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01-08-1985
C I ry Cvunt c l[, ACsNDA 0~-08- 85 t n 1 ' AGENDA CITY OF DENTON CITY COUNCIL January 8, 1985 Work Session of the City of Denton City Council on Tuesday, January 8, 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. Executive Session: A. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, January 8, 1985, at 7:00 p.m. in the Council Chair, ers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Regular Meeting of October 1, 1984; the Regli'ar Meeting of October 16, 1984; the Special Called Meeting of October 23, 1984; the Special Called Meeting of October 30, 1984; the Regular Meeting of November 6, 1984; the Regular Meeting of November 20, 1984; the Re ular Meeting of December 4, 1984; and the Special Called Meeting of December 11, 1984. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item iii accordance with the Staff recommendations. A. Bids and Purcnase Orders: Listed below are bids 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 and 43). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. 1. Bid 1 9355 - Raw water pump control valves 2. Bid 1 9351 - Hobson lift station 3. Bid 1 9383 - Aerial photography maps 4. Bid 1 9375 - Capa~.itors 5. Bid 1 9376 - Transformers 6. Bid 1 9378 - Aluminum conductor i~ City of Denton City Council Agenda January 8, 1985 Page Two B. Plats and Re plats: 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. (The Planning and Zoning Commission recommends approval.) 4. Approval of final replat of the Veteran's Addition, Lots 4A and 4B. (The Planning and Zoning Commission recommends approval.) S. Approval of preliminary p. - t f the Alvin and Charlotte Whaley Auu.tion. ('The Planning and Zoning Commission recommends approval.) 3. Public Hearings: A. Z-1711, rnis is the petition of Dale Irwin requesting a change in coning from the single family (SF-7) classification to the multi - family (MF-1) district at 601, 615, 701 and 705 Malone Street. The property is more particularly described as lots 1 and Z, block 2, of the Wright Addition. (The Planning and Zoning Commission made no recommendation,) B. Z-1713. This is the petition of Gunter Knight Tor TCnight and Miller (developers) requesting a change in the current zoning classification from Agricultural (A) to Light Industrial (LO on a tract of 1.530 acres situated south of U. S. Highway 380 and commencing approximately 1,140 feet east of Masch Branch Road and shown on William Bryan Survey, Abstract #148, Denton County. (The Planning and Zoning Commission recommends approval,) C. Z-1714, This is the petition of Gunter Knight or night and Miller (developers) requesting a change in the current zoning classification from Agricultural tA) to Light Industrial (LO on a tract of 4.9 0 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 11481 Denton County. (The Planning and Zoning Commission recommends approval.) City of Denton City Council Agenda January 8, 1985 Page Three 4, ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services providing for the expenditure of funds therefore; and providing for in effective date. B. Consider adoption of an ordinance acceptingg competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefore; and providing for an effective date. C. Consider adoption of an ordinance authorizing a title change and update in the number of positions in each classification in the Police Department. D. Consider adoption of an ordinance authorizing a title change and update in the number of positions in each classification in the Fire Department. E. Consider adoption of an ordinance approving an agreement between the City of Denton and Rone Engineers for engineering services in regard to the excavation services of the new landfill and providing for an effective date. F. Consider 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 Planning and Zoning Commission recommends approval.) G. Consider 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 Masch Branch Road A-9). (The Planing and Zoning Commission recommends approval,) H, Consider 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 Planning and Zoning Commission recommends approval.) W , ~ i~--.'-r-3-- t'. v ,,~Tj,.---...t .i•. a , r.,~ a e• .1~1. r, City of Denton City Council Agenda January 8, 1985 Page Four 1. Consider adoption of an crdinance instituting annexation proceedings on a tract consisting of approximately 112 acres of land beginning west of the I-35N service road north and east of the Topeka and Santa MeFeh Railwayd (A-12). (The Planning s and Zoning Commission recommends approval.) J. Consider adoption of an ordinance approving a specific use permit for a mobile home park on a 104.28 (East acre tract located adjacent and north of Mills Road and y adjacent and south c t beginning approximately 3,00 feet east of Mayhill Road (S-174). K. Consider adoption of an ordinance approving a change in the zoning classification from planned development (PD-17) and agricultural (A) to light industrial I) classification on a tract of 334.60? 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). L. Consider adoption of an ordinance approving contracts for the city's participation in the cost of instal+ing oversize water and sewer line facilities as described herein; authuilzing the Mayor to execute the contracts, approving the expenditure of funds therefore, and providing for an effective date. (The Public Utilities Board recommends approval.) Listed below are the contracts to be approved. Detailed back-up information is also provided. This listing is provided to allow Council Members an over-view of the contracts to be approved by this ordinance. 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 sewerline from Greenbrier and Hinkle Streets south on Hinkle Street approximately 2,600 feet to an existing 1S Inch/12 inch sanitary sewer at the proximity of the Denton High School, including a bore tinder Highway 380. City of Denton City Council Agenda January 8, 1985 Page Five 3. Proposed pro rata and oversize agreement with Sandy Hill Addition for a new 14 inch water line from Geesling Road and Highway 380 ~o 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. 5. Proposed pro rata agreement with Sandy Hi11 Addition for a new 18 inch sanitary sewer line from Fishtrap Road to Cooper 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 Maynill Road and McKinney Street, east along MCKirm.,ey Street to the east boundary of the development, approximately 4,560 feet, 7. Proposed pro rata and oversize agreement with the Meadows Additioni (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 380 along the frontage of their property. 9. Oversize agreement with North Texas Industrial District for an 18 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. 10. Proposed oversize agreement with Ridgeway Plaza Joint Venture for a new water line on Lillian B. Miller Parkway along the frontage of their property. 11. Agreement for participation and associated documents in tae State School outfall sewer line from Lillian B. Miller Parkway/Teasley to State Sc:~nol Road with Southridge Joint Venture. City of Denton City Council Agenda January 8, 198S Page Six 12, Sewer line oversize participation agreement with Dimension Development Company, Inc, and Dimension-Unicorn Lake Associates, Ltd. M. Consider adoption of an ordinance authorizing the expenditure of funds by the City of Denton Por annual service fee for membership in the Public Power Association and approving the expenditure of funds therefore; and providing for an effective date. (The Public Utilities Board recommends approval,) N. Consider 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 acquisition, construction and maintenance of recreational facilities for Lake Lewisville, Lake Ray Roberts and the greenbelt corridor, and providing for an effective date. (The Public Utilities Board recommends approval.) 0. Consider adoption of an ordinance approvingg an agreement between the City of Denton ..ad Black and Veatch for engineering services for the Lewisville Hydroelectric Project, and providing for an effective date. (The Public Utilities Board recommends approval,) S. Resolutions: A. Consider approval of a resolution amending the following policies: 107.03 Vacation/Bonus Time 6. Consider a resolution from the Public Utilities Eoard regarding capitll recovery fees. (The Public Utilities Board recommends approval.) 7. Consider approval of a sanitary sewer 11ne pro rata agreement with Meadow Ridge Addition. (The Public Utilities Board recommends approval.) 8, Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments m.., 'ft 1 t w ~ o City of Denton City Council Agenda Januarya8, 1985 Page Seven 9. New Business: This item provides a section for C0114:cil 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 i at the Cit Hall of the City of Denton, Texas, on the 'L_. day of 198 at o' clock (a.m.) (p.ro.) CITY SECRETARY 1b18C _77 77 ~-F e AGENDA CITY OF DENTON CITY COUNCIL January 8, 1985 Work Session of the City of Denton Cit., Council on Tuesday, January 8, 1985, at 5:30 p.4. in the Civil Defense Room of the Municipa3 Building at which the following items will be considered: 5:30 P.W. 1. Executive Session: A. Personnel Under Sec. 2(g), Art 6152-17 V.A.'r.5. Regular Meeting of the City of Denton City Council on Tuesday, January 8, 1985, at 7:OU p.m. in the Council Chambers of the Municipal building at which the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Regular Meeting of October 2, 1984; the Regular Meeting of October 16, 1984; the Spec:.al Called Meeting of October 23, 1984; the Special Called Meeting of October 30, 1984; the Regular Meeting of November 61 1984; the Regular Meeting of November 20, 1984; the Regular Meeting of December 4, 1984; and the Special Called Meeting of December 11, 1984. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the Lity Manager or his designee to implement eacit item in accordance with the Staff recommendations. A. bids and Purcnase Orders: Listed below are bids to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached t,) the ordinances (Agenda items 4.A and 4.B). This listing is provided on the Consent Agenda to ellow Council Members to diacuss any item prior to approval of the ordinance. 1. Bid N 9355 - Raw water pump control valves 2. Bid 1 9351 - Hobson lift station 3. Bid N 9383 - Aerial photography maps 4. Bid N 9375 - Capacitors S. Bid N 9376 - Transformers 6, bid 0 9378 - Aluminum conductor ~lu i City of Denton City Council Agende. January R, 1985 Page Two B. Plats and Re plats; 1. Approval of preliminary plat of the Burke-Saunders Addition, (The Planning and Zoning Commission recommends approval.) 7. Approval of prelim±nary replat of the Haywood Addition, Block 11 Lot 1. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary plat of the Teasley Square Addition. (The Planning and Zoning Commission recommends approval.) 4. Approval of final re plat of the Veteran's Addition, Lots 4A and 4B. (The Planning and Zoninp Commission recommends approval.) S. Approval of preliminary plat of the Alvin and Charlotte Whaley Addition. (The Planning and Zoning Commission recommends approval.) 3, Public Hearings: A. Z-1711. Tnis is the petition of Dale Irwin requesting a change in zoning from the Tingle family (SF-7) classification to the multi-family (MF-1) district at 601, 6150 701 and 70S Malone Street. The property is snore particularly described as lots I and 2, block 2, of the Wright Addition, (The Planning and Zoning Commission made no recommendation.) B. Z-1713, This is the petition of Gunter Knight oor-Tonight and Miller (developers) requesting a $_hange 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 380 and commencing approximately 1,140 feet east of Masch Branch Road and shown on William Bryan Survey, Abstract 0148, Denton County. (The Planning and Zoning Commission recommends approval. ) C. Z-1714. This is the petition of Gunter Knight Tor night and Miller (developers) requesting a change in the current zoning classification tiom Agricultural ((A) to Light Industrial (LI) on a tract of 4.9b0 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. (The Planning and Zoning Commission recommends approval.) City of Denton City Council Agenda January 8, 1985 Page Three 4, ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services providing for the, expenditure of funds therefore; and providing for an effective date. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefore; and providing for an effective date. C. Consider adoption of an ordinance authorizing a ti,cle change and update in the number of positions in each classification in the Police Department. D. Consider adoption of an ordinance authorizing a title change and update in the number of positions in each classification in the Fire Department. E. Consider adoption of an ordinance approving an agreement between the City of Denton and Rone Engineers for engineering services in regard to the excavation services of the new landfill and providing for an effective date. F. Consider 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 Planning and Zoning Commission recommends approval.) G. Consider adoption of an ordinance instituting annexation proceedings on a tract consisting of approximately S.70 acres of land beginning north of Highway 380 West and adjacent and west of Masch Branch Road (A-9). (The Planning and Zoning Commission recommends approval.) H. Consider adoption of an ordinance instituting annexation proceedings on a tract consisting of approximately 131.761 acres of land beginning south of Robinson Road and cast of Nowlin Road (A-10). (The Planning and Zoning Commission recommends approval.) i City of Denton City Council Agenda January 8, 1985 Page Fotir I. Consider adoption of an ordinance instituting annexation proceedings on a tract consisting of approximately 112 acres of land beginning west of the 1-35N service road, north of Marshall Road and east of the Topeka and Santa Fe Railway (A-12). (The Planning and Zuning Comm 1ssIon recommends approval.) J. Consider adoption of an ordinance approving a specific use permit for a mobile home nark on a 104.28 acre tract located adjacent and north of F-1 426 (East McKinney) and adjacent and south of Mills Road, and beginning approximately 39C00 feet cast of Mayhill Road (S-174). K. Considi,- adoption of an ordinance approving a thane ii. the zoning classification from planned development (PD•17) and agricultural (A) to light industrial (LI) classification on a tract of 334.607 acres located east of and abutting Woodrow Lane and north, of the proposed extension of Morse Street north of Spencer Road and west of Loop 288 (Z-1700), L. Consider 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, approvinj the expenditure of funds therefore, and providing for an effective date, (The P_-51ic Utilities Board recommends approval.) Listed below are the contracts to be approved. Detailed back-up information is also provided. This listing is provided to allow Council Members an ov%•r-view of the contracts to be approved by this ordinance. 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 sewerline from Greer briar and Hinkle Streets south on Hinkle Street approximately 2,600 feet to an existing 15 Inch/1.2 inch sanitary sewer at the proximity of the Denton [sigh School, including a bore under Highway 380. 4 City of Denton City Council Agenda January R, 1985 Page Five 3. Proposed pro rata and oversize agreement with Sandy Hill Addition for a new 14 inch water line from Geesling 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. 5. Pro posed pro rata agreement with Sandy Hili Addition for a new 18 inch sanitary sewer line from Fishtrap Road to Cooper Creek lift station. 6. Pro Rata and reconsideration of oversize agreement with the Meadows Addition (formerly Champion Mobile Home Park) for a net, 16 inch water line from the intersection of Mayhill Road and McKinney Street, east along McKinney Street to the east boundary of the development, approximately 4,560 feet. 7. Proposed pro rata and oversize agreement with the !Meadows Addition (previousl,- 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 380 along the frontage of their property. 9. Oversize agreement with North Texas Industrial District for an 18 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. 10. Proposed oversize agreement with Ridgeway Plaza Joint Venture for a new water line on Lillian B. Miller Parkway along the frontage of their property. 11. Agreement for participation and associated documents in the State School outfall sewer line from Lillian B. Miller Parkway/Teasley to State School Road with Southridge Joint Venture. City of D-nton City Council Agenda January 8, 1985 Page Six , 12. Sewer line oversize participation agreement with Dimension Development Company, Inc. and Dimension-Unicorn Lake Associates,. Ltd. M. Consider adoption of an ordinance authorizing 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 thererore; and providing for an effective date. (The Public Utilities Board recommends approval.) N. Consider adoption of ?n ordinance approving a supplemental agreement to a prior approved contract between the City of Denton and the United States of America, concerning cost of acquisition, construction and maintenance of recreational facilities for Lase Lewisville, Lake Ray Roberts and the greenbelt corridor, and providing for an effective date. (The Public Utilities Board recommends approval.) 0. Consider adoption of an ordinance approving an agreement between the City of Denton and Black and Veatch for engineering services for the Lewisville Hydroelectric Project, and providing for an effective date. (The Public Utilities Boaro recommends approval.) 5. Resolutions: A. Consider approval of a resolution amending the following policies; 107.03 Vacation/Bonus Time 6. Consider a resolution from the Public Utilities Board regarding capital recovery fees. (The Public Utilities Board recommends approval.) 7. Consider approval of a sanitary sewer line pro rata agreement with Meadow Ridge Addition. (The Public Utilities Board recommends approval.) 8. Official Action an Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments City of Denton City Council Agenda January 8, 1985 Page Seven 9. New Business: This item provides a section for Council Members to suggest items for future agendas. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1984 at o'clock (a.m.) (p.m.) CITY SECRETARY I 1618C 4 City Council Minutes October 2, 1984 The Council convened into the Mork Session at 5:30 p.m. In the Civil Defense Roos. PRESENT: Mayor Stewart, Mayor Pro Ten Chew, Council Members Alfird, Hopkins, McAdams, Riddlesperger, and Stephens City Manager, Acting City Attorney and City Secretary ABSENT: None The Council moved item 14 forward in the agenda order. 4. The Council received a report on the water treatment plant expansion study. Bob Nelson, Director of Utilities, reported that the project had begun approximately 18 months ago. The results of the study had been presented to the Public utilities Board in May and stafr had asked Freese and Nichols engineering firm to look at where the city would need to go next. Capacity was being reached on raw water. Freese and Nichols recommended that 1 of the 4 pumps at the raw water station be replaced with a larger one. Also recommended was the Installation of a new high pressure pump. This would upgrade the capacity to 30,000 gallons per day. Another question which had been research was the location of a future water treatment plant. If constructed near Lake Ray Roberts, the pipelina would be very expensive. Hogan and Rasor had coordinated with Freese and Nichols in providing cost projections. The stafa felt the consumption projections were unrealistically high. Due to the cost of water, more residents were conserving. Also the current housing trend toward apartment living resulted in less use per capita as there were less lawns to be watered, • Nelson then gave a slide presentation of the possible location options and the routes for pipelines. Nelson concluded by stating that a water treatment plant located to the northeast would also allow service to other cities such as Sanger, Pilot Point, Aubrey, Xrum and Xrugerville. The Council then returned to the agenda order. 1. The Council then took a tour of the renovated west wing, both Phase I and 11. 2. The Council held a discussion of the proposed sign ordinance. Jeff Meyer, Director of Planning and Community Development, reported that if staff did not receive further input from the Council, the proposed sign ordinance would be placed on the next Council agenda for passage. Council Member Riddlesperger stated that he felt the Council should either consider approving the ordinance as it was or drop the issue entirely. Mayor Pro Teo Chew stated that he agreed with Mr, Cliff Reding's comments regarding the portion of the ordinance regulating non• conforming signs. Mr. Reding felt that all non conforming signs should not have to be removed, Chew further sated that if a siggn was conforainl, when it was ee!-cted, the fee had been paid and if tire, sign were maintained, it shouid not have to be removed. Council Member McAdams stated that the removal of that portion would severely weaken the intent of the ordinance. • Mayor Pro Tea Chew stated that no provision had been made for historical signs and that criteria should be established on what would constitute an historical sign. City of Denton City Council Minutes Meeting of October 2, 1988 Page Two • Council Member Hopkins stated that the Council had not been able to agree on a criteria for historical structures and did not feel they could for slgas. Council Member McAdams stated that the historical viewpoint should be addressed in the historical :oning ord W nce and not the sign ordinance. Council Member Hopkins stated he felt some of the provisicas in the proposed ordinance should be changed. The requirement that political signs not exceed 25 square feet was not realistic as the sheets of plywood used to construct the signs did not come in that size. Meyer stated that the Council could amend any provision of the proposed ordinance that they wished. Council Member Stephens referred to the section which stated that a portable sign could not be located within 100 feet of another and asked if this meant it would just be who got there first. Meyer responded yes. Council Member Hopkins stated that he felt the city should have a sign ordinance but it should not be too restrictive. The consensus of the Council vas to hold a work session on the proposed sign ordinance at the uctober 16 meeting. 3. The Council was to hold a discussion on the realignment of Bell Avenue. • The item was not covered due to lack of time. S. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. 140 official :Ltion was taken. The Council then convened into the Regular Meeting at 7:00 p.m, in the Council Chambers. PRESENT: Mayor Stewatt; Mayor Pro Tem Chew; Council Members Alford, Hopkins, McAdams, Riddlesperger, and Stephens City Manager, Acting City Attorney and City Secretary ABSENT: None 1. The Council considered approval of the Minutes of the Regular Meeting of July 17, 1981. Riddlesperger +aoticn, McAdams second to approve the Minutes as presented. Motion carried unanimously. 2. Consent Agenda Mayor Stewart asked that item 2.8.4 be removed from the Consent Agenda. Hopkins motion, Alford second to approve the Consent Agenda with the exception of item 2.6.1. Motion carried unanimously. Consent Agenda: A. Bids and Purchase orders: 0 1. Bid 0 9382 - Street and water line improvements for landfill 1. Bid 0 9316 Mobile radios s%f City of Denton City Council Minutes Moeting of October 2, 1984 Page Three • 3. Purchase Order 4 64764 to P. A. Ross Machinery in the amount of $3,SS1.73 4. Purchase Order 9 64970 to Bolain Equipment nc. in the amount of $3,187,04 S. Purchase Order f 64985 to Calvert Motor Co. in the amount of $3,217,77 6. Purchase Order 1 63064 to Arthur Andersen and Co. in the amount of $4,000.00 7. ^frchase Order 8 6$208 to Consolidated Traffic Control in the amount of $10,780.00 B. Plats and Replats: 1. Consider approval of the final replat of the Bent Oaks Addition, (The Planning and Zoning Commission recommends approval.) 1. Consider approval of the preliminary plat of lot 1, block 1, Calvert Addition. (The Planning and Zoning Commission recommends approval.) 3. Consider apppproval of the preliminary replat of lot 2A, b7ock Z0, College Addition. (The Planning and Zoning Commission recommends approval.) 4. REMOVED FROM THE CONSENT AGENDA Consider approval of the preliminary plat of North Texas Industrial Park, Phase It. (The Planning and Zoning Commission recommends approval.) 5. Consider approval of the preliminary plat of lots I and 2, block 1, Rayner Subdivision. (The Planning and Zoning Commission recommends approval.) b. Consider approval of the final replat of the Solar Way Addition, Sections 1 and 11. (The Planning and Zoning Commission recommends approval.) C. Tax Refunds: 1. Consider approval of a tax refund to Edith B. Tucker in the amount of $641.10. Mr. Charlie Watkins, representing Tom Fouts, spoke for his client regarding item 2.P.4. The subdivision was located on the east sidse of Woodrow Lane, would extend Morse Street and would ultimately connect with Loop 288. Tht drainage channel would go down to Shady Oaks. A bridge at Morse Street had bren discussed at the Developnent Review Committee meeting and the recommendation frog the DRC to the Planning and Zoning Commission was to have the petitioner build the bridge now, Mr. Fouts was asking the Council for relief from building the bridge at this time as it way not consistent with the proposed land use. Mayor Stewart asked if the petitioner would post a bond. Watkins responded that Mr. Fouts would be willing to post a bond or put the fund' for the bridge into an escrow account. Mayor Stewart stated that Mr. Fouts could sell the property biafore the bridge was built. City of Denton City Council Minutes Meeting of October 2, 1981 Page Four Council Member Stephens stated that the Council needed a staff recommendation as theree was none in the agenda back-up material. David Ellison, Senior Planner, reported that the question of the bridge should be addressed by someone from Public Works. Assistant City Manager Rick Svehla reported the staff would recommend that the bridge be bull: now. Other improvements to tite pro party has been required. The entire chanrel had been platted and staff believed the petitioner should build the bridge. Council Member Riddlesperger asked how the property was zoned. Svehla replied light industrial. Council Member McAdams asked if putting the funds in escrow would not be sufficient. Svehla responded that if the funds could be put in escrow, the petitioner might as well build the bridge. i Mr. Tom Fouts, the petitioner, stated that the city owned the land to the east of the parcel. The design railed for Morse Street to through to Loop 288. when the city built the street, he would buigld0 the bridge. Mr. Fouts concluded by stating there was no reason to build a bridge which would just sit there. He only planned to put in mini-warehouses at this time. There were only 3 owners of adjacent property - himself, the city and one other individual. Mayor Stewart stated that he wanted Mr. Fouts to realize his responsibility to construct the bridge was not contingent upon the city building the street. Mr. Fouts responded that he would bond the funds with a 10 year bond. Council Member Stephens asked the Acting City Attorney if this was a substantial change which should go before the Planning and Zoning Commission. Acting City Attorney Joe Morris responded that a petitioner could ask for a variance and appeal a PAZ decision to the Cit•, Council. Certain standards must be met before a variance could be granted. The PAZ could grant the option to the petitioner for a bond or variance. If the PAZ denied the request for a variance, the petitioner could then make an appeal to the Council. Council Member McAdams stated that the Council needed a ruling on whether they could or could not grant this variance. Morris responded that the change would require notification of adjoining property owners. Council Member Hopkins stated that the Council was to approve only the preliminary plat. Any variance would nave to go to the PAZ. He then asked staff to provide the Council with further infotmation. This item was deferred until later in the agenda, 3. Public Hearings A. The Council held a public nearing on the petition of Harvy A. Thompson requesting a change in zoning from the single family (SF-10) classification to the planned development (PD) classification on an 18.1 acre tract located at the northeast c.:ner of University Drive (U.S. Highway 380) and Old North Road. If approved, the planned development would permit the following land uses: City of Denton City Council Minutes Meeting of October 2, 1981 Page Five • l./ acres _ neighborhood service land use 2.0 acres proposed park 6.S acres - office/warehouse use S./ acres - condo/cluster housing, 65 units with a density of 12 units per acre 2.8 acres - zero lot line lard use, 22 unics with a density of 7.9 units per acre Z-1681 The Mayor opened the public nearing. Mr. Harvey Thompson, the petitioner, spoke in favor stating that he had icquired a 3 acre tract last spring and had had the property surveyed. He nad asked Fields and Edwards to prepare a petition for the highest and best land use for the land. becau:%e of the elevated highway at 350 and the railroad track, a buffer had been suggested between the railroad track and University Drive. The proposed plan would include offices which would front on an internal street and warehouses on Mingo Road. There would be condos, cluster and zero lot line housing to buffer this use from the single family homes. The P6Z had recommended denial of the petition. The area was currently zoned SF-10 which was not compatible with development due to Old North Road being elevated. This was a sound plan and should not be denied without consideration. Ms. Heather White, 2757 Mill Pond, spoke in opposition stating that the area to the north was newly, developed and residents had not been notified. She had gone from house to house with a petition and had obtained approximately 100 signatures in opposition. Some of the city reply forms had been returned with signatures of people who did not live within 200 feet of the proposed development. Ms. White presented the petition to the Council. Mr. Michael O'Leary, 2508 Liberty Lane, spoke in opposition statingg tnat he lived in the neighborhood and did not feel the neignborhood service portion of the plan would do the residents any good as there were already 2 in the area. This was a dangerous intersection now and with the addition of offices and condominiums it would become even more dangerous. Mr. Tom Collins, 2808 Mistywood Lane, spoke in opposition stating that ne nad moved into the area approximately 3 weeks age. There was an alarming trend in Denton towards growth that was not carefully checked and he felt that could be harmful. He did not feel that the quality of life could be served by this particular development. A traffic signal would have to be placed at this intersection. Density would be a problem with the addition of condos, mini-warehouses and office use, if the empty fields in the area continued to be developed, he felt it would negatively affect the quality of life for the existing neighborhood. Mr. Sam Rossen, 2516 Freedom Lane, spoke In opposition stating that the traffic was already congested on old North Road. To get to the proposed park from the houses in the north, the residents would have to use Old North Road, He was most opposed to the mini-warehouses and did not want them in his neighborhood. The office use in the front and the warehouse use in the back could mean more truck traffic. He had purchased in this area as it was single family and he would like for it to remain so. The city had no moral obligation to Mr. Thompson to upgrade the zoning, Mr. Tony Lewis, 2516 Foxcroft, spoke in opposition stating that Mr. Thompson had agreed to build; however, Mr. Thompson had been previously granted zoning for apartments and it had taken him 10 years to construct the project. Mr. Lawrence Kelly, 2608 Emerson, spoke in opposition and asked those present who were opposed to stand. When the notification and reply forms had been mailed, the current tax roll did not show several owners who ilord in the zero lot line homes, He felt the el" City of Denton City Council Minutes Meeting of October 2, 1984 Page Six development would exceed the acceptable density in the office area. The park land might not be developed into a park. There was the possibtity that the property would be sold and another zoning petition would come before the Council. The Mayor closed the public hearing. The Mayor allowed Mr. Thompson S minutes for rebuttal. Mr. Thompson stated that when the land plan had been drawn, the park area had not been put in as a sham. Regarding traffic impact, he felt the staff and not the opposition should address that issue. The staff analysis showed the proposed density to be only slightly over standard. The area where the Fox and Jacobs homes had been built had been in his family since the early 19n0's. The property had always been used agriculturally and was improperly zoned as SF-10. Denise Spivey, Development Review Planner, reported that 12 1•ply forms had been mailed with 8 returned in favor and 0 returned in opposition. This area was designated for low intensity and should be used for single family housing although the Denton Development Guide encouraged diversification of housing. The Guide recommended 4.0 acres of office use and this particular proposal was requesting 7.0 acres. The petition had been submitted prior to the recent update of the Guide. The Planning and Zoning Commission had recommended denial. If the Council did approve the request, the P&Z had attached 3 conditions. Six affirmative votes would be required to overturn the P6Z recommendation for denial. The traffic at Old North Road And 380 was currently a problem and this, or any other development, would add to the problem. Alford votion, Chew motion to deny. Motion to deny carried unanimously. The Council then considered item Z.B.4 from the Consent Agenda. David Ellison, Sen1)r Planner, reported that the regulations hi,S been examined and a proper course of action for the Council would be to approve ths, plat including the bridge. The applicant could tten go before the Planning and Zoning Commission and request a variance. Hopkins action, Chew second to approve the plat. Motion carried unanimously. 