lakes
Parks to our janitorial services. We sent this bid to
several prospective vendors and received bids only from
Pedus who has our current contract at $525.87 each per
month. This makes a total for 9 months (the balance of
our contract) 959,465.66 for the balance of our current
BACKGROUND: bid contract.
Bid proposal and detail sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED.
FISCAL IMPACT: There is no additional impact on the General Fund
100-003-0002-8502.
Respectfully submitted:
G~."Mrls Hartung-
City Manager
Pre red b :
a U, Marshall, .
tl urchasing AGent
A ved.
tl Marshall; C.P.M,
urchasing AGent
,t y ' w, a 4 ` w hS y it n~4 Zy r t . •{'4 ~ G ~~rt. P ~ ,~a a y .,fw 7, tv i
tjr ~ . n:. f°. ~ k 7a `''Y, l 1M~Y ~ '4 {".'~a <<yt ,4r. J 'Ys t~. s e ,6 tyr "fiv • " n
) 9329A O PROPOSALS Page 2 of 7
ll
H Nu , M . HVIR
17 EM DESCRIPTION OUAN. PRICE AMOUNT
8. Denia Park ~rjj',Sj per month
9. North Lakes Park per month
This is a supplement to Bid 09329 extending under the
same, terms, conditions, etc.
NOTE: This contract will run from date of award
through September 309 1986, with a aone (1)
year extension under the same terns, conditions,
price, etc., if agreeable with both parties.
'or on site inspection of f4cilities, contact
Bob Tickner, Civic Center, (817) 566-8270, to
make an appointment.
TOTALS
We quote the above f.o.b. Denton, Tares. Shipment can be made in dsys from receipt of order. Terms net
union otherwise Indicated.
In submitting the above bid, the vendor agrtes that acceptance of any or all bid itams by the City of 0 triton, Texas within a
reasonable per lad of time constitues a contract.
9750 Brockbank Suite_ 1 NG. sRRMI , Ttvc._
/ . ltdar '
...LCa-011+ O
I1a t 1 ,CiIY fl•N 10 algnalur•
214-3_5_0-6895 - 1I,•
T•I•on•nt
7( 1st wi k ~ Ie lrY IF ~ ~ 4~Y y I' ~ S a~~,{ . i i j n I t r C
v
's .r „~irll !!!,}Silly Y~ll ll.flf it la l4El ~ I
I C~IY q~ tr rnl~(S. ~r!~3 C
JANITORIAL SERVICES
BID WORK SHEET
(Please com9lete and submit with Bid)
Pa~ for All Facilities
Wage
Rates Totals
Manhours
1, Productive pianhoLrs tad x Wage Rate $ 3 15 x.2.50
Leadman Manhours 1~ x Wage Rate co ..-SS.00
_t. Operations Manager
Mg ' $..125..!10
nhours x Wage Rate j _ 50.
4. Paid Leave Mannours _ x Wage Rate $ $-y25
5, Profit-Overhead
Total Payroll Amount 52.50
Total Payroll Manhours _9>:5
E ui ment and Supplies for All Facilities
Supplies Cost $ .10.00
1, Janitorial $;,o.no
2. Plastic Bag Liners Cost
3, Equipment Depreciation and Maintl ;lance Cost $._?~.OS?
S ~o.ao
Total Equipment and Supplies Cost '
Subcontracting Cost for. All Facilities,
($12.50 } x 4 = $ 50.00
1• Window Cleaning (Annual $ 53.49
2, Carpet Cleaning
1051.74
Total Bid for All Facilities
y r ,X SS YR R 4~(•' I~ IV7e ' ) f 1 t i.;' X. +1 e 't a v'
Fkp >w Wyk .M1 M,R!~ Y,~JR .hJr
DATE: 2"5.85
r
CITY COUNCIL P.BPORT FORMAT
T0: Mayor and Members of the City Council
FROM: G. CI►ris Hartung, City Manager
SUBJECT: DID 19382 TRUCK CAB/CHASSIS AND BODIES
RECOMMENDATION: We reconrnend this biej be awarded to the lowest bidder of
Al McNatt Chevrolet for items i thru 9 for a total of
$198,705.25 plus =1,293.00 for airbrakes on item 8. We
recommend item 10 be ara" led to Fontain Truck Equipment
in the amount of $4,785.00.
SUMMARY: This bid is for the purchase of truck cab/chassis and
bodies. The nine trucks and seven bodies include 7
Motor Pool Replacements and 2 fleet additions 'Tho
additions are a dump truck for streets and a dump truck
for Water & Sewer.
BACKGROUND: Tabulation Sheet
PROGRAMS. DEPAR'I'PiENTS OR GROUPS AFFECTED:
Motor Pool, Street Department, Water A Sewer Field
Services, Solid Waste and Electric Distribution
FISCAL 114PACT: 1984-65 Budget Funds $15,163.80
Motor Pool Funds $959375.70
Lease/Purchase Budget Funds $94,243.75
Respectfully suboitted:
r..
City Manager
P ared
aa:e Tan D. Shaw, C.P.H.
Title Assistant Purchasing Agent
Approvedt
T F7 Ja Marshall, C.P.M.
rchaeing Agent
{IU 1 938
jID TITLE TRUCK CA8/CHASSIS LEET BILL RIENDLY B&M EC FONTAINE AL MCNATT
ODY 6 UTTER HEVROLET TRUCK QUIPMENT TRUCK CHEVROLET
EQUIPMENT 0- EQUIPMENT
QUIPMENT FORD
SPENED .lanuar,y.15 1985~~ n.m. 0, CO.
ACCOUNT 1
TY. I PT VENDo"- VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
24%000 Truck CC 17 889.00 6 813.64 16 657.00
1 5 2. 6 3. 9
13 1 25,0000 Truck _
1 Body Contractors 3,950.00 31854.00 4 729.00 4 922.50 3 729.
5 .1 25,0001 Truck CC 17,657.00 60584.59 7,632.00 169275.75
lb
Body Contractor with Crane. 16,906.00
2 836
1 41 0001 Truck CC 30,495.00 38o296.75
8 1 30,2001 Truck CC 22,927.00 0,529.75 19 192.00
19 -j-, 2a.000#-Truck-CC 047,00 7 .§47,50
10 .00 4 785.00 7
1 Winch 6 5th Wheel 5,371.00 5 496.00 F--,-
Delivery 10 Days 90-120 Days 2U Days 20 DA s 30 DA s- 90-120 DA s
w w y rt r t, M w d' ' T i t"' r ".5 ° 7 c 11"7 r s• r 1. w' "w. 1? ~'>y
~ t a P A tiy.r a r1 ti nt } ~t 'C 1 V ri.i ar 1 i
t i d ~ ! ~ i, ~ r 4
DATE; 2-585
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: 31D #9387 LOADER BACKHOE
RECOMMENDATION: We recommend this bid be awarded to the lowest evaluated
bidder of Dentex Ford in the amount of $27,979.00 each
Fob Denton. Total bid award is $55,958.00.
SUt"iM AR Y: This bid is for the purchase of two loader backhoes,
Motor Pool Replacements for the Electric Distribution
Dept. and a fleet addition for the Water and Sewer
Dept.
BACKGROUND: The lower price offered by Case Power fails to meet the
terms of the warranty portion of the bid specifications.
We require transportation be included in the warranty.
Case Power has taken exception.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Motor Pool, Electric Distribution, and Water 5 Sewer
Field Service.
FISCAL IMPACT-. Motor Pool Acct. 1120-004-0020-8707 $19,231.88
Electric Dist. 1984/85 Budget 89747.12
$27,979.00
Water A Sewer 1984/85 Budget
for lease/purchase of equipment $27,979.00
Respectfully submitted;
CNFP.F~Hartung
City Manager
Pre ed by•
Name Tom D. Shaw, CTP.R.
Title Assistant Purchasing Agent
Appro d:
N"I rshall; C,P.MT
Ti a Purchasing Agent
Iib f 9387
I1D TITLE LGAnFR RACKHDF _
DENTEX CASE POWER TRINITY
)PENED January 17. 981 5 2 p.m. FORD A EQPT. CO.
1CCOUNT 1
QTY, TU C iPTI VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
-Loader Back hoe 271979.00 27$865.00 369729.47
Delivery 30-120 Days 30 Days 60 Days
Make Ford Case J. [leere
555A 580E 4108
Fob Denton Denton Denton
.
i ,p' w oM 1'1 - r w K4 i a S I -1 l { b u +l+r "-2 ~~J d Y x E S h h y yr c at kY + . d S
y i`~` '*~!".C+ r1 r'~' 24; e~ 1. ` 'k 0 +,t~• ~1k" e * ,k- r DACE: 2-5-85
CITY COUNCIL`.11EPORT FORMAT
TO: Mayor and McObers of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: BID #9388 LANDFILL COMPACTOR
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder
meeting specifications of Darr Equipment for a
Catepillar Model 816B Landfill Compactor in the amount
of $125,069.00 Fob Denton with delivery in 42 days.
SUMMARY: This bid is for the lease/purchase of a Landfill Compactor.
It is a fleet sedition and will be funded as a lease/
purchase.
BACKGROUND: The lower price offered by Conley Lott Nichols is for a;
three wheel machine and fails to meet specifications. The
unit offered by Trinity Equipment is a hydrostatic drive'
unit, air cooled engine and also fails to meet the specifi-
cations. The unit offered by Darr meets specs, has a 36
month warranty and has a guaranteed buy back of $45,000.00
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: at thetend oustiyiessthe feel this .We difference in the bids.
Motor Pool, Solid Waste and Landfill Operation.
FISCAL IMPACT; This unit is to be funded thru a lease/purchase agreement.
The 1984/85 budget will be responsible for approximately
$34,000.00.
Respectfully submitted:
Ctirig a
City Manager
Pry red b
sass Tom D. Shaw, C.F.M.
Title Assistant Purcnasing Agent
.P.M.
a . MarshalC
Ap06pou
Thising Agent
BID r
ID TITLE LANDFILL COMPACTOR
PENED_ Januar} 22. I9A5 2_ .m. TRINITY DARR CONLEY LA1NS
- n-- EQUIPMENT EQUIPMENT LOTT CHINERY
CO. NICHOLS 0.
CCOUNT r 631-OOZ-0803-4104 MACHINERY
CO.
IY. T 1PTI0 VENDO VENDOR fIIDOR~VENDOR VENDOR VENDOR! VENDO
50001 Comgactor 124 900.00 125 069.00 122L651.00 136 776.00
Make Ingersoll Cat Rex omag
Rand
Model LF-350 816-8 3-45 K351
FOB. Denton Yes Yes - Yes fes-
Delivery 30 Days 42 DAys 30 Days 5-60 DA s
g y ^M 'n,5S1 M1L~ ° r"< 1{'P CrYtit'w I,~Y 4+ r . q ya'a.F Y ~T y QL
~ ~ w 1f ,.r r .r Z f x~ ~'.t 1~ n-'
L I G W(..Y
h DATE: 2-5485
CITY COUN~IL REPOF%f FORMAT
T0: Mayor and Members of the city Council
FROM: G. Chris Hartung, City Manager
SUBJECT: BID #9392 TRACK TYPE FRONT END LOADER
RE C014M ENDATION: bid be awarde to
Darr Equihpments intthelowest
amount
of $156,089.00. They bid a Caterpillar 973 Track Loader
Fob Denton with a delivery in 80 days.
SUN A1;Y: Thi; bid 1s for the purchase of a track type front end loader
fee use in the landfill operation. This unit is a Motor
!fool replacement for a 1972, model tractor.
BACKGROUND% The lessor price offered by Trinity Equipment for a Joho
Deere 855 fails to meet specifications in a few relatively
minor areas 0e. bucket sizes segmented sprockets, bucket
teeth, ground clearance). Our evaluation was based
largely on the following factors; (see PRO_ GRa4So HPARTMENTS OR GROUPS AFFECTED.
Motor Pools Solid Waste and Landfill Operation
FISCAL 114 PAC This unit will be funded thru a lease/purchase arrangement.
Funds will be taken from the Sanitation Bond Account
/631-002-0803-9104.
Respectfully submitted:
City Manager
Pre ~ ed bys,
ame om , awl
Title ' Assistant Purchasing Agent
Appr ds
a oh P arshal s C.P. .
T e chasing Agent
9392
SID TITLE TRUCK TYPE FRONT END LOADER TRINITY DARR
DPENED January 22. 1985 2 p.m. EQUIPMENT EQUIPMENT
CO. CO.
ACCOUNT 1
Ty ITEH DESCRIPTION. VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
1 Truck-Type Front End Loader 1430783.10 155j089.00
FOB Denton Yes Yes _
D very 30 Days 80 DA s
Make J.Deere Cat
I Modal 5 273
3 ~}r
V Xe 4 fi 'a 't a a '~"°!E ~ w - VY X '4i E a 7b44`lev'~'#V c Sze t' +in:M1 ?~1 ~"h ~ i M~'J ~ . i a x v
'''•~•T n::eS r ? f.• ~ t"H ~ !fi P 4: C xv s^ Eti~;: 1 ay Si aA
E F,
SID 19392 TRACK TYPE FRONT END LOADER
Attachment
CATERPILLAR 973 vs. DEERE 855
A. 36 Month Warranty A. 12 Month Warranty
B. 3.75 Cu. Yd. Bucket B. 3.25 Cu. Yd. Bucket
C. Rear engine design for landfill C. Conventional Front Engine
operations. Design.
0. Guaranteed Buy Back D. Not Available
1. $91,206.00 after 3 years
2. $769005.00 after 5 years
E. Free parts if not available in E. Not Available
48 hours.
F. Free use of equal •.,achine if repairs F. Not Available
not completed in 48 hours.
G. Proven track record of the Caterpillar G. Unknown on th,i large machines.
equipment and Darr Equipment Service.
H. Indic tion from other users of no H. Indication fry m other users of
major problems. major problem: with service and
uality.
gBusiness Wee,. 3/12/84)
4 . ' r / t,m'~ o- ar a~, \t ° Y r 12' 1 7 aC S. 'x. x ra+y
{'.+e: r t ,04 ':;e w a t ! ~::t x p, s y ,ir
.t ?Y r i _r%
r DATE: 2-5-85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
PROM: G. Chris Hartung, City Manager
SUBJECT: BID 19395 POOL MAINTENANCE SUPPLIES AND EQUIPMENT
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Recreonics Corp. Their bid for all 16 items totals
$4,624.60.
SUV AR Y: This bid is for the purchase of materials, supplies and
equipment to refurbish t o Municipal Pool. The liAt
includes lane markers, clocks, starting platforms,
vacuum equipment, ladders, etc.
BACKGROUND: Recreonics is the lowest bidder, metts specifications
and can deliver in 14-21 days.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Park 6 Recreation Department and the Municipal Swimming Pool
FISCAL IMPACT: 1984-85 Budget Account 261-003-0062-8112
Respectfully submitted:
a`-
City Manager
PreSl red by:
Name Tom D. Sha4i, C.P.M.
Title Assistant Purchasing Agent
Approved:
_r
T
a i o Marshall, C,P.N.
Purchasing Agent
11D 1 9395
11D TITLE mmr- Pool FullpmENT
)PENED January 246 1985 2 -p.m. POOLS DOLPHIN RECPFONICS
PLUS POOL CORP.
ACCOUNT it ?bi-003-nn62-R1lp SUPPLY
TY. IT121 DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
Total Items 1-16 5,845.64 79570.99 4,624.60
DElivery 30-45 DAys 14-21 Days 14-21 Days
.
.➢tr n Iy'.t } m;Mi M 'N. i 1 Y f Frvy~. t
DATE. 2-5-85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: BID /9396 TURF FERTILIZER
RECOMMENDATION: We recommend this bid be awarded to the only bidder, Harpool
Fertilizer Co. Total estimated bid award is $5,035.00.
SU14M AR Y: This bid is for the purchase of the estimated annual
fertilizer requirements for the Parks Department. This
material will be used as needed thru September 30, 1985,
BACKGROUND: Only one bid was received, However, we feel the prices;
are the best available to the City of Denton, Harpool
Fertilizer offers the no charge use of a power spreader
and as needed availability of the fertilizer.
PROGRX4 S, DEPARTMENTS OR GROUPS AFFECTED:
Parks and Recreation Department and Park Maintenance
FISCAL IMPACT: Funds for this purchase will come from 1984-e5 Budget
Account 100-003-0064-8105.
Respectfully subwitted:
City Manager
Prep d b
Name Tom D, Shaw, C.P.M.
Title Assistant Purchasing Agent
Apps ea:
Ta a Marshallo C,P A
Prchasing AGent
u
!Ib / 9396
SID T1TLE TURF FERTILIZER
HARPOOL
OPENED lanuary 24. 1985 2 p.m.
ACCOUNT l 100-003-0064-8105
QTY @ ITElI DESCRIPTION VENDOR VENDOR VENDOR NDOR VENDOR VENDOR VENDOR
1 10 T Turf Fertilizer 15-5-10 320.00 per on
87% Sulfur Coated Urea
2. 10 TI ---Turf liter 15-5-10 1 .OO per on
Ammonium Nitrate
3 1 T Turf Fertilizer 10-20-10 185.00 per on
Ammonium Nitrate
1. it r.fy Tt M Yi,r.
rrJ df~ arY] rS i;, Y DATE: 2-5-85
CITY COUNCIL REPORT FORMAT
T0; Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: BID 19397 EVALUATION OF ALARM SYSTEM
RECOMMENDATION: we recommend this bid be awarded to Star Security Systems,
the only bidder.
SUMMARY: This bid is for the evaluation of all ofrthe security
systems at the several building of the City of Denton.
Then a recommendation will be made for a Central System
for all buildings which will then be bid. We sent out
several invitations, but we received only one proposal.
BACKGROUND: Proposal as submitted. '
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
All departments in the City facilities.
FISCAL IM PACT: There is no impact on the General Budget.
Respectfully submitted:
G. Cnffs-lwtunjr~
City Manager
P a ed b
X
Mme Tom 0. Shaw, C.PM.
Title Assistant Purchasing Agent
Appco i
r'
pM G vshalli C,P~Na
T1 Purchasing Agent
~ r
STAR SECURITY SYSTEMS INC.
P.O. SOX 1627 • DENTON, TEXAS 76201 • 817/566.0760
•
January 14, 1985
City Of Denton
901-B Texas Street
Denton, Texas 76201
Attent.on: Purchasing Department
Subject: Bid Number 9397
Evaluation Of Alarm Service
A. Approximately 320 hours or an equivalent of approximately
8 weeks time.
The method of procedure would be to start with designing
the new systems for City Hall, the Service Center, and the
Personnel Department.
Second Phase would be to evaluate the other existing systems
and incorporate them into the new systems creating a totally
new design.
Third phase would be to develop a list of equipment needed
for the total system and a list of suppliers from which to
purchase said equipment.
Fourth phase would be to select and inform installation
personnel as to the system design.
Fifth phase would be pre-wiring.
Sixth phase would be the incorporation of the system into the
digital equipment located at the Police Department.
January 14, 1985
City Of Denton
Bid Number 9397
Evaluation Of Alarm Service
B. List of References - Commercial and/or Governmental
Commercial
First Peoples Jewelers
Thomas Furniture
Elvans Jevelers
Sue's Factory Outlet
Denton Jewelry b Loan
Hike Hughes Quarterhorse Ranch
Sundown Ranch
Denton Area Teachers Credit Union
Governmental
City of Denton (Parke & Recreation)
(Library)
(North Lakes)
Denton County (Commissioners Court)
(Court at Law 02)
(District Court #211)
North Texas State University
C. The total fee for the proposed services would be $7,200.00.
ti
x: - .v p • . c 1 v t t ! d ti r„ i,4
DATE: 2-5-85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM. G. :iris Hartung, City Manager
SUBJECTs
BID 19399 30 CU. YARD CONTAINERS
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Scott & dill Steel, in the amount of $2,675.00 each for
a total of $13,375.00, Fob Oenton, with delivery in 30
days.
SUI•iM AR Y: This bid is for the purchas9 of (5) five 30 cubic yard
roll off refuse containers.
BACKGROUND: The co:rrqrcial refuse industry is continuing to increase.
With the opening of the new landfill, additional containers
will become a necessity.
PROGRAMS DEPARTMENTS OR GROUPS AFFEcm :
Solid Waste Department
FISCAL I14PACTi 1984.85 Solid Waste Bond Funds
Account Number 631.002-0803-9104
Respectfully submitted:
r
U, t;nr1s71TrtUng
City Manager
Pr red bl ;
ame T
M'. .Shaw, C.P.M.
T M O Assistant. Purchasing Agent
Appro
J
rs e1 , G. P.M.
Tia PjhrV urc esin$ Men
ID 1 9398
LLD TITLE 30 YD. CONTAINERS CUSTOM NVIRONMENTA DUNCAN SCOTT 8 .b.S.
IIETALS ALES 6 EQUIPMENT ILL STEEL
WENED January 24, 1985 2 p.m. INDUSTRIES SERVICE CO. CO. =P.
XCOUNT 1
Y$ VENDOR- VENDOR VENDOR VENDOR VENDOR VENDOR VIiNDOR
30 Cu. Yd. Contaipqrs Open Top- 2,795.60 3,443.Rn 2.94n.nn 610.00 694.00
Delivery A.R.O. 30 Days 0 Days 30 Days 0 DAys 5 Days
w wig.
i
w..r ...rte
na ,:p .t s rte r}. rl: rf 3 y. im 11111 Y;Y`¢
n
DATE: 2-5-85
CITY COUNCIL REPORT FORMAT
TO,, Mayor and Members of the city Council
FROM: G. Cliris Hartung, City Manager
SUBJECT: BID #9401 PVC CONDUIT
RECOMMENDATION: We recomrend this bid be awarded to the lowest bidder,
Dealers Electrics in the total amount of $39188.39
Fob Denton. Delivery in 7 days.
SUMMARY: This bid is for the purchase of PVC conduit to be used for
the underground electric distribution system in the Lakewood
Estates project.
BACKGROUNDS Tabulation Sheet '
PROGRM S, DEPARTMENTS OR GROUPS AFFECTED:
Electric Distribution Department
FISCAL IMPACT: 1984-85 Budget Account #610-008-0252-9220-2004
Respectfully submitted:
Ong
City Manager
Pr red b S;M~
Name Yom 0. Shan. C.P.N.
'Clue Assistant Purchasing Agent
Approved!
a Nontr J. Marshall it CiP/i4.
T e P` rthasing AGent
DID____ PVC, CONDUIT ORAYBAR NATSON CUMMINS TEMPLE PRIESTER WESCO OLELINE EALERS Rii- (EISON
ELECTRI ELECTRIC SUPPLY INC. SUPPLY CO. LECTRICAL• AYIS LECTRIC
OPEN January 29, 1985 2 p.m. CO CO. CO. UPPLY 0. 0.
ACCOUNT 1
- A- ITEM DESCRIPT P' VENDOR- VERDOR` VEOU- V ~ VE"u - V1 56ff- VEN60A'-
MDR
VENDOR
1 LO-01 ft, DB 2' 14,92 22.44 21.00-___~ , 19.80 14,60 15.40 20.1S 14.31 14.69 31.95
i
Z_ &L- __Lt_G_ 6 4. 60 50.50 50.00 X2.70 41.95 -48.93 49.98 52, 00
3 . 3.20 ft. TC-2 1" -15.29 16.14 15.10 15,00 LBO _]4.55 15,64 -14.66 ISM Oeltvery . _ 14.21 Dsys 12_0-sy 10 Days 10
Days t DAs - Da" DAys D Is
lctals 3319.73 3956.63 4341,90 3636.70` 3252.00 3428.10 3554.35 183.37 258.88 556.98
Terms _
het Net -Net L milt _KeS______ get 1ML
FOB y S
Denton Denton Denton FFA Denton Denton _ gniqn e Vaton
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPkOVEMENTS: PROVIDING
FOR THE EXPENDITPRE OF FUNDS THEREFOR: AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or improve-
monts in accordance with the procedures of state law and City
ordinancs; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bide for the construction of th+j public works
or improvements described in the bid in%-"tationj bid' proposals
and plaas and specifications therefore; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances requires
i:hat the City Council approve all expenditures of more than
$3,000; and
WHEREAS, Section 2.09 of the City Chaxter requires chat
every act o7 the Council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY
ORDAINS:
SECTION I.
That the following competitive bids for the construction of
public works or improvements, as described in the "Bid Invita-
tions", "Bid Proposals" or plans and specifications attached
hereto are hereby accepted and approved is being the lowest
responsible bids:
_
BID HUL4DU CONTRACTOR AMOUNT
4249 R. L, nbt tj CjZttnuetjan j1ti4,o76.11K
.
SECTION-11
That the acceptance and approval of tho above competititva
tip. en `~th
notoneliCUt! a co,:'tr 0 twa,H
bide shall,
N t Mi { A J '.ae'~a r>~ ~x y ~ y F"ybx + r : ~ '.~wrf^ .t t.,
„ 1
C } lye l,♦ Oil y`` 0 1r. # L~y.:L f ail.]
'y
person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person
shall comply with +ll requirements specified in the Notice to
Bidders including the timely execution of a written contract and
futnl3hing of performance and payment bonds, after notification
of the award of the bid.
SECTION III.
That the City Manager is hereby authorzied to excecuts all
necessary written contracts for the performance of the
• construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms, conditions, plans and speQifications, standards,
quantitites and specified sums contained therein.
SECTION IV.
That upon acceptan:e and approval of the above competitive
bids and the execution of contracts for tha public works and
improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V.
That this ordinance shall become effective immediately upon
its passage And approval.
PASSED AND 1PPROVED this the 6 day of feDruaL , 19.U.-
RICWD U. STEVARTo MAYOR
CITY OF DENTON, TEXAS
ATTEST%
CITY OF DENTON US
APPROVED All. TO LEGAL fORMs
JOE Do NOilf,19. I."INO CITY'ATTOWY
CITY OF 0941 Ms
d , .r+ r 4 "tiulA 4 {f`. pf.:. k~. 2 fir kj_ ° ,T' i• , 'Tar. ,y y,,..'
TY~ t 'S i 'fI },~Ljy M ~ G 4 fee Lei .a ~e `1 7 ,f.. f ~ r aT; ,3iV i
DATE: 2=5-85
Y
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the city Council
FROM; G. Chris Hartung, City Manager
SUBJECT: BID !9399 PtVING IMPROVEMENTS - E. PRAIRIE b R08ERTSON STREETS
REC014MENDATION: we recommend this bid be awarded to the low bidders, R.L.
Roberts Constructions who is fully aware of the Federal
requirementss for the total amount of ;189,876.85 for
concrete construction.
SuIlMARY: This is a grant project and the hid vas ~harldled accorling
to Federal Regulations. We sent out several invitations
including those to minority vendors and sub vendors. We
received only four bids out of the eight bids picked up
and the twenty-five invitations mailed.
BACKGROUND: Included are a tabulation sheet and the recommendation'
frc+m Community Development.
PROGRAMS, DEPAR'TO ENTS OR GROUPS AFFECTED:
Administered by Community Development under a grant
program.
FISCAL IMPACT. There is no impact on the General Fund.
Respectfully submitted:
ri. ti ilartung
City Manager
Pre red b;•:
Ja Marshall, C.P.M.
e Purchasing Agent
Ap ve
4 I
ad\ J hn J4 Marshall, C,P,M,
!tit' Purchasing Agent
6ID.~ 93~
SID TITLE PAVING IMPROVEMENTS - E. PRAIR E
& ROBERTSON STREETS CALVERT PAC - R.L. JAGOE
OPENED january24, 1985 __2_.p_m_ PAYING TEXAS F,OBERTS PUBLIC
CORP. INC. CONTR.
ACCOUNT I
TY, ITElI DESC IPTIO VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
It Paving 199,677.00 22f!.371.30 JUALUi I _ -U&ZOAM
2 Alternate, Asphalt & Concrete 194,470.50 NB 1840945.10 225 876.00
Bid Bond Attached Yes Yes e s
I S 4. tl ~ } r I JY 1' $5 ti
C17` of offN71M, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEr110NE (817) $66-8200
MEMORANDUM
DATE: January 25, 1985
TO., John Marshall, Purchasing Agent
FROM: Elizabeth Evans, Community Development Coordinator
SUBJECT: Prairie and Robertson Street Bids #9399
The b:d of $189,876.85 by the R.L. Roberts Construction Company
for the Prairie and Robertson Street projects is acceptable.
After consultation with Jerry Clark, City Engineer, we would
prefer Prairie Street be built with all concrete pavement.
If possible we would like the bid to be placed on the
February 5, 1985 City Council agenda. Thank you.
Elizabeth Evans
1111
JAN 251985
CITY OF DENTON
PURCHMING DEPTI
^ A ' `a `9e Y e` N iSk u ji~('~/ >•t,, / ryJ b 7K,yx s
r 1
b 4' e. .'n 9 tIx Gt tir S ° d+.' o ,ui ' t i a 1x:. r d q < % a ~
NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF UNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCOR-
DANCE WITH THE PROVISIONS OF STATE LAW EXEMPI.NG SUCH PURCHASES
FROM REgUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FCO. AN
EFFECTIVE DATE.
WHEREAS, state law requires that certain contracts requiring
an expenditure or payment by the City in an amount exceeding
$5,000 be by competitive bids, except in the case of public
calamity where it becomes necessary to act at once to appropriate
money to relieve the necessity of the citizens, or to preserve
the property of the city, or it is necessary to protect the
public health of the citizens of the city, or in case of
unforeseen damage to public property, machinery or equipment; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$3,000; and
WHEREAS, Section 2.09 of the City Charter requires that
every act of the council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERESY
ORDAINS:
SECTION I.
That the City Council hereby determines that there is a
public calamity that makes it necessary to act at once to
appropriate money to relieve the necessity of the citizens, or
to preserve the property of the city, or to protect the public
health of the citizens of the city, or to provide for unforseen
damage to public property, machinery or equipment, and by reason
thereof, the following i.mergency purchases of materials,
equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, era hereby approved:
1,. x yrd ~r 9 "s r ' S ^ x. is Y. r✓ ry y ° '$"w{ x ~'v,.vi.'! e
rt"t ja,, 1, 9, x ri r'!~M1 '1 ~•i 6" ~'r 1. 4 ~ .'i i i .a~ '7 x:i x S '.1 .t
WAY
PURCHASE
ORDER NUMBER VENDOR AMOUNT
66583 Boyd Excavation X7,020.00
66842 Boyd Excavation $1,020.00
SECTION II.