8. Tne Council held a public hearing un the petition of W. H. Smith requesting a change in zoning from agricultural (A) classification to the planned development (PD) classification on a SZ.9 acre parcel located at the southwest corner of Bonnie Brae Street and Payne Driv^ If approved, the planned development (PD) would permit the Following land uses: 6.3 acres - neighborhood service land use 10.0 -scree - single family detached land use with a minimum lot size of 7,000 square feet 11.6 acres - tero lot line land use with a density of 7.2 units per acre 10.0 Acres - multi-faintly lard use with a density of 12 units par acre 14.9 acre - multi-family land use with a density of 22 units per acre 2-1688 The Mayor opened the public hearing. . Mr. Larry Frank, representing Mr. W. H. Smith, spoke in favor stating that his client had reduced the density of the proposed development during the petition process. The proposal had been submitted prior to the recent update of the Denton Development Guide City of Denton City Council Minutes Meeting of October 1994 Page Seven • which would have further reduced the density. The development would have approximately l7 units per acre of total multi-family. His client nad, attempted to work with the neighborhood and had an agreement with adjacent property owers. No on-premises consumption of alcohol or gasoline service stations would be allowed to the neighborhood services portion of he development. Reverend Haygood spoke in favor of the petition stating that Fe had worked very closely with Mr. Franks and Mr. Smith becau•,e the proposed development was adjacent to the future site of his church building. His congregation had been kept informed of changes in the proposal and nad been asked to provide feedback to the petitioner. As his church had begun the clear the lot they had discovered how isolated the location was and would welcome a convenience store in the area. His church was unanimously behind the petition. Council Member Stephens asked Reverend Haygood if many of his congregation lived in the neighborhood. Reverend Haygood responded not at the present time but he felt they would move into the area after the church was constructed. Mr. Jim Engelbrecht, 2305 North Lake Trail, spoke in opposition stating that a major con-ern was the impact the neighborhood services portion of the proposed would have on the park are: which was to northeast of this planned devilopment. The residents felt a convenience store which sold alcoholic beverages could go into the neighborhood service portion and .h,. would be inappropriate so close to the park. The Planning and Zoning Commission had recommended there be no on-premises consumption of alcoholic beverages but the residents were asking the Council to remove all sales of such beverages (both oi, and off-premises consumption) from the planned development. In aidition, a convenience store would increase the traffic in the area. The residents would prefer that kh.; neighborhood services be replaced with office use. Mr. Engelbrecht stated that he founo it strange that the church did not oppose the sale of alcoholic b verages. If this and the sale of gasoline were removed from the petition the North Lakes citizens would not oppose the density oC '.he development. Council Member Stc',e.., asked when the verbal agreement had been reached regarding tie removal )f the sale of alcoholic beverages. Mr. Engelbrecht responded approximately 3 weeks a;o. The Mayor closed the public hearing. The Mayor allowed Mr. Franks 5 minutes for rebuttal. Mr. Larry Franks reported that a verbal commitment had been made to the North Lakes residents and he had assured them that he would check with the developer. The developer was willing to do whatever it took to proceed. Denise Spivey, Development Review Planner, reported that 7 reply forms nad been mailed with 3 returned in favor and 0 returned in opposition. This particular toning request had been in process for several months. Changes had been made in the density of the multi- family portion. While the proposal did not comply with the upgraded Development Guide densi'.y policies, it had been submitted prior to the Guide revisions. The Planning and Zoning Commission had recommended approval with 3 conditions which were specified in the agenda back up materials. • Riddlespergor motion, McAdams second to approve the toning request with the additional condition that there ti'ould be no sale of alcoholic beverages in the neighborhood services portion and no sale of gasoline; an additional condition would be added that there would be no convenience stores in the neighborhood services area. City of Denton City Council Ml..utes Meeting of October 2, 1981 Page Eight • Council Member Hopkins asked if the water line would tie in to the development at the west. Bob Nelson, Director of Utilities, responded yes. Acting City Attorney Joe Morris asked for direction in the preparation of the amended ordinance. Morris asked what the Council considered to be a "convenience store". Council Member Riddlesperger clarified that the neighborhood services should be limited to office use. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. C. The Council held a public hearing on the petition of Joe Evans requesting a change in zoning from the agricultural (A) classification to the planned develolaent (PD) classification on a 20.3 acre tract located on the east side of Masch Branch Road approximately Se: feet south of U. S Highway 380. If approved, the plannel development would permit light industrial (LI) land use. Z 1689 The Mayor orened the public hearing. Mr. Charlie Watkins, representing Joe Evans, spoke in favor of the petition stating that his client was requesting a planned development for light industrial use. Warehouses would be constructed now and the light idustrial uses wo:jld be developed in the future. There was only one house on the parcel. 4r. Evans had agreed to a lengthly list of exceptions and restrictions on the proposed development. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Development Review Planner, reported 'hat 6 reply forms had been mailed with 2 returned in favor and 0 returned in opposition. "his war a moderate intensity area with adjoining land uses of estate type housing, a steel company and some small businesses. There currently were 12 residences, 6 businesses and a significant amount of agricultural use in the area as well as undeveloped property. Future industrial development was being discouraged due to the proximity of this parcel to the municipal airport. The Planning and Zoning Commission had recommended ` approval with S conditions. 1. The Council considered adoption of an ordinance approving a change in zoning from the ,gricuitutal (A) classification to the planned development (PD) classification on a 20.3 acre tract located on thy: east side of 4iich Branch Road approximately S83 feet south of U. S. Highway 'Sj. The following ordinance was pres(nted: NO. 81-123 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENT049 TEXAS, AS SA4E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69.1 AND AS SAID MAP APPLIES TO 20.366 ACRES OF LAND LOCATED ON THE EAST SIDE OF MASCH BRANCH ROAD APPROXIMATELY S83 FEET SOUTH OF U. S. HIGHWAY 3801 AND IS MORE PARTICULARLY DESCRIBED HEREIN) TO PAOVIOE FOR A CHANGE IN ZONING CLASSIFICATION FROM 1GAICULTU0L "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" CLASSIFICATION AND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes Meeting of October 2, 1984 Page Nine Chew 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 Faye." Motion carried unanimously. D. The Council held a public hearing on the petition of Sigma Tau Gamma Fraternity requesting a specific use permit to operate a fraternity in an office (0) toning district at the northwest corner of West Oak Street and Fry Street. The pproperty was more particularly described as 1302 West Oak Street. S-181 The Mayor opened the public hearing. Mr. Scott Rizenski, Executive Vice-President of Sigmt Tau Gamma, spoke in favor of the petition stating that the fraternity had only been active at yTSU since 1983 and currently had 3S members. Fraternity projects had included a canned food drive, the planting of shrubs, assistance to the Cumberland Presbyterian Home, and a fun run to raise funds for the Olympics. The fraternity was petitioning for a specific use permit so as to be allowed to display their Greek letters on the exterior of the house. Fraternity meetings would be held on Sunday and would not create any traffic problems. The house itself was being leased on a :ease/purchase plan and was not located in a residentil= zoned area. Council Member Riddlesperger stated that, due to the traffic on Fry and Oak Street, it appeared that this was a terrible location for a Prat house. Ri:enski responded that the fraternit- was trying to locate out of a residential area. No one spoke in opposition. the Mayor closed the public hearing. Denise Spivey, Development Review Planner, reported that 14 reply forms nad been mailed with 0 returned in favor and 2 returned in opposition. The Denton Development Guide designated this area for low intensity uses and called out S criteria for this particular area. The proposal would exceed the intensity criteria. The Planning and Zoning Commission had recommended approva& with 1 conditions. Council Member McAdams stated that she applauded the group's activities but the Council could only look at the land use. Parking had been removed 1 block away for a bicycle path and she felt the granting of this specific use permit would in fact create a traffic problem. The area already was traffic congested due to the retail businesses and the other fraternity house which was across the street. 4ckdams motion, Rtddlesperger second to deny the req'aest. On roll call vote, McAdams "aye," Hopkins "ay3," Stephens "aye," Alford "aye," Riddlesperger "aye," Cnew "aye," and Mayor Stewart "nay." Motion to deny carried 6 to 1 with Mayor Stewart casting the "nay" vote. 4. Ordinances A. The Council considered ado Lion of an ordinance approving a request fo* a change in toning Eros the agricultural (A) classif}.c.(tion to the planned development (PD) classification for light industrial (Lli uses on a 130.6 acre tract located at the southeast corner of Jim Christal Road and Masch Branch Road. • Denise Spivey, Development Review Planner, reported thit the case was before the Council at their last meeting as st►aight Light Industrial toning. The Council had referred the case back to the - - - City of Denton City Council Minutes Meeting of October 2, 1984 Page Ten • Planning and Zoning Commiss,on as a planner' development. The P4Z had recommended approval with S conditions. The following ordinance was presented: NO. 81.124 AN ORDiNANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS Al APPENDIX TO THE CODE OF ORDINANCES OF fHE CIT1 OF DENTON, TEXAS, BY ORDINANCE NO. 09-1, AND AS SAID MAP APPLIES TO 150.6898 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF J14 CHRISTAL ROAD AND NASCH BRANCH ROAD, AND IS MORE PARTICULARLY DESCRIBED HEREIN- TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" CLASSIFICATION AND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkips. "ale," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye,' and Mayor Stewart "aye," Mor on carried unanimously. B. The Council considered adoption of an ordinance approving an Independent Contractor's Agreement with Jerry Wright, Space Planner, for Phase III of the Renovation Project. Ann Bingman, Project Administrator, reported that staff was proposing the contract to have Mr. Wright to continue as the space planner. The following ordinance was presented: NO. 84-IZS AN ORDINANCE OF THE CITY Of DENTON, YEXAS AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SPACE PLANNING SERVICES FOR THE RENOVATION PROJECTS OF THE MUNICIPAL BUILDING; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance approving an Independent Contractor's Agreement with Jerry Frederick, Construction Superintendent, for Phase III of the Renovation Project. Ann Bingman, Protect Administrator, reported that Mr. Frederick had made significant contributions in keeping the cost of the over-all project at a minimum. The following ordinance was presented: NO, 841.6 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AN AGREEMENT FOR PROJECT CONSTRUCTION MANAGER FOR THE RENOVATION PROJECTS OF THE MUNICIPAL BUILDING; AND DECLARING AN EFFECTIVE DATE. Hopkins 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. City of Denton City Council Minutes Meeting of October Z, 1984 Page Elevcn • D. The Council considered adopt Ior. of an ordinance approving an independent Contractor's Agreement with Richard Cooper, Mechanical Engineer, for Phase III of the Renovation Project. Ann Bingman, Project Administrator, reported that Mr. Cooper was the same engineer that the city had used in Phase 1 and II of the Renovation Project. The following ordinance was presented. NO. 84.127 AN ORDNANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AN AGREEMENT FOR MECHANICAL AND ELECTRICAL CONSULTING ENGINEERING SERVICES FOR THE RENOVATION PROJECTS OF THE MUNICIPAL BUILDING; AND DECLARING AN EFFECTIVE DATE. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote McAd.ins "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "Aye." Motion carried unanimously. E. The Council considered adoption of an ordinance setting inspection and permit fees as provided for by Article 1, Chapter 10 of the ordinances of the City of Denton, Texas; repealing all ordinances in conflict. Bob liagemann, Fire Marshal, reported that the ordinance would establish the fees that would be set on the new fire code which the Council e.3pted in September. Acting City Attorney Joe Morris reported that the new uniform fire code wnich had been previously adopted allowed the yrocedure to charge fees. This particular ordinance simply set the amount of the fees. Mayor Pro Tem Chew stated that he was in favor of the fire code but was opposed to the fee charged for fire inspections. McAdams motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "nay," Stepnens "nab," Alford "nay," Riddlesperger "aye," Chew "nay," and Mayor Stewart "aye." Motion carried failed 4 to 3 with Council Members Hopkins, Stephens, Alford and Mayor Pr Tem Chew casting the "nay" votes. City Manager Chris Hartung asked for direction from the Council as the revenues from these fees had been included in the budget. The consensus of the Council was to have a discussion of the fees placed on the work session agenda for October 15. F. The Council considered adoption of an ordinance abandoning and quit claiming an unused easement on property northeast of 1-3S and Prairie Street (near the proposed Mill Run apartments). Bob Nelson, Director of Utilties, reported that tha city did not need this particular easement. Council Member McAdams asked why the easement was being abandored. Acting City Attorney Joe Morris responded that the recomaendatian was to abandon the easement as it had never been formally dedicated. The following ordim,ce was presented; • City of Denton City Council Minutes Meeting of October 2, 1984 Page Twelve • NO, 84-128 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving a contract with Freese and Nichols, Inc. for master plan update for the sewer collection system. Bob Nelson, Director of Utilities, reported that It had been over 10 years since the master plan had been completed for the !ewer collection system. Ideally, the plan should be updated evfcy 5 years. The following ordinance was presen'ed: NO. 84.129 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE DEVELOPMENT OF A MASTER PLAN FOR THE FUTURE DEVELOPMENT OF THE CITY'S WASTEWATER COLLECTION SYSTEM, AND PROVIDING FOR AN EFFECTIVE DATE. • Stephens motion, Chew second to adopt the crdinancv, On roil call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. H. Tne Council considered adoption of an ordinance approving a contract with Freese and Nichols, Inc. for Denton water treatm-.nt plant expansion site study. Bob Nelson, Director of Utilities, reported that this item had been discussed at the work session. Two potential new sites would be identified. The following ordinance was presented; NO. 84-150 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR ENGINEERING CONSULTING SERVICES IN REGARD TO THE LOCATION OF A NEW WATER TREATMENT PLANT, AND PROVIDING FOR AN EFFECTIVE DATE. Stephens motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Al''ord "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously, S. Resolutions A. The Council considered approval of a resolution establishing out-of-city Library fees. Assistant City Manager Betty McKean reported that this was a revision of a previously approved resolution setting fees for library use by out-of-city patrons. City of Denton city council minutes Meeting of October 2, 1984 Page Thirteen • Council Member Stephens stated that he did not believe the Library board had recommended a fee of $11. McKean responded the Library Board had recommended an annual fee of $IS; however, during the recently compltted budget nearings, the fee nad been revised to Ill. The following resolution was presented: R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON. TEXAS: SECTION I. That the Policies of the Emily Fowler Public Library as approved by the City Council on December 7, 1976 are amended to provide for fees for noncity residents. The policy provision of "Registration of Borrowers" providing for the eligibility of persons for library cards which presently reads as follows: 1. Residence: An adult applicant who states that he is a permanent resident of Denton and/or Denton County and gives an address in either is eligible for a library card free of charge upon making application and presenting proper identification, is hereby amended to read as follows: 1. Residence: An adult applicant who submits reasonable documentation or information that the person perma- nently resides within the city limits is eligible for a library card • free of charge upon making proper application. An applicant who is not a permanent resident of the City of Denton, but who is a resident of Denton County, may upon proper app lication and payment of an annual fee of eleven dollars (111.00) be issuer' a library card which is valid for a periol of one year. SECTION 11. This Resolution shall become effective from and afte- Its date of passage. PASSED AND APPROVED this the 2nd day of October, Ism RICHARD 0. STEVKWro-NXW CITY OF DENTOS, TEXAS ATTEST: CITY Of DENTON,~TEXASS APPROVED AS TO LEGAL FOILM: JOE D. MORRIS, ACTING CifY ATTORNEY CITY OF DENTON, TEXAS BY: Council Member Stephens stated that he believed the fee was too low and would not cover the cost of the service. Council Member McAdams stated that $11 would b the cost of service if every out-of-city citizen used the Library. City of Denton City Council Minutes Meeting of October I, 1980 Page Fourteen Council Member Hopkins stated that all persons could use the Library; they would only need to pay the fee if they chose io check out Library materials. Ou roll call vote, McAdams "nay," Hopkins "aye," Stephens "nay." Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "nay." Motion carried 4 to 3 with Council Members McAdams, Stephens and Mayor Stewart casting the "nay" votes. Acting City Attorney Joe Morris stated that an ordinance would be presented to the Council at a later date to formally set the fees and allow for collection. 6. The Council received a report on proposed 1984 electric, water/wastewater rate changes. Bob Belson, Director of Utilities, gave a slide presentation of the 1983.80 expected rates, the 1984-SS current rates and the 1984-85 proposed rates. The Public Utilities Board lad asked staff to look at reducing the rates across the board as well as the summer rates. The utility system would required $1.9 million additional working capital this year. When considering changes the rates, the staff had looked at the entire TMPA costs, which represented an approximate $21 millitn to TMPA. Staff had removed 4 1/2c from the rates and put Ind 3 1/20 TMPA cost. There night be some months with a 1.Si fuel adjustment charge and some at Si. Staff was proposing a two tier fuel adjustment charge. Denton would be buying electricity from TMPA and then reselling. The cost for the energy as divided to get the summer and winter fuel adjustment charges. This resulted in a 191 increase in the base residential rates which the Public Utilities Board felt was too high. Staff was recommending an increased demand charge to large customers. Facility charges would • not change. Council Member Hopkins asked wnat the rates seemed to penalize people in tae category R-2 who were all electric. Nelson responded they were not being penalized. The rate .mold go down; nowever, the facility charge was greater than those persons in the R-1 category because the R-1 user consumed only ?00 I%H Fer month during the summer. Council Member Hopkins asked if the staff planned in looking it 0e rates during the year. lelsor, responded tliat staff would look at the fuel adjustment charge but nee the base rate, There was a risk involved in setting a rigid fuel adjustment cost. If TdPA rates were to decrease, Denton wo-ild need flexibility to reduce the charge also. On the water utilities, the anticipated increase would allow a $65,000 surplus. Charles Cryan, Utility Budget/Rate Administrator, presented a comparison of rates for various cities and stated that all cities were changing their rates and Denton wanted to stay competitive. Denton did nave a higher facility charge but this would level out in the larger consumer classes. Nelson reported that staff was recommending a 2 level fuel adjustment charge - one for summer and one for winter. Council Member Hopkins stated that he was concerned about what, a 171 increase would do to tha larger industrial customers and would affect industrial development and growth. ,le was also concerned about the small businessman. City of Denton City Council Vinutes Meeting of Ot:tober 2, 1981 Page Fifteen 7. The council consiaered approval of a request for water/ sewer service outside the Kenton city limits by Jay-Mar Addition, Lot 1, Block 1. Bob Nelson, Director %f Utilities, reported that this request had been discussed previously. Hopkins motion, Chew secotd to approve the request oy Jay-mar Addition for water/sewer service outside the city limits. Motion carried unanimously. 8. The Council consideteJ approval to provide water/sewer service to Denton County North Mobile Subdivision and Denton Canty South Mobile Subdivision on East McKinney Street adjacent to Vacation Village Estates. Bob Nelson, Director of Utilities, reported this was a 552 lot development which was requesting water and sewer service. The developer would be required to extend a 12 inch water line and a new lift station would also bo required. There would be no cost to the city. Chew notion, Stephens second to approve the water/sewer service. Motion carried unanimously. 9. There was no official action on Executive Session items of legal natters, real estate, personnel, and board appointments. 10. No items of new business were suggested by Council Members for future agendas. The Council reconvened into the Executive Session. No official e action was taken. with no further items of business, the meeting was adjourned. KlUiANU U. i Ri, 14ATOK- CHARLOTTE ALLEN, CITY SECRffM • 1615C t City Council Minutes October 16, 1984 The Council was to depart for a tour of the Lake Ray Roborts construction site at 2:00 p.m. The tour was rained out and was •o be rescheduled for a later date. The Council convenes into the Work Session at 5.30 p.m, in the Civil Defense Room, PRESENT: Mayor Stewart; Mayor Pro Tem Chew Council Members Alford, Hopkins, McAdams, Riddlesperger, and Stephhens City Manager, Acting City Attorney and City Secretary tBSENT: None 1, The Council held a 'iscussion of a proposed fire (5) acre oftice development and general development plan for a 70 acre site located iu toe extra-territorial jurisdiction (adjacent and north of Highway 38U west and west of Masco Branch Road) for the purpose of determining wnetner to begin the annexation prucess. David Ellison, Senior Planner, reported that the proposed Tri-Steel Headquarters Addition was a 5 acre site located 50 feet south of the present city limits extending along Highway 384 west. The development of a construction office facility was the Immediate proposed land use, however, Tri-Steel owned approximately 70 acres beginning at the north.:est corner of Highway 380 west and Masch Branch Road, A general development plan had been submitted for the entire parcel at the request of the Development Review Committee, Information concerning future development was limited but Tri Steel nad indicated toe possibility of some lignt industrial uses at some future date, Tri Steel did emphasize that there were no immediate plans tot development except fur the 5 acre office site, The Denton Development Guide designated this as a low intensity area. • Permission nad been granted for the extension of city utilities. A preliminary plat had been submitted for the proposed oftice site. Tri-Steel Structures, Inc. had considered locating their office facility on a portion of the tract waicu was currently within the city limits but had opted not to do so when they discovered that a zoning change would oe required. The consensus cf the Council was to proceed with annexation pro- cedures on the 70 acre tract. 2. Tne Council held a discussion of tae ordinance setting fire inspe:tiun and permit fees. City Manager Chris Hartung reported that tnis was a new program, Siany Cities were looking at the same type of system but Penton had been one of the first to adopt the program wnicn was implemented the first of February. Bob Hagemann, Fire Marshal, reported that the fire inspection program nad been on-going for approximately 50 years. the Pire Department tried to Inspect .ach business twice a year and the schools and hospitals three times a year. Some inspections were cone of sprinkler systems, LP gas, etc. but these did take more staff time. It also took staff time to inspect for rubbish, bon fires and tree fire permits. Under state law, developers could burn trees which they uprooted during the clearing of lots, The Fire Department would like to be able to charge a few for these inspections as they did take considerable time, Councit Member Stephens asked if a fee was charged to individuals for inspection of storage or handling permits for liquid petroleum products, . Hagemann responded no-, inspections were conducted for gas stations with underground tanks and the owners were only charged at the time of the installation. City of Denton City Council Minutes Meeting of October 16, 1384 Page Two . Council Member Hopkins asked if the fire inspection fee was an on-going program each year. ' Hagemann responded yes. He then reported that the total number of fire lnspectlons billed as of September 10 was 640. Total amount of the inspection fees billed was $14,440 with $10,900 already collected. Council Member Stephens stated that he and no argument with most of tuc inspection fees being charged; however, he did object to the $IS fee charged to businessmen for inspections. City Manager Hartung stated that Council wuuld have to go back to the reason for the fees and ciiarges. The original purpose was to the tie the cost of service to the user and not the general taxpayer. The change which had been previously approved was to add an additlunal fire inspector and to charge for the inspection. Presently, staff was completing approximately 30 inspections per montn. In lv82, the city was looxiag at a very tignt economic situation and the fecs were reviewed in that context. This program had increased the city's fire inspection program and had taken care of the Fire Marshal's office money situation. Tnls basically was a policy question • should this service be paid for from the General Revenue Fund or from a special fee. Council Member Riddlesperger stated that the difference between a tax paid service and a fee seemed to be whether the person aging felt that they got their money's worth. Many complaints hal been that the inspectors walked through the business in 2 minutes and collected the fee. The inspectors were not selling themselves or the importance of th%• service they were providing, . Hagemann replied that the staff was properly trained and were all certified inspectors. Council Member Riddlesperger responded that perhaps the inspectors were not doing a good public relations job. Hagemann responded that he could speak with the inspectors about that. Council Member McAdams stated that the LL~~policy question was important. What was going to be the Council's policy about ;harging for the services which were rendered? A charge was assessed for children using parks and recreation facilities and associated pro- grams. The City/County Health Deportment charged for inspections of restaurants and that fee was based on the entire facility pIvs so much per table. McAdams then stated that she wanted to know that when she went into n business that she would not be trapped by a fire hazard. Not all businessmen who had been inapected had complained and she felt that some of the problems were because the program was new and different. Perhaps staff should concentrate on public relations and selling the program at first. If this fee were removed, the Council should look at the whole policy of fees. A differentiation should be made between those services which the city was responsible to provide and those which should be charged back to the user. Mayor Stewart stated that he agreed with Council Member McAdams. Council Member Hopkins stated that he did not think the inspections ahould be stopped but a different view should be taken. He felt the inspectors should work with the business community and convince the businessmen that the service was to their advantage. If the inspectors were paired with firefighters, the firefighter could e gain insight on where flammables were stored, etc, in case of a fire at the business at a later data, City of Denton City Council Minutes Meeting of OctoSer 16, 1984 • Page Three Council Member Alford stated that he had been inspected. The inspectors had looked in every corner and through his entire business but had been very quick. Perhaps they should explain to the businessman what they were doing. Council Member Stephens stated that perhaps the fire inspectors should leave a copy of the inspection report with the businessmen so that they would know what had been checked. Council Member Stephens stated that there was no question on the need for :he inspections; the question was on whether or not to charge the fee. He agreed with Council Member Hopkins that a fire- fighter should accompany the inspector so as to get acquainted with the business and the contents. He also agreed with Council Member Riddlesperger that the program needed some positive public relations work done. It seemed that this was part of the Fire Department job to give this service to the public. Council Member Riddlesperger stated that he had no problem with charging the fee but felt the inspectors needed to explain and sell the program when they performed the inspections. Council Member Hopkins asked if a problem was found and a re-inspection was done, was another fee charged. Hagemann responded nor if a problem was found, the inspectors iid re-inspect. If the problem was still not corrected on the third re-inspection, a warning was issued. If still not abated, a citation was given. Council Member McAdams suggested the fee program. be continued for 1 year on a trial basis. Council Member Stephens stated tha. the only portion of the fee ordinance which he was opposed to was the $15 fire inspect;:+n charge for businessmen. I Mayor Pro Tem Chew stated that businessmen had the :lame rights to free inspections as did homeowners. Council Member McAdams stated that businesses generate a profit while homeowners did not. Council Member Hopkins stated that the Council should consider if the revenues generated by the fire inspection fee outweighed the hard feelings of the tusiness commui-.ity. Council Member Riddlesperger stated that it was the same as citizens who pay taxes but also have to pay for garbage collection. Stephens motion, Chew second to approve the fee ordinance with the exception of the fire inspection fee. Riddlesperger motion, McAdams second to amend the motion to approve all of the fL-es in the ordinance. Motion carried 4 to 3 with Council Members Stephens, Hopkins and Mayor Pro Tem Chew casting the "nay" votes. 3. The Council held a discussion of a street bond election. City Manager Chris Hartung reported that as the budget was now out of the way, the Council could hold this first discussion on the proposed street bond election. • Council Member Stephens asked for a dollar figure for the election. City of Oenton City Council Minutes Meeting of October 16, 1984 Page Four Assistant City Manager Rick Svehla responded that staff was awaiting direction from the Council. The first street bond election, held in 1981, was for approximately $8 mill!.on. A year and a half later the second election was f)r approximately $10 :pillion. Material costs were not escalating as rapidly as before but were still expensive. Council Member Stephens stated that he felt the proper direction was to hold the election strictly for street improvements and the drainage projents which would be associated with the road work. He then asked what would be the earliest date the election could be held. Hartung responded that the Council should consider the upcoming holiday season but should decide as quickly as possible on calling the election and gut the ball rolling. 4. The Council convened into the Executive Session to discuss legal matters, real estate, personnel, and board appointments. No official a:tion was taken. The Council ther. convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stewart; Mayor Pro Tem Chew; Council Members Alford, Hopkins, McAdams, Riddlesperger and Stephens City Manager, Acting City Attorney and City Secretary ABSENT: None • 1. The Council cc..sidered app:oval of the Minutes of the Special Called Meeting of July 24, 1984; the Special Called Meeting of July 31, 1904; the Recular Meeting of August 7, 1984; and the Special Called Meeting of August 13, 1984. Stephens motion, McAdams second to approve the Minutes as presented. !lotion carried unanimously. 2. Consent Agenda Hopkins motion, Chew second to approve the Consent Agenda of ,,resented. Motion carried unanimously. Consent Agenda: A. Purchase Orcers: 1. Purchase Order 0 65181A to Georce Stracer.er in the amount of $5,600.00 2. Purchase Crc(ez 4 65197 to Mahanay International in the amount of $3,658.95 3. Purchass Order 0 65263 to J. S. Equipment Company in the amount of $6,320,97 B. Plats and Replats: 1. Consider approval of the hrelimi.;ary plat of the Dallas Drive Mini Storage Addition. (The Planning and Zoning Commission recommends approval.) 2. Consider approval if the preliminary replat of the Milton Court Addition, lot 1, block 1, (The Planning and Zoning Commission recommends approval.) 3. Consider approval of the preliminary replat of Sun Valley Addition, lot 13, block A. (The Planning and Zoning Commission recommends approval.) 4. Consider approval of the preliminary plat of Southridge 111. (The Planning and Zoning commission recommends approval.) v 1, . City of Denton city council minutes Meeting of October 16, 1984 Page Five . 5. Consider approval of the final replat of the Guy Laney Addition. (The Planning and Zoning Com- mission recommends approval.) 6. Consider approval of the preliminary plat of the Hartman Acres Addition. (rho Planning and Zoning Commission recommends approval.) 3. The Council was to receive a report from the Committee on Employment of the Handicapped. No one was present to present the report. 4. The Council considered approval of the request by the Miller girls of Denton to paint the wall on Bonnie Brae and Scripture. Mr. Jeff Raleigh, representing the Miller girls, reported that all of the residents in the area by the wall had been contacted and had signed a petition requesting approval by the Council to have the wall painted. Mr. Raleigh presented a sketch of the proposed wall painting. If approved, the painting would take place on November 3. McAdams motion, Hopkins second to approve the request to paint the wall on Bonnie Brae and Scripture. Motion carried unanimously. 5. Public Hearings A. The Council considered the petition of W. S. Nash requesting a change in zoning from the agricultural (A) classification to the planned development (PD) classification on a 44.1 acre tract located on the east side of FM 2164 (North Locust Street) approxi- mately 5,600 feet north gf Hercules Street. The tract is more • particularly described as immediately adjacent and west of Turin Lakes Mobile Home Park. if approved, the planned development would permit the construction of a 198 lot mobile some subdivision. 