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 beir.g in
accordance with the provisions of state law exempting such
..urchases by the City from the requirements of competitive bids.
SECTION III.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the 5 day of februtry , 19 85.
•
RICHARD U. STEWART, MAYOK
CITY OF DENTON, TEXAS
ATTEST:
CRWOTTE ALLEN, CITY SMETM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
dY :
PAGE 2.
_ Y rtiM dr r:` « r t r rd %&4~1'wai I g r J ~'1 s ;t r x 7, ?t r~ ;v, very ct•~s f'. M` 3 'a
~~t akt ~ I t^5 N~r. S' a t< 3 n t ti~F~°a-r Mie~'it:rat ~ ~'dvu .~f Y i
$ rJ L ~ i ~ I t,. e.e
' i 1mss'.. i r ` J "a
DATE::. 2-5-85
' CITY COUNCI_L_ REPORT FORMAT
T0: Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: PURCHASE ORDERS #66583 b #66842 BOYD EXCAVATION
RECOMMENDATION: We recommend these purchase orders be approved in the
amount of $7,020.00 each for a total of $14,040.00.
SU14M AR Y: Undesirable weather conditions and limited equipment and
manpower continues to force the Solid Waste Department
to utilize outside contractors.
BACKGROUND: These purchase orders are for the rental of self-loading
scrapers being used at the new landfill in an ongoing
attempt to prepare the site for opening.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Solid Waste DepL-,,ment
FISCAL 114PACT: 1984-85 Sanitation Bond Funds
Account #631-002-0803-8502
Respectfully submitted:
s a ng
City Manager
P are
Name om aw, G.P.M.
Title Assistant Purchasing Agent
ApPrb 1901
a 1 'oh , rshall, C.P,M.
chasing Agent
P. 0. N1 16ER DATCNENDOR NO. DOCUMENT TYPE
S
:rti3' 01/2: / 35 C1 ^
~t:Y7J:31
VENDOt SHIP 70:
ik.,.A r i ; ,!_Y
tat: ""T
1••1*;:`~. TX 75201
i
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. UNE AMOUNT
031.^02 .0'03 B502 103 FjoUtS E7UIPMENT R::NtAL 00Ja
♦
a r
r t' ~
TOTAL FOR a93. 7.020.00.
The Clty'of Denton, Texas Is tax exempt • House Bill No. 20. "
RR NO 60 lewt m pseN'Nd Dow .~Vo~ut~nr Number A~1
y
t A i . v r,. r• to At. rR ° Py,.W .l do ' TWA, 7 , 1±Z e h FI1K
,AS
G, RD t~ENTON rit IM
2i5 E McKlNNbl"
P. 0. NUMBER DATEIVENDOia NO. DOCUMENT TV
66642 0 /29/85 sCclio HASTE S
80x49000
VENDOR: SHIP TO:
BOYD EXCAVATING
3500 FT WORTH DR
DENTON• TTX 76201
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. UNE AMOUN
01 631 002 0803 8504 108 HRS SCRAPER RENTAL LANDFILL 79020.00
a
TOTAL FOR P•0• 79020900
The City of Denton, Texas is tax exempt • House BIII No. 20.
Reference P.O. Number on all K Shipments and Invoices.
Shipments are F.O.B. City of Denton, or as Indlooted.
SaW Mtroloee 70: 01recl All IrwpMas ft.
City of Dar,!om Actlounts Payable John J. Marshall, O.P.M. Purchasing Agent
215 E. McVjnnet 3t., Denton, U MMI Tom D. Shaw, C.P.M. Asti, Purchasing Agent
Phone 817156a8223 8171596.8311 01FW Metro 2674042
The City Of Denton is an equal opportunity employer
" 'ti ^n a ♦ IH r a yM1 4^r € n v„ '4n Y r,Ei r .iL".~ t ° c ^`M r R@1+
r... ♦ r ? ° ri i S1 r tot "i rpv t r i - ~ w
y " y.". Yga ti' A r~ ~7r r vT ~,`S .r3~ ~°1 r,~ 4. 7 ] X ~ t
DATE: 02105185
CITY COUNCIL REPGRT FORMAT
T0: Mayor and Members of the City Council
FROM. G. Chris Hartung, City Manager
TO I LIGHT CHANGE THE ZON14G
(LI) z-1713 SIFI-
SUBJECT: CATION FROM AGRICULTURAL (A) APPROVING
QECOMMENDATION:
The City Council considered Z-1713 at its meeting on January 8. 1985
and voted to approve subject to applicable provisions contained in
the Denton Municipal Airport Zoning Regulations (Order 81-1).
SUKMARY:
This is a tract of 1.530 acres situated south of U.S. Hwy. 380 and
comencing approxtoately 1,140 feet seat o► Masch Branch Road.
pACKGROU .
This site is located in a moderate intensity center which is
relatively undeveloped at this time and far below planned capacity.
Sy DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FI6CAL IMPACT:
Not applicable.
Respectfully submitted:
0. Chris Hartung
City Manager
Prepared by-
Harry ereaud
pevelopme t Review Ptanner
Ap v
Jeff M
Director of Planning
and Community Developmat
06316
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r
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yf
i 09831.
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME HAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDI-
NANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND
AS SAID MAP APPLIES TO APPROXIMATELY 1.530 ACRES OF LAND
SITUATED IN THE WILLIAM BRYAN SURVEY, ASSTRAQT NO. 1483 DENTON
COUNTY, TEXAS AND LOCATED ON THE SOUTH SIDE OF U. S. HIGHWAY 380
AND COMMENCING APPROXIMATELY 1,140 FEET EAST OF MASCH BRANCH
ROAD; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE
DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND
USE TO LIGHT INDUSTRIAL "L1" CLASSIFICATION AND USE FOR SAID
PROPERTY; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the Zoning Classification and Use designation applicable
to all or part of the property described below is hereby changed
from Agri.:uitural "A" District Classification and Use to Light
Industrial "LI" District Classification and Use under the
Comprehensive Zoning Ordinance of the City of Denton, Texas:
All that certain lot, tract or parcel of land situated in the
William Bryan Survey, Abstract Number 148, Denton County, Texas
and being a part of a tract described in a deed from John Latham
to Mildred Knight, recorded in Volume 1025, Page 293 of the Deed
Records of Denton County, Texas and being more particularly
described as follows:
BEGINNING at a 1/2-inch square iron pin set in the south
right-of-ray of United States Highway Number 380 at a point
south 88°33' east 721.42 feet from the northwest corner of said
Knight tract;
THENCE south 88°33' east with the south right-of-way of Highway
38D a distance of 133.0 feet to a 1/2 inch square iron pin set
at. the northeast corner of said Knight tract;
THENCE south 00°46'55" east with a fence a distance of 500.07
feet to a 1/2-inch square iron pin set at a cross-tie fence
corner post at the southeast corner of said Knight tract;
THENCE north 89°40'10" west with the south line of said Knight
tract a distance of 133.0 feet to a 1/2-inch square iron pin set
at the southeast corner of a 3.500 acre tract;
THENCE north 00°46'20" west with the east line of said 3.500
acre tract a distance of 502.67 feet to the poir~ of beginning
and containing 1.530 acres of land.
SECTION 11.
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 amended to show such change in
District laseLfication and Use.
L . 1010111111101 Z•1713/GUNTER KNIGHT/PAGE I
:1
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1
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 fo-.4 the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, pretec;ing human lives,
and encouraging the most sppropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION IV.
That tht.s ordinance shall be in full force and effect
Lnmediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commiseion and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED %ND APPROVED this the day of ....r, 1985.
RICHARD • STEWART r KAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEW,7TTY-9rCKETM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DEMON, TEXAS
BY:
Z-1713/GEJN'I'ER KNIGHT/PAGE 2
,n v ~~Y }may i Tti,`:.
9 1{ g t y r Y
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a*K~9.rit k. r s~a ar;j7
P i Z Minutes
December 12, 1984
Page 9
as proposed by developer with exception of parking
ratio in neighborhood service area to be 1,200 rather
than 1%250.
Seconded by Ms. Cole and unanimously carried (7-0)•
D. Z-1713. Thic is the petition of Gunter Knight for
GT-9 it and Miller (developers) requesting
in the current zoning classification from Agricultural
(A) to Light Industrial
ofsU. S. Highway 380 tract and commencingc f
shown t on yWi1,140 lliam feet east Abstract #148,
andapproximately
Banton County.
Mr. Persaud stated that notices returned ineven
property ownarss no reply tices were
or in opposition.
Gunther Knight, petitioner, stated that he is a partner
isd to the purpose withnmstalhbuildings ifortoffice/
warehouse type operation,
Mr. Persaud continued staff report stating that proposed
change st that t propertytis the Denton intensityuarea
policico tha p p
which could accommodate approximately 96 acres of light
industrial development, that most of the area is cur-
rently zoNed agricultural and relatively undeveloped at
this time. He stated it Is near Denton Municipal Airport
and falls within zone 41 - zone of minimal effect within
the range of 90-100 CNR (composite note* rating)i that
light industrial development is permitted within this
zone and sound control measures can be considered in
building design. Property is located approximately
unwa,
700
raximusebuilding heigohehallowedrunder airport _zoning
trdinance would be 168 feet.
No one spoke in favor or in opposition to request.
Petitkoner offered no rebuttal.
Chair declared public hearing closed.
the MunicipalwAirport
Me. Cols norovisiansccontainedapproval
following p
Zoning Ordinance (Order 81-0t
1. That building height shall not exceed 108 feet.
2. That the Provisions of Sections 5 and 7 of thee
Municipal Airport Ordinance shall be applicabl
to the future development and use of the site.
3. That the owner of the land, buildings and appurte-
naneaa will allow the City Manager to install,
suand maintain t ch workings and t lightingsfixtures astsayf
Dnton erate
be necessary.
Seconded by Mr, eider and unanimously carried +7-0).
ba % r. a Pry 1 s r TaC?. ~r a a v uy C;J'1
? ;t > b _ 9 w. o a f 1t r~' : 9 F, 4 E re t 7 e ~n d . S J a' h
DATE: 02/05/85
Cyf,T-Y CWWC14 REPORT IP09 M
TO,. Mayor and Members of the City Council
FROM, 0. Chris Hartung, City Manager
SUBJECT: ADOPTION OF AN ORDINANCE APPROVING A CHANGE IN ZONING FROM
AGRICULTURAL (A) TO LIGHT INDUSTRIAL (LI) Z-1714
RRCOMKBNDATIOW:
The City Council considered Z-1714 at its meeting on January 8, 1985
and voted to approve subject to applicable provisions contained in
the Denton Municipal Airport Zoning Regulations (Order 81-1).
;UMMARY :
This is a tract of 4.960 acres situated south of U.S. Hwy. 350 and
commencing approximately 420 feet east of Keith Branch Road.
BACKGROUND:
The site is located in a modarate intensity center which is
relatively undeveloped and currently far below planned capacity.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTRD,:
Not applicable.
FISCAL IMWO,
Not applicablo.
Respectfully submitted:
G. Chris Hartung
city manager
Prepared by11:`~ ~
Harry N Persaud
Develo nt Review Planner
Ap ov d
Jeff 1642%
Difecte;; 7f P aaniag
and Con-unity Davalopwilt
063tt
a 1 as c J u
0984L
NO.
AN ORDINANCE AMENDING THE ZONING HAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDI-
NANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 'kND
SITUATED IN THE WILLIAMT BRYAN SU[t EYELABSTRACT NOC 148* DENTON
COUNTY, TEW AND LOCATED ON THE SOUTH SIDE OF U. S. HIGHWAY 380
AND COMN£NCING APPROXIMATELY 420 FEET EAST OF MASCH BRANCH ROAD;
TO PROVIDE FOR A CHANGE IN ZONING C AND USE
DESIGNATICN FROM AGRICULTURAL "A" DISTRICTS CLASSIFI AT ON AND
USE TO LIGHT INDUSTRIAL AND DECLARING AN I' EFFECTVE DATEATION AND USE FOR SAID
PROPERTY;
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY GRDAINS:
SECTION I.
That the Zoning Classification and Use dssignat-.ion applicable ow is from lAgricultural "All DistrictdClassification ndhUse ytohLight
Industrial "Ll" Comprehensive Zoning District of Classification
City of n Denton, Texas: the
All that certain lot, tract or parcel of land situated in the
William bryan Survey, Abstract Number 148, Denton County, Texas
Volume a10deed from John 25, Page 93, Latham De d
and co Mildred a Part KnightE aretract cordetdescribed
Records of Denton County, Texas and being more particularly
described as follows.
BEGINNING at the northwest corner of said Knig.:t tract, a
1/2-inch square iron pin in place on the south rign,-of-way of
United States Highway Number 380;
THENCE south 88°33' seat with the south right-of-way of c+id
highway a distance of 418.72 feet to a 1/2-inch square irot pin
set in the ground at the northwest corner of a 5.030 acre tract;
THENCE south 00°59'00" east with the west line of said 5.030
acre tract a distance of 508.63 feet to a 1/2-inch square iron
pin set in the south line of said Knight tract;
tract THENCE a north distance of 424.55 feet to easouth inlin,.- of ch square said iron Knight
in
set in the ground;
THENCE north 00°18'30" west with the west line of said Knight
tract a distance of 516.7 feet the point of beginning and
containing 4.960 acres of land.
SECTION 11.
The Zoning Map of the City of Denton, Texas, adopted the
the Code of
l4th day
Ordinances of Jthea City14of ,Denton,I TeAppen undero Ordin since No.
69.1, be, and the same is hereby amended to show such change in
District Classification and Us*.
Z•1714/GUNTER KNIGHT/PAGE 1
r T 1N.,,,✓n' sy i Yp, to n"1~, ° 'r(",„ ° Tw .~R1 r1: f e ~T y [ d
SECTI__ UN 111
That the City Council of the Cityy of Denton, Texas, hereby
finds that such change ofis romoting rtheCe 1 enewith a ral welfere ehof sthe
plan for the purpose
of ie~neon o~e`e, p
character rofs thedistrict rando formits
other th 8 and with a view to
peculiar suitability or particular uses, and human lives,
conserving the value of the buildings, p
and encouraging the most appropriate uses cf land for the
maximum benefit to the City of Denton, Texas, ai.l its citizens.
SECTION .W.
passagshall and force dnd effect
public
That this after ordinance
immediately the Planoing and Zoning
hearings having heretofore been held by of Denton, Texas,
aoticeythereof Council o of the City
Commission and the
after giving due 1985.
PASSED AND APPROVED this the dr,y of
C1TY 0£ DENT~
ATTEST.
bm
mm DENTON~
APPROVED AS TO LEGAL FORM:
EXAS CITY ATTORNEY
JME D. MORIS9 ACTING
CITY OF D
BY:4a v~
1
i
Z-1714/GUNTER KNIGHT/PAGE 2
rt v ( Mf ~Jf r h '!rT r µ Sd ~fxA .r r`w F ."<~~M.
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,p Z Minutes
Decen'sr 120 1984
Page to
E, Z-1714. This is the petition of Gunter Knight for
Kn gFtt and Miller (developers) requesting a change
in the current coning classification from Agricultural
(A) to Light Industrial (LI) on a tract of 4.960 acres
situated south of U. S. Highway 380 and commencing
approximately 420 feet east of Masch Branch Road and
shown on William Bryan Survey, Abstract 1148, Denton
County.
Mr. Persaud stated that notices were mailed to seven
property owners? no reply forms were returned in favor:
one was returned in opposition.
Gunther Knight, petitioner, stated that he is a partner
and the purpose of requesting light 'industrial toning
to to develop property with metal buildings for office/
warehouse type operation.
Mr. Persaud continued staff report stating that this
4.9 acre tract is located about 300 feet west of area
of previous request, that proposed channgge is consistent
with the Denton Development Guide polici*a. The prop-
erty is located in a moderate intensity area which could
accommodate approximately 96 acres of light industrial
development, that most of the area is currently toned
agricultural and relatively undeveloped at this time.
He stated it is near Denton Municipal Airport and fells
witt.in tons 11 - tone of minimal effect within the range
of 90-100 CNR (composite noise rating)j that light in-
dustrial development is permitted within this zone and
sound control measures can be considered in building
design. Property is located approximately 7000 feet
north of northern extremity of the runway, maximus
building height allowed under ai-oort zoning ordinance
would be 108 feet.
No one spoke in favor or in opposition to request.
Petitioner offered no rebuttal.
"hair Ceclared public hearing closed.
Mr. Escue moves to recommend approval of 7-1714 with the
following provisions contained in the Municipal Airport
Zoning ordinance (Order 81-1):
1. That building height shall not exceed 108 feet.
2. That the provisi:%ns of Sections S and 7 of the
Municipal Airl rt C.dinance shall to applicable
to the future development and use of the site.
3. That the owner of the Iand, buildings and appurte-
nances will allow the City Manager to install,
operate and maintain at the expense of the City of
Denton such workingis and lighting fixtures as may
be necessary.
Seconded by Mr. Claiborne and unanimously carried (7-0).
F. Recommend approval of preliminary and final replat of
the Veteran's Addition, Lots 4A and 48,
Mr. Persaud expl.ined request stating this is a tract of
0.367 acres situated north of Lindsey Street and watt of
McCoraiek Street, site is coned links family (Bt-7) and
purpose of replat is to create another single family
residential lotj He. continued that plat conferse to
yV wn 1, 77
. 77, -februai~y 5, 1985 ,
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FRGM. G. Chris Hartung, City Manager
SUBJECT: Reconaider Proposed 12" Oversize Waterline and Water Pro Rata
Agreement with Allan Estates Mobile Home Park on South Mayhill Road
Near 1-36E (Owners Bert Singleton, Steve Sherwood Byron Williams of
idacHill Associates, Ltd) 410 E. Hwy 121, Lewisville, Texas 75067 and
Their Assigns.
RECORODATION:
The Public Utilities Board at their meeting of January 9, 1985
recommended to the City Council that the oversize of this 12" water
line be approved and that the City be authorized to go out for bids
on this project. Also the Board at their meeting of January 9, 1985
recommends approval of pro rata agreement for offsite water line.
SUMMARY:
The Hogan and Rasor Distribution Study has indicated the need for a
12" water line to transport more water to the southeast sec pion of
Denton. The attached map indicates the locati)n of the new ~I lan
Estates Mobile Home Park which will be built adjacent to South
Hayhiil Road and I-35E. This addition can only be served by the
construction of a waterline extension from the closest City of
Denton water distribution source 1,805 feet south on Hayhill Road
(12" existing). This 1,805 foot segment of new oversized 12" water
line would be economically advantageous to the Citl in that only the
oversize cost would be chargeable to the City (12 versus 8"), The
Allan Estates Mobile Home Developer would pay for the equivalent 8"
waterline. Sufficient sanitary sewer exists adjacent to the site
and does not require oversizing participation by the City.
BACKGROUND:
Approval to serve Allan Estates Mobile Home Park with water and
sanitary sewer service outside the Denton city limits was approved
by the Public Utilities Board at their meeting of January 9, 1985
on 03/12/84 and the Denton City Council on 03/20/84. Since that
tithis evelopment has be,:n annexed,
This agenda item is being submitted due to the sale of this
development to new owners as listed in the title.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Department of Utilities, Developer, future development,
0598) (3410:7)
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i 1 4 a Ft ')I1u
'M, a.ni a N iP i iu k Y ~r S i
a .i
F I SCAB.', .I-F(PIICT t
All figures are estimates:
Total Project Cost for 19805 feet of 12" 545,125
Waterline 0 525.00/foot
Allan Estates Mobile Horne share of costs
for 1 805 feet of equivalvent 8" water $38.808
line 6 521.50/foot
City share of oversize 12" water line S 69317
Source of Funds: 623-008-0461-9138 Wtr Brmd Funds
Respectfully submitted:
G. hr s artung
City Manager
Prepared by.,
C. David Naas
Asstistant Director of Utilities
Water Wastewater Divisions
ZR11 c
son
Director of Utilities
EXHIBIT I-Location flap
II-Participation Agreement (New) for Oversize Water Line (draft)
III Pro Rata Agreement for Offsite Mater Line (new)-draft
IY-tiinutes CC meeting of 03/12/84
Y-Minutes of PUB Meeting of 03/20/84
VI-iiinutes of PUB meeting of 01/09/85
0598) (3410:8)
f n wt~ ay .A r R ti Y" yti E z:. ' t , * 1..+ t ' ks J; 1". Olw 1~7 V,
'rf} Fw:te 'h x ;N~ -.w. r n'7 F, ° ,~s t ".i
r
NO."
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 A EFFECTIVE DATE.
WHEREAS, the City of Denton wishes to enter into an agreement
to participate in the coat of providing oversized waterline
facilities which is in the best interests of the City; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances re?q~utres
that the City Council approve all expenditures of more than i3, 000;
and
WHEREAS, Section 2.09 of the City Charter requires every act of
the Council providing for the expenditure of funds or for the
contracting -if indebtedness shall be by ordinance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY OMAINS:
SECTION 1.
That the City Council hereby approves the "Vaterline Oversize
Participation Agreement", attached hereto, to provide for the
cityy's participation in the cost of providing oversized waterline
facilitlea in accordance with said agreement and the Mayor is
hereby authorized to execute the agreement on behalf of the City.
SECTION It.
That the City Council authorize the expenditure of funds in the
manner and amount as specified in the agreement.
SECTION Ili.
That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this day of 1985.
RICHARD V. CK
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOZ D. MORRIS, ACTING CITY ATTORNEY
CITY OF DE sot TL W
BYs zmt T)
awe
T
~~i ~ ~ a x. •i r aC' t ~ ~1 x~~+"i rth b ar M a ~^y i ~~.r t V'~'+.
' MATER LINE OVERSIZE PARTICIPATION AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
I
THAT WHEREAS, Bert Singleton, Steve Sherwood, Byron Williams
d/b/a, Mayhill Associates, Ltd., and/or their assigns, 410 E. 1hry.
121, Lewisville, Texas 750670 are the Developers of certain property
shown on the attached map, which map is incorporated herein as if
set forth in full, in the City of Denton, Denton County, Texas, and
further described as property on south Mayhill Road near 1-35E, and
the Developer desires to serve such property with approximately 1,805
feet of on and offeite water line facilities; and,
WHEREAS, the City of Denton desires that such on and offsite
water facilities be oversized and the City will participate in the
additional coat of the oversized facilities pursuant to the provi-
sions of the Denton Development Code, Append.x A to the Code of
Ordinances of the City of Denton, Texas;
NOW, THEREFORE, THIS AGREEMENT, made this day of
1985, by and between Bert Singleton, Steve Sherwood, Byron Williams
of d/b/a, Mayhill Associates, Ltd., hereinafter called "Developer",
and the City of Denton, Texas, A Homs Rule municipal Corporation of
thri State of Texas, hereinafter called "City";
WITNESSETH:
1. The Developer will install, by contract or otherwise, a 12"
water line and necessary appurtenances to serve the property
escr a on the attached map in accordance with all City of Denton
ordinances, rules regulations, policies and procedures. The said
facilities shall to located as shown on the attached map which is
made a part hereof for all intents and purposes.
2. The Cityle. share of the estimated cost of said facilities is
6_01 7 (16805 L.F. X $25.00 - $21.50). Upon completion of construe-
t on an acceptance by the city o said facilities, the actual cost
of the City'a participation in said facilities shall be determined
and certed to by the Director of Utilitiea, and his certificate
setting out the City's cost of said facilities shall be attached
hereto and made a part hereof.
3s the dity'shall p ay fer Its share of the facilities within
thirty (30) days fro,* the date 'of acceptance of the facilities, or
WaTEP. LINE OVERSIZE PARTICIPATION AGREEMENT/MAYHILL ASSOCIATES, LTD.
PA{iE i
M } r x
59 ram i a mss ~f.ti ° u y.'"'S 6y..N{ Y
b .~.T Ak".,~$ Od.
1 1
777"'r7
undok"Ouch.terms' and conditions that are mutually adceptable to the
p4rtiae.
4. title to said facilities is hereby and shall at all times be
vested in the City.
5. The Developer shall and does hereby agree to indemnify and
hold harmless the City from any and all damages, lose or liability
of any kind whate3ever, by reason of injury to property or third
person occasioned by any act or omission, neglect or wrong-doing of.
Developer, its officers, agents, employees, invitees, contractors or
other nersons with regard to the performance of this contract, and
Developi% will, at its own cost and expense, defend and protect
against any and all such claims and demands.
IN WITNESS WHEREOF, this instrument is executed on this day
of , 1985.
CITY OF DENTON, TEXAS MAYHILL ASSOCIATES, LTD.
BY: BY: KIM= Os 9rEWAR $MAY811 BERT ,
BY:
STEVE SHMOODO
BY:
ATTEST.,
cMLoTU ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
WA'1'LR LINE OVERSIZE PARTICIPATION AGREMENT/MAYHILL ASSOCIATES, LTD.
pA49 2
f
a.
y J 1~ s nl.;: 3 r! ( I .fi w E Gd r G. Yy ~r
/ 5 Y+3i$ .J Y dy Aw •ow k{ i,. f y. H { F
J,nkw wok iJT r tar. ( ,y t 4
WATER LINE PRO RATA~ AGitEEMENT
THE STATE OF TkXAS
1: 11 1 KNN ILL MEN BY THESE PRESENTS
COUNTY OF DENTON §
THAT THIS AGR.TtMENT is made this day of - ,
1985 by and between the City of Denton, a Municipal Corporation of
the County of Denton and the State of Texas, hereinafter referred to
as "City" and Bert Singleton, Steve Sherwood, Byron Williams d/b/a,
Mayhill Associates, Ltd., and/or their assigns, 410 E. Hwy, 121,
Lewisville, Texas 75067, or its assigns, hereinafter referred to as
"Owner".
WITNESSETH:
WHEREAS, Owner will install a water line from tha City of
Denton's 12" existing line 630' to Owner's development on Hayhill
Rnad; and
WHEREAS, in order to serve this development with water services,
Owner will be required to pay the cost of 650 feet of water line and
will extend such water line as described above pursuant to the
provisions in effect on the date of this Agreement of the Denton
Development Code,Appendix A to the Code of Ordinances of the City of
Denton, Texas; and
WHEREAS, the Owner desires co receive reircbursement for such
cost under the provisions of said Denton Development Code of the
City of Denton, Texas;
NOW THEREFORE, in consideration of the premises and the mutual
covenants and agreements hereinafter provided, the parties hereto
agree as f.)flows:
I.
11.4t for and in consideration of the construction of such water
line extension for the benefit of owner sud the City, the City
agrees to reimburse Owner not to exceed his cost of construction
only of such main extension the aura of $13,975.00 (6301 offaite X
$21050 tier foot for 61, Oita lip
the date of this Agreement of the Denton Davolopmeni code of the
City of Denton, Texas, as heretofore amended with the followitjg
limitations:
t JS~"r 'F' .d" tA:. "n L. a e w
4T y
✓A f y Y. 1 h~ F :A * } of ~ 1t a bid v rillid bar,` c i° bixe"dtbic 'bf Ut i t
1
'ities br his., ed gn~e bas idd on a4t6sl°`cosi df attsite v4ter' line'
construction as prBSa~lted Vf"the dine xi',
B. The reimbursement shall not . apply ' to main vxtensicns
constructed by the City of Denton or under its directions from any
main construction under the terms of this Agreement'.
C Reimburarment payments, shall be made to the Owner or their
assigns if written, and to no other person(e).
D. The reimbursement aforesaid shall be payable only from funds
received by the City pursuant to said Denton Development Code.
E. Thera shall be a maximum of twenty (20) years as the period of
eligibility wherein the original installer of the water line may
request reimbursement of pro rata payments under this Agreement. The
period of eligibility shall begin as the date of final inspection and
acceptance of the extension by the City.
F. All pro rata fees incurred under the provisions of the Denton
Development Core shall be paid directly to the City and the City shall
transfer amounts due to owner within thirty (30) days of receipt.
II.
That for and in consideration of the Agreeuents to be performed
by the City as aforesaid, Ownst hereby transfers to the City all of
its rights, title and interest in and to the water line extension
described above, and any and all easements and right of way agree-
ments secured by them for the purpose of locating said water line
extensions.
WITNESSETH the hands of the parties hereto on th9 day and year
first above written.
CITY OF DENTON, TEXAS MAYHILL ASSOCIATES, LTD.
'
B . .1T.1 AR BY.
'COt'0
CITY MANAGER
BY:
BY.,
ATTEST:
M{
C1,1f OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE MORRIS, ACTING CITY ATTORNEY
C!TY OF DENTON$ TEXAS
BY:
WATER INE PRO RATA AGREEMENT/MAYHILL ASSOCIATES, LTD.-PAGE 2
`7 1 Yryy yp Z (
, 1a
'
e
>~s .Minutes Public Utlliltj ddaad`
ISO ' oeeerbet 1/, L9g7 (~oatinued) .
14
E LL / IOn-A8ted
,~~r On this if-d7ffi
MutnInr t e proposed rev If inn$.I General discus/ion
follower durln which SOyd sXP-` 4t her objection to items
84-w-2c ind at-S-1 stating ;net the items had profound
policy in llcscions, and that vie was not prepared to vote
%n the Ltem/ until those im;:kcations had been studied.
:tutee Jade a motion that ehn dosed recommend the City
CObnCil approve the ptoPosud rev! tone of the ``983.64
Capstal Improvements Plan, ex.ept for !tams d4-w-20 and
84.3.1. Second by Love_eee, five ayes, no payee, motion
cirtted.
Galata then made a motion that the doatd recommend approval
Boydrabstal ed20motlon carried.•~i1Netting thenymadsna motion
that the Board recommend approval of iter 84-5-1, second by
Coomes, four aye/, no nayes, Boyd abstained, motion carried.
tl. N' ,
tqYIQUO_ WAM t-- FOR ROL
V 14 1.4 MCOIU
r
- A
nelson briefed the Boat on CPie item an its, to
oevaioper of the project, reported to the Board his firm=
willingness to pay tbelr share of the cost. Further.
sander/ added that if the Board were to deny water acid
ewer servicaa, his firm would have no alternative but co
put in wells and Oyerace on either a septic tank system or
package sower tteacwt plant, After discussion by the
dosed, Loveless made a motion that the Board recommend l Of marting, who taddedltLhAtt heChwishedy It oe stipulated and
expressly written in the Minutes that this recommendation
pertained only tt the act o? providing water and sewer
services.
of over/ did riot
line/atom this the City use or
development, shotia
does the
address quaitton ill of be born costs
by wttheDa velopee, theihose
• issues, added Nerting, will be addeessad at a lacer
meeting. Five ayes, no neyes, motion carried.
lY) U U) 6oe419e1 tiltjlloe in Overalxe Waterlie. (1]"1 Oe
Sh~emae Oeiye to servtee MllLhaven d~ erne Addttlon
t
Brad dear t-356.