2-1684 The Mayor opened the public hearing. Mr. W. S. Nash, the petitioner, spoke in favor statiz,n that staff had stated this proposal did not meet the subdivision rules and regulations due to the adjacent 300 mobile home park. Twin Lakes Mobile Home park was not within the city limits and this developrent was. This would be a first class development. He had agreed to put in special lighting so as not to interfere with telescopes used in the area. The project would be occupant owned and not rental property. City water and sewer would be extended to the proposed development. Mr. Nash concluded by stating that the Twin Lakes Mobile Home park did not meet city codes and asked the Council not to judge his development by what was next door. Mr. John Overstreet, representing a group of home owners and land owners in the neighborhood, spoke in opposition and presentee the Council with a petition stating several objections to the develop- ment and a copy of a traffic study which had been done by staff for ` North Locust Street. The neighbors had met, on this proposed development and were concerned that the petition would violate the Planning and Zoning Commission policy regarding diversification of housing. It was felt that, if approved, this project would devaluate the property values of the existing residents as well as increase the traffic on North Locust. Traffic was already being increased by the Joe Below development, the Snyder development, Evers park and the school. The alignment of Bell Avenue north of Sherman had not been settled and the residents did not want another situation like the one which existed on Teasley Lane. It had been stated that city crater and sewer service would be extended to the development. Mr. Overstreet stated that he had checked with the city utility department and the developer did not have a firm plan on extending these services. There would also be problems with fire, police and animr.l control services in this area. The citizens who opposed were within the city limits and wer9 asking the Council to give them due consideration and to follow the PAZ recommendation for denial. City of Denton City Council Minutes Meeting of October 16, 1984 Page Six • The Mayor closed the public hearing. The Mayor allowed Mr. Nash 5 minutes for rebuttal. Mr. Nash stated that any plan to provide water and sewer service would have to be approved by the city staff and City Council. The traffic situation would be handled by the new norther extension of Loop 288. This development would be phased in as it was a single family project and would take approximately 3 to S years to complete. A development could not be limited to what the streets could handle now. Denise Spivey, Development Review Planner, reported that 6 reply forms had been mailed with 0 returned in favor and 2 returned in opposition. This location had been de3ignated as a low density area which fell under several criteria in the nenton Development Guide. Firstly, the intensity/density standard should not be violated. No concentration of mobile homes should exceed the 200 limit. This development would have 198 mobile homes but it was located adjacent to another mobile home park. The development should have access by a collector or larger street. Strict site plan control should be maintained and green space and recreational facilities should be provided. Input to the planning should be solicited from the neighborhood. The Planning and Zoning Commission had recommended denial by a unanimous vote. If the Council approved t,'ie petition, the PAZ had attached several conditions. Council Member Hopkins asked how far the proposed development was from the extension of Loop 288. Spivey rep;.)nded approximately 1600 feet north of Hercules was the site for the development. Council Member Hopkins asked if the intensity standard included • the mobile home park which was outside the city limits. Spivey responded yes, in this case, because the two would be adjacent. Riddlasperger motion, Alford second to Ceny the petition. Motion to deny carried unanimously. B. The Council 'geld a public hearing on the petition of Bob Crouch requesting a charge in zoning from the agricultural (A) district to the light industrial (LI) district on an approximately 20 acre parcel located on the north side of Fishtrap Road, approximately 2,400 feet east of TAP, MxT Railroad. T;ie property is more particularly described as lots 1-16 of the Meadow Lark Addition. Z-1691 The Mayor opened the public hearing. Mr. Bob Crouch, the petitioner, spoke in favor stating that he was representing the 2 property owners. The property was platted into 16 lots of various sizes. They were now requesting a zoning change to light industrial to huil6 warehouse type structures on the lots. They f.rlt there was a real need for this project. Surrounding- land uses inc),•Fed a nursery, welding shop, a mobile home park and a convenience store. Mr. Jim Griffith, developer of Sandy Hill mobile home park, spoke in opposition stating that he would be moving into the park within 3 to 4 month.i. One of the petitioners, Mr. Neblett, owned a 96 acre tract ati the corner cf Geesling and Fishtrap Road which had recently boon rezoned commercial and Mr. Griffith had not objected. He stated that he did feel the remainder of the property should remain basically residential in natlsre. If the vacant property were to be coned co vtercial or light industrial, it would be very difficult for him to sell all of the lots in his mobile home subdivision. The z City of Det-ton City Council Minutes Meeting of October 16, 1994 Page Seven petitioners were not interested in completing the development but rather to buy property, have it rezoned and then sell the land for a quick profit. The Mayor closed the public hearing. The Mayor allowed Mr. Crouch 5 minutes for rebuttal. Mr. Crouch stated that cne of the owners was present and had been very active in development on Loop 288. This property had been platted in 1972 and the owner did plan on developing. His client was aware of the requirements by the city to develop the property under the subdivision rules and regulations. Denise Spivey, Development Review Planner, reported that 11 reply forms had been mailed with 2 ret-arned in favor and 0 returned in opposition. This area had a bodge-podge c land uses which were mostly non-conforming. Mr. Neblett had recently petitioned end had been granted a zoning change from agricultural to light industrial on a 96 acre parcel in this same area. 1. The Council considered adoption of an ordinance approv'na a change in zoning from the agricultural (A) district to the light industrial (LI) district on an approximately 20 acre parcel described as lots 1-16 of the Meadow Lark Addition,. The following ordinance was presented: NO. 84-131 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE 0 CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE No. 69-1, AND AS SAID MAP APPLIES TO APPROXI- MAT.r.LY 20 ACRES OF LAND SITUATED IN THE T. H. LIVING SURVEY, ABSTRACT I10. 729 AND THE M. FORREST SURVEY, ABSTRACT NO. 411 DENTON COUNTY, TEXAS AND LOCATF,D CN THE NORTH SIDE OF FISHTPAP ROAD APPROXIMATELY 2,400 FEET EAST OF T6P MKT RAILROAD; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FR';?t AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO LIGHT INDUSTRIAL. "Lim CLASSIFICATION AND USE FOR SAID PROPERTY; AND DECLARING A14 EFFECTIVE DATE. Hopkins motion, Stephens 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. C. The Council held a public hearing on the rtLition of Charles Watkins representing Karl F. Young, requesting a change in zoning from the agricultural (A( district to the commercial (C) district on two tracts totaling 1P.8 acres located on the west side of Loop 288 approximately 2,500 feet south of East McKinney Street (FM 426(. The property was located directly across Loop 239 from the eastern extension of Morse Street. Z-1692 The Mayor opened the public hearii.g. Mr. Charlie Watkins, representing the petitioner, spoke in favor stating that the surrounding land uses were a single family struct ire to the north, to the south and west was vacant and across the street on the east was largely industrial. A portion of this property, approximately 3 acres, was in the flood plain. This was located in a high intensity node, it fronted on a major arterial street and City of Denton City Council Minutes Meeting of October 16, 1984 0 Page Eight was adjacent to 2 large sewerlines. The Capitel Improvements Program should extend a major water line across the front of the property. Mr. Mike Ramos, representing the industrial park across the street, spoke in savor stating that they had no opposition to the zonin;• request. The only concern was access back towards Loop 288. No one spoke in opposition. The Mayor closed the public hearing. Lanise Spivey, Development Review Planner, reported that 6 reply forms had been mailed with 1 returned in favor and 0 returned in opposition. This request was in a high intensity area and high employment area adjacent to the Golden Triangle mall. The proposed development would be a consistent land use. McAdams motion, Alford second to approve the petition. Motion carried unanimously. D. The Council held a public hearing on the petition of R.W.G.P., Inc., represented by Curtis Hodgson, requesting a change in zoning from the aaricult;.ral (A) district to the planned development (PD) district on an rpproximately 17.1 acre parcel located at the southwest corner of Paige and Swisher Roads. If approved, the planned development would permit 18 single family lots (minimum lot size 7,000 square feet) along the south side of Paige Road and 11 single family estate lots (minimum lot size one acre) along the west side of Swisher Road. 2-1694 The Mayor opened the public hearing. Mr. Curtis Hodgson, President of R.W.G.P.; Inc., spoke in favor stating this petition was for a development to serve as a buffer zone between Chaparral Estates and his proposed mobile home subdi.ision. Int_rnal street paving along Swisher Road would be 24 feet streets.ith 30 feet dedication from the centerline. The streets would be built to standards as far as depth and materials were concerned. Mr. Hodgson requested to be allowed the construct the streets to state standards with bar ditches as opposed to curbing and guttering. Council Member McAdams asked if the present streets were built to estates standards. Mr. Hodgson responded yes; the present streets were 18 to 20 feet wide. Ha would be increasing the width of the streets. Mr. Brian B,:rke, civil engineer, rpoke in favor of the petition stating that he was working with Mr. Hodgson on the drainage and utilities aspects of the development. Mr. John Russell, of Chaparrel Estates, spoke in opposition stating that he had mixed feelings in that he would like t.' see the area across the street from hire develop as single family. However, he wondered if anyone would buy the single family homes on a 1 acre tract if a mobile home park was located in the back of the single family development. He believed Mr. Hodgson would have difficulty in selling the property and would be back before the Council in 2 years to ask for a planned development on this tract for a mobile home park. Council Member Riddlasperger asked if Mr. Russell would oppose this petition if Council tabled the second portion for the mobile home subdivi i until thr_sc lots were sold. Mr. Russell responded no. City of Denton City Council Minutes Meeting of October 16, 1284 Page Nine • Mr. S. F. Taylor, President of Shiloh Cemetary Association, spoke in opposition stating that the developer had agreed to construct a 6 feet high fence to keep water from the cemetary and he wanted an assurance from the Council that this would be done. Mayor Stewart stated that this public hearing was for zoning only. Drainage improvements, etc. would be handled during the platting process. Mr. Carroll Nunez spoke in opposition stating that he was concerned about access through the development on Paige Road. Mayor Stewart stated that the staff would address Lhis issue during their report. Ms. Joette Powell, owner of 10 acres on Paige Road and Swisher Road, spoke in opposition stating thnt no one wanted to live next to a mobile home park. Mayor Stewart state3 that this particular zoning request was not for mobile homes but for single family dwellings. Ms. Jud•. Grimes spoke in opposition stating that s'.e had heard no clarification on what type of houses would be built. Mr. Kevir. McCormick spoke in opposition stating that he lived adjacent to the single family 7,000 square feet lots and felt the petitioner needed to make the buffer of 1 acre tracts applicable completely around the parcel. The Mayor clo.ed the public hearing. • The Mayor allowed Mr. Hodgson 5 minutes for rebuttal. Mr. Hodgson stated that he did not believe that manufactured housing in the area would devaluate the property values of the single family dwellings. A fence would be constructed at the cemetary. The 1 acre tracts came about due to the character of the land and he believed the SF-7 was a reasonable application. Denise Spivey, Development Review Planner, reported that 10 reply forms had been mailed with 1 returned in opposition and 0 returned in favor. This was outside the limits of the Denton Development Guide study area and was mostly agricultural in nature. The proposed land use would be compatible with adjoining Chaparrel Estates. The Planning and Zoning Commission recommended approval with 3 conditions. Council Member Stephens asked about the access back out to the 18 back lots. Spivey responded access would be on Paige Road. Assistant City Manager Rick Svehla reported that Paige waa a col- lector street and the subdivision rules and regulations would require 1 driveway every 200 feet. Council Member Riddlesperger asked why there were no 1 acre lots on the back of the development. Council Member Stephens stated that he had noticed that some of those persons speaking in opposition had had reply forms returned to the city due to an incorrect address. Spivey stated that the reply forms were mailed to the address on the current tax rolls. City of Denton City Council Minutes Meeting of October 16, 1984 Page Ten • Assistant City Manager Rick Svehla reported that he had given an erroneous answer previously, The subdivision rules and regulations required 2 driveways per every 100 feet for a collector street and all of these could come out on Paige Road. Council Member Stephens asked if the interior road in the development would also come out on Paige Road. Svehla responded yest but this could be platted differently. McAdams motion, Chew second to approve the petition. Motion carried 6 to 1 with Council Member Stephens casting the "nay" vote. E. Thy Council held a public hearing on the petition of R.W.G.P., Inc., represented by --*urtis Hodgson, requesting a change in zoning from the agricultural (A) di.strict to the planned development (PD) district on a 49.4 acre tract in the Gideon Walker Survey, Abstract 1330. The property was located c- the north side of Shady Shores Road approximately 250 feet west of Swisher Road. If approved, the planned development would permit the development of a 275 lot manufactured housing subdivision. 2-1695 The Mayor opened the public hearing. Mr. Curtis Hodgson, the petitioner, spoke in favor stating that trees would be planted to separate the SF-7 housing from the mobile home park. The density, traffic ani utility issues had been discus- sed at previous public hearings. There would be privacy fencing around the development. Mr. Hodgson then stated that in his original petition for this development he had not proposed zhe buffer zone of single `amily housing but had resubmitted the request in an effort to work with adjoining property owners. The Planning and Zoning Comatission had attached 20 conditions to this petition to which he was willing to comply. The City of Corinth had stated that Shady Shores Drive was a major arterial and required 50 feet dedicated right-of-way. Council Member Riddlcsperger stated that he wondered if the 1 acre lots abutting the mobile home subdivision would sell and asked Mr. Hodgson if he would agree to delay the mobile hors park until 751 of the 1 acre lots were sold. He stated that he would rather see the lots sell first and asked Mr. Hodgson if he would have a problem with this. Mr. Hodgson stated that h3 believed the market was fast movirg but there were many subdivisions in southeast Denton which were 5 to 8 years old and were not 751 orzupted. Ms. June Hannah, real estate agent, spoke in favor of the petition stating that she was also a mobile home broker and there was a great need for this type of development. Many people could not afford $80,000 to $90,000 homes. Most of the housing in the lower price range was substandard and below the quality of good manu- facturcd housing. Ms. Hannah asked the Council to consider the petition as it was an option for many people. She cincluded by stating that she did believe the 1 acre lots would sell and if they did not, the loss ..ould be Mr. Hodgson's. Ms. Lynn Schneider, resident of Chaparrel Estates, spoke in opposit.on giving a review of tee density of mobile homes in the southeast Denton area. Even in the best parks, mobile homes still came on wheels and still hid to have 1 side which could be opened to access hot water heaters and electrical utilities. Firefighters required special training on handling fires in mobile homes due to the formaldahyde problem created by the large amount of plastic used in • mobile home construction. Ms. Schneider presented slides on mobile home parks in the southeast Denton area which had 50 homes or more. City of Denton City Council Minutes Meeting of October 16, 1984 Page Eleven Ms. Schneider also stated that the Shiloh cemetary had been,in the area for e0 yearn and rhis devil pment not agreed sheefound between the cemetary and very located offensive clthat ose to the the , erietary1 for the development complex would h had Council had d denotede on asked her maMs. p were n full r or if ifh they mobile home me parks vacancies. Ms. Schneider stated that Lakewood Estates was expanding and Champion Mobile Home park owned approximately lOD acres. Ms. Liz Fobat spoke in opposition stating that Mr. Pearson of the Planning and Zoning Commission had calculated *hat between the current vacancies in existing mobile home parks and the new proposed parks, there were enough mobile home units available already to last for 8 years. Mr. rel sridenotsidebelnt of development would sell. Mary n people in Denton believed this type of development trend would threaten the future of Denton. Citizens were very concerned about development in Denton and were angry at the City Council and the Planning and Zoning Commission. Mr. Russeltheresentedel petition to the Mayor and concluded by stating that residents would like to see satisfactory site built homes constructed. Economic times had not been good out were improving. nton're depended on quality development. Mr. Carrel. Nunez spoke in opposition stating that he lived close • to where Paige Road intersected to the road that goes to Mayhill. He had obtained signatures on a petition opposing the development. Mr. John Tinnerello, Shady Shores Road, spoke in opposition stating of s nobile homesevalopment, the that his prto the oliferation n density raffic cand n the was added t Ms. Judy Grimes spoke in opposition stating that mobile home parks usually deteriorate over the years which would devaluat,n adjoining property values. Ms. Lvelyn Denton, resident of Hidden Valley Airpark, spoke in opposition stating that she was a realtor who worked with yuung property~values,could didhdevaluatemobile cou nnotpseles. Ma them oMobile ehomescouples Ms. Marilee J:hnson spoke in opposition stating that the Council should consider keeping green space around Denton. Mr. Morris Pearson, Chaparrel Estates, spoke in opposition stating that this would be an inappi:opriate development adjacent to single family customer homes. The most current update to the Denton Develop- ment Guide mentioned that mobile home parks would have to be of compatible design with existing housing and mobile homes did not conform with custom built homes. Chaparrel Estates was anithttheished neighborhood and the proposed development did not comply 1600 feet distance requirement from existing housing. The Mayor vlo5sd the public 'nea:ing. The Mayor allowed Mr. Hodgson 5 minutes for rebuttal. Mr. Hodgso% stated that there would be ~i.57 units per acrerhich with . had the effect that only 111 of the property would houses. There was no question of the quality of construction of the units. There was a stigma attached to mobile homes and the real issue seemed to be the "haves" against the "do not have as much" or $50,000 homes next to $2000000 hones. The development would be distinguished. .7 1 . _ 1, J , t . a City of Denton City Council Minutes Meeting of October 16, 1984 Page Twelve Denise Spivey, Development Review Planner, reported that 5 reply forms had been mailed with 0 returned in favor and 1 returned in opposition. The development would be controlled under the planned development zoning and not the mobile home ordinance. The Planning and Zoning Commission had recommended approval with 20 conditions attached. Stephens motion, Riddlesperger second to deny. Motion to deny failed 4 to 3 with Council Members McAdams, Hopkins, Alford and Mayor Pro Tem Chew casting the "nay" votes. McAdams motion, Chew second to approve the petition. Motion to approve carried 4 to 3 with Council Members 5'~ephens, Riddlesperger and Mayo, Stewart casting the "nay" votes. Council Member Alford left the meeting. 6. irdinances A. The Council considered adoption of an ordinance approving a change in zoning from the single family (SF-10 and SF-16) zoning classifications to the planned development (PD) classification on an 83.2 acre tract located on the east and west sides of Lillian Miller Parkway beginning approximately 1,000 feet south of Interstate Highway 35E. Z-1682 Denise Spivey, Development Review Planner, report^d that this was the ordinance only for a previously approved petition. Council Member Stephens stated there was a discrepancy on the detached/attached portion of the petition. Council Member McAdams stated that she remembered very distinctly a lert;thy discussion of the petition with fences, garages, etc. as attached. Spivey reported that Council Member Stephens's motion had been for the portion of the development west of Lillian Miller Parkway to be detached. Stephens motion, Chew second to approve the ordinance with detached housing west of Lillian Miller Parkway. Council Member Riddlesperger stated that the original petition had called for attached by garages but to look like detached. Council Member Hopkins stated that the presentation had stated that these units could have comtron garages. Council Member Stephens stated that he had checked with the petitioner. Two changes had been mace to the original petition - one change was to delete the planned development classification for those areas which already ware zoned SF-10 and SF-16 and the other was that the proposal lest of Lillian Miller Parkway be changed from attached to detached housing. Council Member Hopkins stated that he was •.ot aware of this and believed the Council was to vote on the original presentation. Hopkins motion, McAdams second to table the ordinance. Motion to table passed 4 to 2 with. Council Member Stephens and Mayor Pro Tem Chew casting the "nay" votes. B. The Council considered adoption of an ordinance approving an amendment to planned development (PD-6) on a 58.2 acre tract located on the south side of Colorado Boulevard approxi- mately 1,500 feet northwest of Loop 288. 2-1674 Denise Spivey, Development Review Planner, stated this was the ordinance for the Township 11 zoning case which had been previously approved. ENNOW City of Denton City Council Minutes Meeting of October 16, 1984 Page Thirteen • The following ordinance was presenteds :70. 84-132 AN ORDINANCE AMENDING A PLANNED DEVELOPMENT DISTRICT PURSUANT TO T!'.°. PROVISIONS OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS AS SAID DISTRICT APPLIES TO APPROXIMATELY 56.027 ACRES OF LAND, MORE OR LESS, OUT OF THE MARY AUSTIN SURVEY, ABSTRACT NO. 4, LOCATED ON THE SOUTH SIDE OF COLORADO BOULEVARD APPROXIMATELY 1,500 FEET NORTHh'EST OF LOOP 288; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote McAdams "aye", Hopkins "aye", Stephens "aye", Riddlesperger "aye", Chew "aye", and Mayor Stewart "aye". Moto carried unanimously. C. The Council considered adoption of an ordinance approving a change in zoning from the agricultural 1A1 to the planned development (PD) classification on a 52.9 acre parcel located at the southwest corner of Bonnie Brae Street and Payne Drive. Z-1688 Denise Spivey, Development Review Planner, reported that this was the ordinance on the Payne Drive/Bonnie Brae zoning petition which had been previously approved. The following ordinance was presented: I N0. 84-133 PN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF USNTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1 AND AS SAID MAP APPLIES TO 52.9 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF BONNIE BRAE AND PAYNE DRIVE, AND IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FCR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" CLASSIFICATION AND USE DESIGNATION: AMID PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Riddlesperger motion to adopt the ordinance. On roll call vote 4cAdams "aye", Hopkins "aye", Stephens "aye", Riddlesp:erger 'aye", Chew "aye", and Mayor Stewart "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance repealing Article II of Chapter 25 of the Cole of Ordinances; enacting a new Article II of Chapter 25 of the Code of Ordinances to provide for the establishing of rates, charges, fees, de).osits, billings andprocedures for providing electrical service by ordinance; and declaring an effective date. Bob Nelson, Director of Utilities, reported that this ordinance would establish the procedure by which the fees would to reroved from the Code of Ordinances and t}.erefore would not have to be codified. The following ordinance was presented: NO. 84-134 • AN ORDINANCE REPEALING ARTICLE II OF CHAPTER 25 OF THE CODE OF ORDINANCES; ENACTING A NEW ARTICLE 11 OF CHAPTER 25 OF THE CODE OF ORDINANCES TO PROVIDF. FOR THE ESTABLISHING OF RATES, CHARGES, FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR PROVIDING ELECTRICAL SERVICE 9Y ORDINANCE; AND DECLARING AN EFFECTIVE DATE. City o` Denton City Council Minutes Meeting of October 16, 1984 Page Fourteen McAdams motion, Hopkins second to adopt the ordinance. On roll tail vote, McAdams "aye," Hopkins "aye," Stephens "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." unanimously Motion carried . E. The Council considered adoption of an ordinance establishing rates, charges, fees, deposits, billings and procedures for providing electrical services by the city to its customers; providing a severability clause; and providing for an effective date. Bob Nelson, Director of Utilities, reported that staff nad previously presented the rate study and the comparison of various other city's rates. Nelson then reviewed the comparison of rates for residential aad small commercial customers. Council Member Hopkins stated that he had reviewed the information and did not know what else the Council could do but approve the ordinance. He further stated that lie would like for staff to update the Council in a few months and perhaps the rates could be lowered at that ti-.i. Nelson responded that staff would be reviewing the rates on a monthly basis. In April, staff would be looking at the summer fuel adjustment charges and would present a report to Council at that time. The following ordinance was presented: NO. 84-135 AN ORDINANCE ESTABLISHING RATES, CHARGES, FEES, DEPOSITS, BILLINGS AND PROCEDCRES FOR PROVIDING ELECTRICAL SERVICES BY THE CITY TO ITS CUSTOMERS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger mction, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Riddles perger "aye," Chew "aye," and Mayor Stewart "aye." Kotion carried unanimously. F. The Council considered adoption of an ordinance repealing Articles III and IV of Chapter 2i of the Code of Ordinances; enacting a new Article Iii of Chapter 25 of the Code of Ordinances to provic'., for the establishing of rates, charges, fees, deposits, billings and procedures for providing wat^r and sewer service by ordinance; and declaring an effective Iatc. Bob Nelson, Director of Utilities, reported this was the same procedure as before so as to take the fees out of the Code of Ordinance so they would not have to be codified. The following ordinance was presented: Y0. 84-136 AN ORDIN.ANCF REPEALING AkTICLE III amd IV OF CHAPT4R 25 OF THE CODE 0Y ORDINANCES; ENACTING A NEW ARTICLE III OF CHAPTEk 1; OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ESTABLISHING OF RATES, CHARGES, FEES, DEPOSITS, FILLINGS AND PROCEDURES FOR PROVIDING WATER AND SEWER SERilCE BY ORDI.ANCE; AND OEC%ARING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stepnens "aye," Riddlesperger "aye," Cnew "aye," and Mayor Stewart "aye." Motion carried • unanimously. I •^.i 71, City of Denton City Council Minutes Meeting of October 16, 1984 Page Fifteen G. The Council considered adoption of an ordinance establishing rates, charges, fees, deposits, billings and procedures for providing water and sewer services by the city to its customers; providing for a severability clause; and providing for an effective date. Bob Nelson, Director of Utilities, reported that this ordinance essentially addressed water revenues. Only minor changes had been made to the ordinance, The following ordinance was presented: NO. BJ-137 AN ORDINANCE ESTABLISHING RATES, CHARGES, FEES. DEPOSITS, BILLINGS AND PROCEDURES FUR PROVIDING WATER AND SEEK SERVICES BY THE CITY TO ITS CUSTOMERS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Riddlesperger second to adopt the ordinance. On roll tail vote, McAdams "aye," Hopkins "aye," Stephens "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 7. Tne Council considered approval of final payoRent for the Lillian Miller Parkway (Ridgeway Drive) pavin and drainage improvements in the amount of $85,894.69 (Bid 1 9209 . Assistant City Manager Rick Svehla reported the project was completed. There was an over-run on the time due to field requirements; however, the over-run was less than 21 which was not unusual on a project of this sire. Council Member Riddlesperger asked if a lette- had oern forwarded to the State Highway Department regarding maintenance. Svehl responded yes. Riddlesperger motio,t, 'acAdams second to approve the final payment on Bid 1 9209. Motion carried unanimously. 8. The Council held a discussion of the overrun on toe H..ndi- Hop contract. %Is. Roberto Donsbacn, Director of SPAS, reported that Handi-Hop was begun as a pilot program 3 years ago. During the first 2 .ears, everything had gone very smoothly and SPAN had even been able to return money to the city. During the last budget, $16,000 had been requested and $12,UOO was approved. Her agency had contracted with a local taxi company to serve their patrons for late hours and we0!nds when the Handi-Hop did not run. Iii mid-September her office had received a bill for August taxi usage and there were not sufficio!%i funds available to pay. Council Member Stephens asked what had been the recommendation of the Human Resouices Committee. City Manager Chris Hartung reported that the committee had not formally met on this item. The next scheduled meeting was November 1. Staff was bringing this item before the Council because of the ima-diate nature of the problem. Acting City Attorney Joe Morris stated that the Texas constitution stated that power was not granted to cities to pay extra compensation for services which had already been provided. T:s consensus of the Council was to help as was possible within legal bounds. City of Denton City Council Minutes Meeting of October lb, 1984 Page Sixteen 9, There was no official action on Executive Session items of legal matters, real estate, personnel, or board appointments. 10. No items of new business were suggested by Council Members for future agendas. The Council then reconvened into the Executive Session to discuss legal matters, real estate, personnel, and boar. appointments. No official action was taken. With no further ite:., of busiress, the meeting was adjourned. Wr-CRi U. TE , LHAALOTTE RETAAY lbl7k City council minutes October 23, 1984 The Council convened into the Special Called Meeting at 5:00 p.m. in • the Cou"tcil Chambers. k.'ESENT: Mayor Stewart; Council Membecs Alford,• Hopkins, McAdams, Riddlesperger, and Stepnens (-ity Manager, Acting City Attorney and City Secretary ABSENT: Mayor Pro Tem Chew 1. the Council considered removing zoning case Z-1682 from the table. Hopkins motion, McAdams second to remove Z-1682 from the table. Motion carried unanimously. 2. rae Council considered adoption of an ordinance approving a change in zoning from the single family (SF-10 and SF-16) zcning classifications to the planned development U D) classification on an 83.2 acre tract located on the east and west sides of Lillian Miller Parkway be inning approximately 1,000 feet south of interstate 35-6• 2-1632 Deni:.e Spivey, Development Review Planner, reported that two ordinances nad been placed in tt:e agenda back-up materials in relation to this zoning case. one ordinance specified that the development west of Lillian Miller Parkway should be for attached housing and the other ordinance specified that the area should be for detached housing. The ordinan:a specifying attached housing was based on what Spivey thought was the motion of the Council at a previous meeting on the zoning petition. After reviewing the recording of the proceedings, the :notion as made by council Member Stephens for detached housing. . Council Member AcAdams asked if this change was it sajor one and should the petition be referred back to the Planning and Zoning Conmiasion. Mayor Pro Tem Cnev joined the meeting. Aging City Attorney Joe Mores asked Spivey if the hearing before the PSI was for the west portion of the development to be attached or detached housing. Spivey responded attached. Morris asked if the petition, is reviewed by Planning and Zoning, specified lot size. Spivey replied the PSZ considered density factors and not lot sizes. This portion was 9.4 acres in size with a density of 4.3 units per acre. Morris asked if the site plan would cnange. Spivey responded not the density would not be affected by a change from attacned to detached. fne type of dwelling would change out not the density. Council Member ;4cAdams stated the original discussion had been in detail regarding the connection of garages, fences and walls in this portion of the total development. Council Member Stephens motion had been that fences would still be attached. :he confusion may have come from differentiating between fences and walls. Council Member Riddlespergec stated that in the discussion of attacned mousing he was not thinking about common garages but rather walls Letaaen the units. City of Denton City Council Minutes Meeting of Octooor 23, 1984 Page Two tie following ordinance was presented! NO. 84-138 AN ORDINANCE AMENDING THE ZONING MAP 0? THE CITY Of DENTON, 'TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO 'rmE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID .MAP APPLIES TO APPROXIMATELY 83.2 ACRES OF LAND SITUATED IN THE JOHN MCGOWAN SURVEY, ABSTRACT N0. 797, DE4rON COUNTY, 'TEXAS AND LOCATED ON THE EAST AND WEST SIDES OF LILLIAN MILLER PARKWAY BEGINNING APPROXIMATELY 1000 FEET SOUTH OF INTERSTATE HIGHWAY 35E, TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM SINGLE FAMILY 4SF-10' AND 'SF-16' DISTRICT CL'ASSIFIC'ATION AND USE 'TO PLANNED DEVELOPMENT `PD' CLASSIFICATION AND USE FOR SAID PROPER'rf; AND DECLARING AN EFFECTIVE DATE. aiddlespecger motion, Cnew second to adopt the ordinance. Council 14ember Stephens stated that nis opposition was to attached garages and accr,sory buildings, not fences. Council Member Hopkins stated tnat ne nad understood the previous motion to oe exactly as it was written in the original ord.narcet the dwellings world be detached out could have commun fences between the garages. Council Member Stephens stated that his motion was for detached housing oecause he did not feel common walls between the unitF was appropriate. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' r., Alford 'aye,' Riddlesperger 'aye,' Cnew 'aye,' and mayor Stewart 'aye.' Motion carried unanimously. 4Ltn no fuctaer items o business, the meeting was adjourned. RICHARD 0. SrEdART, MAYOR CHARLOrTE ALLEN, :TTY SECRETARY t • 0559] City Council Minutes October 30, 1984 • The Council convened into the Work Session at 5:00 p.m. in the Civil Defense Room, PRESENT: Mayor Stewart; Mayor Pro Teo Chew; Council Members Alford, Hopkins, McAdams, Riddlesperger, and Stephens City Manager, Acting City Attorney and City Secretary ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters, real estate, personnel, and board appointments. No official action was taken, The Council convened into tine Special Called Meeting at ':00 r-it. in the Civil Defense Room, City Manager Chris Hartung asked to have items 7, 8 and 9 moved forward in the agenda order to accommodate staff members who had to attend another meeting on transportation, 7. The Council received a report and considered approval of further action on Airport development. Bill Angelo, Assistant to the Director of Public Works, reported that during the last month the city had received requests from two different companies who desired to le:,ise lard at the airport. Unlike previous contracts, 0ese firms wanted to lease small parcels of property with options on additional tract with the intent of building hangars and office space end then subleasing the facilities to third parties. This approach to development seemed to be extremely feasible and appropriate; however, the staff was concerned about the long range implications of this approach. The primary area of concern was less of control by the city over who and what operated at the airport. It would be difficult for the city to deny a sublease without subs#antial justification. It would also be extremely difficult :c impose and enforce airport operating standards as a third party to a sublease. Additionally, :t woul? be difficult to assure that the ci,y obtained its share of hanger rentals and fuel flowage fees from the tenants without direct control of the leases. The City Attorney's office had also voiced concern regarding the liability of the city, as the potential `or litigation under this system would be great, Finally, the FAA was concerned about potential violations relative to ex' sting ,rant agreement if the city did not contro the leases at the airport, In addition to the private developer al :h, alternative avenues for aevelopmeni of the airpei*t included rt i ng prospective tenants to finance and construct their own facilities o: the city financing and con!tructing the facili►ies and leasing the project to the tenant. In the past the tenant financing approach had proven to be ineffective as it was difficult for an individual fira to obtain financing under the conditioes the city offered. The mos: feasible apDproach had been for the city to construct the facility and lease tfie property and improvements to the tenants at a price which would recover the costs and produce a small return to the city. The Airport Advisory 9oard felt the city should act as the primary developer of the airport and did not feel that it would be appropxriate to lease to developers who could construct facilities for the purposes of subleasing to other businesses. The consensus of the Council was that the city look at various methods for financing development at the airport without subleasing. 