At toil point. Coomes asda a aotion that Item 9 and Itea 10
be tabled until policy Implications could be furtrer
studied. aacona by Herring, five ayes, no nayes, aotton
carried. _
11. CY dzVl 1 ,ralson reported to c,,/ Board that a policy
rev ewe meet ng was tentatively scheduled for January
1984. After brief discussion. the dosed members agreed to
meet on tnat day.
12. CONS1Ge,t CMUCINO diPOJUi October 1987 Xovenve and
Bxpannilure teports or the Clectrlc and dater/wastewater
funds wets received without comment by the Board.
13. 9TILITY w1yl,O M s tIPO/~~ Nelson reminded the doatd of
ens purpose of joint meeting with the City Council
got
rstas. Laney pttnentexpressedb his dealt* that the
Board request a planning session with the Council, and
after brief discussion by the Board, it resolved to submit
r lettar of request to the Council for such a meeting.
VT-' ~v -,7~
i`$• ~iS K y •r`r y, e'w L , I ~ ~ I
af' 1r' ~r ~r ~'^r.y '.i S ~i a`' r +s' r "r Yea 13r. .y~ r n a] S 4 C
4 r .Y ❑ 9 'I' ~ ~ ix J qt r ~ •tx
)r k~i • ~i~'rC ! . 5 tt ([`d +~"~'4,aa "~,u Y f !r ~1.. I~
%
• ao1Je11~`t}, ~t at`•'I•) .L{".~• iM(bwtes rXYVI~C dt~+~yS1 dO~CIs+ '
i!~ ~.I ~r•r Mdteh l~f i!N teoae'da' ~S
16~LSWL .-A 14
'q~.V 5,~ 7. J" 17. .d • f 10#91064 t Q' 'facts a e pg Item, tadiditliig tbie bbIt pee at1 and
e • r . t+e Cause l add ltrit approved service - to a411 t#total-
lfoe point~4 6440k,
uthat this dsvelopssat Val'withle the
• city limits. Srlef distuselon followed, duri% which Mae
ypyointed out that thtl project would permit the Cit to
belt. 'Coast $n;;de a `motion the tai doord ltetom mod that
tea fifty council approve the City's parti0ipattas to the
east of the subjeet over$ttd pro act, Second by Matring,
live slew so noyea, notice eaerlei.
~Otth no further business. Laney adjourned the sooting a
_lt133 gi. .
a , i
MlrurfS
Q lusLIC UTILITIES AOAAD
Q eureb 21, 1931 1130 pet
Members lreesatf Chairman. A41104 Loamy. Edward Comes. Leonard
Mertiag, Mdoey Says
A. A. aalson
staff) state rullos, Dave flame Charles Ctyae, Joe Lahadu
:;*~betaj Joe Motet, Dabtoe dotard Chronicle. Itytoe foster,
• ~•f., 230u Speeeer toad
~.ru• .•Also Ia Marvin Lovolua, Chris Hartung (both *Reused)
r + y+ i,emey called the meeting to order at 1130 PM.
,.Il: nor„ 1.
a r~7 •:c • es W. m mOt 00 that t .a inutaa be
aeete as written, second by Mstrisg, three eyes o0
• 7 :i: tsifieptashe would be iltjhtly delayed godlwas set presentafor
We item.)
ll-j
UlIW
. r.. ;l, a G.1/•.+~a'i .6 Console
A. e a mOt On t at the autos too accepts
L t • following eorroctioes: tgdt the gloat distance in
r m dome be corrected to told, ' ...we wowld bat want to
sffeet $web an uadettaliag if, in the long two, we could
• .5• - r tai WOwar ell coats U well am tome W tglesl N:wrn", and
s: , ,r.. coorteet the fleet @settee# of item 2.e. to reel, "Ittef
• discussion followed with the board eoaeludlag that it
• opposed tae use of waterleswet eatenetoas to direct Crow:
and that It pre acted to malatetn the present policy oi
r aatteding utility service facilities cell attar growth
occurs ratnet than emteediag such fsellitles before head In
as attempt to direct ttowth." Sold SOtsed the neatin at
We time. Second by Metric!, four ayes, ao style, so ton
carried.
Clty of cosies City Couatll Miautoo
N"UNC Of VAM 20, 1104
Pdfd ?hit*
7. The Council did net receive a report an tit* inspection
tees tot null businesses duo to look of time.
1, The Council coavensd into tiecutty/ 5///l0a to discuss
1e941 Matters, cons estate, personnel, and board 49peiacmeats, No
official action was taken.
The COUC it then Ceayeaed tote the tegulAt mooing to the Council
Chambers.
PDRSRNT: Mayor Stowatt: Mayer Pro Tom liddlespecget: Council
Nembocs Alford, Dalton, Chew , napkins and stopboas
City Naaagtr, City Attorney, and City Deccotary
ADSRNT: None
L The Council Con/idored apptovat of tk• sioutoa of the
special called setting of December 13, 1913.
Itephens notion, Chew second that %to minutes be approved as
pteseated. Notion eattied unanimously.
2. Consent Agenda
Hopkins motion, liddloo ergot second that the consent agenda be
approved as pretested. Motion Carried unanimously.
Consent Agenda:
A. Bids and Purchase ordosit
1. Did t 9251 - Motet treatment chemicals
2. Purchase Order a $1931 to Justice leoldtag in the
asonnt of $3,100,00
3. Purchase Ordet / $2129 to CumminS Supply in the
amouat of 59,11$.11
1. Plata sad Replats:
1. Consider approval of the preliminary plat of hots
A and 1 at the Dentoa Squats Addition (The
Planning and Zoning Commie/ion tecommtede
Approval.)
2. Consider approval of the preliminary plat of the
Natsceae Addition, (Trio Plsantnq and Zoning
Commisslon :/Commends sporoval.)
3. Consider approval at the final replat of late 21
And 22, block At section 1. Of the 14114194
Heights Addition. ("he Planning and Zoning
Commission recommends approval.)
a, Consider Ipptovdl of the e
Iota 1 and 3A at the 0nleytPark iAddltied lat(The
Plaanin sad teniag commission todowdds
Approval.)
C. AgrsememtA:
1. Censidet pattielpati0n in evotsite watecllad
sogsouth ttaybill loads Adas to-SIN. (The ►nblle
utility based teeewnadg Approval$),
i x: t . a~ + k.. 1 Y r! 3~e 3 . . N SM sw ~F "1 • ''h'ca3 ~,."1'~ 'y'.
!i o ! 1 A a a y; .1 d o l~ R. r.
d•.'I~K btu ~~w'
; It
.
1: D~tl%
may
• ' t
16
'If
xrter
`•y { . :.O
Sow I
• 1 ~ [ \ . 111
► ALM 1'E MILE E r-s
• , ; I , I i 0 -t' • a ,1.
lobs# 12 WidMt11MIN . '
~~MAIr
~ EX ISM 1
IA " 12 M w~cr~~`1
• o
-•r,•u♦. ••1~~'/;,"'.' ` • ~ .pfd/s ~..1. .
soli yf4 G~', • ` ,..~:v-ar. ~~i 7
••-i.y~fro/M i/? ~ _r•~• ' ` •l•r1' .
• . ~f
?y=,•„ ''still t,, 1 CC--
jI
Y ii \ • • 1+' . • 1 . 1, y'•,l ' 1 • '
ti. . f ; •
AIL
too
1
. • t ~ 1~ , • • 111
1 ••.WY\ML' rYY
' • y ! . 1ri.r:a► s~r~a vr,.~...+.rr+a.l(.,w~.••~1• r
.N r i S 3'~t G ?i. 1F1 r it 6 p~< < L H A -+'3+ aRi g 'r'Y's 1i,i~.~ , t.•
qtr ti. 4 A. ~ r ♦~Y i r~ ~ t.'.!i }~w Y~"~,~A} „~t li ,5
•
WATERLINE PARTICIPATION AGREEMENT
THE STATE OF TEXAS s
CCUNTY OF DENTON 5 KNOW ALL MEN BY THESE PRESENTS:
That WHEFEAS, ALLAN ESTATES MOBILE HOMES, INC., Post office
Box 1049, Lewisville, Texas 75007, (214) 231-3702, is the
ceveloper of Certain property snown on Ene attached plat, wnicn
plat is incorporated herein as if set fortn in full, in the City
of Denton, Denton County, Texas, and further descrited as
property on South Maynill Road near I-3".E, and Developer desires
to serve such prcperty witn 1,805 feet of on and offslte water
line facilities: and
WHEREAS, the City of Denton desires that su:h on ant, offsite
water facilities to oversized and the City will .art,*c.pat* in
the additional cost of the oversized facilities pirsiaet to the
pirvisions of b3-70 of tr,e Code cf Creinances o! tre City of
Denton, Texas;
NOW, THEREFORE, -.S 15 AGRE:mace thia Ada} of
1483, ey ano tetween ALLAN ESTATES mca I_E
HCY.ES, INC., Menton, Texas, rereinafter called -.tvtloper", arc
toe City of Denton, Texas, a Home Aoie municipal Ccrporati,:n cf
tot State of Texas, hereinafter called "City';
SETH:
1. Tne Developers 04-1 :hstall, ty ccntract c: otner.ise, a
twelve inen (12") rater vine end arp~rter,ahtts to serve the
property oeserited on tr.e attached plat in accordance wits sl
City of De r. tan ordinances, :alts, ragjlat.,.s, yolicies and
srocodares. The said facilities snail to located as scorn cn
the atteene6 'r-6P wnien is a.ade a part hereof for ail iattc:s and
p,:rposes. !
Inn City's snare of the as 1nateo cost of sale tacilities
is epp:or.ir.,ately Six Tncraaand roJr V.ndrtc ano 1~0/!CO Lal.ars
(iE,.oo.03). ;;pon completion of CCnstruction and acceptance C'y
t,
PACE 1
> + 'r~ ,,77T"7 -
wd r~ n; Y 4 ~t a `
•
the City of sati facilities, the actual cost of the City's
participation in said facilities shall oe :etermined and
certified to by the Director of Utilities arc r.is certificate
setting out the City's cost of said facilities shall be attacned
hereto and made a part nereof.
3. The City shall pay for its snare of the facilities '..thin
thirty (30) days from the cite of acceptance of the facilities,
or under such terms and conditions tnat are mutually acceptable
to the parties. .
e. Title to said facilities is nlreby ano stall at all times
be vested in the City.
S. Tne Developer snall anc noes nereby agree to ir%emnify
and bolo nafmless the city from any ano all oamages, Loss or
liaoility of any Kind wnatsoever, reason of injury to
property or third person occasioned ty any a:t or c.rissior.,
neglect or wrong-doing of Developer, its Cffice:s, agents,
® employees, invitees, contractors or other persons ,itn [egarc to
the performance of tnts contract, a-.o reveloper .Ill. at its 06m
cost ano expense, defend and protect against a,.-., and all sjch
claims and demands.
IN WI-,NESS WHEA=0F, this instruaeat is exruted
Y
triplicate originals this day of 19n4.
CITY OF DENTON, ERAS ALLAN ESTATES MC91:E MO%ZS, INC.
BY:; SY: ~
na h i~D S.E nh. !A y v -
ATTEST:
ZFARLOTTE ALLE%;- CITY ECnETARY
CITY OF DENi'ONo TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTOk%ZY
CITY OF DENTON, TEXAS
PAGE i
Y f k y1 L te Y
XlAT r...M1 c~ L~~ ~ c ~ e •.'3 b.
r
CITY COUNCIL BACKUP INFORMATION
ALLEN ESTATES MOBILE HOME PARK
Public Utility Board Minutes
January 9, 1985
118. CONSIDER PROPOSED 12" OVERSIZE OF WATER LINE OVER 8"
AK T~hA EpQ R DIr- RAE IX Z E T A WATER I P
SOUTH MAYHILL ROADa APPROXIMATELY 180S FEET,
Thps Staff recommended both the oversize and the pro
rata agreement for Board approval and recommendation
to the City Council. Mr. Ham informed the board that
the agreement in question is necessary due to the
change in ownership of the property since the Board
and Council had originally approved the agreements.
Boyd made a motion to approve the pro rata and
oversize agreements. Second by Thompson. Four ayes,
no nayes, motion carried."
3446U:l
F i= r
fyW j ;x r r.: r r i d k M.4i 7 ~y M t y
r: i e ~ ~3 ♦ r . ' t fY i4.'Fn 5 t , ~ Fysr x .Q. ~ •7r ! y y;'r 5~+- .
i
DATB:
CITY COUNCIL REPORT #O AT January 289 1985
TO., Mayor 2nd Members of the City Council
FROM: G. Chris Hartung, City Manager
SUBJECT: Resolution in Support of a Grant Application with the
State of Texas Parks and Wildlife Department
RECOMMENDATION: Approve a resolution in support of a grant to develop a
new park area in northeast Denton.
SU14M AR Y: Foxworth/Galbraith Lumber Company has consented to donate a tract of
land approximately 16 acres in size in northeast Denton. The City can use the
value of this land as our portion of a 50/50 match with the State of Texas to
develop the property. Due to State restrictions, the City cannot accept the
donation until after their action on this grant,
BACKGROUND: The owners of this site, due to floodplain restrictions, cannot
economically develop the area. They desire to donate the land to the City for a
park site. Due to a deficiency of park acreage in the northeast section of town,
we feel this addition would help to ease the shortage of parkland. If the State
approves our grant, we will dbe able ttoo accept pthe donation from the owners and
PROGRnAMS, r DE?APTM~~1T5to0Re4Gp1R$PIPSQAW6CTED:
The Parks and Recreation
Department would have to maintain the site. If State funds are not available,
we would also have development costs when we decide to develop the property,
FISCAL IMPACT: We hope to receive approximately $200,000 from the State for
development. Annual maintenance costs will run approximately $500 per acre if
left undeveloped and $1,000 per acre if developed.
I
Respectfully submitted:
G. (;Kris a
City Manager
P ared by:
as Steve rtnkman
Title Director, Parks and Recreatiop
! A Wed
Ne
Title
77
R L C1_UT IOI
A RESOLUTION OF THZ CITY COUNCIL Of THE CITY Of DENTON DESICNATINO
CERTAIN CITY OFFICLA&S AS 69INO RESPONSIBLE FOR, ACTING FOR, AND
ON DOW Of THE CI'T'Y Of DZNION IN DEALING WITH THE TEXAS PARKS MR, THE TAW AND WATER CONSI~RVA ION FUND A CTCTPO L 1'9k=S iP/CIRTIFYUW THAT M
CITY or Dar" IS ELIOISLI YO RECEIVE ASSISTANCE UNDER SUCH
"A" I
WHEREAS, the United States Cosgress has passed the Land and
Water Conservation fund Act of 1965 (Public Law 86.578), authoris-
ing the Secretary of the Interior to provide financial assistance
to states, and political subdivisions thereof, for outdoor
recreation purposes] and
VHLREeS, the Texas Legislature has adopted Article 6081x,
V.A.C,S.s for the purpose of allowing the State of Texas, and its
political subdivisions, to participate in the federal program
established under said Public Law 88.578, or such other proSvass
as are hereinafter established by the federal Government; and
WHEREAS, the City of Denton is fully eligible to receive
assistance under this Program; sod
YHERFAS, the City Council of the City of Denton is desirous of
authorising its administrative staff to repreaent and act for the
city in dealing with Texas Parks and Wildlife Department concerning
this Program; NOW9 THEALTORE,
BE IT RESOLVED BY THY. CITY COUNCIL OF THE CITY Or DWION, TEXASs
SECTION 1:
That the City Couaci~ of the City of Denton hereby certifies
that the City of Denton is eligible to receive assistance under
Public 86.5781 as augmented by Article 6081r, V.A.C.S,
SECTION III
That the City Council hereby authorizes and directs its City
Manager to represent and set for the City of Denton to dealing
with the Texas Parks and Wildlife Department for the purpose of
PAGE 1
'
this Progtm. The City Manager is hereby officially designated as
the City's representative in this regard.
MUM 1111
The City Council hereby designated its Director of finance as
the official authorised to serve ss the City's fiscal officer to
receive federal funds for purposes of this Program.
SECTION M
The City Council hereby specifically authorises the City
officials herein designated to slake appltcation to the Texas Parks
and Wildlife Department concerning the tract of land knova as
Northeast Park in the City of Denton.
INTRODUCED, READ AND PASSED by the affirmative vote of the
City Council of the City of Denton, on this day of ,
1985.
CITY Of DENTON, TEXAS
ATTESTt
CHARLOTTE ALLEN, CITY ULUXIART
CITY Of DENTON$ TUAS
APPROVED AS TO LEGAL MMs
J01. D. MORRIS, ACTING CITY ATTORNEY
CITY Of DENTON, TE8A8
SY :
I'
t,
PACE 2
w . 1 .fir"~'S 4 ' .e. , , t •r, ~ : t i~". Ct~' F 4►+I~,' .tr, 1 4~`~~
~ ''I ~ r~~.'; f, +j".~l b, •'~t"'1~~~+]d"~i~yYl ¢.t 7~ F *,r P '
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7 ~ R ~a ~ 7 1 1 \ i
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f f
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• 1• 1 O a r,• C 17 ~ r
14
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•
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L,,., M; + \ its J f ~4 + a1 ` t , y a iy ~j•
, C/• - r , f~ ♦ Ilan •'4!4
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\ ,I Alit
1,lC ~ ~ l• J\~.~r ~a t •+i~ t +,r ,~j j'\. ~ ~.s.. ~ .r'/ / 1
4( 4
It %
' • / C l \ `w, 1 ,/N. • ' t ; • t 1 rl i' 1
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Y Y: I C 7 1 ~ 1 i 1 1~ t ~ s l 4 a i
. ~ - 9999~~rr 3 t t =ii rl t
~1~...r1...r. NOITINONAM tl R.
1 C ~ I 1 ~ i • , • Av • I • II I ~ ~ y ~r M•
Y • i V 1 y r 1
Pit
+ •
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1 y - • + , • + •r
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t
psi t
R cp`~. ~ r tiS; A a F t4 s r t,f, j' 1 ^7 z:aY +1 r . '.r♦ f` u a v t~ s .r:. a~a 'yt 3V i ^ a
l 2~Ftd r' 1 rxe . o 3 ^ i s3 r a ea r s Ic y 6 r'y
tt i y ~ J~~ n. r r
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56 I February.5 1485
CITY. COUNCIL' AGENDA ITE=M
TO: MAYOR 4 MEMBERS OF THE CITY COUNCIL
FROM: G. Chris Hartung, City Manager
SUBJECT:
Consider Resolution for Approval of Sewer Pipeline Boring
License for John Pass Investments Sewer Line from
Missouri-Kansas-Texas Railroad Company.
RECOMMENDATION:
The Staff recommends (1) approval of subject Resolution and (2)
the payment of full license fee of $1,195 at this time which
will be shared SO-SO between Developer and City upon project
completion.
SUMMARY:
The construction of the new 18" sanitary sewer line depends on
boring underneath the railroad. This license approval and
payment of fee by the City of Denton will make this construction
possible. The new sewer line is necessary for City growth.
BACKGROUND:
On July 24, 1984, the City of Denton signed a Sewer Line
Oversize Participation Agreement with John Pass Investments
(J.T. Pass) which included a provision that the engineering
design and easement purchases for this sewer line would be.
shared on a SO-SO basis between the Developer and the City.
(Exhibit 1).
The Developer (John Pass Investments) Is in the process of
constructing this sewer line and requires the obtaining of a
license for boring under the Missouri-Kansas-Texas Railroad near
Scott Street. (Exhibit II and 111)
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
City of Denton, Denton Municipal Utilities, Legal Department,
Developers.
FISCAL IMPACT:
The cost of this license is $1,19S. Upon completion of this
project, John Pass Investments will share SO-SO in this cost
(John Pass Investments- $S97.SO; City of Denton - $597.50)
Prepared by: Respectfully submitted,
C. David Han
Asst. Director of Utilities
Water/Wastewater Utilities G. Chris Hartung
City Manager
Approveds,
R. E, Nelson
Director of Utilities'
K ~..~m ya5 ~n r, t s ' v Awe F9 4
ITA4
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I~~7
R E S 0 L 0 T 1 0 N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON TEXASt
The Mayor is hereby authorised and directed to execute on
behalf of the City of Denton, Texas, a Pipe Line License Agree-
ment dated January 1, 1985, between the City of Denton and the
Missouri-Kanses-Texas Railroad Company, relating to the construc-
tion, reconstruction, use, maintenance, operation, repair and
installation by boring method one pipe line encased in a carrier
pipe not exceeding eighteen inches (18") in diameter, to be used
for carrying a sanitsry sewer line beneath Missouri-Kansas-Texan
Railroad Company's right-of-way at Mile Post K-722.69, Denton
County, Texas.
PASSED AND APPROVED this the _ day of , 1985.
'['7F0NMt--
RLCHARD 0. CITY OF DENTON, TEXAS
AT1 ErST :
CHAREOTTE ALLEN CITY SECKFUJIT
CITY OF DENTON,,TEX43
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY s WAN
v.f
n o , ~ 1 ti' F}r ie s" _ n' ~ 1
r f BE to IMi OVtA53Ei: pARTIClOATIdN AGAELMEN!
Tot STAtE of Ttx)L1 X
KNOW ALL MEN BY THES1 PRESENTS:
COUNTY 01 DENTON K
TEAT WHEREAS, JOHN PASS INVESTMENTS, 7551 Rambler Ro vf,
Suite 1000, Dallas, Texas, 15211, (214) 363-6374, is the Developer
of Certain property. shown on the attached map, which Map is
Incorporated herein as if set forth in full, in the City of Denton,
Denton County, Texas, ono furtner aescribed as property on South
Callas Drive, and Developer desires to serve sucn property with
5,900 feet of onsite and affair# sever line facilitiesl and,
MHERHAS, the City of Denton desires that such or and
offaite sewer facilities be oversized and the City will participate
in the additional coat of the oversized facilities pursuant to the
provisions of the Denton Development Code Appendix A to the Code of
Ordinances of thr City of Denton, Texas?
rA~
4411 day
NOM, THEREFORE, THIS AGREEMENT, Made this
of , 1911, by and between JOHN PASS INVESTMENTS, Dallas,
Tex s, h einaftet called 'Developer', and the City of Denton,
Texas, A Home Rule municipal Corporation of the State of Texas,
nereinaftet called 'City•l
WITNLSSETHi
I. The Developer will install, by contract or otherwise,
an 11' sewer line and necessary appurtenances to serve the property
described on the attached map in accordance with all City of Denton
ordinances, rules, regulations, policies and prucedures. The said
facilities shall be located as shown on the attached map which is
made a part hereof for all intents and purposws. The engineering
design and easement purchased for such line will be paid on a 50-50
beat$ between the Developer and the City.
2. The City's share of the e6timate2 cost of said
facilities is $12,600 for construction, $10,325 for engineering
i
design, and 5 11S for easements, a total of 91 100. Upon
completion of construction and acceptance by the City of said
facilities, the actual Colt of the City's participation in said
facilities snAli be determined Ana certified to by the Director of
Utilities, and his certificate setting out the City's cost of said
i
facilities shall be attached hereto and made a part hereof.
JOHN PASS INVESTMENTS, SEWEALINE OVtR$igt PAATIClPAT10N AGREEMENT
n PAGE ONE
ALI
~'M i " iF y + a k 4 ,r ~f r', Y d a M+ ¢ .N 1 "7 fi >j a y . !
a. ins `city Oka II pay poi 'ihat• ,q~ 'the lfaIil(eito
Within thirty (30) days from the date of actsptance of the
facilities, oe Onder such toles and Conditions that air Mutually
acceptable to tat parties.
a. Title to said facilities is hereby and aball at all
times be vested in the City.
S. The Developer shall and does hereby agree to indemnity
and hold harmlass the City from any and all damages, loss or
liability of any kind whatsoever, by reason of injuty to property or
third person occasioned by any act of omission, neglect or
wrong-doing of Developer, its officers, agents, employees, invitees,
contractors or other persons with regard to the performance of this
contract, and ueveloper will, at its own cost and expense, defend
An* protect avainst any and all such claims and demands,
IN WITNLSS NNEREOU this lnatrument is executed in
triplicate originals this i oay of , A.D., 1901.
JON SS NVES MENTS (OWNER)
BY CITY of UN , TEXA
Ar D . T E'A , A V
ATTEST:
•
LO TCNAATTE LLEN, CITY SECRETAAi
CITY Of DENTON, TEXAS
A OVED AS TV LEGAL FOR,4:
6. 00
RUtl LRT d. MtlZ:TiR
ASSISTANT CITY ATTORNEY
JOHN PASS INVESTMENTS SEWEALINE O"ASISE PAATICIPATION ACR MENT
PAGE NO
t rf1 :re 4 t y r E i+ y„ a ,.r~ ~
yI'
MISSOURI•HANSAS-TExAS RAILROAD COMPANY
r
REAL ESTATE AND INDUSTRIAL DEVELOPMENT DEPARTMENT
701 COMMERCE STREET
DALLAS, TEXAS 75202
January 6, 1985 1214} 651.6754
File: 1-18753-8
O
Mr. Roger N. Wilkinson
Right of Way Agent lJ,
City of Denton, Texas. C 'w~
Municipal Building .
Denton, texas 76201
Re: Pipe Line License covering one 18-inch sanitary
sewer pipe line at Mile Post K-722.69 in Denton, TX
Dear Mr. Wilkinsons
A Pipe Line License has been prepared in reply to your request to cross our
property at the above-referenced location.
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.
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 amount of the enclosed billing.
Also, be sure to forward the enclosed Contractor's
A reement and instructions to
the contractor who will be doing the ac ua installation work. The Contractor's
Agreement is a _s_epa_r_a_te contract between the Railroad and the contractor, and it
must also be comp- T_eEe~ efors work can proceed on 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 anj Aime-consuming
delays in commencing the installation of the pipe line on railro~Cl.pFOperly.
Sincerely,
JJa15 Seidner
Right of Way Contracts Manager N $
. 214/651-6763
JS/ba
Enclosures
Po S. Please note the pipe time crossing must maintain a 30 foot clearance to
the north end of out bridge as shown in Exhibit "A" drawing.
~nw Fars Fy v.
i rA r a ~ yy♦ t {y.', - n. : r'R5 r 4' ~T r . n s - ~ 1 i;.{ , ~y ,i "h1 ~ 1 T r p A ♦g
%s ~ ri b„y a
r r a,r • i i r)ptp a F lair a 5~ t. 2 }b r
IG A►• ,
I IN
R
CITY OF Dinaw, TBXAS Bill Audit No. 1-1-6-7-8
Municipal Building
Dentona TX 76201 Month's Acct.
RE&IDM_ 1114-8S
MAKE CHECK PAYABLE TO DATE 1-4-85
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
REMIT TO TREASURER 700 Katy Building, Dallas, Texas 75202 FILE T-18754
CONSIDBRATION due under terms and conditions ocovering
Pipe Line License# effective January a
one 18-inch sanitary sever pipe line at Mile Post
K-722.69 in Denh n, TX 18195
OV
Y.
.71
•
1%
PIPE LINE LICENSE
• THIS AGREEMENT No made this at -day of January 19 85
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
CI 0 DENTON TEXAS
hereinafter called "Licensee".
WITNESSETH:
ARTICLE 1.
1. Term., This agreement shall take effect the date hereof, and unless sooner termi-
nated as provided herein, shall continua in force so long as used for the purpose herein
set out for a period of ten (10) years, 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,
vhiehaver occurs first. Licensee is hereby given a reneval option at a price and term to
be negotiated no 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
partieek prior ' to the expiration of the tam of this license, this license shall automati-
cally terminate without notics, effective the last day of the expiring t rm,
2. Consideration and Description: In consideration of ONE THOUSAND ONE HUNDRED NINETY FIVE
AND NO/IOO........................ . iS 1.195.00 )DOLLARS
0eceipt of which is hereby acknowledged. and of the co-,enantsof Licensee as hereinafter set forth. Licensor hereby grantsa license
and permission to Licensee to construct. reconstruct, use. maintain. operate, repair and install by boring method.
one pipe lines(s) encased in a carrier pipe not exceeding eighteen 18 inches in diameter, to be
used for carrying sanitary, sewer across or
along Licensor's propeny at or near Denton in the County or Denton _ and State
Of Texas 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 Licensor's print of
Drawing No. A-31,012, Engineering Department,
Denison, Texas, deted December 11, 19840
marked Exhibit "A", attached hereto and
made a part hereof.
e: Licensee undertaltei and agrees:
I bpecincstiun%, fu install said Crossing according to the. specificat ions of the American Elaitssa%- E.agsntcnng
AsmWiation Part $ Pipelines. The Crosstng shall he laid and maintained at the sole cost of Licensee. and in a manner and wish
material sattstactory to Licensnt sChict Enttineer.uithitsl6riatleast fiseand one-half (51-.1 (eel beneath the baseuf the tail under
s track, and st least five and one-half(3-1/2) feet below the surface of the ground
laeewhere, so it will not interfere vith the safe operation of said railroad or cause
damage to Licensor's property. Said pipeline shall be encased in a larger pipe where it
passes under any railroad track, and for at least twenty-five (25') feet on each side of
the center line of any such track. Crossing must be installed a minimum of 30 feet north
of the end of Railroad's Bridge No. F-722.6 for maintenance purposes.
2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premise%
altected htrcb% pursuant to a [castor other permission granted by Licensor. so that Licensee's said Crossing will not unreasonabh
interiere utth she use of the subject proper?. or create undue hardship on the person or legal entity occup~mg the premises.