8. The Council considereG approval of a tentative selection of a consultant for the Airport Master Plan update, Bill Angelo, Assistant to the Uirectot of Public Works, reported that the staff had been evaluating proposals from three consulting firms for an update to the Airport Master Plan, Responses from the city's request for proposal had been received Prim Shimek, Jacobs City of Denton City Council Minutes Meeting of October 30, 1984 Page Two • and Finklea Consulting Engineers, Charles Willis and Associates and Eovironmental Services and Engineering, inc. A staff Consultant Selection Committee had reviewed the documents and had discussed t.ieir findings with representatives of the FAA. It was felt to be to the city's advantage to select Charles Willis and Associates due to the fact that the firm had much more experience with these tyres of studies on Texas airports as well as airports in the immediate vicinity, As a result of this experience, Charles Willis and Associates was more familiar with FAA and TAC personnel in this region which would facilitate the study. Hopkins motion, Stephens second to approve the selection of t.aarles Hillis and Associates a$ the consultant for the Airport Master Plan update with the idea that the City Attorney be involved in any pertinent matters that would affect the city's long range plans for the airport. Motion carried unanimously. 9. The Council considered aurnorizing the staff to submit an application for Federal assistance for the Airport Master Plan update. Bill Angelo, Assistant to the Director of Public Works, reported that funds had boen set aside by the FAA for the master plan update for this fiscal year. Now that a tentative selection had been made on the consultant, the staff could begin preparation of the formal grant r, pplication fcr leder.I issistince. Traditionally staff had asked Eor authoritatio.N -rot the Council to submit such an application prior to the docuaent being formally submitted to the FAA. This authorization did not constitute any obligation on the part of the city to supply matching funds. Those obligations occurred only if the city chose to accept the grant offer and award a contract to the consultant. Stephens motion, Hopkins second to authorize staft to submit an application for Federal assistance for the Airport }taster Plan update. Motion carried unanimously. The Council Den returned to the regular agenda order. 1. Tne Council considered approval of the Minutes of the Regular sleetiug of August 21, 1984. Council Member Stephens asked that a correction by made on page 14, item 9 in the second paragraph to have to retard show the property had been leased since 1979. Council Member Riddlesperger asked that a correction by made on page 7 which showed an incorrect unanimous roil call vote. Stephens motion, McAdams second to approve the Minutes +iith the noted corrections. Motion carrt:pd unanimously. 2. Consent Agenda Council Member Stephens askei that item 2.C.9 be removed from the Consent Agenda. Council Member Stephens stated that tht back up material for this item should read as SF-le tuning. Hopkins motion, McAdams second to approve section C of the Consent Agenda. Motion ca:ried unanimously. • Tne following ordinance was presented for section A of the Consent Agenda: City of Denton City Council Minutes Meeting of October 30, 1984 Page Three • NO. 84-139 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE Or FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger motion, McAdams second to adopt the ordinance. On roll call vote McAdams "aye", Hopkins "aye", Stepheni "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stewart "aye". Motion carried unanimously. The following ordinance was presented for section B of the Consent Agenda: N0. 84-140 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUIIDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF Sr.ATE LAW EXDIPTING SUCH PURCHASES FROM REQUIRDIENTS OF COMPETITIVE BIDS; AND PROViDIP G FOR AN EFFECTIVE DATE. dopkins motion, McAdams second to adopt the ordinance. On roll call vote McAdams "aye", Hopkins "aye", Stephens "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stewart "aye". Motion carried unanimously. Consent Agenda: A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefore; and providing for an effective date. 1. Bid 1 9347 - Library security detection system 2. Bid 1 92,16 - Refuse containers B. Consider odoption of an ordinance providing for the expenditure of tends for emergency purchases of mate ials, equipment, supplies or services in accr dance with the provisions of state law exempting such purchases from requirements of competitive bids; and I :viding for an effective date. 1. Purchase Order 1 04108A to Hewlett Packard in the amuunt of $7,6!1.00 1. Purchase Order 1 65357 to Eaco Elevators in the amount of $3,144.00. 3. Purchase Order 1 65359 to Xerox Corporation In the amount of $1,092.84. 4. Purchase Order 1 65488 to J. S. Equipment Company in the amount of $3,676.12. S. Purchase Order 1 65701 to Computer Associates International Incorporv ed in the amount of $8,460.00 U. Purchase Order 1 65701 to ITT Courier to the amount of $73,296.00 C. Plats and Replats: 1. Consider approval of preliminary replat of the Blount Addition, Lot 7, Block B (Watley Addition). (The Planning and Zoning Commission recommends approval.) City of Denton City Council Minutes Meeting of October 30, 1984 Page Four S 2. Consider approval of preliminary and final replat of the Bolton Addition, Lot 4-R . (The Planning and Zoning Commission recommends approval.) 3. Consider approval of preliminary and final replat of the Carroll Pirk Addition, Lot 5, Block 7. (The Planning and Zoning Commission recommends approval.) 4. Consider approval of preliminary plat of the Compton Addition. (The Planning and Zoning Co!rmission recommends approval.) 5. Consider approval of preliminary plat cf Cooper Landing, Section III, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 6, Consider approval of preliminary plat of Dallas Drive Office Plaza (Alexander Hill Survey, Abstract 623). (The Planning and Zo ing Commission recommends approval.) 7. Consider approval of preliminary and final replat of the industrial School Addition. (The Planning and Zoning Commission recommends approval.) R. Consider approval of preliminary plat of the JVS Addition. (Titre Planning and Zoning Commission recommends approval.) 9. Consider approval of preliminary plat of the Northwood Estates Addition, 10th Installment. (The Planning and Zoning Commission recommends approval.) 10. Consider approval of preliminary plat of the Royal Acres Addition, Section 7. (Lte Planning and Zoning Commission recommends app-oval.) ll. Consider approval of preliminary plat of thr Royal Inn Addition, Lot 1, Block 1. (The Planning and .oning Commission recommends approval.) 11. Consider approval of preliminary plat of Mill Run Appartments Addition, Phase tI, Block 1, Lot 2. k he Planning and Zoning Commission recommends approval.) 3. Ordinances: A. The Council considered adoption of an ordinance setting fite inspection and permit fees as provided for by Article 1, Chapter 10 of ordinances of t,te City of Denton, Texas; repealing all ordinances in conflict. This item had been previously discussed by the Council. The following ordinance 4as presented; NO. 84.141 AN ORDINANCE OF THE CITY 117 DENTON, TEXAS SETTING INSPECTION AND PERMIT FEES AS Y'%v..DED FOR BY ARTICLE 1, CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes Meeting of October 30, 1984 Page Five Riddlespetger motion, McAdams second to adopt the ordinance with the agreement that the program would be reviewed in 3 or 4 months. On roll call vote McAdams "aye," Hopkins "aye," Stephens "naY. " Alford "aye," , a RiddlesperBec "aye," Chew "naY and Mayor Stewart a!e.~ Mot u.. carried 5 to with Council Member Stephens and Mayor Pro Tem Chew :sting the "nay" votes. 8. The Council considered adoption of an ordinance approving an oversizing agreement with Northwood Estates, 9th installation (Checkmate Development). David Har., Assistant Director of Utilities, reported that items H and C were both for oversizing requested by Northwood Estates. Maps were provided in the agenda >ack•up materials from the Hogan and Rasor study showing the lines sizes for transmission necessary to serve the city until the year 2000. Staff was requesting the Council approve the city's participation in the oversizing. The developer required an 8 inch line and staff was asking for the installation of a 12 inch line. On this item (3.8) the city's portion of the participation would be approximately $5,950 and on the second item (30 the city's portion would be approximately $1,388. The cost variation was due to the difference n the length of the line. The following ordinance was presented: NO. 84-141 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING OVERSI.'E A'.4TERLINE FACILITIES; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING • FOR AN EFFECTIVE DATE. Hopkins motion, Riddlesperger second to adopt the ordinance. Mayor Stewart asked about the status of the Public utility Commission's study on participation in oversizing for development. City Manager Hartung responded that it wouli be a while before the PUC had completed the study, the city would operate under its current pa:icy until the PUC study was complete. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Cnew "aye," and `favor Stewart "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance approving an oversizing agreement with Nortnwood Estates, 10th installation (Checkmate Development). The following ordinance was presented: NO. 84.143 AN ORDINANCE APPROVING A CONTRACT FUR THS CITY'S PARTICIPATION IN THE COST OF INSTALLING OVERSIZE WATERLINE FACILITIES- AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPRM ING fHE EXPENDITURE OF FUNDS 'THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. Stephens motion, McAdams second to adopt the ordinance. On roll Cali vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving a contract with Hogan and Rasor for high service pumpial stations Improvements • northwest area. City of Denton City Council Minutes Meeting of October 30, 1984 Page Six David Ham, Assistant Director of Utilities, teported that this request was in response to a water pressure situation in the northwest portion of the city. Low pressure was due to the elevation in the west;ate Hospital and Ranch Estates area. The ordinance was far approval of a contract in the amount of $17,000 with Hogan any Rasor to design a pump to be lo:ated at McKenna Park t. increase the water pressure. The increased pressure would alleviate any fire protection problems. Aftet the contract for the design was completed, it was estimated that the equipment necessary to install the pumping station improvements would be in the neighborhood of $220,000. Council Membar Hopkins stated tnat a new water/wastewater treatment plant was slued for this area. Would these high service pumping station improvements be compatible with the new water/wastew.iter system. Ham responded tnat when the the system went on line, these pumping station improvements might not be required in this area but that they could be moved. Council Memi)er Riddlesperger asked if the new waterrwastewater treatment plant would be located in this quadrant or near Lake Ray Roberts. Hamm replied that was still being researched. This particular request was an interim measure. Tae following ordinance was presented: NO. 84.144 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND HOGAN AND RASOR FOR PLANNING AND ENGINEERING SERVICES FOR THE DESIGN AND DEVELOPM£Nr OF HIGH SERVICE PUMPING STATION IMPROVE- MENTS FOR SERVICE TO rHE NORTHWEST AREA IN THE CITY, AND PROVIDING FOR AN SFPECTIVE DATE. Hopkins motion, Alford second to adopt the ordinance, On roll call vote McAdams "aye," Hopkins "ale," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye,' and Mayor Stewart "a:e." Motion carried unanimously. Council Meaber Stephens left the meeting. E. The Council considered adoption 3f an ordlnance approving a contract with Black and Veatch for engineering services relating to Federal Energy Regulatory Commission (FERC) construction license for Let41sville hydroelectric projects. City Mana;er Chris Hattung reported that this was a continuation of an existing contri.et. The following ordinance was presented: NO, 84.145 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BLACK 6 VEATCH CONSULTING ENGINEERS FOR ENGINEERING SERVICES RE- LATING TO FEDERAL ENERGY REGULATORI COMMISSION (FERC; CONSTRUCTION LICENSE FOR LEWISVILLE HYDROELECTRIC PROJECTS, AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Alford second to adopt the ordinance. On roll call • -rote, McAdams "aye," Hopkins "aye," Alford "aye," ion leirerled "aye," Chew "ayeand Mayor Stewart "aye." unanimously. City of Denton City council minutes meeting of October 30, :984 Page Seven • F. Tne Council considered adoption of an ordinance annualimembershipeduesdinuthe TexasuMunicipalhLeaguer of Penton for eity had been budgeted, t',at this was an anr,val Tne following ordinance was presented: NO. 84-146 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CIT1 OF )ENrON FOR ANNUAL MEMBERSHIP DUES IN THE TEXAS LEAGUE MUNICIPAL APPROVING FOR AN EFFTHE ECTIVE DATE. OF FUNDS THEREFORE; ANU PROVIDING Alford motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams "aY a,nd H Maor Stewartlf"aye"aYe'Motionlecarriied aye, 11 Chen "aye." 1 .unanimously. G. The l:ouncII considered adoption of an ordinance of for authorizing the expenditure of funds by the City annual servic^ fee for membership in the Public Power Association. Public memberhirp duys r Eorg the reported hDentoni for the City annual Manager Power Association. funds had been budgeted for the expenditure. the following ordinance was presented: N0. 84-141 • AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON FOR ANNUAL SERVICE FEE FOR MEMBERSHIP IN THE Pl'BLIC POWER ASSOCIATION AND APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE D.A'F. Riddlesperger Chew mmcAdams Al ayes„eHopkins "aye" tAlfordt "aance. On rs.il call vote, "aie," Cne.i "aye," and Mayor Steuart "aye." Motion carried untnIriousIy. H. The Council considered adoption of an ordinance in funsis uNorthbvCenthe tral i Texas Council fof antual auihorit-ng expenliture of Governments. I for the th Central membership sdueHarrung s fur the City tf that in in the tNorwas, city annual Manager Texas Council of Governments. Funcs had been budgeted for the expenditure. The following ordinance was presented: NO. 44.148 AN ORDINANCE AUTHOR12ING THE EXPENDITURE OF FUNDS BY THE CITY OF FOR DUES FOR MEMIP IS CENTRAL TEXASNCOUNCILhOFLGOVERN'MENTS; ANDSPROVIDINGEFORRAN EFFECTIVE DATE. Riddlesperger motion, "opkins jeu:nd to adopt the ordinance. On roll call Vote, Kcn.ams "aye," Hopkins "aye," Alford "aye," Riddlesperger "aye," Cnew "ayeand Mayor Stewart 'aye." Mot ton • carried unanimously. City of Denton city council Minutes Meeting of October $0, 1984 Page Eight I, ;ile Council considered adoption of an ordinance approving an agreement between the City of Denton and Public Technology, Inc. ivr a Fire Master System and providing for the expenditure of funds. City Manager Chris Hartung reported that all city departments were being encouraged o inalyze their operations. nlocatd bees approved for a a-,. fire station and an appropriate ion program etc. which ~eing looked sat gmany Technolog, Inc. l Council Member Stephens joined the merting. Hartung continued that Denton was experiencing very rapid grow~h and staff was looking at the whole fire protection system in the city. The Fire Master System looked not only at location, but at manning the station, etc. %hile the system was not inexpensive, it would be more cost effective to take the time and examine all of the variables before construction of a fire station facility. Council 4ember Stephens asked why Fire Chief Gentry and his staff could not provide the same information as they knew the city better. w;Master ulcl have System to collect oandtlsort srhe and Hartu the respoi,ded that Department hstaffFire same information manually. Staff could not do this task to the same extent that the computer program could. Chief Gentry would be involved in the program. computer program was In Fire Chief cJack ity could Gentry asstated at over that the years. place, the • Council 4ember Hopkins asked if the computer program would keep historical data. Gentry responded yes. Council Aemoer Stephens asked Chief Gentry if he concurred with the recommendation for the system. Gentr, responded yes. The following ordinance was presented; NO, 84-149 AN ORDINANCE APPROVING AN AGREDIENT BETWEEN THE CITY OF DENTON ANU PUBLIC TECHNOLOGY, INC. FOR A FIRE WASTER URE OF FUNDS THEREFORE; TPROVIDING F AN FOR THE EFFECTIVE DATE. AND PROVIDING McAdams motion, Chew second to adopt the ordinance. On roll call vote McAdams "aye," Hopkins "ayes' Stephens ay!," Alford "aye," "aye," Chew "aye," and Mayor Stewart "Aye." Motion carried unanimously. 4, Resolutions A. The Council considered approval of a resolution approving the preliminary plat of the Tri-Steel Headquarters Addition, lot 1, block 1. Harry PAesaud, Development Review Planner, reported that this particular parcel was a 5 acre tract located north of University Boulevard. On octcber 16 t*e City Council reached a consensus to begin annexation proceedings on this property- however, at the present time, the tract was outside the city limits. The current procedure was that preliminary plats were brought before the Council. The development would have an 8 inch water line and perimeter paving on the frontage. City of Denton City Council Minutes Meeting of Jctober 30, 1904 Page Nine The following resolution was presented: R E S 0 L U 'r I O N WHEREAS, a preliminary pplat has been filed with the Planning and Zoning Commission of tAe City of Denton, Texas, seeking approval of Lot 1, Block 1 of the Tri•Steel Headquarters Addition; and W)iEREAS, the area contained in the proposed preliminary plat is I;cated within the extraterritorial platting jurisdiction of the City of Denton and a recommendation for annexation is pending before the City Council; and WHEREAS, Article 21(8) of Appendix B to the Code of ordinances of the City of Denton prohibits the Planning and Zoning Commission from approving any plat within any area where a recommendation for annexation is pending before the City Council unless and until such plat shall nave been approved tv the City Council; and WHEREAS, the City Council finds that the proposed plat meets with the generai rules and regulations governing plats and subdivisions of land falling within the jurisdiction o the City; NOW, THEREFORE bE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON. TEXAS: SECTION I. That the preliminary plat of Lot 1, Block 1 of the Tti•Steel Headquarters Addition, attached hereto and incorporated herein by reference, dated August 30, 1984 be and the same is hereby approved. SECTION It. That the preliminary plat approved herein be referred back to the Planning and :oning Commission for such action as the Co,nmission deems appropriate. PASSED AND APPROVED this 30th day of October. 1991. K I C HAK U V. 3Z Eyf,SAT TY17fi CITY OF DENTON, TEXAS ATTEST: (MAKLUilb ALLEN, ~i UICY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON* TEXAS BY: McAdams motion, Hopkins second that the resolution bo approved. On roll call vote, McAdams "aye," Hopkins ,"aye," Stephens "aye," Alford "aye,' Riddlesperger "aye," Ct.ew "aye" and Mayor Stewart "aye." 'lotion carried unanimously. B. The Council considered apptoyi I of a resolution amending certain City of Denton personnel policies. Kathryn Usrey, Director of Personnel, reported that staff was introducing 7 new policies which were very straight forward and non- ~I City of Denton City Council Minutes Meeting of October 30, 1984 Pago Ten . controversial. Council cozld take actiun to approve, table, or ask * staff to bring the policies back at another meeting, Usrey gave a brief synopsis of each policy: outside employment - the City of Denton wuuid be the primary employer but employees were free to hold other jobs in addition to their city employment fingerprinting - all employees will be fingerprinted payroll deductions this policy categorised the various payroll deductions drivers license - all city employees operating city equipment must have an appropriate Texas commercial drivers license citizenship - all city employees must be a United States citizen or a legal alien age - all full time city employees must be 18 years of age; seasonal employees must be 16 years of age nepotism - denoted the charter provisions regarding nepotism Council Member Hopkins asked if the City Attorney's office had reviewed the policies. Usrey responded yes. The following resolution was presented: R E S O L U T 1 0 N WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented proposed policies regarding employee rules and regulations for the Council's consideration; ani WHEREAS, the City Council desires to adopt such policies as official policies regarding e.aployment with the City; No%', THEREFORE, BE IT RcSOLYED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The following policies, attached hereto and race a part hereof, are hereby adopted as official policie. of the City of Denton, Texas: Citizenship 4 Social Security Number (Reference No. 102.02) Ainimum Age (Reference No. 102.03) Texas Drivers Licenses 5 Driving Recoris (Reference No. 101.06) Nepotism (Reference No. 102.08) Fingerprinting (Reference No. 102.09) Payroll Deductions (Reference No. 106.03) Outside Employment (Reference No. 108.09) S_ECT10N 11. The foregoing policies are attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. . SECTION lli. Tne Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, are hereby City of Denton City Council Minutes Meetlnq of October 30, 1984 Page Eleven • rescinded to the extent they conflict with the foregoing poI!cies and any administrative pr)cedures and directives issued under the authority of the City Manager Implementing the policies ❑ereby adopted. SECTION IV. This Resolution shall be effective from and after its date of passage and approval. PASSED AND APPROVED this the 40th day of October, 1984. KILHARTf-U-7571KI, MAYOR CITY OF DENTON, TEXAS ATTEST: CAXKL , , LILI T CITY OF DENTON, TEXAS APPROVED AS fO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY; McAdams motion, Riddlespeger second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stew,. _ "aye." Motion carried unanimously. • C. The Council considered approval of a resolution concerning the relocation of overhead utility equipment and facilities in accordance witli the Capital improvements Program. David Ham, Assistant Director of Utilities, reported that the Elec'eic Department was pr,paring to relocate the utilities on the downtown square. The utilities were being placrd underground and staff hoped to have a joint effort with the cable television and telephone coapany in seeing that all such utilities at the square were relocated underground to enhance the over-all appearance. Council Member Alford left the meeting. The :ollowing resolution was presented: R E S O L U T 1 O N A RESOLUTION CONCERNING THE RELOCATION OF OVERHEAD UTILITY EQUIPMENT AND FACILITIES IN AC.,uRDANCE WITH THE CAPITAL IMPROVEMENT PRJGRAk"I. WHEdEAS, the City's five year capital i%provement program provides for the relocation of overhead utility equipment and iacllities to an underground system on Cedar, Walnut, Pe.an and Austin Streets during the next three years; and WHEREAS, such relocation would improve the appearance of the "Downtown Square" aei promote the renovation of individual properties; and WHEREAS, the relocation of the utility equipment and facilities would requ re the cooperation and participation of . General Telephone Comp,.ny and Golden Triangle Communications; NOW, THERF;OAE, BE IT RESOLVED BY THE COUNCIL (%i THE CITY OF DENTON, TEXAS: City of Denton City Council Minutes Meeting of October 30, 1984 Page Twelve • SECTION I. That the City of Denton, General Telephone Company ind Golden Triangle Sommunications, shell cooperate and participate to effectuate to relocation of existing overhead utility equipment and facilities on Cedar, Walnut, Pecan and Austin Ecieet, to an naderground utility system within three years in accordance with the City's five year capital improvement program. PASSED AND APPROVED this 30th day of October, 1984. 11MkPV 0. , 9 W ATTEST: Z'RAALa1"fE-= , CI TI S"ECRFfM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS B Y. Riddlesperger motion, McAdams second that the resolution be , pproved, Council Member Hopkins asked how lung this project had been in the Capital Improvements Progras. . City Manager Chris Hattung responded S or 5 years. Council Member Hopkins asked if Director of Utilities Beb Nelson had not stated that much of the utility equipment on the square needed to be replaced. This seemed like a tremendous expense. Council Member Alford joined the meeting. Council Member Hopkins stated that he would like for the city to wait and see if the other utilities, such as the cable television company ani telephone company, would fartic'pate. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "a)e," Chew "aye," ind Mayor Stewart "aye." Motion carried unanimously. S. The Council considered approval of pro rata agreement with Roffino•Walters Inc. for a 6 inch water line at lot 9, block 4, College Addition West Prairie Street). David Ham, Assistant Director of Utilities, reported that agenda items S and 6 were almost identical. This item vas 'or a pro rata agreement on West Prairie and item 6 for was a pro rata agreement on Chestnut. Staff was seeing more and more that developers 4ere takind properties on older streets in the city end the water lines could not handle the increased demand. Staff was requiring developers to provide idequate services and these was no cost to the city. Hopkins motion, McAdams second to approve the pro rata agreement. Motion carried unanimously. 6. Tne Council considered approval of a pro rata agreement • with Roffino•Waiters, Inc. for a 6 inch water line at lot 1, block It College Addition (Chestnut Street). Hopkins motion, Stephens second to approve the pro rata agreement. Motion carried unanimously. City of Denton City Council Minutes Meeting of October 30, 1984 Page Thirteen • 10. The Council considered approval of the 1984 City of Denton tax rolls. City Manager Chris Hartung reported that this was a routine rime. The tax rolls had been prepared by City Tax Assessor Hugh Mi►vn and nad been available for review during the last week. McAdams motion, Riddlesperger second to approve the 1984 tax rolls. Motion carried u ntzously. 11. The Council considered calling a street bond election. City Manager Chris Hartung stated that A.siistant City !tanager Ri,:k Svenla and Director of Finance John ?icGrane were prepared io present the report, Assistant City ,Manag:r Rick Svehla reported that staff had look at two alternative bond packages - on9 fur less than $10 million and one for over $10 million. There were approaimatey 45 miles of streets within the city limits which needed attention. Council Member McAdams stated that 110 million would not accomplish what the last bond proposal would have done due to the fact that the price of material keit increasing. Mayor Stewurt asked if material costs had leyelaa off. Svehla responded that costs had leveled off somewhat d1jr?ng the last year to year and a half. Jagee Public had stated that they would receive the most current price increase information from the refineries during the next month. Prices were increasing but not as much as they nad in the past. e Council Member Stephrn• stated that the Cnamber of Commerce Transportation Committee ha.d met and were willing to assist the city in any way. Committee members had raised the question of the tiring of the election. Stephens then stated that he would like to hear from the Executive Director of the Chamber who was present at the meeting. %it. Chuck Carpenter, Executive Director of the Denton Chamber of Commerce, stated that the Transportation Committee had never taken a position but would make an affirmat!ve recommendation to the Chamber Hoard of Director:k to support the fond election. Tho Chamber felt very strongly about the need for this street progr.tm and would assist In organizing citizens to help sell the election. The primary concer.t new was the timing of the election. Mr. Keith App]eton, Chairperson of the Chamber Transportation Committee, +tating that another c..ncern with selling the bond election was that there m+-st be a prod,ict to sell to the public. This would take tine to pull together which would be a problem if the election were held In S %~ieks. Council Member Stephens asked Mr. Appleton whether the transportation committee felt the bond election should be for the full amount required to repast the streets or a partial amount. Should the ballot reflect only general information or specifics. Mr. Appl•:on stated that is he Council earmarked a specific number of dollars for repair and ~:;or.structaon, it would be very hard to sap? the package if the amount did not take care of all of the streets. the streets were going to be an on-going pro'Diem and those repaired with oond money would need additional repairs again in 4 1 ears. . Council Member Hopkins stated that the bonds would not be the only sources of income for street improvements, This project should b a viable part o: the annual city operating budget. h e.-,.z:x, • City of Denton City Council Minutes Meeting of October 30, 1984 Page Fourteen Mr. Appleton stated that there were still many unanswered questions and he did not feel the committee could pull together a sellable program in time for a December election. Mayor Stewart stated that the Council for 2 years had looked at a combination of new funds committed to the streets in conjunction with bond monies. Council Member Rtddlesperger stated that the plan vas to rebuild the streets with a combination of "pay as you go" and bonds. The Covicil and the staff had anticipated the growth of the city and the bonds would let those who would move to Denton in the future help to pay for the streets. Council Member Hopkins stated that a "pay as you go" program would also accomplish this and the street program should be increased each year in the budget. Mr. Appleton stated that he thought 'hat would be great but was concerned about whether that idea could be conveyed to the public prior to a December electior. Council Member Hopkins stated that actual repairs could no, he started until the spring. City Manager Hartung stated that a malor street reconstruction yroject world require design work, etc. after the bond election was held. This would have the elfect of delaying the actual repair work. Council Member Stephens stated that all of the Council was in favor of the street bond election but there was a need to work together with citl:en group to sell the idea to the voting public. Stephens then asked Mr. Appleton if he felt a listing by name of the streets to be repair should be included in the election material. Mr. Appleton responded there was not a good answer. If the streets to be repaired were named, those voters who did not live on those particular streets would not vote for the bonds; if the streets were not named, voters would feel they were giving the city a blank check. John McGrane. Director of finance, presented a comparison of debt service and anticipated tax revenues over the next few years in context with the proposed street bond election based on receipt of the bond money by mid-March. Assistant City Vanager 5vehla reported that if the sales tax revenues increased, the city would not lose the "pay as yoi go" capability. Council Member Hopkins asked whu would market the street bond publicly. The people who should not try to sell the bond issue were the City Council. If the Chamber of Commerce could take the responsibility for the marketing of the bond issue, the Council Members would certainly be available to speak to local groups. City Manager Hartung stated that he agreed that the Chamber of Commerce should be the entity to sell the program but the City Council had to positively endorse the idea. Council Member kiddiesperger stated that he believed it was very important that the Council stand united behind the program. Hartung stated that if the election were delayed until after the first of the year, there would be an additional issue of street capacity. • The Council then discussed an election date in February and the formation of a blue ribbon citi:en committee to exeaine the various issues and make recommendations to the Council through the Planning and toning Commission on which street repairs should be included, the amount of the bond election, etc. City of Denton City Council Minutes Meeting of October 30, 1984 Page Fifteen Council Member Hopkins stated that a February election would give the staff additional time to look at how to get through repairs for the entire street system. Council Member Stephens stated that some communities employed consultants using accomplish n this and would like to receive estimates outside firm, of on the cost Council oordinated Member the l schoolsr that a foroufutubre c Luilding. Mr. Appleton stated that a blue ribbon citizen committee would certainly help in getting the street bondgg approved. Commerce ands set Cuptheblue ribbon comeittee. with the Chamberrof stated City Manager Hartung stated that ofstaff would b ringhtecosmendations back to the Council on the types who mig bet serve on the committee. Counril. Committe-Mshould beeu:ilizedtasewellhas other Dentonrcitizenss..rtatlon The consensus lassifications ffore then blue ribbon have committeetbroughtrback c to them at the November 20 meeting. real n estate, personnel, and board appoint ments. legal %Ther was 13. No items of new business were suggested by Council Members for future agendas. ra ^e1eExecua~iive Sboard essionappol ntent iscuss, legal The Council reconvened into al matters real official action was taken, With no further business, the meeting was adjourned. RTCHARD 0. STEW'ART, MAYOR ~ -S'EZR'E'[AA4 • 1619C City council Minutes Novembar 61 1984 The Council convened into the Regular meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stewart: Mayor Pro Tom Chew: Cclncil Members Alford, Hopkins, McAdams and Riddlesperget City Manager, Acting City Attorney and City Secretary ABSENT: Council Member Stephens was serving as an eltction judge for the General Election. 1, Consent Agenda A. 'he Council considered adoption of an ordinance accepting competitive bids. The following ordinance was presented: 140. 84-150 AN ORDINANCE ACCEPT14G COMPETtr1VE BIDS AND A'AARDINU A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SJPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURa OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, Hopkins motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew "aye,' and Mayor Stewart 'aye.' Motion carried unanimously. Consent Agenda: A. 1, aid 1 9352 - Street lights 2. Bid 1 9356 - Printing for Parks and Recreation 2. Public Hearings A. The Council held a public hearing on the petition of J. Daniel Shea requesting a change in zoning from the single family (SF-1) classification to the planned development (PD) classification at 1425 Anna Street. If approved, the planned develcpnent would allow '.he addition of a garage with an apartment overhead at the rear of the lot, t-1618 The Mayor opened the public nearing. Mr. Daniel Shea, the petitioner, spoke in favcr and distributed materials to the Council. Mr. Shea stated that a single family home had beer moved onto the property at 1425 Anna and he was in the profess of remodeling. A zoning change would be required to build the garage. Mr. Snea intended to move into the structure while continuing the remodeling. He projected the cost to remodel the structure to be approximately $30,000 to $40,000. He had conducted a survey of the neighborhood residents regarding the proposed garage apartment and had received favorable responses. There had been no opposition at the second public hearing held by the Planning and Zoning Commission, The staff recommendation for denial had been osked on trying to protect this ulder neighborhood. Due to tht shape of the lot, it would be difficult to nays access to the garage apartment in Keeping witn the other homes in the area, He stated that he was not asking fci something which was not in tune with the neighborhood as there were other rental properties, such as apartments and duplexes, already in place. Mr. Shea concluded by stating that there wau no opposition from the neighborhood at the planning and zoning hearings everyone was completely unopposed to the petition. Council Member Hopkins asked Mr. Shea to point out the other multi- family housing on the overnead projection. r City of Denton City douncll minutes Meeting of Nove,aber 6, 1984 Page Two . , Mr. Shea showed the locations on the map and stated that he wanted to build the garage apartment so as to blend in and become an asset to the neighborhood. Mayor Stewart asked Mr. Shea if he was requesting a curb cut on Carroll Boulevard. Tne Mayor was very much in favor of maintaining Carroll Boulevard as a mover of traffic with a minimum of curt) cuts. Mr. Shea responded not the apartment would face on Anna Street. Mayor Steuart then stated that the duplexes in the neighborhood had been approved of the City Councils however, he had voted against it. Mr. Shea stated that the neighborhood appreciated the petition for the planned development classification instead of multi-family. Council Member Hopkin.a stated that it was not clear in the back-up material in the agenda packet that there was a jot of multi-family and rental property in the neighborhood. Mr. Shea stated that the neighborhood was very congested and generated lots of residential traffic. A parking lot would be provided for the garage apartment to avoid on-street parking by tenants. Council Member McAdams statr, that there seemed to be a contradiction. The neighbors were in favor of the petition because it would be single family but in effect, the planned development would be multi-family. Once granted for one petitioner, the entire neighborhood could become multi-family. Mr. Shea was requesting zuning oased on existing zoning and would add one more multi-family use which would give credance to future multi-family requests. Mr. Shea again stated that he nad spoken with everyone in the neighborhood and had net with no opposition. He intended to live on the property. Mr. Pat Windom spoke in favor stating that ne o'.