3. Liabilili. Licensor shall not he 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,
Licensee assumes the risk of. and shall protect. indemnify and hold harmless Licensor from and against all liability for or
on account of iniury to or death of any and all persons or damageto property, including livestock killed or insured. resulting from
or incident to t he construction. maintenance. use. operation. relocation. reconstruction or existence of said Crossing on Licensor's
nremi.ws. or the remo%al thereof from said prtmiseb. or to the restoration of or failure to restore said premises to their prior or
other condition as herein prosided. u hether such tntur}. death or damage shall be caused or contributed to by the negligence of
Licensor. its agents. employees or oilicrwise. and Licensnt will protect. indemnify and hold harmless Licensor and any others
legally using its right of way. from all claims, demands. suns or actions growing out of any such loss. injury or demands. including
investigation costs, cot;n costs, and atsorntys' fees resulting or in any manner arising from the risks herein assumed br Licensee.
Licensee further agrees to immediately investigate any such claims. demands. or suits and shall defend. settle. and or otherwise
dispose'oi the same at its sole cost and expense. In the event Licensee settles any such claims. demands. or suits. it shall obtain a
release which includes Licensor.
Licensee shall not We or make against Licensor arty claim or demand for or on account of any damage Licensee mdN
suffer or sustain because of any failure of Licensors title to the right of way and lands occupied by sand Crossing or an% part
thereof,
W 4 Ilafser: To uahe all right to question the sali&% of this License or any of the terms or pros isions hereof. or the right
er of Licensor to execute and enforce the same.
ARTICLE Ill.
It is mutually agreed by and between the pasties. as follows:
Leal Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner. and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, or any part thereof. or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid inttrfesence 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
Licensors right ofuaN.and intheesent it is found necessary for ticensortouse its entire right of uay.orany ponionof itoccupled
hr the Crossing. Licensee shall at its sole expense. and within thirty 130idays after notice so todo. (or upon shorter notice in cast of
emergency 1, remote said Crossing. or as much of the Crossing as is located upon that portion of the right of may so required b%
Licensor.
IN 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 prosectionof wirtsfrom electrical interference on Licensors propenyorinmake
any necessan repairs. or to relocate raid Crossing. then Licenser may cause such condition lobe made safe. orchangeof location
to he made, or repairs to he made. or Crossing lobe removed ii:m Licensor`: 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. prompth reimburse
Licensor the whole cost thereof. plus tin flo<71 per cent thereon as a charge lot supervitton. accounting. and use of toots. or
Licensor may :rrminate this License by giving to Licensee not less than ten f l0l days advance w rattn notice of its intention so to
do.
1 erminatiun: Licensor mar terminate this License upon ten 110) days written notice if Licensee faih to keep ant of
Licensee's toscnants herein contained. or if the right of way is required for other purposes by Licentnr. and nn reimhursemcm
s he made for licensee's expenses incurred in the remosal tit this ctosstng tit the consideration paid for this I icensi: \u
at,unot expiration shall afleci the rightsand liahiblies.N any.of the parties htretnthenevlsting.
t. Restoration: I pon the trrmination tit this agreement whether in accordance with the prof nsons of I'aragiaph 1.+1
-%rticlr I. or Paragraph 1 or 4 of Article Ill. or oihcrylst. Llcenstr shall promppth remote said ( fussing from 1 icenstiiN right of
%j%. and restore said right td war its its not condition. or to a condition sattsfac ory to Licensor, If Licenser shall laif to renta%r
said Crossing within thirty (AW'daysalitt the termination of this ippreement. Licensnt may temose the some. and charge the
expense thertfot in the Licensee on the basis provided in Paragraph IN of Article 111.
p.
777
La ItK ii W~
PUIt
s A zr
4'r a.
.
~11~celtrnet►w; Id ) Cl
J. j+ License and alt'ol the ~prorisinnx herein Contained shall Ise binding upun the parties hcrctu.
their heirs, executors. admontstra'tors. successors and asst ns, and Licensee agrees to supply notice to writo' ng to Liccrwir'ol anti
naorcchangeti. Luensee agree+not to assign this l.icanse or anv interest therein.. without the consent of Licensor in v siting, and any
and cwry such attemplM assignment without such prior written consent shall be void and of no effect. In the went of am
assignment. Licensee shall at all times remain fully responsible and liable for the payment of the rental, if any, herein specified and
for the compliance of all of its other obligalinris under the terms. provtsions. and covenants of this license.
Ib► In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any scarly
anniversary date of this license by giving Licensee thirtyt 30) days' written notice. Licensor may increase the rental by thr
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.
(c) The personal pronouns used herein as referring to Licensee shall he understood so to refer to Licensee whether
Licensee be a natural person. a partnership. or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if sersed upon or
delhered to Licensee or his authorised agent, or if posted on or if mailed. postpaid. addressed to Licensee at his last
known place of business.
(e) No oral promises, oral agreements, or oral wnrianties shall be deemed a part of this License, norshall anyalteration.
amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered. changed. or amended by an instrument i, 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 agreement asofthedayand year first aborewritten.
MISSOURI-KANSAS-TEXAS RAILROAD COb1PANY
By, '
Vice-President
• CITY OF DENTON) TEXAS
By.
Title Mayor
Address: 215 McKinney
Municipal Building
Denton, Texas 76201
File: T-18753
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I`
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY.
REAL UTAre ANO INOU4TRIAL DCVCL01MCNT oa►ARTMENT
141COMMERCE $TRERT
GALL^& T9X^5 3'$303
(214) 6$14143
IMRTANT: Please Allow 2-3 weeks to Complete
the Contractor's Agreement
To the Contractor:
Before the Railroad caa permit you to enter upon its property for the
installation of the pipeline, it will be necessary to complete the enclosed
Coglraetor'a Agreement as followsr
1. Fill in the emylete, legal name of the contractor in the space provided
on Page 1 of the Contractor's Agreement. If a corporation, give the state
of incorporation. If a partnership, give the names of all partners.
2. Fill in the now and address of the contractor in the space provided at
the bottom of Page 2 of the Contractor's Agreement, If the contractor is a
corporation, then the person signing on its behalf must be either a vice-
president or the president.
3. Return all three timmedd copies of the Contractor's Agreement o ether
with a certified copy (not a certificate) of the insurance policy as required
by Paragraph 2 at the bottom of the first page of the Contractor's Agreement.
Check to ate that the policy does include contractual liability coverage which
does not exclude operations on railroad property. Such an exclusion is often
found as a paragraph "p" or "qI in the list of exclusions to the contractual
coverage.
As soon as the Contractor's Agreement and insurance have been approved by
the Railroad, one fully-executed Contractor's Agreement copy will be returned
to you with instructions to proceed. In no event should you enter upoq
Railroad property until you have received a Contractor's Agraesleet copy
signed by our vice-president. Your attention to the above details will
help avoid time-consumini delays,
taclosnrea
'lSRt1~
}E
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r
a" 't d i 'f-S x IF*.°, r+' k~ uj;., l 1 c y f 4 +;A'
.7 1 s r } C'ti r , 3
COMMMA, 'AGREEltENT
THIS, AGREEMT, made this 4th day of January
19 85 , by and between the HISSOURt~XANSAS-TEXAS RA .ROAD COMPANY,' A Delawatre
Corporation, First Party, herein called 'Railroad". and
Second Party, herein called "Contractor",
WITNESSETRt
1. By Agreement dated January 1. 1985 , Railroad b
to Citv of Denton, Texas , a Munieipa
Corporation, hereinafter called "Licensee", a Pipe Line License, giving permis•~
to Licensee to install one 18-inch sanitary sewer pipe line at
Mile Poet K-722.69
hereirafter referred to as "Work", at Denton, Denton County, Texas
2. Licensee has entered into a Contract with Contractor to perform that
portion of the above described Work, across Railroad's right of way, and
3. Contractor has requested Railroad to permit it to enter upon the
right of way of Railroad for the purpose of performing said Work, and Railroad
is agreeable thereto, under the following terms and conditioasi
NOW, THEREFORE, it is mutually agreed by and between Railroad and Con-
tractor, as follows:
• 1. Railroad hereby grants permission to Contractor to enter upon Rail-
road's right of way for the purpose of performing the Work at the location des-
cribed above; however, before entering upon Railroad's right of way, Contractor
will give to Railroad's Roadmaster Mr. W L Newton 555 Ross Avenue
Dallas, Texas 75202_- Phone (214)'351-6797 at least five (5)
days' advance notice of any Work to be performed upon Railroad s property,
Upon completion of said Work, Contractor shall immediately notify Rail-
road's Roadmaster acid shall also send an executed copy of "Contractor's
Acknowledgment of Completion of Work" to Railroad at 701 Comore* Streat,
Dallas, Texas 75202. Upon completion of aaid Work, Contractor shall promptly
remove from Railroad's property all tools, equipment, and materials placed
thereon by the Contractor and Contractor's agents. Contractor shall restore
said property to the acme state and condition as when Contractor entered
thereon, and shall leave said property in a clean and presentable condition.
2, Prior to commencement of any Work upon or adjacent to Railroad's
property under said Contract, Contractor shall provide Railroad a certified
copy of a Contractor's uenaral or Conprehansiva liability policy A.!.ch shall
be made terminable only after ten (10) days' notice to Railroad, covering the
operations of Contractor in connection with said Work, with limits of liability
in said policy not logo than 1 0005000 for injury to or death of one
person in any one accident, and $___2g,OOOgOOO - for injury to or death of
more than one person in any one accident, with an aggratgste property damage of
190009000 , which policy or be *ddorsed to insure the coptr ctua
iabili of Contractor under this Agreement,
3, laid Mork shall beperformed It accoidanct with plans and speciltCi-
tions approved by Railroad, and in Auch a manner, and at such tieos &A $h11 not
endanger or interfere with, hinder, interr+lpt, or 44lay the op4tatiot► of Railroad's
craias, engines, cars, and other Rail road 'fseil Was at said location,
f
x 1 144
CONTRACI'OR'S'ACRUMNT FORM.- 1414
Page Two REV. 11/80
No materials, tools, or equipment shall be stored any closer than ten (10) foolt
and the instrud-
of the centerline of any track. The regulations of Railroad
tions of its representatives shall be complied with relating to the proper man-
ner of protecting the tracks, pipe lines, wire lines, signals, and ■ll other
property at said location, the traffic moving on such tracks and the removal
of tools, equipment, and materials.
4. Contractor agrees to reimburse Railroad for all costs and expenses
incurred by Railroad in connection with Uo rk performed by Contractor or Sub-
Contractor, including, but not limited to, the furnishing of such inspecu rs,
watchmen and flagmen as Railroad dams necessary to protect its property, tracks,
engines, trains and cars, and the operation thereof, the installation and removal
of any necessary false work beneath the tracks of Railroad, and the restoration
of Railroad's property.
'fhe permission herein given shall not be assigned by Contractor
without the prior written consent of Railroad, except in the case of Sub-eon-
tractors, who shall be deemed agents of Contractor subject to the terms of this
Agreement.
Contractor, at Contractor's expense, sl!sli maintain competent
flagman to protect and control the movement of vehicles and equipment of Con-
tractor at all times while private crossings over the tracks of Railroad are
being used by Contractor, Contractor's Agents, employees and/or Sub-Contractors,
In connection with said Work.
S. In considerstion of the added hazard brought about by Contractor's
operations upon Railroad's premises, Contractor egress to release and indemnify
Railroad from and against all costs, expenses, claims and liability for injury
to or death of any persons, and fcr damage to or loss of any property, however
caused, resulting from, arising out of, or in any way connected with the Work
under said contract upon or adjacent to Railroad's property, whether or not
caused or contributed to by the operation of trains on Railroad's adjacent
track, or by any negligence or alleged negligence on the pert of any of Railroad's
agents or employees. For purposes of We Section S, the term "Railroad" shall
include any other railroad company using Railroad's property at said location
with Railroad's consent, and any affiliate or subsidiary Railroad.
6. Should Railroad bring suit to compel performance of or to recover
for breach of any covenant or condition contained herein, Contractor shall pay
to Railroad rassonable attorney fees in addition to the amount of judgement and
costa.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed as of the day and year first herein written.
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
By.. By
Vice-President
Title
Address:
Tiles T-187'93
a t y 1 axi . 'r r5 & ° v ~.v :
,l'3 3
RW~ ~79
CONTRACTOR'S AGREEME"
THIS AGREEMENT, made this 4th day of January
19 85 , by and between the MISSOURI-XANSAS-TEXAS RA11ROAD COMPANY, elaware
Corporation, First Party, herein called "Railroad", and
Second Party, heroin called "Contractor". /
WITNESSETHt C-
1. By Agreement dated January 1. 1985 , Railroad granted
td City of Denton. Texas , a Municipal
Corporation, hereinafter called 1censes", a Pipe Line License, giving permission
to Licensee to install one 18-inch annitarv saver pipe line at
Mils Post 4-722,89 ,
hereinafter referred to as "Work", at Denton. Denton County, Texas
2. Licensee has entered into a Contract with Contractor to perform that
portion of the above described Work, across Railroad's right of way, and
3. Contractor has requested Railroad to permit it to enter upon the
right of way of Railroad for the purpose of performing said Work, and Railroad
it agreeable thereto, under the following tarts and conditions.
NOW, M REFORE, it is mutually agreed by and between Railroad and Con-
tractor, as follows:
1. Railroad hereby grants permission to Contractor to enter upon Rail
• road's right of way for the purpose of performing the Work at the location des-
cribed above; however, before entering upon Railroad's right of way, Contractor'
will'give to Railroad's Roadmaster W L Newton 555 Ross Avenue
Dallas Texas 75202 - Phone (214) b51-5797 At least five (5)
Nays' advance notice of any Work to be performed upon Railroad's property.
Upon completion of said Work, Contractor shall immediately notify Rail-
road's Roadmaster and shall also send an executed copy of "Contractor's
Acknowledgment of Complstion of Work" to Railroad at 701 Commerce Street,
Dallas, Texas 75202. Upon completion of said Work, Contractor shall promptly
remove from Railroad's property all tools, equipment, and materials placed
thereon by the Contractor and Contractor's agents. Contractor shall restore
said property to the same state and condition as when Contractor entered
thereon, and shall leave said property in a clean and presentable condition.
2. Prior to commencement of any Work upon or adjacent to Railroad's
property under said Contract, Contractor shall provide Railroad a certified
copy of a Contractor's Generel or Comprehensive liability policy which shall
be made terminable only after ten (10) days' notice to Railroad, covering the
operations of Contractor in connection with said Work, with limits of liability
in said policy not less than $ 1 000 OOO for injury to or death of one
person in any one accident, and LO OtOur _for injury to or death of
more than onarson in any one accident, with an aggregate property darAge of
100001M which policy must be endorsed to insure the contractual
1 tltty of contractor under this Agreement,
3, Said Work shall be perfor'med' in acidrdaece vith plans and specifioaA.
tions approved by Railroad, and in such a manner, and at such timed as hall not
endanger or interfere with, hinder, interrupt, or delay the operation o Railroad's
trainr, estgines, Corsi and Other Railroad facilities at said location.
3 ~ ~ k~6 ~ ~ ~ 1V i y [~`e~'~~ ~ ay r x ~,f d ~ } ~ ~ a i ' i S. K r 1 py ~y,
COMRACTORIS AGREEMENT FOAM1 1414
Page Two REVI 11/80
• No materials, tools, or equipment shall be storm any closer than tan (10) feet
of the centerline of any track. The regulations of Railroad, and the instruc-
tions of its representatives shall be complied with relating to the proper man-
ner of protecting the tracks, pipe lines, wire lines, signals, and all other
property at said iocation, the traffic moving on such tracks and the removal
of tools, equipment, and materials.