+ned a duplex located at 1411 and 1413 Anna and there was no logical reason to reject this request. Regarding the statement about maintaining Carroll Boulevard, offices and multi-family units were located up and down Carroll now. He had purchased the duplex in 1968 and was obviously a duplex then. Tne residential atmosphere had been retained. The situation with Mr. Shea's house was that it was sandwiched between duplexes and another single family unit. The house was Deginning to run down and Mr. a ea was working to restore and remodel it. Mr. Windom stated that he could find no reason to believe that Mr. Shea would demolish the neighborhood. Due to the narrow streets, dense housing was out of the question. This was a nice area for students and young couples. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Development Review Planner, reported that 21 reply forms had been mailed with 1 returned in favor and 1 returned in opposition. ;no concern of staff was the precedent which could be set for multi-family encroachment in other sections of the city. Tne Denton Development Guide stated that priority should be given to older existing neighborhoods. The Planning and Zoning Commission had recommended denial of the petition by a vote of 4 to 2. Six votes to approve would be required by the Council to overturn the P62 recommendation. Council Member McAdams asked now many multi-family unite in the neighborhood were legal non-conforming uses. Spivey responded that she did not know. City of Denton City Jouncil Minutes Meeting of November , 1984 Page Three Hopkins motion to approve. Motion died for lack of a second. Chew motion, McAdams second to deny. On roll call vote, McAdams 'aye,' Hopkins 'nay,' Alford 'eye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion to deny carried 5 to 1 with Council Member Hopkins casting the 'nay' vote. Be The Council neld a public heoring on the petition of Homer and Jean Sly requesting historic landmark (H) designation at 113 East Oak Street. The lot was located at the ncrthwest corner of Oak and Oakland Streets. H33 The Mayor opened the public nearing. Mr. Homer Bly, the petitioner, spoke in favor stating that he had been looking at tnis property for 20 years and the noose had been acquired from the Evers estate in July. The structure itself, as well as the Evers family and the time period of construction of the house, were historical. Council Member Hopkins asked what the intentions were for the house. Mr. Sly responded that he hoped to restore the structure as faithfully ds possible and would then consider commercial use as an office. Council Member Riddlesperger stated that he thought this was a tremendous thing t.: do for this particular part of town. Some preservation ahould be done In this area. Council Member McAdams also stated that she hoped this would be the oeginning of other historical preservation In this part of the city. Council Member Hopkins stated that the preservation of the structure • was most appropriate due to its location in the arts district. No one spoke in opposition. The Mayor closed the public hearing. D,nise Spivey, Development Review Planner, reported that 13 reply forms had been mailed with 2 returned in favor and 0 in opposition. The date of construction of the house made it one of the oldest in Denton which could be restored. The Evers family was 3n old and prominent family in Denton. The Evers had lived in this noaae in the 1680's, prior to the construction of their home on Oax Street. Chew motion, McAdams second to approve the petition. Motion carried unanimously. C. The Council held a public hearing on the petition of Robert Holloway Corporation represented by William Dyer, requesting a change in toning from the agricultural (A) classification to the planned development (PD) classification on a 128 acre tract located adjacent and east of FM 428 (Sherman Drive) and adjacent and north of Kings Row and the Cambridge Square Suodlvision. If approved, the PO would permit the following land uses: Single family (SF-10) - 122 units on 43.1 acres located adjacent and north of Kings Row Patio homes - 70 units on 11 acres Duplex - 54 units on 6 acres Single family tletacned - 55 unit.9 on 13.8 acres Fourplex - 108 units on 9 acres Multi-family restricted - 333 units on 18.5 acres Office - on 4.1 acres General retail - on 10 acres Park - on 10 acres 2-1696 City of Denton City Council Minutes Meeting of November 6, 1984 Page Four • The Mayor opened the public heating. Mr. Sill Dyer, project manager for the Holloway Corporation, spoke in favor of the petition stating that the proposed development -was located in the northeastern portion of the city, east of Sherman Drive and adjacent to the Cambridge Square development to the south, The proposed intersection of the extended Loop 288 would also be adjacent. The existing zoning was agricultural and the property was being used as such. The Denton Development Guide recognized this as a moderate activity area. Toe petitioner was requesting the activity center be expanded from 30 to 71 acres. Mr. Dyer gave a slide presentation of the proposed locations of the various requested land uses. He concluded by stating that his firm had worked with the city planners since February. Toe original petition for this property had been denied in May, Meetings had been held with homeowners and he felt the meeting had been very beneficial and the development would be an asset to the entire community. Mayor Stewart asked about the changes which were being requested. Me. Dyer responded that the area.waa now designated as a moderate activity center on Loop 288. Holloway Corporation was requesting the center be expanded from 30 to 71 acres due to the amount of diversity. No one spoke in opposition, The Mayor closed the public hearing. Denise Spivey, Uevelopment Review Planner, reported that 38 reply forms had been mailed with 4 returned in favor and 1 returned in • opposition. Spivey congratulated Mr. Dyer and the Holloway Corporation for their cooperation with the neighbors and staff. Toe size of the moderate activity center had been establisned by the Jesse Coffey zoning case, with a 71 acre size, the activity center would neet the total density available to one developer. Staff was concerned about a precedent not being met for all intersection, especially on Loop 288. Too Planning and Zoning Conmission had recommended approval with d cond.tions. Mayor Stewart asked what effect changing the acti"ity centet from 30 t, 71 acres would have on the planned development wnicn was voted on by the Planning and Zoning Commission. Spivey responded that, if approved, all of the intensity/density would be awarded to this one developer. Council Memuer McAdams asked it that -.could mean snit any future develop."nt would have to be single family. Spivey replied yes. Council Member Hopkins stated that he would like tc congratulate the developer on the patience which had been shown by working with the neighbors. Mayor Stewart stated that ':.ore and more developers were working with the neighbors to solve any problems prior to an appearance before the Planning and Zoning Commission and the City Council. Cnew motion, Riddlesperger second to approve the petition with the conditions atipulatea by the Planning and Zoning Commission. Mot,,n carried unanimously. I • Council Member Alford stated that the development was located in his district and he would like to be kept informed of the progress, City of Denton City Council Minutes Meeting of November 6, 1961 Page Five D. The Council held a public hearing on the petition of • M6B Metal Products, Inc., represented by Randy Smith, requesting a change in zoning from the agricultural (A) classification to the light industrial (LI) classification on a 1.9 acre tract located on the weat side of Bonnie Brae Street, approximately 1,000 feet sauth of Willowwood Street. The tract was more particularly described as 1900 Bennie Brae Street. Z-1699 The Mayor opened the public hearing. Mr. Randy Smith, representing M&B Metal Products, Inc., spore in favor of the petition stating that he had oeen in the Denton araa for 16 years and was asking the Council to approve the zoning so th4t he could resume his business. M6B Metal Products manufactured coat hangers and would like to get back into production. A new 180000 square feet building was proposed to be built on the property. Mr. Smith stated that no would work with the city on all that was reasonaole. He planned to put in a model plant with no noise or pollution problems. He concluded by stating that he wished to rebuild the plant and get back to work. Council Member McAdams stated that she had some concerns regarding landscaping and the use of th9 adjacent land, which was residential. No one spoke in opposi .on. The Mayor closed the aw;lic hearing. Denise Spivey, Development Review Planner, reported that 4 reply forms nad Deen mailed witn 0 returned in favor and 0 returned in opposition. This area had Deen annexed in 1981 and the business was in place as a legal non-conforming use. The plant nad been destroyed by fire and the property would have to be rezoned prior to ccnstruction of another manufacturing facility. Tne petition did • not violate the intensity. The property would have to be platted. Hopkins motion, Chew second to approve the petition. Motion carried unanimously. 1. Ordinances A. 'The Council considered adoption of an ordinance approving a contract with Denton County Friends of the Family in the amount of 525,000 to provide emergency shelter and counseling to women and their children who are victims of family violence, to provide counseling to victims of rape and their families, and to provide community education services concerning rape and family violence. David Ellison, Senior Planner, reported that staff did not have anything to add. The Human Resources Advisory Committee had endorsed all of the contracts which appeared on the agenda. Mayor Stewart asked if funds were budgeted. Ellison responded yes, The following ordinance was presented: N0. 84-151 AN ORDINAi:CE APPROVING A FUNDING AGREEMENT dErWEEN rHE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILYI AUTHORIZING 'THE MAYOR 'TO EXBCUTE THE AGREEMENT) APPROVING THE EXPENDITURES OF FUNDS rHEREFOREr AND PROVIDING FOR AN EFFECTIVE DATE. • McAdams motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams 'aye," Hopkins 'aya,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. City of Denton City Council Minutes Nearing of Novemoer 6, 1984 P491 six a. The Council considered adoption of an ordinance approving a contract with Services Program for Aging Needs in the amount of $25,000 to provide transportation, hot meals, and information and referral services to persons sixty (60) years or older. Mayor Stewart asked if funds were budgeted. David Ellison, Senior Planner, responded yes. The following ordinance was presented: N0. 84-152 AN ORDINANCE APPROVING A FUNDING AGREEMENT sErwEEN THE CITY OF DENrON AND SERVICES PROGRAM FOR AGING NEEDS] AUTHORIZINU r'iE MAYOR rO EXECUTE THE AGREEMENT) APPROVING THE EXPENDITURES OF FUNDS rHEREFORE) AND PROVIDING FOR AN EFFECTIVE DACE. Riddlesperger motion, McAdams second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Alford 'aye,' Riddlesperger 'aye," Cnew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. C. The Council considered adoption of an ordinance approving a contract with Fred Moore Cnild Care Center in the amount of $180000 to provide day care for low income families, information and referral services, protective day care for abused children, and family self support services. David Alison, Senior Planner, reported that funds had been tudgeted. • The following ordinance was presented; 140. 84-153 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETwE~N THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTERr AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT? APPROVING THE EXPi,;DITURES OF FUNDS IHEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Cnew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Alford "aye,' Riddlesperger 'aye," Chew 'aye,' and Mayor Stewart "aye.' Motion carried unanimously. D. The Council considered adoption of an ordinance approving a contract with Retired Senior Volunteer Program in the amount of 56,000 to offer opportunities for retired parsons sixty (60) years of aye or older to do volunteer service in the community. David Ellison, Senior Planner, reported that funds had been budgeted, Toe following ordinance was presented: NO. 84-154 AN ORDINANCE APPROVING A FUNDING AGREEMENT sE'rwEEN rHE CITY OF DENTON AND RETIRED SENIOR VOLUNTEER PROGRAM; AUTHORIZING THR MAYOR f0 EXECUTE THE AGREEMENT) APPROVING THE EXPENDITURES OF FUNDS THEREFORE# AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesparger motion, Chew second :o adopt the ordinance. On roll • call :rote, McAdams 'aye,' Hopkins 'sye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor ktewart 'aye,' Motion carried unanimously. I City of Denton City Council Minutes Meeting of November 6, 1981 Page Seven 8, 'there was no official action on Executive Session items of legal matters, real estate, personnel, or board appointments. 51 rho following items of new business were suggested for future agendas: 1. Council Member Hopkins requested a report on day care centers. 2. Council Member Hopkins suggested a general work session or workshop oe neli to discuss mass transit in Denton and the intensity standards related to mass transit. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. .Pith no further items of business, the meeting was adjourned. RICHARD 0. SrEWART, MAYOR CHARLOrTP ALLEN, CITY SECRETARY 05593 City Council Minutes November 20, 1984 • The Council was to depart for a tour of Lake Ray Roberts at 2:00 p.m. 1. The tour of Lake Ray Roberts was cancelled because of the weather. The Council convened into the Wort. Session at S:30 p.m. in the Civil Defense Room, MEMBERS PRESENT: Mayor Stewart; Mayor Pro Ter Chew; Council Members Alford, Hopkins, h'cAdams, Riddiesperger and Stephens City Manager, Acting City Atto-ney and Deputy City Secretary MEMBERS ABSENT: None 1. The council received a report from the Denton County Tax Appraisal District representatives. Tom Harpool, Chairmrn of the Denton County Tax Appraisal District, introduced hirmself and the other representatives. He reported that the Appraisal District has a five member board appointed by the school district. The Appraisal District is a state entity and was responsible for appraisals for Denton County. Hat pool introduced Raymond Pitts, Secretary-Treasurer, Bill Rogers, Chief Appraiser, and John Brown, Assistant Chief Appraiser. Raymond Pitts told the group that the Appraisal District has a Steering Committee headed by Mr. Bernstein of the Denton Independent • School District. The Appraisal District will soon have a Steering Committee on computers. The Board identifies ill property in the jurisdiction. It is elected by various units within the district but it is responsible only to the taxpayers, Bill Rogers told the group that in September 1983 the Steering Committee, formed of 26 people, represented most districts. There are four committees within the Steering Committee: (t) Duties, (2) Communications, (3) Planning, and (4) Data Processing. Previously there was a four-year cycle which has been changed to a two-year Cycle. The appraisal district is working on enhancing their computer system to add any entitles within the District which would like to go on line. Rogers said that when that is accomplished those entities can begin to help the district to collect taxes. This should cone about by 1987. A new facility is in the works and should be ready in the summer of 1916 Rogers informed the group that they will oegin to use other entities to help with the utility and heavy industrial appraisals. This will allow the district to cut staff and to cut higher paid staff members. The staff of 28 will add five new members next year, Council Member Hopkins asked about the District's plans regarding his computer system. Roger* answered that this year will buy software and a printer validator. Council Member Riddlesperger asked about problems with bank resources. Rogers answered that they were having problems. The District used a method used by the State of Georgia. A law was passed where a banks appraisal was done by the state. Rogers said that the hanks will benefit, Mayor Stewart asked about differences between valuation across county lines. He noted that Dallas ap;raised their property this • year. There valuations are above Denton. Rogers said that since Denton was set up on a four year cycle and Dallas his been set up on a two year cycle the two year cycle gives a tax base which keeps up with growth. v..q t 7-77777777~~,-' ~j City Council Minutes November 20, 1984 Page Two Council Member Hopkins asked if revaluations would be done on an . ongoing basis. Rogers answered that any additions put in on 1982 level would be resoned. case Council of error HRogers ansedredf ththe at it lcould. The tablesuare set until the appraisal is done. Council Member W diesperger asked about agricultural value. Rogers answered that they change each year depending on land usage or lease value. City Manager Hartung asked about rollbacks. Rogers said that they are in the three year rollback. The Board of Reviews is to adjourn each year. Now they only recess. Homestead exemptions now can file for up to two years. Council Member Hopkins asked how the district can find out about new construction. Rogers answered that the diittict has several sources to find out where new construction is taking place. Council Member Stephens asked about taxes on airplanes. Rogers answered that all airplane owners are taxed. They are found by a check of hangars and also a list of airplane owners the district also checks with Dallas County. Tom Harpool talked about the Appraisal District and the problems that it has. He said that they are "growing pains". The Council members had tavorable comments about the District as an agency of collection and one which Frill unify Denton County economically. 2. The Council received findings and recommendations of a new computerised Municipal Court system. In the absence of Phyllis Morris, Court Clerk, Gary Collins, Director of Data Processing, gave the report. Assistant City • Manager Betty Mclean reported that the Data Processing and Legal departments had spent the last twelve months researching systems. Howard Matt, the Municipal Judge, will also give his findings. Gary Collins reported that he toad gone to three different cities: Bryan, San Angelo, and El Paso to see the Municipal Court Systems. Collins the chired a ities. c Parkingnticketslwereeonermajor eriteriao, fa the system. Collins reported that none ofgg the three systems met all of Denton's systems, the needs the best, and El Pasi s system fit needs , T Bryan criminal however Collins was disappointed that the City of Bryan did not process parking tickets in their system. The El Paso system was in a test environment, it was only operational in the data processing area, but not for use October after their system departments. soperational and the City of El Paso was very pleased with their system. They had had some problems but those problems had been solved. Collins said that his findings recommend the El Paso system. The only cost for that system is software. It has a capacity :or growth. The system will cost under $2,000. None of the systems researched had documentation since all prompts onetheyscreen whichrwould tellothe usernhow tosproceed. ware som time in the start-up afirst quartero oft19AS court the Collins Hopkins that asked Council ysten1 Member s new system should be up and running. Hopkins asked how the City erksabout Attorne the edithataltheJudge fetlepositivelyeaboututhe Courtfeel system and that nary Collins is helping t,► explain it to them, Juoga F.att said that he feels positively about the fact that the Data Processing people will help to train the Court Clerks and will beso`f.tremendous beneiittotolthencitty CA.et'ngeCitydAttorneywJoe • Morris said that he has relied on Gary Collins' expertise in this area. He personally has not seen any of the systems. Mayor Stewart said that ne will be pleased to have this system installed. I' P City Council Minutes November 20, 1984 Page Three • 3. The City Council received a report on the bid process on the Library security aetection system (Bid 89347). Assistant City Manager Betty McKean informed tae Council that Joella Orr, Library Director, is present to answer any questions that they may have. McKean said that the purchasing of these security detection systems has been in all respects a routine matter. The way the bid was made was through the standard operating procedure of the Purchasing Department. The salespersons' questions were responded to. The salesman from 3-M who complained about the bid procedure could have taken the item off the Consent Agenda for discussion b..t chose not to. Regarding the bid, McKean said that it was a normal procedure to make a "proprietary bid". The procedure always leaves room for an equivalent item. The 3-4 salesman failed to respond to the questions asked to him regarding his product. McKean stood by the prior recommedation in this matter. Council Me0er Hopkins said that he thought the bidding procedure wuuld not be fair if only one item is specified and "or equal" is not put on the bid. Assistant City Manager McKean said that a comparable offer would be received. The 3-M salesman did not give the City a list of clients who would recommend his as he was requested to do. Joella Orr informed the Council the difference between two different types of systems the sensitized type of surveillance system has been known to erase cassettes. This was the type that 3-M offered. The salesman told her that he had installed over 100 of the radio frequency type systems, which were the type that we wanted, but he never gave me a list of clients. Council Member Hopkins asked if • the Purchasing Department had checked out the salesmsals accusations, that his system was priced less all over the country. Joella Orr slid that the printed labels cost more and is 90 each label. The plain labels are 81 each but the cheaper label was not the type specified in the manual. Council McL.:r Stephens said that he sees no reason for the dispute as the the Purchasing Department should accept the lowest and best bid. Council Member Hopkins said that would only apply if the bid was written fairly and correctly. Council Member Stephens said the 3-M salesman would not give the information that was needed to make a good decision. City Manager Hartung Laid we pick a standard. Council Member Hopkins asked about titre prices of the strips. Joella Orr said the printed ones are 94 each and the plain ones are 8! each. This item must be rebid each year to get the best. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. 'to official action was taken. The Council then convened into the Regular t 7:00 p.m, in the Council Chambers. MEMBERS PRESENT: Mayor Stewart; Mayor Pro Ten Chew; Council Members Alford, Hopkins, Ridd esperger, Stephens and McAdams City Manager, Acting City Attorney and Deputy City Secretary MEMBERS ABSENT: None . 1. The Council considered approval of the Minutes of the Relar Meeting of September 4, 1984, There were no corrections, adguditions. or deletions. s City Council Minul.es , November 20, 1984 Page Four • Motion made by Council Member Riddlesperger second by Council Member McAdams that the minutes be approved as presented. The motion passes unanimously. 2. Consent Agenda City Manager Hartung removed item 2.A.4.from the Consent Agenda at the request of the petitioner. Mayor Stewart removed item Z.A.S. for discussion. Mc Adams motion, Chew second to approve Consent Agenda with the exception of items 4 and S. Motion carried unanimously. Item 5 was a preliminary plat of Country View Mobile Home Park. Here the Council asked Denise Spivey if this item was in a new or old mobile home park. Denise Spivey responded that the preliminary plat is at 2800 Ft. North Drive, in a currently existing park. It is platted under the current City of Denton subdivision. Motion to pass item S of the Consent Agenda wade by McAdams, second by Alford. Motion carried unanimously. Consent Agenda: A. Plats and Replats: 1. Consider approval of preliminary plat of American Stores Center, Block 1, Lot 1. (The Planning and Zoning Commission recommends approval.) 2. Consider approval of preliminary plat of the Carroll Point Addition, Block 1, (The Planning and Zoning Commission recommends approval. 3. Consider approval of preliminary plat of the Cimmaron Addition, Blocks A and B. iTne Planning and Zoning Commission recommends approval.) 4. Consider approval of amendment of site plan of an existing specific use petmit on a 13.7 acre tract at 2800 Fort North Drive (S-1S4). (Tile Planning and Zoning Commission recommends approval.) 5. Consider approval of preliminary plat of Country View Mobile Home Park. (Tne Planning and Zoning Commission recommends approval.) o. Consider ipprovai of preliminary anal final replat of the J, h. Erwin Subdivision, Block 1, Lots ZR and 3R. (The Planning and Zoning Commission recommends approval.) 7. Consider approval of final replat of thf• Milton Court Addition, Block 1, Lot (The ?lanning and Zoning Commission recommends approval.) a. Consider approval of preliminary plat of the Paisley Street Addition, (The Planning and Zoning Commission recommends approval.) 9. Consider approval of final replat of the Sun Valley Addition, Block A, Lot 13. (The Planning and Zoning Commission recommends approval.) 10. Consider approval of preliminary plat of the . helsoe Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval,) L mC 77-77777`77771~ ilk r City Council Minutes November 20, 1984 page Five 11. Consider approval of site plan and final re lot of Township nd, Phase 11, CBlock A ommission of recommends and Planning approval.) 12. Consider approval of final replat of the Watley Addition, Block 11 Lot (formerly Blount Addition). (The Planning and toning Commission recommends approval.) 13. Consider approval of preliminary Flat of the Westgate Heights Addition. (Thealflanning and Zoning Commission recommends app 14, Consider approval of preliminary plat of the Windsor West Addition. UnePlanning and Zoning Commission recommends approval.) 3. Appearance by Bob Schmitz concerning property at 221 N. Locust. Tnis item was removed by the request of Bob Schmitz who was not able to appear. 4, Public Hearings A. Z-1683. This is the petition of W. S. Nash requesting sicngl ssificationSon)acl5.lifacre itract the planned zonTn-lg from the located on the west side roved~,a the Road plannepdodevelopaent00will permit of Windsor Drive. lE apF lot size the development of 96 zero lot line units (typical 40'x110'). (The Planning and Zoning Commission recommends denial.) Speaking in favor of the petition was Jo Nash. Nash told the Council that, given the right Prod ct'Denton and thei neighborhood. It could be an asset to the City Nash said that zero lot lines are acceptable and cost less money. She said she herself lives in the with nanyththoodha`dwtthatn `heawould not devalue her own property w product. No one spoke against the petition. Tne Mayor closed the public hearing. bee Spive, eVout Ito t prReview operty P owners withinRa2002vfeetl of forms the had Denise project. Seven were sent back in opposition, none in favor. The area the athe proposed development a as a low area. Development primary rhousidesignated Denton will not violate the intensity standard. However, Spivey said, there is a concentration of moderate and igh intensity la da uses In this ar' the surrounding area. Spivey h develo ,cents nearby. However, there is a concentration of moderate and nigh intensity land use in -oning in this a es. Spine onsasdtit will take six votes from the Council to approve this Planning and toning Commission had recommended denial by a vote of 6-0 Council Member McAdams mentioned that density should be disiributed evenly within areas. McAdams motion, Riddlesperger second to deny the petition. Motion to deny the petition passed 6-1 with Mayor Pro Tem Chew casting the "nay" vote. B. Z-1698 This is the petition of Keith A. Rubeck . requesting a chtgge in the toning classification from s y egfamily (SF-1) to multi-family W-1) on a tract of approximatelcres situated east of and abutting Bernard Street, south of and abutting t City Council Minutes November 20, 1984 Page Six • Collins Street and west of Cleveland Street and more fully described as lot 6.1, block 313, on Alexander Hill Survey, Abstract 0623, Denton. A townhouse condominium project comprising approximately 119 units is proposed for the site. (The Planning and Zoning Commission has no recommendation.) Dick Myers spoke in favor of the petition. Myers said th.t this would be a condominium townhome development on the southeast corner of Bernard and Collins Streets. There would be 118 units, at 15.75 unites per acre, with 2.89 parking spaces per housing unit, which is less than the 2.2S spaces per unit required by the City of Denton. The petitioner had developed a similar project, the Mesquite Ridge project which was zoned multi-family. It had 94 units. IS.67 units per acre, which was less than the allowed density. These townhomes are marketed to the parents of students. They will be occupied by the owner. Myers said that this increases stability of the area, raised property value of the area, and increases the likelihood that the homes will be well maintained because of ownership interest. This project is well below the multi-family standards. Myers showed some slides of the projected development in which he painted out that there would be ample green space for aesthetic purposes. There will be a lot of landscaping done. A rentention pond would be used for drainage. The project will cover 7.5 acres, the retention pond is able to drain 10.S acres. There will be laundry facilities on the premises. The project will be close to the North Texas State University area and near prior multi-family areas. The project will be near main arteries in all directions. Myers showed location of housing in the area. The project will be near private housing. it is a 1S minute walk away from North Texas. Myers showed a transparency in which he traced the route that commuter buses take to the North Texas campus. He said it would be possible for the • commuter buses to go near the townhomes. North Texas State University is now considering the commuter buses. Myers said that if the students living in apartments south of I-3S can not find the kind of nousing they want they will move farther away from campus. In a survey of the current Mesquite Ridge project, 941 of residents are interested in the shuttle bus. The Mesquite Ridge project has 94 units, 91 of which responded to the questionnaire. Staff had recommended against this petition as being inconsistent with the Denton Development Guide. They said it exceeded intensity standards for the area. However, Myers said, the Denton Development Guide says to use real numbers if they are available. Myers used figures which were based on the Mesquite Ridge project. Myers said this development would have a positive impact on the neighborhood. He ave statistics on a traffic study that he had done which he said differs from the traffic study done the Planning and Zoning Commission. Myers said he is looking at the North Texas State University area as a specific area with specific needs. Myers talked about the methodology staff uses t.: make recommendations by calculating the intensity rating and applying it to current Zoning. Myers said that the reason the traffic study found what it did is because there is no existing numbers for the corner of Bernard and Collins Streets. Actual traffic numbers applied to the new property projected trip generation less than the density level. The traffic generation is less than standard numbers. Myers gave further statistics regarding trip generation. He stated that the traffic generation was less than low intensity development standards. The conclusion of Myers' traffic engineer was that no problems would result from the proposed development. Myers said that the project would make a significant contribution to the tax base. He said that he reviewed the Denton Development Guide objectives and felt the proposed project is totally consistent with • those objectives. Myers summarized the benetits to the neighborhood as meeting the need for quality housing for students, reducing student traffic in other areas of the city, encouraging pedestrian and bicycle traffic, extending the residential ch,sracter of the City council Minutes November 20, 1984 Ptge Seven existing neighborhood, enhancing neighborhood property values, increasing the city tax base, buffering the single-family neighborhood to the west, improving the drainage and streets in the area, and providing a low density alternative to a higher density project which might have been built there. Randy Looney, a resident of the neighborhood in which the development is proposed, spoke against the petition. Looney said that in the mornings cars going north on Bernard to Eagle are backed up a long way, which would indicate that there is already too much traffic in that area. This is a dangerous place during that hour to try to cross. There is a blind intersection on Collins and Bernard which is also dangerous to get across. Furthermore, Looney said that the students who would be buying and living in the condominiums are not permanent residents of the area, out once they lthe eavproperty, Hesaid that the they come and go. generally rent the property if owns his home and that the proposed project will devalue his property because his house will be across from the condominiums. Looney said that the entrance on Bernard to the condominiums will bring more traffic and cars parking on the streets. He said he has two children and they cannot even play in the front yard because of current heavy traffic. Looney said that more unit; will only bring more traffic. Looney also said that during the bad weather and in the winter students will drive cars instead of using bicycles or other in alternative addition transportation. utmain ility services. said, is to pthe a strain on The traffic, The Mayor gave the petitioner the opportunity to rebut the opposition. Myers addressed the issue about excess traffic. He said that the traffic engineer had counted cars and found that traffic was well within the bounds. Myers said that there would be trees between the question is under property and the nearby houses. neighbors discussion with the City. that he had surveyed, Mr. Looney was the only one who had a problem with the proposed development. The Mayor closed the public hearing. Harry Persaud, Development Review Planner, reported that he had mailed out 22 reply forms; received two in favor, zero in opposition, and one undecided. Persaud said that the proposed zoning change is inconsistent with the Denton Development Guide policies because of the large number of trips generated by the change. If this change is approved, it will result in an overall 33 percent above the planned intensity standard. The Development Guide recommends as a priority the need to protect existing housing. Persaud said that Bernard and Collins Streets are already loaded to capacity. No formal recommendation was made by the Planning and Zoning Commission, The Commission considered this item in its October 10 meeting and voted 3.1 for denial. The Mayor asked if six votes would be required for approval. Joe Morris, Acting City Attorney, said that a simple majority would be required. David Ellison responded to the intensity analysis given by Myers. Ellison said that according to Koorosh Glyai, City Traffic Engineer, he is in agreement with !dyers' traffic study. However, Ellison said that he is looking from a long-range standpoint as a city planner. There is also no guarantee utat the area would be developed at 16.9 units per acre as stated. • Ellison said that the current Mesquite Ridge property is an asset, However, the property had already been toned multifamily. He suggested that the developers acquire existing zoned property and develop it, 7 7 City Council Minutes November Z0, 1984 Page Eight (.ouncil Member Stephens asked Ellison if the PD classification had built-in guarantees for density. Ellison answered that it did not and that any additional high density housing in the area is undesirable. Council Member McAdams said that the Mesquite Ridge was advertised as investment property, not necessarily to be lived In by the owner. McAdams said that parking is a problem in the area. McAdams said that by overloading the area it could create another "concrete city" or an undesirable area like the area on the west side of the North Texas State University campus. McAdams mentioned traffic problems and said that this area does not actually border the university. McAdams move, Chew second to deny the petition. Motion carried unanimnusly. C. Z-1703. This is the petition of Henry S. Miller Company requesting a change in toning from the agricultural (A) district to the planned development (PD) district on a 243.3 acre tract located on the north side of 1-3SE, approximately 1,800 feet east of Loop 288. If approved, the planned development will permit the following uses: 57.1 acres - office (0) 29.1 acres - multi-family (MF-2) 61.S acres - light industrial (LI) 95.7 acres - commercial (C) (The Planning and Zoning Commission recommends approval.) The Mayor opened the public hearing. Charles Watkins of Fields, Edwards, and Associates, representing the locate read Henry in favor aMirller the pagreednnotWatkins to at that the spoke list Henry of uses Miller the property. The list is included in the backup material. At one time there were some concerns about infrastructure, but the Henry S. economic already high addressed Miller Co. his those to intensity area and Watkinssaidcthat concerns. will The be area the city. Council Member Riddlesperger asked about the extension of Loop 288 through the area. Watkins showed the land which would be dedicated to the City of Denton for the extension of Loop 288. The Mayor closed the public hearing. Denise Spivey reported that none of the forms mailed to property areasreceived the one of the the three high development teply. Theiarea00is feet city. High density housing is encouraged by the Denton Development Guide here to lpppprovide housing near jobs and services. A planned over the area than develoent unrestrictedwzoning. Thee Plcity anni Planning atd Zoning 1Commission recommends the petition by a vote of S-0 with the condition that the list of be land uses, permitteds as t planned deveclopmentinSpthe ivey backup listed the Information McAdams moved, Hopkins second to approve the peti'lon with the condition stated above. Motion carried unanimously. D. Z-1704. This is the petition of Henry S. Hiller company reques-Ung a change in toning from the agricultural (A) district to the planned development (PD) district on a S7 acre tract located on the east side of Loop 289, approximately 2,200 feet north of t-SSE. If approved, the planned development will permit the following land uses: r city Council Minutes November 20, 1984 Page Nine 50.1 acres - light industrial (LI) 27.0 acres - multi family (MF-2) (The Planning and Zoning Commission recommends approval.) Charles Watkins spoke in favor of the petition. Mrs. Mason Haggard's property adjoins the property and he requested that a solid fence be built between the properties, and also between the property and the railroad tracks. Mrs. Mason Haggard spoke in opposition to the petition. She said that she had received no notice of the Planning and Zoning Commission meeting or this Council meeting. The Mayor closed the public hearing. Denise Spivey gave the report which is similar to the preceeding item. The Planning and Zoning Commission has recommended approval with a vote of 5-0 with the conditions that: (1) the land uses prohibited In the p~+revious development also be prohibited in this development; and (Z) that a six-foot solid fence be built between this property and the railroad track, and also between this property and the Haggard property. Spivey responded to Mrs. Haggard's question, saying that she should have received a reply form and it was evidently due to staff error that she did not receive one. Mrs. Haggard said that she had brought up this issue to the Planning and Zoning Commission in the spring, and had still received no notification. Council Member Stephens said that her question should be looked in to so the omission could be corrected in other cases. . McAdams moved, Hopkins second to accept the petition with the two conditions. Motion carried unanimously. S. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefore; and providing for an effective date. Tne following nrdinance was presented: NO. 84-ISS AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOP AN EFFECTIVE DATE. City Manager Hartung explained that this is a standard ordinance under the City's new policy as identified by the Acting City Attorney. McAdams motion, Stephens second to adopt the ordinance. On roll call Yote McAdams "aye," Hopkins "aye," Stephens "aye," Alford "ayeRiddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefor; and providing for an effective date. 10 The following ordinance was presented: City Council Minutes November 20, 1984 Page Ten NO. 84-1S6 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORXS OR IMPROVD4ENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance setting a date, time and place for public hearings regarding the petition of B. L. Archer for annexation of 31.027 acres located at the southwest corner of Ryan Road and Teasley Lane (FM2181) (A-Q). The following ordinance was presented: NO. 84.157 AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF iENTON, TEXAS, AND AUTHORIZING AND DIRECTING T:.E MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. David Ellison said that this is a voluntary annexation request and that the Planning and Zoning Commission has recommended approval since the time the ordinance was submitted. Stephens 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." • :lotion carried unanimously. D. The Council considered adoption of an ordinance setting a date, time and place for public hearings regarding the annexation of approximately S acres of land located north of Highway 380 Nest and adjacent and west of Masch Branch Road (A-9). The following ordinance was presented. NO. 84-LSB AN ORDINANCE SETTING A DATE, TIAE AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTIC OF SUCH PUBLIC HEARING. David Ellison said that this is the Tri-Steel Structures, Inc. F office site north of the airport runway. Staff is going Forward with the five-acre annexation because there was a technical problem with the sixty-nine acre tract. Stephens motion McAdams second to adopt the ordinance. On roll call vote, MCAh ms "aye," Hopkins "aye," Stephens "c,e," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance setting a date, time and place for public hearings regarding the petition of Myers Development Corporation for annexation of approximately 131.7 acres located south of Robinson Road and east of Nowlin Road (A-10). The following ordinance was presented: City Council Minutes November 20, 1984 Page Eleven NO. 84.159 • AN ORDINANCE SETTING A DATE, TIKE AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. David Ellison: explained that this is a part of the 760-plus a-:re proposed Oakmont Development. Chew 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. F. The Council considered adoption of an ordinance setting a date, time and place for public hearings regarding the petition of Walter De Ronde for annexation of approximately Ill acres located west of 1-35E service road and north of Marshall Road and east of the Topeka and Santa Fe Railway (A-12). The following ordinance was presented: NO. 84-160 AN ORDINANCE SETTING A DATE, 71ME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. David Ellison said that this was also a voluntary request. The Planning and Zoning Commission recommends approval. . Alford motion, Rlddlesperger second to adopt the ordinance. On roll call vote, McAd&os aye, Hopkins aye, Stephens aye, Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance quit claiming Center Street in the I.O.O.F. Cemetery. (The Planning and Zoning Commission recommends approval.) Tne following ordinance was presented: NO. 84.161 AN ORDINANCE PROVIDING FOR THE CLOSING AND VACATING OF THAT PORTION OF CENTER STREET FROM 175 INTERSECTION WITH EAGLE DRIVE NORTH THROUGH THE I.O.O.F. CEMETERY fO ITS INTERSECTION WITH HIGHLAND STREET; PROVIDING FOR THE REVERSION OF THE FEE TO SAID PROPERTY FOR CEMETERY PURPOSES; AND PROVIDING AN EFFECTIVE DATE. Steve Brinkman, Director of Parks and Recreation, told the C,)uncil that Parks and Recreation wants to quitclaim the portion of Center Street that still goes through the cemetery so as to finish the fencing and avoid cars cutting through Center Street off of Carroll Blvd. Council Member Stephens asked if there is currently a parking problem. Brinkman answered that it has been a problem for a number of years. Riddlesperger motion, Alford second to adopt the ordinance$ On roll call vote McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," RiJdlesperger "aye," Chew "aye," and Mayor Stewart "aye." . Motion carried unanimously. City Council Minutes November 20, 1984 Page Twelve • H. The Council considered adoption of an ordinance amending Chapter 2 of the Code of Ordinances to provide for the creation of a Library Board; to provide for the adoption of policies governing the operation of the Library; repealing all ordinances in conflict therewith; and providing for an effective date. (The Library Board recommends approval.) The following ordinance was presented: NO. 84-162 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE CREATION OF A LIBRARY BOARD; TO PROVIDE FOR THE ADOPTION OF POLICIES GOVERNING THE OPERATION OF THE LIBRARY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Joella Orr, Director of the Library, explained that this is simply a "housekeeping" issue, which will just put into an ordinance what has already been done in fact. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 1. The Council considered adoption of an ordinance revising Section 25.24 of the Code of Ordinance regarding pro rata street light costs. (The Public Utilities Board recommends approval.) The following ordinance was presented: . NO. 84.163 AN ORDINANCE ESTAALISHING COST FOR STREET LIGHTING SERVICES PURSUANT TO SECTION ZS-ZS OF CHAPTER 25 OF THE CODE OF ORDINANCES; REPEALING ORDINANCES IN CONFLICT THERFWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson, Director of Utilities, explained that semi•anual)y he reviews the cost of installing street lights for subdivisions. The list of costs is in the agenda backup material. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." motion carried unanimously. J. The Council considered adoption of an ordinance authorizing an engineering services contract with Freese and Nichols Inc. for the design of ground water storage tank at the Water ireatment Plant. ,The Public Utilities Board recommends approval.) The following ordinance was presented: NO. 84.164 AN ORDINANCE APPROVING A CONTRACT FOR THE DESIGN OF A GROUND STORAGE TANK FOR THE WATER TREATMENT PLANT; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY OF DENTON, TEXAS; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson said that within the study conducted by Freese and • Nichols on water plant expansion requirements was included a two-million gallon ground storage, The cost is estimated to be around $400,000. City Council Minutes November 20, 1984 Page Thirteen i • Hopkins motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 1. The Council considered adoption of an ordinance approving an annual software maintenance agreement for the Utility Billing System, known as "CIS", and meter record system. (The Data Processing Advisory Board recommends approval.) The following ordinance was considered: NO. 84-165 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON, TEXAS, FOR THE ANNUAL MAINTENANCE FEE FOR THE UTILITY BILLING SYSTI<'M AND PROVIDING FOR AN EFFECTIVE DATE. Gary Collins, Director of Data Processing told the Council that this is the continuance of the annual maintenance contract on software packages. This one affects the utility billing system. The cost of the package is higher because of the meter record system. Hopkins motion, Alford second to adopt the ordinance. On roll tali vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. I L. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Services Program for Aging :Needs (SPAN); authorizing the Mayor to execute the agreement; the expenditure of funds therefore; and providing for an effective date. (The Human Resources Advisory • Committee recommends approval.) Tne following ordinance was presented: NO, 84-166 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN); AUTHORIZING THE MAYOR TO EXECUTE 1HE AGREEMENT; APPROVING THE EXPENDITURES OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. I Jeff Meyer, Director of Planning, explained that this is a contract with SPAN to provide service to the handicapped called Handi-Hop. The program amounts to $19,800. Planning will be monitoring the j program because there had been problems in the past. Stephens motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins Faye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 4. The Council considered adoption of an ordinance approving a fundingg agreement between the City of Denton and Denton City-County Day INursery; authorizing the Mayor to execute the al reement; the expenditure of funds therefore; and providing for an efective date. (The Human Resources Advisory Committee recommends approval.) NO. 84.167 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY- AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURES OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. City Council Minutes November 20, 1984 Page Fourteen • Jeff Meyer said that this contract assists the day-care center in providing day-care to lower-Income working mothers. This supplements funds that were lost with a change in the federal program. This is one of two day-care in the city that accepts low-income people. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion rarried unanimousiy. N. The Council considered adoption of an ordinance authorizing the expenditure of funds by the City of Denton for participation in a municipal electric lob training program ane.. approving the expenditure of funds therefor; and providing for an effective date. NO. 84-169 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY OF rENTON FOR PARTICIPATION IN A MUNICIPAL ELECTRIC JOB TRAIN1N3 PROGRAM AND APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Bob Nelson said that the amount of the contract for job training for distribution crews was $4,329.16 per year. Council Member Riddlesperger asked if this would protect the City from possibit lawsuits. Nelson answered that it would. The City has participated in this program for many years. Hopkins motion, Stephens second to adopt the ordinance. On roll call vkte, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," niddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 6. Resolutions of A. The Council considered approval of a resolution approving the newly revised policy manual for tae Denton Public Library as revritten by the Denton Library Board. (The Library Board recommends approval.) The following resolution was presented: R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF TdE CITY OF DENTON, TEXAS: SECTION 1. That in accordance with Section 2.52 of Chapter 2 of the Code of Ordinances, the policy manual, as recommended by the Library Board, containing policies and procedures for the operation of the Emily Fowler °ublic Library, a copy of which is attached hereto and made a part hereof, is hereby adopted and approved by the City Council of the City of Denton, Texas. SECTION 11. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 10th day of November, 1984. RICHARD 0. SIEWARTt WYOK CITY OF DENTON, IhXAS City Council Minutes November 20, 1984 Page Fifteen . ATTEST: CHARLOTTE ALLEN, ULLY SELKE= CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORA: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DESTON, TEXAS BY: Joella Orr told the Council that this is a revised policy which outlines the services and limitations of the Library. Orr said that this revision is simpler to read and some excess words were taken out from the previous policy. Orr said that she is in touch with Judge "ole of the County, ind if the County decided once again to fund the Library, s contract would have to be made. She said that the policy would not change in that event. Stephens motion, McAdams second that the resolution be appro%ed. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. B. The Council considered approval of a resolution for the development of a County•wia?- transportation plan for Denton County. The following resolution was presented; R E S O L U T I O N WHEREAS, Denton County the fourth fastost growing county In tha country is facing a mobility crisis; and WHEREAS, Denton County +nd it's cities need to develop a s,stematic approach that will set priorities, indicate when and which transportation improvements are needed; and WHEREAS, Denton County Commissioners' Court needs to imriement a program to help meet our future right-of-way needs dur t,) our phenomenal growth factor and escalating land values; and WHEREAS, this resolution confirms this city's support and participation in the development of a county wide transportation plan; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITI OF DF'ITON, TEXAS: SECTION I. That the City Council of the City of Denton, Texas supports the Commissioners) Court intent to hire a consulting fine to develop a technical transportation guide designed to result in a program of transportation improvements for Denton County during the next two decades. SECTION 11. The technical transportatior. guide would include: • 1 Developing a county-wide plan for a transportation network that is responsive to future growth; City Council Minutes November 20, 1984 Page Sixteen 2. Providing the necessary coordination among existing throughfare plans of individual cities within Denton County for the development of a integrated roadway network; 3. Establishing a roadway classification system; 4. Recommending a geometric and design standards For roadway develfor both opment for rural use in thurban roughfare condition planningalong with cost estimating order procities i cess; and to rescrveh right-of-way plans during the development tplat and t 6. Recommending a program for staged development of freeways, ural arterials and controlled access facilities urban arterials, rural' which will be compatible with incremental growth development to 2005 to insure co,ttiauity of major roadways an timely roadway construction, SECTION l;t_ This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 20th day of November, 1984, CITY OF DENTON, TEXAS ATTEST • ALLEN, CHARLOTTE CITY OF DENTON,TEXAS APPROVED AS TU LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY' CITY OF DENTON, TEXAS BY: Council Members Riddlesperger and Hopkins spoke in favor of this item. Mayor Stew w said that this is where we have been heading for years, Riddles~erger motion, Alford second that the resolution be rove3. On roll call vote, M<Adems "aye," Hopkins "aye," Stephens aPP "aye," Alford aye, RiJdlesperger aye," Chew "aye," and Mayor Stewart "eye." Motion carried unanimously, C. The Council consideted approval of a resolution creating agg City of Denton Health Facilities Development Corporation. they Councih HPoinsettntto do the RCouncilsthattthexstalte the has authorized the creation of a health :acilities development corporation to finance "life care projects." Samaritan project project is one of those type projects. is also a similar project. The bankrupt Lake Forest project has approached the Good Samaritan Society with hopes of them acquiring that project, This resolution would provide a vehicle by which the revenue financing secfor ured h by acquisition the i corporate Society oject, by obtain tax exempt favorable the pr porate ubligotlon of the A-rated Good Samaritan Society. • Poinsett said this resolution must be passed to file articles of incorporation in Austin to incorporate, to issue bonds. Acquisition should date February City Council Minutes November 20, 1984 Page Seventeen Council Member Riddlesperger said that this would help th'i residents of Lake Furest Village, Council Member Alford said that many of the residents moved to Denton from other places. Hopkins motion, Riddlesperger second that the resolution be approved. on roll call vote, McAdams "ayt," Hopkins "Ave," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously, 7, The Council considered disposition of excess Henry Street (Sherman Drive) right-of-way, (The Planning and Zoning Commission and Development Review Committee recommend approval.) David Ellison said that this is 1942.5 sq. feet of excess Henry St. tight-of-way. Key recommendation comes from the Development Review Committes. Ellison mentioned that Jon heist from the Denton Record -rhronicIe pointed out that he had not earlier mentioned for the record that ail of the previous annexation public hearings will be held on December 4, 1984. Council Member Stephens asked why it has taken so long for this item to reach the Council, and Ellison said that he did not know. Mayor Stewart asked Ellison how this area is toned. Ellison said that he did not know but he felt fairly certain that it was single-family because of the area that it was in. Ellison checked the map and said it was single-family. Stephens motion, Hopkins second to approve the disposition. Motion carried six to one with Mayor Stewart casting the "nay" vote. 8. The Council considered disposition of City property located at the northeast corner of Bonnie Brae and Scripture Street. (The Planning and Zoning Commission and Development Review Committee recommend approval.) Harry Persaud said that this is a tract of 223 acres east of Bonnie Brae and north of Scripture Street. This is part of a larger portion of land acquired by the City for right-of-way. It is triangular shape and will severely restr'ct buildings on the land. Hopkins motion, McAdams second to approve the disposition. Motion carried unanimously. 9, The Council considered strategy for proposed street bond election. Rick Svehla, Assistant City Manager, answered the questions the Council had expressed :a their last meeting regarding total cost of street improvements. Svehla said that assuming there are 45 miles of overlay, 25 miles of rebuilding, the figurj would be approximately $3 million of overlay and $16 million of rebuilding, or minimum, $19 million, John McGrane had a plan where $10 million worth of improvements could be done with no tax increase if we dedicated the two cents appropriated in the last budget. For $19 million, there would be a 30 percent tax increase, , Council Member Stephens asked if bonds would be sold all at once or at different times. Svehla answered that if that much is issued then sooner or later it must be levied. Stephens asked if it could be "phased in." City Manager Hartung said that there is some benefit from scheduling bond sales. Svehla said that if we sold them all at once the interest could be used to help make payments, and reduce some of the impact, John McGrane said that the amount of money and timing of selling is crucial. The first two years of debt service is tho most crucial. currently our debt service is decreasing. City council Minutes November 20, 1984 Page Eighteen Council Member Hopkins asked what is the lox.-st tax rate we could $et by with. City Manager Hartung said that it was possible to do $10 million over five years 4ithout any tax increase. If an additional $9 million was done, it would need to be spread out over that five years, depending on how it was spread out, it would determine what the tax increase was. Council Member Hopkins said that he would like to include looking at ways to add capacity to the existing street system. Hartung asked the Council about what they wanted to do regarding the citizen's advisory committee. Council Member Riddlesperger said that he wanted input from the citizens. Council Member Stephens asked who would give direction to this committee of citizens, and Hartung said that the Council could appoint them and set the policy and give direction. Hartung also mentioned the Chamber raps. portatlon Subcommittee had volunteered to help. Alford motion, Chew second, to appoint a blue ribbon committee. Motion carried unanimously. Coiincil Member McAdams asked for some kind of list of aembers. Hartung suggested that the staff would list some categories for the Council to consider at their next meeting. 10. There was no official action on Executive Session items of legal matters, real estate, personne►„ and board appointments. 11. No items of new business were suggested by Council Members for future agendas. The Council then reconvened into the Exand board ecutive Session to discuss legal matters, real estate, personnel official action was taken. With no further business, the meeting was adjourned. RICHAKI) , • . 5 RI [TAT' ':053M • rf City Councl. Minutes December 4, 1984 The council convened into the Work Session at 500 p.m. in the cavil • Defense Room. PRESENT: Mayor Pro Tom Chewr Council Members Alford, Hopkins, McAdams, Riddlespergec, and Stephens City Manage., Acting City Attorney ar.d City Secretary ABSENr: Mayor Stewart was serving on a panel for the American Public Power Association 1. The Council received a report from representatives of the Flow Memorial Hospital Board of Directors. Ms. Mary Willialf, Chairperson of the Flow Hospital Board of Directors, reported tnat the hospital auditors had prepared a partial study at the end of July wnicn projected that the hospital would be in the black. This was not the case. me current preliminary projection was a loss of approximately $20,00D at the year end. Tne collection rate was approximately 701 and patient volume nad declined. Flow was experiencing cash flow problems and significant delays in reimbursement. The board hopefully considered the problem to be temporary. More staff nad been hired for the business office to collect accounts. In regards to planning, the consulting firm of Harwood K. Smith and Partners had been retained to prepare a master plan. Detailed drawings of the proposed recommended floor plan for the hospital were being completed. The proposed medical office building planning was progressing. rho annual plan for Flow would be completed and presented at the January board meeting, A licensed midwife nad been recruited and chat program would be operational early in 1985. • Council Member Hopkins asked if the board had explored the idea of increasing fees. Williams responded the fees had been incceased. Council Aamber McAdams asked if a 701 collection rata was low. Williams replied that was about averages however, patients were not paying their bills and there nad been a significant slow drjwn in Medicare payments to the hospital. Council Member Riddlespargar asked a0out the rage of los3 of patients. Williams responded that uther doctors were seeing an approximate 201 patient drop rate. More patients were using day surgery and not using hospital rooms, Council Memoer Rlddlesperger asked aoout the statia of the First Texas Hedical Certificate of Need to build anotner hospital. Williams replied that the board and the hospital administration were still contesting the award of the certificate and sere going to appeal In court. Jeff Hausler, Flow Memorial Hospital Administrator, stated that the chances of winning the court appeal were not good, Council Member Riddlesperger stated that, since the hospital use rate was down, that should be given consideration by the court before a Certificate of Need was issued to construct another nospital. • City of Denton City Council Minutes Meeting of December 4# 1984 Page Two . Williams stated the administrators most look at getting more efficient and getting into more profitable types of services such as day surgery and out patient care. Staff reduction had been nadet however, new employees had been added in the business office to take care of collections. Council Member Stephens asked if the midwife program would cake any difference in Flow's lianility, Williams responded not the midwife program would be staffed with licensed nurses who would work with obstetricians. 2. Phe Council neld a discussion on the child care ordinance. Jeff Mayer, Director of Planning and Community Development, reported that there were a number of day care facilities operating without specific use permits. One way to alleviate the problem was to revise the existing ordinance, Acting City Attorney Joe Morris reported that the ordinance could be written so as to nave all of the existing day care centers as non-conforming uses. Another option was to enforce the present ordinance giving existing non-conforming uses a time deadline to comply. The problem with the ordinance would be the definition of what constituted a day care center. Council Member Stephens asked the City Attorney to prepare an ordinance as the attorney thought it should be and to bring it to the Council for review, Council Member Riddlesperger stated that he would hate to see church groups have to pay a large fee for a specific use permit. Morris responded that an ordinance could not distinguish between a church and non-religious group. Council Member McAdams stated that all existing day care centers could ce 'grandfathered' into the revised ordinance. Council Member Aiddlesperger asked if a grace period could oe given to allow existing centers to comply with the revised ordinance. ;Meyer responded that another issue to be considered was that the cnurch day care centers were not considered as a charity because they were making a profit. Mayor Stewart stated that accurate records of those centers wnlen had applied for specific use permits and those who had not did not exist, me consensus of the Council was to direct the Acting City Attorney to prepare an ordinance based on current atate law with a 'grandfather' clause for all existing day care centers. Council Member Stephens asked about operating day care centers which had not been licensed by the state. Morris responded the state would nave to be notified. Council Member Hopkins stated that the specific use permit was Issued for the propertyf the individuals operating the centers were licensed by the state. The specific use permit would be valid if the people changed. Council Member McAdams atated that if the location had oeen deemed appropriate for a day care center, the permit sho,ild remain. Meyer stated that the city would be controlling zoning only, City of Denton city council Minutes Meeting of December 4, 1984 Page Three 3. The Council consilered approval of proposed sign ordinance previsions. Jeff Meyer, Director of Planning and Community Development, reported that this proposed ordinance had been reviewed in general and staff was niw requesting direction from the Council on some specific areas. Meyer then Introduced Charlie Watkins, consultant, who nad oeen retained to work with staff on toe sign ordinance. Watkins glen asked if the Council world prefer to review the entire ordinance or 3u.9t the controversial issues. Tne consensus was to limit the discussion to the controversial portions of the draft ordinance. The Council began the discussion by reviewing the section on prohibited signs, specifically signs on public property. Acting City Attorney Joe Morris reported that this section was originally prepared to be in compliance with federal law, Tne Supreme Court had reversed the decision, Morrie suggested that this section might be rewritten to be more restrictive. Council Member McAdams stated that she felt signs should be completely off of public property. Council Member Stephens stated that the section called out medians and si0ewalks and he felt there should be some flexibility. In some instances signs on public property would be appropriate, Morris stated that the section should be reworded to be very specific. Tne current wording of 'when such use or location unreasonably interferes with the use of the public property' • would place the responsibility of making the determination of whet wao unreasonable on the code Enforcement Officers, Council Member Riddlesperger suggested that the work 'unreasonably' be deleted from the section. Mayor Stewart joined the meeting. Morris stated that the public right-of-way could then ce used for political and non-political 'stake' signs. Mayor Stewart stated that he personally would prefer no signs on public property. Meyer added that there was a great deal of private property which could be used for signs. Morris stated that the section would be rewritten to ban all signs on public property and the Council could discuss the issue again at a later date. Charlie Watkins then clarified that the portion on proper shielding of lignted signs referred to non-portaola signs. Watkins stated that the permit fees proposed were based on the size of the sign and a procedure had been devised to allow sign permits to be revoked, No Council then began a discussion of the regulation of signs by zoning districts. Tne proposed ordinance was more restrictive in residential zoning districts than in non-residential districts. The spacing and size of signs in residential districts had been addressed. In size requirements in the non-residential district had . received complaints from members of the sign industry. It was felt that a 50 feat sign should be allowed on the interstate highway rather than the 40 feet suggested by staff. City of Denton city council minutes Meeting of December 4, 1984 Page Four Acting City Attorney Joe Morris reported that general oillboards are off premisesr i.e., not located on the business property, and were regulated by state law. The consensus of the Council was to use the state standard of 672 square feet for signs on the interstate and a maximum size of 400 square feet for signs located in non-residential districts as it was written in the proposed ordinance. Council Member Stephens stated that the Council needed to know how many signs currently were non-conforming because they exceeded the 400 square feet limit. Mayor Stewart stated existing signs which were not in compliance could request an exception. Morris stated that sufficient time must be allowed for owners of non-conforming signs to recoup tneir investment in the sign. Council Member Rlddlesperger stated that he believed the Council should allow existing signs in violation of the 400 square feet limit to remain but not allow any more. Direction from Council was for Watkins to report back on the number of existing signs which exceeded the 400 square feet limit. 4, the Council reviewed the elementary after-school program. Steve Brinkman, Director of Parks and Recreation, reported that the program had been successful, The program had been created due to the success of the summer program and staff was trying to expand the use of recreational facilities city-wide. A need had been • identified for this service. Tnere were currently 6 different sitesi 5 located at elementary schools and l at Denia Recreation Center. Enrollment was approximately 10 children at each of the 6 sites. Future registrations would hold places for 5 students who were on the free lunch program at the schools. A small fee was cnarged to cover the cost of supplies. Council Member Hopkins stated that he nad requested this report because he nad received several telephone calls from parents regarding the program. All of the comments had been vary positive and complimentary and tie did not want to lose the progra:i. Council Rember Hopkins further stated that he felt the fees were too low. 8rlnkman reported that staff could be reviewing the fees In the future. Cnere currently was a waiting list of approximately 15 students for each of the sites. Cne Council then convened into the Regular Meeting at 7:UU p.m. in the Council Chambers. FAESENi: Mayor Stewart) Mayor Pro Cem Chew! Council Members Hopkins, McAdams, Riddleaperger, and Stephens i City Manager, Acting City Attorney and City Secretary ABSENT: Council Member Alford was absent due to a previous commitment 1. Yne Council considered approval of a resolution of appreciation for Ms, Margaret Nichols. Ms. Nichols was present to receive the resolution. The following resolution was presented: City of Denton City Coun:i) minutes Meeting of December 4, 1984 Page Five • RESOLUTION IN APPRECIATION OF MARGARET NICHOLS NHEREAS, Margaret Nichols is a member of the Denton Library doardr and HHERcAS, the City of Denton appreciates the time, effort, and dedication of service that Margaret Nichcis contrioutea as the County Ex-officio to the effectiveness and efficiency of the Denton Liorary Soard: NOw, THEREFORE, BE IT NESOLVED BY THE CITY COUNCIL OF THE CIr't OF DENTON, TEXAS: That the sincere and warm appreciation of the City of Denton be formally conveyed to Margaret Nichols in a permanent manner by spreading this Resolution upon the official Minutes of the City of Denton and forwarding to net a true copy hereof. PA:iSED AND APPROVED this the 4th Day of Decem^or, A.D., 1984. RMARD S R , R CITY OF DENTON, TEXAS ATTEST: CHARLOT U ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; JOE D. MORRIS, ACPINt; CIT ATTORNEY CITY OF UENTON, TEXAS Chew motion, Hopkins second that the resolution be approved. On :oil call vote, McAdams fay-as' Hopkins 'aye,' Stephens 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. 2. The Council considered approval of the Minutes of the Special Called Meeting of September 13, 1984. Riddlesperger motion, Chew second to approve the Minutes as presented. Motion carried unanimously. 3. Consent Agenda Mayor Stewart stated that item B.2 had been removed from the Consent Agenda at the request of the petitioner. McAdams motion, Hopkins second to approve the consent Agenda as presented with the exception of item I.B.Z. Motion carried unanimously. A. Bids and Puchase Orders: Listed below are aids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items S.A, 5.6, and S.C). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the • ordinance. 1. Bid 0 9352 - Streetlights City of Denton City Council Minutes Meeting of December 4, 1984 Page six • 2. Bid 1 9354 and 9355 - Haw water pump station witn values and controls 3. Bid 1 9165 - Fire hose 4. Bid 1 9368 - Concrete planks 5. Bid i 9369 - Structural steel 6. Bid t 9358 - Water and sewer utility :spital improvements 7. Bid 1 9364 - Loop 288 water and sewer uttity relocations 8. Purchase order 1 64896 to Calvert Motor Company in the amount of $3,083.41 9. Purchase Order 1 65683 to Mahaney International in the amount of $9,000.00 9. Plats, Repiats and Site Plans: 1. Apptoval of preliminary plat of the M S B Metal Addition, B1ocK 1, Lot 1. (The Planning and Zoning Commission recommends approval.) 2. REMOVED AT REQUEST OF PETITIONER 3. Approval of preliminary plat of South Denton Industrial Park Addition, Block 1, Lot L. (Tne Planningg and Zoning Commission recommends approval.) 4. Approval of preliminary and final replat of the Wainwrignt Addition, Block 28, Lot 1-R. (The Planning and Zoning Commission recommends approval.) 4. Public Hearings A. The Council neld a public hearing on the petition of Dabney Companies requesting a change in the zoning classification from planned development (PO-17) and agricultural (A) to light industrial (LO classification on a tract of 334.607 acres located east of and abutting Noodrow Lane and north of the proposed extension of Morse Street north of Spencer Road and west of Loop 188. Tne tract contains approximately 123 acres for light industrial (LI) uce within the planned development district PD-17 and the balance of approximately 111.6 acres under the zoned agricultural classification (A). If approved, the entire site of 334.607 acres would be developed for light industrial uses in accordance with the Denton Boning ordinances. t-1700 me Mayor opened the public hearing. Mr. Bill Perry, reprasenting Dabney Companies, spoke in favor of the petition stating that his company had worked with staff. Tne detailed planning for the development would be completed +hen the zoning was granted. Mr. Perry further stated that much work was to be done, but the zoning was a major step. Mayor Stewart asked Mr. Perry if any apartments were to be included in the development. S Mr. Perry responded no, riot on the southern side. This basically was an industrial area and Dabney Companies envisioned the entire gouthetn tract as being utilized as industrial. City of Denton city council Minutes Meeting of December 4, 1984 Page Seven Council Member Stephens stated an industrial park was proposed and . asked it Dabney Companies had any future plans for residential use on the property. Mr. Perry responded that many utility lines were on th•~ tract which ran in a triangular fashionr however, there were no utiiity lines on the property in a north/soutn configuration. Tne property would basically be utilized for warehousing and shipping. No one spoke in opposition. The Mayor closed the public nearing. Harry Persaud, Development Review Planner, reported that 21 reply forms nad been mail:-d with 4 returned in favor and 1 returned in opposition. The tract was located in a high activity center and it would be in the best interest of the city for the property to develop as this type of light industrial zoning. Adjacont oxistinj land uses included 183 acres of light industrial rroperty. If granted, this would zone the remainder of the parcel as light induatrial, the street situation was no problem. Council Member Stephens stated that the Minutes of the Planning and Zoning Cormission discussed a question of whethsY the petitioner should have requested a planned development. Persaud responded that the planned development classification should be used if straight zoning could not be applied. That would allow flexibility for offices in the future. Council Member Stephens stated that under the present zoning, the petitioner could develop the entire property with apartment units. Persaud responded that the entire tract could not be developed with apartment units during a 3 year time period. David Ellison, Senior Planner, reported that the Planning and Zoning Commission was looking at cumulative zoning and examining r~vislons which needed to be made to the zoning ordinance. Chew motion, Hopkins second to approve. Motion carried unanimously. B. The Council held a public hearing on the petition of E1 Dorado Car Wash Systems requesting a change of zoning classification from multi-family (MF-11 to general retail (GR) on a tract of approximately 0.5.)26 acres rltuatcd north of and abutting Londonderry Lane and west of and abutting Jason Drive and more fully described as lot It block D, Teasley :fall Subdivision. If approved, the site may be developed for any general retail and service type uses as permitted by the City of Denton Zoning Ordinance. Z-1707 Tne Mayor opened the public hearing. Mr. Harris Hollaoaugh spoke in favor of the petition stating that the location was on Londonderry Lane just off of Interstate 35 and Teasley. It was his intention to build a first-clans car wain. No one spoke in opposition. The Mayor closed the public nearing. Denise Spivey, Development Review Planner, reported that 4 reply forms had been mailed with 0 returned. The tract was located in a moderate intensity area and was surrounded by multi-family a.)ning. To the east was a laudromat and a small day care center. There was one small area of agricultural zoning on Interstate 35. Staff felt it was unlikely that any single family units would be developed on • this property. Stephens motion, Chew second to approve. Motion carried unanimously. City of Denton city council minutes Meeting of December 4, 1964 Page Eight • C. The Council held a public hearing on the petition of Dallas Design Group, inc. requesting a change o! zoning classification from multi-family (MF-1) to general retail iGR) on a tract of 0.574 acres of land situated north of and abutting Londonderry Lane and east of and abutting Jason Drive and more fully described as lot 481, block B, Teasley Mall Subdivision, if approved, the site may be aeveloped for any general retail and service type uses as permitted by the City of Denton Zoning Ordinance. Z-1708 The Mayor opened the public hearing. Mr. Jack Jowolski spoke in favor of the petition stating that Dallas Design Group intended to design and construct a first class building of approximately 6,000 square feet witn 4 lease spaces. No one spoke in opposition. The Mayor closed the public nearing. Denise Spivey, Development Review Planner, reported that 6 reply forms had been mailed with 1 returned in favor and 0 in opposition. This was the same. Type of location and situation as the previous public nearing for El Dorado Car dash Sy.,tems. Stephens motion, Hopkins second to approve. Motion carried unanimously. D. The Council held a public hearing on the petition of S. L. Archer for annexation of 31.027 acres located at the southwest corner of Ryan Road and Teasley Lane (FM2161). A-8 • The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor stating that this was 1 of 4 cases which .ad been before the Council on November 20. -his was a voluntary annexation. The Council would taka final action on the annexation on February 19. No formal action was requ►red at this time. No one spoke in opposition. The Mayor closed the public nearing. Aiddlesperger motion, Chew second to continue the annexation proceedings. Motion carried unanimously. E. me Council held a public healing regardi q the proposed annexation of approximately 5 acres of land located north of Highway 360 Nest and adjacent an-' west of Masch Branch road, AA9 Tne Mayor opened the public hearip.g. David Ellison, Senio: Planner, spoke in favor stating that this was the Tei-Steel Estates tract, rnis was not a voluntary annexation but the owner had returned the reply form in favor. No one spoke in opposition. The Mayor closed the public hearing. Stephens motion, Hopkins second to continue the annexation pro- ceedings. Motion carried unanimously. F. 'The Council held a public nearing on the petition of Myers Development Corporation for annexation cf approximately 131.7 acres located south (I Robinson Road and east of Nowlin Road, AA=10 The mayor opened the public hearing, .ra .~ui • d City of Denton City Council Minutes Meeting of December 4, 1984 Page Nine David Ellison, Senior Planner, spoke in favor of the petition reporting that this was a voluntary annexation. No reply fuss nad been returned. No one spoke in opposition. The Mayor closed tqe public hearing. Hopkins motion, Chew second to continue the annexation proceedings. Motion carried unanimously. G. The Council neld a public hearing on the petition of Walter DaRonde for annexation of approximately 112 acres located west of 1-35E service road and north of Marshall Road and east of the Topeka and Santa Fe railway. AA=12 Tne Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor of the petition reporting that Mr. Dei?onde and 2 other owners had petitioned for this voluntary annexation. Two reply forms had been returned in favor and 0 in opposition. Charlie Watkins, representing the petitioner, spoke in favor urging the Council to annex the property so the developer could proceed with zoning. A14 v+:~ spoke in opposition. The Mayor closed the public hearing. Chew notion, McAdams second to continue the annexation proceedings. Motion carried unanimously. 5. Ordinances A. Tne Council considered adoption of an ordinance accepting com;.-itrtive bids and awarding a contract for the purcnase of materials, equinmeut, supplies or services; providing for the expenditure of funds therefore; and providing for ar effective date. City Manager Chris Hartung reported that this ordinance ;ould autnurize the expenditure of funds for the rids wnrcn were lis ed on the Consent Agenda. Tne following ordinance was presented: NO . 84-169 AN ORDINANCE ACCEPTING COMPEeirlvE BIDS A4D A4ARaINu A CUNTRACT FUR THE PURCHASE OF i4ATdRIALS, EQUIPMENC, SUPPLI-S OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS fdERdFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Jnew ;notion, Hopkins second to adupt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Rid leaperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. B. The Council considered adoption of. an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefor; and providing for an effective date. The following ordinance was presented: City of Denton city council Minutes Meeting of December 4, 1984 Page Ten NO. 84-110 AN ORDINANCE ACCEP'PING COMPErI'rIJE BIDS AND PROVIDING FOR rHF. AWARD OF CONTRACTS FOR PUBLIC WORKS UR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS rHEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Stephens motion, Chew second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. C. Tne Council considered adoption of an ordinance providing for the expenditure of funds for emergNncy purchases of materials, equipment, supplies or services in accordance with the provision of state law exempting such purchases from requirements of competitive oids; and providing for an effective date. Tne following ordrna,ice was presented: NO. 84-171 AN ORDINANCE PROVIDING FOR fHE EXPEN:IITURE OF F'JNJS FOR E4ERC£NCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE 4!ZH 'f HE PROVISIONS OF SrArE LAW EXEMPr1NG SUCH PURCHASES FROM REUJIREMENTS OF COMPETIrirVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Mc,%dams notion, Hopkins second to adopt the ordinance. "n roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Riddlesperger 'aye,' Cnew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. • D, me Council considered adoption of an ordinance estaolishing rates for commercial sanitation service. Assistant _Lty Mananer Rick SV°hla reported that these rates nad peen discussed during the budget process. The increase would nelp to find the landfill and to cover operating costs. Tne prop.aed rates were cased on the actual rental cost of the container zad the ch:,rge back of now many times the com,zerci31 customer received service per week. Tne comparison chart furnished in the agenda Dark-up m3tefial 'was for the city and Texas Waste xahagenent. Council Ma,cer hopKins asked how the city compared itri local co,nmerclal n3ilers. Svenla responded that the local commercial hailer's fates .ere also in the back-up material comparison cnart. Council Member Hopkins stated that he was concerned that the city would get the commercial rates out of line and would lose customers to the private haulers. Svenla responded that staff mad considered tnis and had neld the increase to 131 to remain competitive. Council Member Alford joined the meeting. Council Member Hopkins stated that he seriously thought the increase would cause _he city to lose lots of customers. It was an economy of scale. Tne city could not afford to lose 51 of the present customers. Svenla responded the city also could no' afford to subsidize the service. A portion of the landfill charges was being paid tntough commercial rates and a portion through residential rates. City of Denton City Council Minutes Meeting of December 4, 1984 Page Eleven . Council Member Hopkins asked what was the ra of increase in the residential rates. Svehla responded approximately 184. The following ordinance was presented: No. 84-172 AN ORDINANCE AKENDING CHAPTER 12, SECTION 12-20, OF THE CODE OF THE CITY OF DENTON, RELATING 'TO COMMERCIAL SANITATION RATES; REPEALING ALL ORDINANCES IN CONFLICT; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams 'aye," Hopkins 'nay,' Stephens 'nay,' Alford 'aye,' Riddlesperger 'aye,' Cnew 'nay,' and i4:ayor Stewart 'aye.' Motion carried 4 to 3 with Council Members Hopkins, Stepnens and Cnew casting the 'nay' votes. E. Tne Council considered adoption of an ordinance authorizing the addition of increased municipal contributions and supplemental death benefits to the Texas Municipal Retirement System. Kathryn Usrey, Director of Personnel, reported that the ordinance was to implement a benefit which had been authorized in the 1984-85 budget. The increase in municipal contributions was from 1.5 to 2.0. There was also a supplement to the death benefits for survivors of employees. Tne following ordinance was presented: NO. 84-173 AN ORDINANCE PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES ni THE CITY OF DENTON, TEXAS; PROVIDING FOR PARTICIPATION OF :.1e CITY IN 'THE SJPPLEMENTAL DEATH BENEFITS FUND OF THE T.IKAS MUNICIPAL RETIREMENT SYSTEM, TO PROVIDE CERTAIN IN-SERVICE DEATH SFNEFITS FOR dMPLOYEES, AND DEATH BENEFITS FOR ANNUITANTS Wri OSE LAST EMPLOYMENT BEFORE RETIREMENT WAS WITH THE CITY OFF DEArON, TEXAS; AND PROVIDING FOR AN EFFECTIVd DATE. Hopkins motion, Cnew second to adopt the ordinance. On roll call vote, AcAdams "aye,' Hopk+.na 'aye,' Stephens "aye,' Alford 'aye,' Riddlesperger 'aye,' Grew"♦ye," and Mayor Stewart 'aye.' Motion carried unanimously. F. The Council considered adoption of an ordinance accepting the dedication of rignt-of-way for a new alignment of Spencer Road at Woodrow Lane. Council .Member HOPKins stated that this item had been discussed many times oefore. Tne following ordinance was presented: NO. 84-174 AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROM JEWELL M. OWEN PARHAM AND ROBERT H. PARHAM, OF CERTAIN REAL PROPERTY SITUATED IN THE MARY L. AUSTIN SURVEY, ABSTRACT NO. 4, DEN'TON COUNTY, TEXAS, AND RECORDED IN VOLUME 8321 PAGE 83 OF THE DEED RECORDS OF DENTON COUNTY TO THE CITY OF DENTON, TEXAS, FOR CHE USE OF SAID PROPERTY AS A PUBLIC STREET AND DECLARING AN EFFECTIVE DATE. city of Denton city council Minutes Meeting of December 4, 1984 Page Twelve • Hopkins motion, Stephens 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. 0. The Council considered aooption of an ordinance abandoning cignt-of-way on Spencer Road at Woo-row Lane. The following ordinance was presented: NO. 84-175 AN Oi:DINANC£ PROVIDING FOR THE CLOSING AND VACATING OF A PORTION OF SPENCER ROAD, A KTdLIC STA?9r, AS HEREIN DESCRISEE, RESERVING A UTILITY, EASEMENT THEREIN; AND PROVIDING AN EFFECTIVE OArE. Hopkins motion, Alford second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye," and mayor Stewart 'aye.' Motion carried unanimously. H. The Council considered adoption of an ordinance approving an employment agreement between the City of Denton and the City Manager. Mayor Stewart stated that the employment agreement would be retroactive to October 1, 1984. The following ordinance was ptesented: NO. 84-176 • AN ORDI14ANCE APPROVING AN EMPLOYMENT AGREEMENT 3£2NEEN THE CITY OF DENTON AND THE CITY Ml,NAGER; AUTHORIZING rAE MAYOR 20 £XECU'rE THE AGREEMENT; APPROVING rHE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams notion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye,' Hopkins "aye," Stephens 'aye,' Alford 'aye,' Riddlesperger "aye,' Cnew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution approving an agreement by the City of Denton Induatrial DeVelopment Authority to issue a bond for Dallas Drive Development Group and a guarantee agreement with G. E. Adami, Jonn 5. Adami, red L. Coe, and James Snane and the pond resolution providing for the issuance of such bond. City Manager Chris Hartung reported that the Denton Industrial Development Autnority nad approved a similar resolution earlier in the day. Mr. Tom Spurgeon, representing McCall, Parkhurst and Horton law firm, stated tnat the bond was for fl million for the Dallas Development Group, a general partnership with 4 members. This was a commercial project located in an eligible bligntid area. A 27,000 square feet building would be constructed to be used for commercial business purposes. The project inducement resolution had been approved after June, 1984 so the project fell under the new legal regdlations of the Texas Economic Development Connission. • Tne following resolution was presented: City ec Denton City Council Minutes Meeting of December 4, 1984 Page Thirteen . RESOLUTI00 APPROVING AN AGREEMENT BY CITY OF DEN'TON INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE A BOND FOR DALLAS DRIVE DEVELOPMENT GROUP AND A GUARANTEE AGREEMENT WITH G. E. ADAMI, JOHN S. ADAMI, TED L. COE AND JAMES SHANE AND THE BOND RESOLUTION PROVIDING FOR 'THE ISSUANCE OF SUCH BOND WHEREAS, City of Denton Industrial Development Authority was created under the auspices of the city of Denton, Texas; and WHEREAS, the City Council of the City of Denton (the 'City') has, Dy written resolution declared tnat certain areas of the City be dasignated as Dlighted areas (the 'Blighted Area') pursuant to the Development Corporation Act of 1979, as amended, Article 5190.6, V.A.T.C.S, and the rules promulgated thereunder (the 'Act'); and WHEREAS, Dallas Drive Development Group, a general partnership, desires to finance, pursuant to tha Act, the construction of a facility containing approximately 30,000 square feet (which will be leased to third parties and will be used as a mixed-use building for office, retail and warehouse purposes) located at 1325 Dallas Drive in Denton, Texas (the 'Project'); and WHEREAS, the Project is located within ,x adjacent to the Blighted Area; and WHEREAS, the general public had an opportunity to make comments on the Project prior to the adoption of this Resoluttonj and WHEREAS, it is deemed necessary and advisable that this Resolution be adop'.ed. rHEREFORE, 3E Ir RESOLVED BY THE CITY COUNCIL OF rHE CITY OF DENTON rHAr: Section 1. The 'Loan Agreement oetween the City of Denton industrial Development Authority and Jailas Drive Jevelopment Group', in suDstantfaliy the form and suustance as attacned to this Resolution and made a part nereof for all purposes, is hereby approved, and the Bond in the principal amount of $1,200,000, may De issued pursuant thereto for the purpose of paying the cost of acquiring and constructing or causing to ba acquired and constructed the Project as defined and descrioed therein. Section 2. The 'Resolution Authorizing the Issuance of City of Denton Industrial Development Authority Bond, Series 1934 and the Execution of a Trust Indenture (Dallas Drive Development Group Project)', in substantially the form and suustance attacned to this Resolution and made as part nereof for all purposes, is hereby specifically approved, and the Bond may be issued as provided for therein. Section 3, The 'Guarantee Agreement between City of Denton Industrial Development Authority and G. E. Adami, John S. Adani, Ted L. Coe and James Shane' in substantir..ly the form and substance attacned to tnis Resolution and made a part nereof for all purposes, is nereDy approved. Section 4. The City hereby approves the issuance of the aforesaid tsond in the aggregate principal amount of $1,200,000 for Dallas Drive Development Group, and further approves the Project as described in the aforesaid Loan Agreement, and such approvals shall • be -alely for the purposes of Section 1031X1 of the Internal Revenr.e Code of 1954, as amended, and the Cit.1 shall have no liaoilities fur the payment of the Bond nor shall any of its assets be pledged to the payment of the Bond. City of Denton City Council Minutes Meeting of December 4, 1984 Page fourteen i Hopkins motion, Alford second that the resolution be approved. On coil call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' motion carried unanimously. B. The Council considered approval of a resolution regarding the use of land at Flow Memorial Hospital. Council Member Hopkins stated that the Council had discussed tnis item at a previous meeting. The following resolution was presented: A RESOLUTION by the ~.ity Council of the City of Denton, Texas, relating to certain covenants to be made by the city of Denton, texas, in connection with the construction, ownership, and operation by the Denton County-.icy of Denton, Texas, Hospital Board of a professional -,,edical office building adjacent to Flow Memorial Hospital. WHEREAS, the City Council of the City of Denton, Texas, and the Commissioners Court of Denton County, Texas, have heretofore provided for the free agent of the Denton County-City of Denton, Texas, Hospital Board, under the provisions of Article 4494i-1, Vernon's Texas Civil Statutes, and have charged said Board with the operation and management of Plow Memorial Hospital under the provisions of the aforesaid law; and WHEREAS, the said Board has determined that it is in the o ;t interest of Flow Memorial Hospital to construct, own, and operate a professional medical office building on property adjacent to the existing hospital facility, which property is currently owned by the City of Denton and Denton county; now, therefore, BE IT RESOLVED BY THE CITY COJNCIL OF THE CITY OF J4VTON, TEXAS: SECTION I: The City of Denton shall r'edicate for the construction and operation of a professional medr.:ai office .,sliding adjacent to Flow Memorial Hospital such real property as tee Denton County-City of Denton, 'Texas, Hospital Board snail reasonably request and shall enter into an agreement providing for the lease of .c a similar arrangement witn respect to such property to tae said Board or a separate entity established by the said Boar: on terms acceptable to the City of Denton and the said Board and sucn other related agreements, documents, and instruments 33 snail be necessary, advisable or appropriate. SECTION II. The City of Denton shall provide suc~t o_:ier aaslstai,ce as the Denton County-City of Denton, Texas, Hospital Board shall reasonably request and snail cooperate to the fullest extent possible In connection with the construction, financing, ownership and operation by the said Board or a separate entity established by the said Board of a professional medical office building adjacent to Flow Memorial Hospital. Riddlesperger motion, Cnew second that the resolution t,? approved. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stepiiens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. C. The Council considered approval of a resolution authorizing the City of Denton to apply to the Texas Rental Rehabilitation Program Fund for federal funds for rehabilitation of privately owned rental property. Elizabeth Evans, Community Development Coordinator, reported that the resolution was requited for the city to apply to the state for $105,000 in funds. City of Denton City Council Minutes Meeting of December 4, 1984 Page Fifteen Tne following resolution was presented: R E S 0 L U 'T I O N WHEREAS, it is necessary for the Council of the City of Denton to authorize the scbmission of an application to the Texas Rental Rehabilitation Program Fund for a federal funds; and WHEREAS, the City of Denton is eligible to receive such funds and desires to apply for federal funds administered by the Texas Rental Rehabilitation Program Funds and WHEREAS, the City of Denton, as an entitlement City, nos ,,repared a program for utilizing its share of the fund for rehabilitation of privately owned rental property to be useL primarily for residential rental purposes in the amount of 51.1'6,000; and WHEREAS, the City of Denton desires these funds to support the rehabilitation of privately owned rental property; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL, OF THE CITY OF DENTON, TEXAS: SECTION I. That the City o u n C i I of the City of Denton, Texas authorizes the City Manager to sign and submit to the Texas Rental Rehabilitation Proyidm Fund a grant application and appropriate assurances for entitlement funds under the Housing and Com,nunity Development Act of 1974, as amended. SECTION II. That the City Council of the City of Denton, Texas sathorizes the City Manager to handle all fiscal and administrative ,%-'ters related to the application and the assurances required therefore. SECTION III. That the City Secretary is hereby authorized to forward a certified copy of this Resolution to the Department of Housing and Urban Development. PASSED AND APPROVED this the 4th day of Decenber, 1984. RICHAhD 0. S174ARr, MAYOR CITY OF DENTON', TEXAS Ar;ESr: CHARLOTTE AL%EN, CITY SECRETARY CITY OF )E.4rO:4j TEXAS APPROVED AS 10 LEGAL FORK: JOE J. MURRIS, A~TIII„ CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams notion, Riddlesperger second that the resolution be approved. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayot • Stewart 'aye.' Motion carried unanimously. City of Denton City Council Minutes Meeting of December 4, 1984 Page Sixteen 7. The Council considered approval of Change order 1i to Bid 19249 for capital improvement Plan project #84-W-21 and 84-5-12 to replace Panhandle water and wastewater lines. Bob Nelson, Director of Utilities, reported that the contractor for the Panhandle project had requestee, an extension of approximately 40 days to complete the project. .ouncil Member Stephens asked when would be the completion date. Nelson responded the water and wastewater lines would be completed by the end of December. Drainage improvements would still have to be done. Riddlesperger motion, McAdams second to approve the Change Order. Motion carried unanimously. 8. the Council considered approval of a request for pro rata agreement for a 10 inch sanitary sewer line with Weston Development Corporation, developers of Bellaire Hei9htsr Phase III. Bob Nelson, Directot of Utilities, reported that tie 10 incn sanitary sewer line would be approximately 1500 feet in length and the developer would pay the entire cost. Stephens motion, Hopkins second to approve the pro rata agreement with Weston Development Corporation. Motion carried unanimously. 9. The Council considered disposition of request of 7enton County Mental Health Centers, Inc. for a specific use permit at 1120 Frame Street to permit the operation of a halfway house. S-182 Denise Spivey, Development Review Planner, reported that this was an issue which needed to be resolved. The Denton County Mental Health centers had purchased some property to be used as a half-ray house and had felt that the use met the criteria for a group home. The use had been established when the neighbors began to complain to staff. Staff had investigated and had asked the Denton County Mental Health Centers to petition for a specific use per,miz. The Planning and Zoning Commission requested a City Attorney's opinion. The City Attorney's opinion was that a half-way house was legally nct a group home. The Planning and Zoning Commission had taken no action on the request for the specific use permit. Council Member McAdams stated that, in light of the extensive legal opinion which had been rendered by the City Attorney, she felt the appropriate course to take was to take no action and let the request die. No action was taken. 10. There was no official action on Executive Session items of legal matters, reai estate, personnel, or board appointments. 11. The follcwing items of new business were suggested by Council Members for future agendas: 1. Council Member Riddlesperger requested an ordinance to limit the use of lawns and streets for storage of cars and boats. 2. Council Ftember Stephens asked for a staff report on whether the best interests of the city would be better served by annexing large parcels as opposed to smaller parcels. With no further business, the meeting was adjourned. RICHARD 0. STEWArT, MAYOR CHARLOTTE ALLEN, CITY SECRETARY 0560] . k . 1 City Council Minutes December It, 1994 The council convened into the Special Called Meeting at 5:00 p.m. in the City Manager's Conference Room. PRESENT: Mayor Stewart; Mayor Pro Tem Chew; Council Members Alford, Hopkins, McAdams, Riddlesperger, and Stephens City Manager, Acting City Attorney and City Secretary ABSENT: None 1. the Council met in Executive Session to discuss personnel and board appointments. No official action was taken. RICHARD 0. STEWART, MAIOR i TUM ALLEN, 'SE nT-(i RS • t • 1620C DATES 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 Planning and Zoning commission recommends approval. SUMMARY: 1. Preliminary plat of Burke-Saunders Addition 2. Preliminary replat of Haywood Addition 3. Preliminary plat of Teasley Square Addition 4. Final replat of Veterans Addition 5. Preliminary plat of Alvin and Charlotte Whaley Addition BACKGROUND: The above named plate and replats have been examined by the Development Review Committee and considered by the Planning and Zoning Commission. The plats and replats conform to the minimum requirements contained in the Denton Subdivision and Land Development Regulations. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not Applicable FISCAL IMPACT: Not Applicable Respect' 1 &Wz4 G. Chris Hartung City Manager Prepared by: (7 Harry P scud Development Review Planner Approved: AA-0 ~ -k MonL- Je f f Director of Planning and Community Development 0544) CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: January 8, 1985 SUBJECT: Approval of the preliminary plat of Burke- Saunders Addition C&IMARY: This is a tract of 0.2824 acres situated west of and abutting Avenue B, and north of Underwood Street and more fully described as Block 1, Lot 1, in the E. Puchalski Survey Abstract Number 99b, City of Denton. The tract is zoned residential multi-family (MF-2) and multi-family development is anticipated. Water, sanitary sewer, electric and telephone services and facilities are adequate and avail- able. There is need for perimeter street paving including curb and gutter to be provided along 100 feet of frontage on Avenue B. The developer has requested a waiver of these requirements. Under Art. III 4.03 para H. 2b, the Planning and Zoning Commission may either waive or postpone this requirement. The Commission considered a request for a waiver but felt perimeter street requirements should be met at this time. AC'rION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and 'Lonin~ Commission recommends approval of the preliminary plat of the Burke- Saunders Addition subject to the condition that perimeter street paving requirements be pro- vided. ALTERNATIVES: Approval or denial of the preliminary plat. with or without condition ATTAC1411h:NT: Reduced preliminary plat ff-arry rsauc Development Review Planner 05441 N w, 1 m~ Id ip i C3 iw oa ~ ~ ~ y `g _ Q r fill, am ti~~` ~ ~ I a N ~ N T ii • ' r~•~:"1'.--•_.~.r L~~I-gyp 1 ii I I a 01- CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: January 8, 1985 SUBJECT: Approval of the preliminary 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 Blvd. and being a replat of Lots 5 and b, Block 332,College Addition. The site is zoned multi- family (MF-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 sewer, water, electric, telephone and commercial solid waste services are adequate and available. The preliminary replat conforms to the minimum requirements of the Denton Sub- division and Land Development Regulations. ACTION REQUIRED: Approval of the preliminary replat RECOMMENDATION: The Planning and Zoning commission recommends approval of the preliminary replat of Haywood Addition Lot 1, Block 1. ALTERNATIVES: Approval or denial of the preliminary replat ATTACHMENT: Reduced preliminary replat Harry reaud Development Rev;.ew Planner 0544] .r h..- SYCAMOM y. .././a. • _ M .n 11 r l111a► \ \ ASO 1 rnlr.Iwi.vr \ /r/I.r uwewr w,.ll.//.r•v.1 IYAp' tot 1, KO" 1 M revoc AMT100t ■Ilr M.rrwnrwmal/v/ , ~ I i r LOT $ l i .wrlP ..wr . { J PRELIMINARY REPLAT 1 P LOT +e uq 1I6 t.N. P7t,Gi►1C AM LotA ~1.1M•I....r.w. a+.. HAYWOOD _ ADDITP1+I LA \rwM 41H14.MN~1ha 641<4 +nat: I ~ 11. MI //w11 .1 M wM11 W ! t...+. .•.t. 11 . '1 n...11. PAUL 141/1/000 crec.cAlulett aMtoKnuu sot-As,s+ BURKE ENGINEERING sAIAM IUAKk P.L gale". 11.1"a COMtUttlMo Cf"L 1461"M MM..w Y111./i w • NM CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: January 8. 1985 SUBJECT: Approval of the preliminary plat of Teasley Square Addition SUMMARY: This is a tract of 1.451 acres situated west of and abutting Teasley Lane and nacth 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 limitrd at this location and is to be upgraded undez 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. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning ar,d zoning Commission recommends approval of the preliminary plat of Teasley Square Addition subject to the condition that developments on the site shall be limited to "dry type" uses until the sanitary sewer capacity is upgraded. ALTERNATIVES: Approval or denial of the preliminary plat ATTACHMENT: Reduced preliminary plat Harry ersaud Development Review Planner 0544] rt , ,I ' ` n.Nl• r v V\~inr I f LQG11g/1rn Yc1i1 RAF- ?,Wt Doclt._~ . !r\IRr9tn ! •I 1048 a ~ ~ ~ ~ \•y I f A• 777'IS Iu 41 1 P r 11 r ~ I II I' {I M 111' 7 [1+1 M I I I i I M~ n\elr~l ar~rlrpei lac iyhf \,r.•w r, ' ~ ~ Mil IIMH t 1' jd FULN-00"l-qAt ~,_.iNor Z t..S,~J_RGR~S_ti ~lNC ~ s. Jueeer~~imYt r. _Ite s e. V11 Qr_ CENlQtl. DISTO CWNLY. JUAS alcl ARO DQWLf1.14C.