4. Contractor agrees to reimburse Railroad for all costs and expenses
incurred by Railroad in connection with Bork performed by Contractor or Sub-
Contractor, including, but not limited to, the furnishing of such inspectors,
watchmen and flagman as Railroad deems necessary to protect its property, tracks,
engines, trains and cars, and the operation thereof, the installation and removal
of any necessary false work beneath the tracks of Railroad, and the restoration
of Railroad's property.
The permission herein given shall not be assigned by Contractor
without the prior written consent of Railroad, except in the case of Sub-con
actors, who shall be deemed agents of Contractor subject to the terms of this
tr
Agrseaeent,
Contractor, at Contractor's expense, shall maintain coupetent
flagman to protect and control the movement of vehicles and equipment of Con-
tractor at all times while private crossings over the tracks of Railroad are
being used by Contractor, Contractor's Agents, employees and/or Sub-Contractors,
in connection with said Stork.
S. In consideration of the added hazard brought about by Contractor's
operations upon Railroad's premises, Contractor agrees to release and indoor ify
Railroad from and against all costs, expenses, claims and liability for injury
to or death of any persons, and for damage to or loss of any property, however
caused, resulting from, arising out of, or in any way connected with the Work
under said contract upon or adjacent to Railroad's property, whether or not
caused or contributed to by the operation of trains on Railroad's adjacent
track, or by any negligence or alleged negligence on the parr, of any of Railroad's
agents or employees. For purposes of this Section S, the tern "Railroad" shall
include any other railroad company using Railroad's property at said location
with Railroad's consent, and any affiliate or subsidiary Railroad.
6. Should Railroad bring suit to compel performance of or to recover
for breach of any covenant or condition contained herein, Contractor shall pay
to Railroad reasonable attorney fees in addition to the amount of judgement and
costs.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed as of the day and year first herein written.
MISSOURI-RUIN SAS-TEXAS RAILROAD COMPANY
by By
Vice-president
Tills
Rddraest
vital T-1053
Y~~7 r +~7 e~ y''4 e°. sr ye 'G~ p t +k q~;:. K '.e.a e y 5 6 s .~.5. Jpl'
f
City COU011 M1aot48
Mattis? of July 260 1916
Pats Nno
S. The Council considered approval of toimbutoosemt to the
Denton County Historical Contagion for the cost of the 'look and
ladder truck 0010 1e.0
This item vas placed on the agenda as a result of discussions held
at the July 17 COVOCII meeting.
MCAdame cettom, Chew seCOnd to purchase the truck with the
Conditions that the Denton County Historical Commission be
responsible for the full care, maintenance and storage of the truck
and that it $old, the City would be teisbutsed the funds.
Acting City Attorney Joe Mortis stated that there would be a problem
with the legality of such a transaction.
Notion and second were withdrawn and no action was taken.
6. The Council considered proposed pro tats and oversize
agreements with John Pass, investments, for a new sanitaty seworline
from his ptopetty on Dallas Drive, along Duncan Street, along the
creokbed to the Pecan Creak Woodrow Lane twin outfsll interceptors.
Bob Nelson, Ditectot of Utilities, repported that Mt, Pars had
offered to participate to the sewetline. The city would be
obltgated to approximately 198,000 for the overeioimt and right-of-
y•
Hopkins notion, Chew Second to approve the pro rate and oversize`
agreenenti. Motion carried unanimously.
74 The Council Considered approval of an agreement for watet'
pro Cato participation for Hickoly Creek Limited and the City of
Denton to serve a 61 acre mobile home park on South Teasley Lane.
Bob Nelson, Director of Utilities, reported that this vas the
formaligation of a previous agreement.
Council Member Hopkins Stated that this development was outside the
city limits and asked if the developer would pay more.
Nelson responded not the property was located on a state highway.
Hopkins motiom, Cbw second to approve the agreement for water pro
rata participation. Notion carried unanimously.
6. The council considered setting a date for a utility revenue
bond election.
City Manager Chris Hartung reported that this issue had been
discussed in a joint meeting with the Public Utilities Board. The
bond funds would be used tot vitally needed utility projects. Duo
to the tequiremento for legal noticed and since this was peak
vacation time, the staff WAS recommending that the election be bold
on Septembet 15.
Council Member Stephons asked if a committee would be needed to help
show the importance of the bonds,
Hartung responded that the Public Utilities Board and the Planning
and tonimq C00014e410n had data available to substantiate the mood
fog the additional funds.
Council Member BidJlespetget stated that an election vas not
required by `state law
McAdams metioa, Cbw second to set the date for a utility Covent
bond election fog September is. Notion carried unantsouSly.
The Conmeii Consldered authorialmt the City Masaget to
eroCnte an ag9reemamt to provide aeelstamae to the City Council im
matters telatiag to Plow Nesorial Hospital.
x
qty s6, qt.` 9 ~r s q r+.. r ~C/ a•. , r M r
DATES 1/29/85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: G. Chris Hartung, City Manager
Subject: Resolution to accept FAA Airport Grant Offer
RECOM:iENDATION:
It is the recommendation of the Airport Advisory Board that the Federal
Aviation Administration Grant Offer in the itaount of $340691.00 for a Master
Plan Update and Environmental Impact Ausessment Report for the Denton Airport
be accepted, and that the City of Denton agree to comply with all of the assur-
ances and conditions contained in the grant application and Grant Offer.
SUMAfARY :
The Federal Aviation Administration has informed us that our request of
November 12, 19840 for assistance in a Master Plan Study and Environmental
Impact Assessment Report for the Denton Airport has been approved, and that
funds totalling $349691.00 under the FAA Airport Improvement Program, as
authorized by the Airport and Airway Improvement Act of 1982 have been
allocated.
BACKGROUND:
The previous Airport Master Plan Study was completed in June of 1973,
and is now, for the most part, out of date. Interest in the Denton Airport
remains strong, and it appears that we have moved into a period wherein
construction and development will continue for some time. We have an
opportunity at this moment to properly plan, design and prepare the Airport
for this expected growth. Because the decisions we make now will remain with
us for decades to come, it is vital that we accept this Grant Offer and
followthrough with this Master Plan Study and Environmental Impact Assessment.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDs
This study will require approximately four months to complete. To
assure continuity with City programs and development,and t.) defray a
portion of the ten percent matching City runds required irr, the Grant Offer,
the Planning and Community Development Department w1ll ass.tst in this study.
The City Engineering Department may also be asked tt participate to a small
degrea.
FISCAL IMPAt`Ts
The Grant conditions require ten percent matching City funds. A
significant portion of that will ba defrayed through the use of in-kind-
services of. the Oity Staff.
Respectfully submitted)
Prepare I Approved s
G. Chris Hartung
Clint Lynch B X11 Angela City Manager
ilk "t
a DepartmeN ! kQ SAN 2 919 4 Southwes! Aeg on Po. Box 1689 4400 ` Arkansas. lou klah . FW Blue Mound 6Road
101
fldK~ 1 New MFx'xb, Oklahoma. Fort Worth, Texas 75101
Adw"{1f0110f1t t Texas
JAN 2 8 NS
The Honorable Richard 0. Stewart
Mayor of Denton
215 East McKinney Street
Denton, TX 76201
Dear Mayor Steuarti
I an pleased to inform you, in response to your request for assistance
under the Airport Improvement Program;, as-authorized by the Airport and
Airway Improvement Act of 1982, that we have approved for Fiscal Year 1985
the following allocation for the Denton Municipal Airports
Federal Fundar $340691
Project No.: 85-1-3-48-0067-02-85
Desoription: Master Plan Update and Environmental Impact Assessment
Report.
This allocation may be used only for the planning described above. Our
Airports Division personnel will contact you to provide any assistance you
may need.
We look forward to working with you and your staff toward the suooessful
completion of this project.
Sincerel ,
.
Director
R E S O L U T I O N
WHEREAS, the City of Denton has submitted to the Federal
Aviation Administration an application for Federal Assistance
dated Novenber 12, 1984, for a grant of Federal Funds for a
project for development of the Denton Municipal Airport; and
WHEREAS$ the Federal Aviation Administration has apptoved a
project for development of the Airport consisting of a Master Plan
Update and Environ.,iental Impact Assessment Report; and
WHEREAS the Federal Aviation Administration has submitted to
the City oY Denton a Grant Offer in the amount of $34 1691.000 as
authorised by the Airport and Airway Improvement Act of 1982, for
such airport planning and development; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the City of Denton hereby accepts the Great Offer from
the Federal Aviation Administration in the amount of $346691.00
and agrees to comply with all of the assurances and conditions
contained in the Grant Offer and Application therefore.
SECTION II.
That the City Manager or his designee is hereby authorised to
execute such written agreements as are necessary to receive the
funds from the FAA.
SECTION III.
That this Resolution shall be effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 1985.
RICHARD 0. STEVMVr,--K=
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ' CITY T
CITY Or DENTON$ TEXAS
APPROVED AS TO LEGAL FORM:
JOE 0. HORRISj ACTING CITY ATTORNEY
CITY OFF DENTON, TEXAS
Mot1f+ Ceihel Tom CourtcA I of~avemrr+lb
p. 0.0rlwer cOG Arlington. Texas 16005--5M
• January 25, 1985
G. Chris Hartuhq
City Manager
City of Denton
215 East McKinney
Denton, Texas 76201 RE: Airport Master Plan
and Environmental Assessment
SAi ITX-84-12.05-0004-04
Dear Mr, Hartung:
This is to inform you that the North Central Texas Council of Governments has
completed review and comment on the above referenced application as required by
the Texas Review and Comment System (TRAcs), individuals and organizations
listed below have been copied; however, you may also use this memo to inform
appropriate agencits of our action and to document, your compliance with
areawide procedures as required by TRACS.
Your application was reviewed for appropriate areawide concerns. This normally
includes consideration by one of NCTCOG's technical review committees as well
as review by the Government Applications Review Committee and by the Executive
Board. On the basis of this review process, the Executive Board, at its
January 24, 1985 meeting adopted the following areawide position:
The HCTCOG regional review process has determined that this project meets
the review criteria specified in the rules of the Texas Review and Comment
System. Favorable consideration of the project is recommended.
We sincerely thank you for your cooperation in this matter, if we can be of
further service s, at e (817) 640-3300 to ecall tro)Daniel A. Johnson,
Director of Regional Services
Si rely,
William J, Pitstick
Executive Director
WJP:mah
cc: John A. Oufficy, Chief, Airports Division,
Federal Aviation Administration, Fort Worth
Clinton Lynch, Manager, Denton Municipal Airport
CenterpoinlTwo USSlxfiageDrive beltao/Foriftdh Motto 6111640.3300
qq
i i. F `4 7 q i
R E S O L U T I O N
WHEREAS, the Director of the Personnel/Employee Relations
Department for the City of Denton has presented a proposed policy
regarding employee rules and regulations for the Council's con-
sideration; and
WHEREAS, the City Council desires to adopt such policy as an
official policy regarding employment with the city;
NOW, THERLFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
SECTION I.
The following policy, attached hereto and made a part hereof,
is hereby adopted as an official policy of the City of Denton,
Texas:
Holidays (Reference No. 107.02)
SECTION 114,
The foregoing policy is attached hereto and made a part hereof
and shall be filed in the official records of the City of Denton
with the City Secretary.
SECTION III.
The previous policy relating to Holidays (Reference No.
107.01), adopted by Resolution of this Council on September 18,
1984 is hereby rescinded.
SECTION 1V.
This Resolution shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 1985.
RICHARD 0. s RAYOR
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D• MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
r
wL K 0 I n rY m♦ .d ,w M A F=1.
Is 4 fi F i
~ ♦ ~ ILA.-.
CITY OF DENTON PAGe-LoF...L
POLIOT/ADIIAIIMATIVI PROONDVRVADYIX14TRATM 0II1=0TIV1
REPERENCe
SECTION: NUMBER:
PERSONNEL/EMPLOY19 RELATIONS 107.02
EFFECTIVE OATE
SUBJECT,
EMPLOYEE BENEFITS AND SERVICES
REPLACES
TITLE.
HOLIDAYS 9-18-84
POLICY SrATSNW
The following holidays are declared official holidays for regular full time and
regular part time employees:
Flew Year's Day
Nemwrial Dar'
indepeadeace Day
Labor Day
Thanksgiving
Friday After Thanksgiving
Christmas Eve
Christmas Day
Martin Luther tting, Jr. Birthday
(Third Monday is January)
A holiday shall be defined as a period of eight (e) hours at straight rates.
Holidays occurring on Saturday will be observed on the proceeding Friday and
holidays occurring on Sunday will be observed on the following Monday.
All regular employees are eligible after completion of one day of work.
Regular part-time, (includes one-half and three-quarter time) employees who work
twenty (20) hours per week or more shall be entitled to holiday pay at a rat*
equivalent to the hudgeted pay classification of either one-half (1/2) or
theta-quarter, (314) time.
Seasonal and temporary employees will be paid their regular rates on a holiday only
if required to work.
NOTE: In the case of fire-fighters whose hourly rate is computed on 2912 hours
annually rather than 2080 hours, holidays will be coneidired to be 12 hours
to avoid recomputing the hourly rate for the holiday.
ADMIENISTRATIYE PROCROURl:
t, ~xkine o Holidays
A. All.don-axasrpt w►ployees who are required to work a designated holiday
shall be lived equivalent hours oft (the date of time off is subject to
supervisor's approvil)i or say be paid regular rates for the hours worked
to addition to their ragulat pdy.
qs ti~ a~ 5 -01 lye r, ";1t & 1; o s ~1 Y
PAOE2OF.2
POLICY/ADUMITRATZ'IR PROCRDIJRR/ADMIXI•TRATIYR DIRRCTIVI< (Csatiaeed}
REFERENCE
TITLE: NUMBER;
HOLIDAYS 147.02
8. Bxempt employees who are required to work on a designated holiday
should refer to Comcenietorv LIM policy 106.05.
C. When the holiday and regular day off occur on the two day, those
non-exempt employees who are scheduled off fluty on that day will be
entitled to additional pay at regular rates or an alternate holiday
off.
Rzempt employees will, be given an alternate day off. The data of
the day off is subject to the supervisor's approval.
It. VIMHORIZID ARSRNCR - HOLIDAYS
A. An employee who has an unauthorized absence on the day immediately
proceeding or following a holiday shall lose pay for the holiday as
well as for that day.
8. An employee absent without permission when scheduled to work a
holiday, is not entitled to holiday pay, and is subject to
disciplinary action.
III. TERKINATION - HOLIDAYS
It the last day of employment falls on the holiday, the employee will
not be paid for that holiday.
IY. HOLIDAY PAY FOR wOKCR'S COKPUSATION AND SHORT-TZRli DICABILITY
An employee on workers' compensation, or on an approved short-t#urm
disability leave, will receive holiday pay only wheu the Rnployr-i would
have been normally authorized to be paid for that holiday.
V. RILIA IOOS OR OTHIR NATIONAL HOLIDAYS
With leave approved by the supervisor, an emplo,,tst may rtquest one of
the following%
A. Request authorized leave without pay,
8. Request charged to compensation time off, or,
C. Vacation time off.
ROM If a holiday puts the total number of hours over th• normal payroll
period smount M,o 90 hours or 112 hours) the ovoi-tins policy nay be
inv01444, Ro Ar to'Oveettok Polio 1066014
021~a
1!1!!1'