__ _ _ CINCIL fir;' 4 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: January 8, 1985 SUBJECT: Approval of the final replat of Veterans Addition, Lots 4A and 4B SUMMRY: This is a tract of 0.367 acres situated north of and abutting r,indsey Street and west of and abutting McCormick Street and being a replat of Lot 4, Revised Veterans Addition, Tompkins Survey Abstract #A-1246. This site is zoned residential (SF-7) and the purpose of the replat is to create another single family residential lot. Water, sewer, electric and telephone services and facilities are adequate and available. There is nsad for a sidewalk to be provided along McCormick Street. The final replat conforms to the requirements of the Denton Subdivision and Land Development Regulations. ACTION REQUIRED: Approval of the final replat RECOMMENDATION: The Planning and Zoning Commission recommends approval of Veterans Addition, Lots 4A and 4B. ALTERNATIVES: Approval or denial of the final replat ATTACHMENT: Reduced final replat Harry reaud Development Review Planner 0544] STATL Or Mr,Al LOT as CMVTT or DUMN WIMAKAS, Jolm Jelmson is tM evner of a tract of taw: to the A.M. 1. T,s,o►1ns Novel. Afel lovNtncst thatar Wt. Centm County. Total, and brly rrtt particularly dretrtHd as ~ y MOaTO too-0' _•m "'w- All that corals O.Jts oere tract of Farces of tend situated 'r t' • 4.1 t. Toerltna Curvq, A►strett Mosier 1111. Out Lehr ail of tat A to the Revlsev tetrwees 14NOtim. . s reeneded to Volume TU, pre Deed Records, [hrtm County, Taae$. and its" a t testa of tend alww,e ►y died to John .lolaeoo. re ear dad to Volume LatT, rays Ape of atf bMa tew.eat tM Deed tecerlc of sentee County. Taws and ►olnr care rectteularly dotetI eel as [allows, vat TAO. NI n toiler in for the sate tat tunsen of t►te tract at an if" tPLO, towel, `fe the *at N ut comer 1~ Lot 1 late aNltlos. said the lt~ VKIRfn to at C{-v l nterIr steeds et ter was riRht•aL•ray Of t* IleCerwtel. ltrwt end tM rwrU elfhe-ll-w•ay e[ L1ylsoy Rer►rt o tl fi Th"Co Veit pith sold nets riflt-01-may 1 dfltenee et Iff.H[ feet to an lave! pia. It r 16 rand. the swtM►at COME of Cot 1 1610 addition, tot the doathvert Congo a thla LOT dal K LOCATION MAP / if act; ease' h!eII n nomArd north with the east It" of said tat as A dtstonce of 100.00 (sot to en or "I 0.100 V- I to concrete, fee the northwest terser of this lets f/lece USE pity o Leese led the rwtY Ions eL tat 7 olff aNstlvee, a 1lstarN of ! 110.00 foot it o01 11001 ttA. IOWA la 6 d rest rtfht•ef•wy. Lee she Aert Meat Corner of this tracer *t IOOA sus y Thence /oath ritY oa[d wool ptRht•ef•wy a Neunes of 100.01 felt is Nlot of WLwl r I a0attl t00.0 1 • MV. TM[U?M. rNM AU MITI 11 TRUC LWrJRt, _ IMAt, JoIM Jsbam, foes Mrt►r Maya e/tf plot Metreltoqq tN MrrlA desa fled An"t ol ! Leta M old ti, Revised Materane AMtttw to the CteL of lawwtsa. Oeatm Croat Ina and dots herAy fedltate to the ry6111 ua0 forever the streets red ws►ente far the LOT T '0 s{ purpose and emolGarett/e tgemod Mrete. i f ~ RAT 4 A ems- I Stan Or TEW 0. Of At F j i before M, the muecel .N ae Ur Mlle to red for sold Two it feels m this derr JT• IN Nreoe whet naer is aatetel►rd ~a tee foul!s n0 inatrwwe am eelnertedR to me that he ereewted tM low for th ~fe- Wepsrs Itn7 tan hlderolima turvis *"tested and to the eommiti Ueral6 stated W4 1 L -rik ~I rR a L7~ fnFlxi 1•tTt: TY.aii Ceawfollm aspires Cm r0, a~Q' 00uTM t000' NW. T1.1121PORC, tPOY ALL 11.111 IT 1114M RIItStARO, • 1 That 1, Stanford Maultran Tom Asltotered Public turayer a. 1111 do hers? Coldly that able Itu rSS lplasoI free on actual and I mote wr+w ne4e 0A eft Trowel of i lha 1a,d and chat thtfeen plot of corners shown Mrtoe wso ►.oted At fmw•d W402 at f auprvlatm or dtrvttlum ( --Me CORI/ICIf ETREEt-- 4dI1Aet w U aoweohoe u ~k TotT rr- ar r.- - - t Tetoo Mrlsto ad Mlle fwrnyer Ira. 1111 K t /r1 A t~fl"A ~A 1111 ROTE 4A 0" 4E 4 0A . "Um MneL6 l►AS A0011 VETERAN! 10N 1Na1 a 00W of tAT 4, II[YT1t0 WitllANt AOOIT1011. M is 0* ARL T1 "mm lylvetT A- 1144 ",nRAME A0011I00. WE ds souMTT a Othl". near M'lnRL~ .1~J1.1--S.Y N,e,M t.a. CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: January 8, 1985 SUBJECT: Approval of the preliminary plat of Alvin & Charlotte Whaley Addition SUMMARY: This is a tract of 3.688 acres situated north of and abutting US Hwy 380, east of I-35N and shown on the Francis Batson Survey Abstract #43. City of Denton. The site is zoned commercial (C) and motel development is anticipated. The existing water flow of 2,000 g.p.m. is far in excess of the required 750 g.p.m. Sanitary sewer capacity is limited at this location and it is to be upgraded by June 1985. Telephone, electric and commercial solid waste services are adequate and available. Pro rata charge of $4,117.00 to be paid on existing water lines. ACTION REQUIRED: Approval of the preliminary replat RECOMMENDATION: The Planning and Zoning commission recommends approval of the preliminary plat of Alvin & Charlotte Whaley Addition subject to the condition that the development will connect to the sanitary sewer after the system is upgraded in June 1985. ALTERNATIVES: Approval or denial of the preliminary plat ATTACHMENT: Redi,^ed preliminary plat Harry ersaud Development Review Planner 0544] 1 4,,q ~ sOt S' 141 io <a~fr prt{ r C: Yi ~1 rJ rDate r rim %r4 l IIr1 1 fd' MIT .uelr1 MAT MnJr611 \ t 1 IMLOCM 1 #At. F N N r1 ~ + t 'r s 1 VM J~ d5 \ Jam, ~ 7 0001 %TORI INICII >oa OWNER I DEVELZIPER N KLVIM HICKORY 101 N HICKORY Ls D rTON, TEXAS - -i.nrno-a'ZY%-' tI-- ♦n 1- Lrwe-or•1'1.n,1«e- - III 1%1!11140 Cn. UNIVERSITY DRIVE U. S. HWY. 380 ' lrelAeL1 ■101■ w 0 L t ' IRA,/)If SAN $OR 1 MAIJO 1 1140 i O. •YAY '-0_ hlurilur 0.11 it 1 r r~r Y cIC~-. r~ wrNw' LOT I, BLOCN 1 '"--'~.-t' - - MrtLIMn1.LnT RAT ALf ALVIN AND CHAR:OTTE WHALEY ADDITION ALw14 /Mr tnleLOru N ICALf I'. Iwo LE ="X~ NiM 61114. OY1 01 TML /II ICII e1flOA Wblr i11fIM• 11 , s11Lae. lPM AeW a Aee0C1 . NrrMM11 NI.NYI 4 ?q DATE: 1/8/85 CITY COUNCIL REPORT FORMkT • TO., mayor and members of the City Council ~ FROM. G. Chris Hartung, City Manager SUBJECT: ZONING CASE Z-1711 RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of November 28, 1984 Motion for approval failed-3-4. No motion for denial was made; therefore, Z-1711 is forwarded to City Council with no recommendation from the Planning and Zoning Commission. SUMMARY: This 75,000 square foot tract located at the northwest corner of Malone and Sena Street is the subject of a change in toning request from the single family (SF-7) district to the multi-family (HF-1) Classification. BACKGROUND: The site is located in a low intensity area and the overall standard will not be violated by this standard. This request does not conform to Denton Development Guide policies of preservation of existing housing stock and low to moderate income housing. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: There is no impact on the general fund. Respectfu ly bmit ed- G. Chris Hartung City manager Prepared by- Sp Denise i ey Development Review Planner Approved: Je Director of Planning and Community Dev6lopment 09398 PLANNING AND ZONING COMMISSION REPORT TO THE CITY COUNCIL Denton city council FTo.-_ Case No.: Z-1711 Meeting Date: January 8, 1965 GENERAL INFORMATION Applicant: Dale Irwin 419 S. Carroll. Denton, Tx. 76201 Requested Action: Change in zoning from single family (SF-7) to the multi.-family (MF-1) classification Purpose: Apartment Construction Location and Size: A 75,000 square foot tract located at 1 the northwest corner of Malone Street and Sena Street. The site Is more particularly described as 601, 615. 701, and 705 Malone Street. i Existing Land Use: Single family residential Surrounding Land Use and Zoning: North - Single family residential, doctors office: SF-7, 0 South - Dance studio, medical offices; 5-39, 0 East - Single family residential; SF-7 West - Single family residential: SF-7 Denton Development Guide: Area is designated low intensity. SPECIAL INFORMATION Drainage: This site is on the edge of a major flood plain. Drainage in this area will be greatly improved by the Panhandle Drainage Project currently in progress. (Case N Z-1711) Page Two SPECIAL INFORMATION (Continued) Transportation: This site has frontage on Malone Street designated as a collector street by the Thoroughfare Plan. A sidewalk is needed along Malone Street. This tract also has frontage on Sena, an improved residential street with 50 feet of right-of-way. Public Utilities: An 811 water line and an 8" sewer line are located in Malone Street. These lines have adequate capacity to serve the proposed development. Electric, g48. and telephone services are available to this sitr.. ANALYSIS FThis silo is located in a low intensity area. The overall sity/intensity standard is not violated due to the large amount of single family (SF-7 and SF-10) development in the area. The most significant issue in this case is the Denton Development Guide policy of preserving existing housing stock. A currently occupied house is located on each of these four lote. The Development Guide also makes the preservation of low to moderate income housing a priority. The following is specifically stated in the Denton Development Guide: "In review of zoning, sub- division, City budget Capital Improvement Program Planning and other similar decision points priority will be given to older existing neighborhoods to insure and put the neighborhood and public on notice that zoning stability will be maintained, sub- divisions and housing redevelopment will be encouraged and public funds will have a priority to these areas over newly expanding areas." Following are some additional reasons for the preservation of existing housing stock and neighborhoods: 1. Existing older housing is the only affordable alternative for many people. 2. Low income people (including renters) should have the same protection of their quality of life as other residents. This includes protection from traffic, noise, privacy and their home property values. (Case # Z-1711) Page Throe ANALYSIS CONT. 3. Public action is one majo, cause of neighborhood decline. i Actions such as changing zoning patterns can perpetuates neighborhood decline. The Denton Development Guide states that small scattered apartment sites may be permitted in low intensity areas if certain factors such as sufficient green space anI recreational facilities and 6trict site design control are provided. Unfortunately, these amenities can only be guaranteed through a planned development zoning procedure and the City of Denton Zoning Urdinance specifies that housing developments must be at least three acres in size to qualify as a planned development: this site is only two acres in size and therefore is ineligible for planned development consideration. RECOMMENDATION Motion for approval failed 3-4. No motion for denial was made; therefore, Z-1711 is forwarded to the City Council with no recommendation from the Planning and Zoning Commission. ALTERNATIVES I 1. bany petition. 2. Approve petition. ATTACHMENTS 1. Map 2. Reply form totals 3. Property owner list 4. Planning and Zoning Commission minutes 0953a LNIOEN I-~. _I L~ J._,_L ~_.1_~l ~._1 l~ l I l • 1 i- -ww •ri wl. wn n'n" 'un n7. T,:' tNtDCN K K 14 IS K II a t 7 1 • 1 ` t q R p -IS M b K h K N I! q q ~ K IT K N I 1 - I t =4 ! Tf 1 2 S L T ! • 1 I I t • S • / • 1 t l t J ! • T • f~ titiT" r r~ w r +r' tr . _Y .=L.. *tE Q a OADWAY w■ r• IM w r~ Mt Mt • Ih n• u. r ~;4L r • • r • 'air p. 00 5-t.1ri • M }0 • f A ri w k /d' f qq it 11 $0 1 1 S 4 a j t t T • r r w w w 4_ ..1 r _ PANHANDLE a II tf t-T r CROW i ! ! 4 • • f t ! q II I t ! 4 t_ w a -t of 43 1 bi irl ol: -j I I F, 'e- mi a Iw • .tl t0 M K O K N IS IS 24 tt fl n t! K r 40QF • 1 .x ZM171 1 EGAN lit a • 1 i t s • ! t t of • a •i ! 11 t 1 t N •4 ! • ■ at r w ! . KNA 1 a ! • ' 1 w w I Wiwi w wi 4 I I ! II 1 ! I • / • • a N K q M II 11 1.1 14 I ■ w ~ r w R,w CONORElt O -W ■ Alt- x. w_. % r .M w a L • t ItMU4 • tiMU4 •N- Sit of l•I I bI11S11 t• ry "rN ti I !.f 3 • INW It ! 4a1 FLOW MEV7N41 HOMIAl 24 ft tl,l ti !0 M N h N S 41 111 111 ! a 11 rA Y N M !t ~ 1 f ~ ~ I t• r f 3 • / --M .!I._ _.._r. _ f 1 f MIS lNlw !11 tr. r 111 N{ f AMA) 4 PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1711 IN FAVOR IN OPPOSITION UNDECIDED Martino Realty James & Margaret Schulze P. 0. Box 2306 2119 Scripture Denton, TX Denton, TX 382-2531 382-3122 John H. Wells Elizabeth Morrison 518 Gober 1804 Crescent Denton, TX Denton, TX 387-1247 Teddy Palmore 601 Malone LaCola H. Barlow Denton, TX 1913 Malone 382-2656 Denton, TX / 362-2726 Bob Vestal 1022 Congress M. E. & Mary Payne Denton, TX 2111 Scripture 382-6897 Denton, TX P%A =j l !L ? r , IVAC Aw, '.ILL J i' 'I rl N ~ ! t C if. la c+ I' J. (1 i LIZ: i . It T rte. ~ll,L , i 1 1 1 ~ f ► f, Ll n t, ~ r , . ~c r //A'yr' ( /J'r r~'(rl '~~A~' r, 1'i ~Jrl•d ~A ~t ~ ~ ~ ~ 1.7 n1 ~'rr~ ~r'n 1t 1C / r ' ' ~ ~ lJfrl fl r.._ a... r ♦ !Y ~ , .i { t • ~ r ~ r` I~ ~ r ~ ~ I z 1 1 1~ ;`an 1 1 3 ~ VA. 7 1 Y ~ 7 1 Planning and Zoning Commission Minutes (November 28, 1984) III. Public Hearings A. Z-1711. (UNAPPROVED) This is the petition of Dale Erwin requesting a change in zoning from a single family (SF-7) classification to the multi-family (MV-1) district at 601, 615, 701 and 705 Malone Street. The property is more particularly described as Lots 1 and 2, Block 21 of the Wright Addition. 14s. Spivey stated there were 38 reply forms mailed to property ownersi 10 were returned in favor and 5 in opposition. Mr. Dale Erwin stated for clarification, this petition involves four individually owned lots, and his name was on the petition merely to save filing fees. He gave the names of the owners of the other lots and the sites of the lots and added he feels they are adequate to serve 10 to 12 apartments per lot; and would best serve in that way as opposed to rent property with older houses built in the late 20's and early 30's. He described the surrounding land uses and stated must is rent property. HL quoted Mr. Jeff Meyer, Director of the Planning and Community Development Department as speaking to the Apartment Association, 'Ue need more apartments in Denton.' Mr. Erwin continued, not everyone wants to live in the Teasley Lane area. The property in question we feel, could better be served to allow more people to live here. Most of the property owners in the area are in favor of the petition. On question from Mr. Claiborne, Mr. Erwin answered 10 to 12 apartments could be built on each lot. Ms. Hall, owner of one of the lots, stated she is a progressive and optimistic person, and she is for progression in Dent,'ln. She stated she has lived in Denton for 35 years and would like to see this neighborhood upgraded. She stated she feels this would be a step in the right direction as this is a substandard neighborhood. She stated she has spent a great deal of money to keep her property upgraded. On question from Mr. Sidor, Ms. Hall answered yes, eventually, she would like to see it torn down. Mr. Ted Palsnore, owner of Lots 3 and 41 stated he has owned these lots for four years. He stated there is a lot of P&Z Minutes November 280 1984 Page 2 commercial property surrounding this property. He stated he would like to upgrade the area as he also feels there is a lot of substandard housing in the area. He stated he has spent $10,000 plus to level, rewire, replumb and reroo' his tiouse. He stated the house is uninsulated and has 3 X 5 foot windows all the way around the house, which was built in 1911. He stated he feels it would be better to start all over again with something new. Mr. R. W. Thornton, owner of the property at 701 Malone, stated he helped his parents move from this home earlier this year. He stated he got his property in trade, which needs repair to the foundation. He stated his house doesn't have insulation and lie would like to have some income from the property. He added these are four separate offers and we (the owners) are not trying to do anything together to sell the property. In opposition, Mr. Roy Croftmore, a property owner on Sena Street, stated if approved, this would allow for approxi- mately 68 apartment units. He stated as a homeowner, this would bother him as he feels it would devalue his property and he feels this is a nice place to live. He agreed there is a need for inure apartments as well as middle to lower income housing. He stated his main concern is the traffic that would increase if 40 to 60 apartments are allowed to be built there. 14s. Spivey stated this site is located in a low intensity area. The overall density/intensity standard is not violated due to the large amount of single family (SF-7, SF-10) development in the area. She stated the most significant issue in this case is the Denton Development Guide policy of preserving existing housing stock. A currently occupied house is located on each of these four lots. The Denton Development Guide also makes the preser- vation of low to moderate income housing a priority. She stated existing older housing is the only affordable alterna- tive for many people and the low income people (including renters) shuuld have the same protection of their quality of life as other residents. This includes protection from traffic, noise, privacy and their home property values. She continued the Development Guide states that small scattered apartment sites may be permitted in low intensity areas if certain factors such as sufficient green space and recrea- tional facilities and strict site design control are pro- vided. She stated these amenities can only be guaranteed through a planned development zoning procedure and the City of Denton zoning ordinance specifies that housing develop- ments must be at least three acres in size to qualify as a planned development: this site is only two acres in size and, tnerefore, is ineligible for planned development consideration. Staff recommends denial of Z-1711. P&Z Minutes November 28, 1984 Page 3 On question from Mr. Laforte, Ms. Spivey stated two-family would be more desirable than multi-family. She added since the properties are contiguous, that's the reason for one request. On question from Mr. Pearson, Ms. Spivey atated this zoning casE %jould not exclude the replatting process. Replatting would apply only if they wanted to build over the existing lot lines. Mr. Ellison added this would further encroach this area and staff would ask Commission to consider the whole area and not just these four lots. Mr. Erwin stated there could be no more than 12 two bedroom apartments on any one lot. He agreed there would be more traffic, but there will be more traffic in Denton anyway. He added Malone and Sena Streets are both wide paved streets and can handle the traffic. He stated he doesn't feel the City can dictate to him or the other property owners that they have to maintain a 50 year old house and service living quarters for one when they could have 10 or 12. 14s. Hall stated her interests are in a duplex for her property. Mr. Thornton stated ne has no plans at all to sell to a one owner developer. Mr. Palmore stated he had never thought in terms of 12 units and added he nas no immediate plans. Chair declared the public hearing closed. Mr. Laforte commented he would be in favor if petitioner had requested two family. He added to intended to vote against the proposal. Mr. Juren commented in respect of the City controlling large pieces of land instead of being developed piecemeal and due to the fact that diversified housing is encouraged in all areas of the City, he plans to vote for the proposal. Mr. Sidor commented tie believes in the preservation of older neighborhoods. However, in this case it doesn't seem likely one would tear these houses down and build a single family home. He further commented he is not in favor of multi- family zoning in this area. Mr. Juren made a motion to recommend approval of Z-1711. Seconded by Mr. Pearson. P&Z Minutes November 28, 1984 Page 4 Mr. Pearson commented there is little possibility given the surrounding area these structures would be replaced with newer single family structures; on the other hand, we are su posed to protect the older housing stuck. He stated weighing the pros and cons, he intends to vote for the proposal. Mr. Juren added, in trying to save the neighborhood, he feels this would be breathing new life back into the neighborhood. On question from Mr. Sidor, Mr. Ellison answered no, the Commission could not set a limit of two-story structure heighth. Vote was called and motion failed 3 to 4. (Mr. Claiborne, Ms. Cole, Mr. Escue and Mr. Laforte voted no.) IV, Considerations C. Recommend approval of sanitary service outside of the city limits for truck stop on west side of I-35£ and Hwy 77 (Old Skelly Truck Stop). Mr. Rumfield stated this request is by Fields, Edwards and Associates for sanitary sewer service for a truck stop at the corner of I-35E and Hwy 17 on the west side. He stated the property is partially in the city limits. He stated this new truck stop and restaurant are presently in operation and sewage is being stored in a holding tank. He added toe County Heal' .•h Department and our Municipal Laboratory considered this situation unsanitary and dangerous. HQ stated the service would be provided by the developer by constructing a lift station and forced main under 1-35 and tyin3 into the lift station at Union 76 :ruck Stop on the east side of I-35 and Hwy 77. He added all facilities constructed would become City owned and operated and the Pu)lic Utilities Board recommends that this truck stop and restaurant be allowed to tie onto the City of Denton sewer service and that the area of applicant property not presently in the Denton city limits be considered for annexation. Mr. Sidor made a motion to recommend approval of sanitary sewer service outside the city limits for truck stop on west Bide of I-35£ and Hwy 77 (Old Skelly Truck Stop). Seconded by Ms, Cole and unanimously carried 7-0. 09439 DATE: 1/8/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: PETITION FOR ZONING CHANGE Z-1713 RECOMMENDATION: The Planning and Zoning Commission toted 7-0 to recommend approval subject to conditions attached. SUMMARY: The petitioner is requesting a change in the current zoning classi- fication from agricultural (A) to light industrial (LI) on a tract of 1.53 acres situated south of US Hwy 380 and commencing 1,140 feet east of Meech Branch Road. QACKGROUND: The proposal is consistent with the Denton Development Guide policies and future development on the site will be controlled by the Denton Municipal Airport Zoning Ordinance (Order 81-1). PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL 'MPACT: Not applicable Respectfully submitted- • /S 9 07Chris Hartung City Manager Prepared by: Harry N. ersaud Development Review Planner Approved: Jeff Me Director o Planni g and Community Development 0971a PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL - TO: Denton City Council Case No.: Z-1713 Meeting Date: January 8, 198__--~ GENERAL INFORMI.TION Applicant: Gunter Knight for Knight & Miller Status of Applicants Developers Requested Action: A change of zoning classification from agricultural (A) to light industrial (LI). Location and Sizes Approximately 1.530 acres situated south of US Hwy 380 and commencing approximately 1,140 feet east of Masch Branch Road Existing Land Uses Agriculture (A) vacant Surrounding Land Use and Zoning: North - Agriculture, vacant; A South - Agriculture, vacant; A East - Agriculture, vacant; A West - General retail, vacant, agriculture; GR, A Denton Development Guide: Site is located in a moderate activity center. - - - - to •i • ...n., v .q u.. 4 - (Case #a-1713) Page 2 SPECIAL INFORMATION - - Utilities3 Light industrial uses require 3,000 g.p.m. The existing 12" diameter water line has a capacity of 2,477 g.p.m. Water capacity is to be upgraded by June of 1985. A new sewer line will be installed to serve this area by June 1985. Pro rata charges will be required on both water and sewer lines. Drainage: The site is located on top of a hill. Culverts are to be provided along US Hwy 380. Transportation: The site abutts US Hwy 380 which is designated a primary major arterial on the Denton Thoroughfar Plan. Limited access to be allowec to US Hwy 380. ANALYSIS The proposed zoning change from agriculture (A) to light industrial (LI) zoning classification is consistent with the Denton Development Guide policies. Land Use-Diversity The Development Guide allows for flexibility in the "many mixes of land uses" within rioderate intensity centers. The primary objective is to achieve diversity within a community unit, which generate a moderate intensity not to ex:eed 250 trips per day per gross acre. The size of moderate intensity areas may vary depending on the actual mixture of land uses which takes place. For example, commercial land uses which generate higher intensities will result in a smaller size center, whereas parks and government buildings with relatively low intensities will spread over a larger area. (Case #Z-1713) Page 3 ANALYSIS (Continued) F The larger part of this moderate activity center is currently zoned agricultural (A) and relatively undeveloped at this time. The intensities tased on existing land use and coning is far below planned capacity. This moderate activity center of approximately 600 acres, could well accommodate approxi- mately 96 acres of light industrial development. The site is located within the controlled area as defined by the Airport Zoning Act t d the use and development of land in this area is regulated by the Denton Municipal Airport Zoning Ordinance (Order 81-1). Land Use Compatibili~ According to the "Airport Height Hazard and Land Use Zoning in Texas" (Texas Aeronautics Commission, 1982) this site is located within zone #1 - zone of minimal effect within the range of 90-100 CNR (Composite noise rating is an accepted methodology for assessing the severity of noise impact). Light industrial development is permitted within this zone and sound control measures may be considered in building design. Maximum Building_Height This site is within the approach zone of the Municipal Airport and it is located approximately 7,000 feet north of the northern extremity of the runway. Section 4 of the Municipal Airport Zoning Ordinance limits the height of j buildings to one foot for every 50 feet of horizontal 1 distance. Considering that the site is approximately 32 feet higher in elevation than the runway the maximum building I height to be permitted on the site is 108 feet. RECOMMENDATION The Planning and Zoning Commission considered Z-1713 at-their- December 12,,neeting and voted to recommend approval with the following conditions: 1, That building height shall not exceed 108 feet. - (Case #Z-1713) Page 4 RECOMMENDATION (Continued) 2. That the provisions of section 5 and 7 of the Municipal Airport Ordinance shall be applicable to the future development and use of the site. 3. That the owner of the land, buildings and appurte- nances will allow the City Manager to install, operate and maintain at the expense of the City of Denton such workings and lighting fixtures as may be necessary. L - - - ALTERNATIVES 1. Approve with or without conditions 2. Denial of zoning request ATTACHMENTS 1. Hap 2, Reply Form Totals 3. Property Owner List 4. Minutes of Planning and Zoninp Commission meeting Flarry Nl Persaud- Development Review Planner 0971a i 1 M + N .1~ • r~ ,.•ri may, L l1 ! . ` s. MI do! Rd, l E ` H A+nt q Slur Mound » l4 • , Yjr ` E -UL a Aa' a Q • at . J ups: J ~ ~flt~Q RadreAr ~Rd 111oreti t .e ' t{ race A fld ~J t ' m ! ' fr o° Sofrnold Rd. . € • DEN :1 IF c t v; detAson Rd 1• . a t • 1 l rA=_.~• O` cad ' : Fir r, `Q . • I V A! [ G y1 1 W_ em w hot IMP jd~ T . t ( a ' 1~Etit.~ • - i ff 1iA aQA1 t f ' Jr., go- It tom 'Coil lid p 0 rig ce Art 1 _ CST Cv rye. ► f {''it lern ~i .0 v I,_ Joe 4k 0 LIV Ft 11 fu o•` % rr 1 1~ I ' a ;E, • . f 1■ . r~ 0. ~ a~• r Ylrrt nn• l ~ ` C~ !r • ~ I r- ~ ~ • • S't. at ti~ t r r 111 It Or It - At 1.4 r turRd •Rd d 4 • ~ . r ~ r ~ a. c. r•~F _ ,r IQ N zim L.... t.. .«a..,. ..y... . . ~ . ♦...rf~..t. ..eJ~ S. L~aad.a.w~ '-.1~..~.r ~....✓_-....ie~i PROPERTY OWNER REPLY FORMS CITY COUNCIL 2-1713 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received P & Z Minutes December 12, 1984 Page 8 D. Z-1713. This is the petition of Gunter Knight for Kni.gfit and Miller (developers) requesting a change in the current zoning classification from Agricultural (UNAPPROVED) (A) to Light Industrial (LI) on a tract of 1.530 acres situated south of U. S. Highway 380 and commencing approximately 1,140 feet east of Masch Branch Road and shown on William Bryan Survey, Abstract 11148, Denton County. Mr. Persaud stated that notices were mailed to seven property owners; no reply forms were returned in favor or in opposition. Gunther Knight, petitioner, stated that he is a partner and the purpose of requesting Ii ht industrial zoning is to develop property with meta buildings for office/ warehouse type operation. Mr. Persaud continued staff report stating that proposed change is consistent with the Denton Uevelopment 'luide policies; that property is in a moderate intensity area 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 ill - zone of minimal effect within the range of 9U-100 CNR (composite noise rating); that light industrial 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, maximum building height allowed under airport zoning ordinance would be 108 feet, No one spoke in favor or in opposition to request. Petitioner offered no rebuttal. Chair declared puolic hearing closed. Ms. Cole moved to recommend approval of Z-1713 under provisions contained in the Municipal Airport Zoning Ordinance (Order 81-1) subject to the following condi- tions: 1. That building height shall not exceed 108 Feet. 2. That the provisions of Sections 5 and 7 of the Municipal Airport Ordinance shall be applicable to the future development and use of the site. 3. That the owner of the land, buildings and appurte- nances rill allow the City Manager to install, operate and maintain at the expense of the City of Denton such workings and lighting fixtures as may be necf.ssary. Seconded by Mr. Sidor and unanimously carri►d (7-0). DATE: 1-08-85 CITY COUNCIL REPORT FORMAT TO: Ilayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: PETITION FOR ZONING CHANGE, Z-1714 RECOMENDATION: The Planning and Zoning Commission voted (7-0 ) to recommend approval subject to conditions attached. SUIVIARY: The petitioner is requesting a change in current zoning classification from agricultural (A) to light industrial (LI) on a tract of 4.960 acres situated south of U.S. Hwy 380 and commencing 420 feet east of Masch Branch Road. BACKGROUND: The proposal is consistent with the policies of the Denton Development Guide and future development on this site will be controlled by the Denton Municipal Airport Zoning Ordinance (Order 81-1). PROGRAMS, DEPARTRENTS OR GROUPS AFFECTED: NA FISCAL IIIPACT: NA Respectfully submitted: -C-.Chris ar u g City Manager Prepared by: Barry N.'Fersaud Development Review Planper Approved: ,te f E Diire'ctor of Planning and Community Development PLANNING AND ZONING COMMISSION RECOMMENDATION `TO THE CITY COUNCIL T0: Denton City Council I Case No,: Z-1714 Meeting Date: January 8, 1985 i L _ GENERAL INFOR14ATION Applicant: Gunter Knight for Knight & Miller Status of Applicant: Developers Requested Action: A change of zoning clasF-ification from agricultural (A) to light industrial (LI). Location and Size: Approximately 4.960 acres situated south of US Hwy 380 and commencing approximately 420 feet east of Masch Branca Road Existing Land Use: Agriculture (A) vacant Surrounding Land Use and Zoning: Norto - Agriculture, vacant; A South - Agriculture, vacant; A East - Agriculture, vacant; A ;Jest - General retail, vacant, agriculture; GR, A Denton Development Guide: Site is located in a moderate activity center. (Case #2-1714) Page 2 SPECIAL INFORMATION Utilities: Light industrial uses require 3,000 g.p.m. The existing 12" diameter water line has a capacity of 2,477 g.p.,n, Water capacity is to be upgraded by June of 1985. A new sewer line will be installed to serve this area by June 1985. Pro rata charges will be required on buth water and sewer lines. Drainage: The site is located on top of a hill. Culverts are to be provided along US Hwy 380. I I I Transportation: The site abutts US Hwy 380 which is designated a primary major arterial on the Denton Thoroughfare Plan. Limited access to be allowedE to US Hwy 380. ANALYSIS The proposed zoning change from agriculture (A) to light industrial (LI) zoning classification is consistent with the Denton Development Guide policies. Land Use Diversity The Development Guide allows for flexibility in the "many mixes of land uses" within moderate intensity centers. The primary objective is to achieve diversity within a community unit, which generate a moderate intensity not to exceed 250 trips per day per gross acre, The size of moderate intensity areas may vary depending on the actual mixture of land uses which takes place, For example, commercial land uses which generate higher intensities will result in a smaller size center, whereas parks and government buildings with relatively low intensities will spread over a larger area. (Case #Z-1714) Page 3 ANALYSIS (Continued) i 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. This moc;crate activity center of approximately 800 acre3, could well accommodate approxi.- mately 96 acres of light industrial development. I Tne site is located within the controlled area as defined by the Airport Zoning Act and the use and development of land in this area is regulated by the Denton Municipal Airport Zoning Ordinance (order 81-1). Land Use Compatibility - i According to the "Airport Height Hazard and Land Use Zoning in Texas' (Texas Aeronautics Commission, 1982) this site is located within zone it - zone of minimal effect within the I range of 90-100 CNR (Composite noise rating is an accepted methodology for assessing the severity of noise impact), Light industrial development is permitted within this zone and sound control measures may be considered in building design. Maximum Building Heioh_t Tnis site is within the approach zone of the Municipal Airport and it is located approximately 71000 feet north of the northern extremity of the runway. Section 4 of the Municipal Airport Zoning Ordinance limits the height of buildings to one foot for every 50 feet of horizontal distance. Considering that the site is approximately 32 feet higher in elevation than the runway the maximum building height to be permitted on the site is lU6 feet. RECOMMENDA'riON The Planning and Zoning Commission considered Z-1714 aL their December 12 meeting and voted ( 7-0 ) to recommend approval subject to the following conditions: 1. That building height shall not exceed 108 feet. (Case #Z-1714) Page 4 RLCOMMENDA'PION (Continued) 2, That the provisions of section 5 and 7 of the Municipal Airport Ordinance shall be applicable to the future development and use of the site, i 3. That the owner of the land, buildings and appurte- nances will allow the City Manager to install, operate and maintain at the expenses of the City of Denton such workings and lighting fixtures as may be necessary. ALTHR14ATIVES 1. Approve with or without conditions 2. Denial of zoning request ATTACHMENTS 1. Map 2. Reply Form Totals I 3. Property Owner List 4. Minutes Harry Persaud Development Review Planner U973a R .u 1 24 Dorf WOO lid A d. w [ d i • y1ti: a 1,- r V ok~ne R or Blue 00und N ` ( • 1 • 1• I 9 Qtr' 1 t t _ • or 'Oe0t4r Rd. a nier%Rd ci ° Chlnp Rd 1 1 0 ~ ~~••ar.tir_s .-'t '.off ~ y d Iy ` A Realm Rd AGre40 Ad.'Ii=''• 111oeCA e / • l , r~ 1 V 11tanCh Re} E e Borlhold Rd. _ o fADENTO i 1 trr.r J 1 E t 5 M e' N 1 ' 7 1 ell cr % r t i•Q D M [ • • 1 [ ` . AA. 1 - 600 V^n t~^ r .1 . •I,r ` C n 1 G l 111. I ' rr} 17 % of~irir 'bole ~ 6 C ~ • 3 1 C y 14 VIZ. rr- r SIMONSON 4 PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1714 IN FAVOR IN OPPOSITION UNDECIDED Bone Received Joseph S. Mulroy 5001 West UrAversity Denton, TX 76201 oG O5'31 z_ < 1JN/I 2 ' log H ulv Gaol 2p d .1 /1 '"bell I LL >7 ` f IftYl ,.u P & Z Minutes December 12, 1984 Page 9 E. Z-1714. This is the petition of Gunter Knight for Knight and Millar (developers) requesting a change in the current zoning classification from Agricultural (UNAPPROVED) (A) to Light industrial (Ll) on a tract of 4.960 acres situated south of U. S. Highway 380 and commencing approximately 420 feet east of Masch Branch !toad and shown on William Bryan Survey, Abstract 0148, 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 zoning is 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 change is consistent with the Denton Development Guide policies. 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 zoned agricultural and relatively undeveloped at thie time. He stated it is near Denton Municipal Airport and falls within zone #1 - zone of minimal effect within the range of 90-100 CNR (composite noise rating); 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, maximum building height allowed under airport zoning ordinance would be 108 feet. No one spoke in favot- or in opposition to request. Petitioner offered no rebuttal. Chair declared public hearing closed. Mr. Escue [oohed to recommend approval of Z-1714 under provisions contained in the Municipal airport Zoning Ordinance (Order 81-1) subject to the following condi- tions: 1. That building height shall not exceed 108 feet. 2. That the provisions of Sections S and 7 of the Municipal Airport Ordinance shall be applicable to the future development and use of the site. 3. That the owner of the land, buildings and appurte- nances will allow the City Manager to install, operate and maintal.n at the expense of the City of Denton such workings and lighting fixtures as may be necessary. Seconded by Mr. Claiborne and unanimously carried (7.0). 0890L (44L) NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, the City has solicited, received and tabulated for the ~titivs accodaee necessary with the materials , equip services in purchase supplies bids protroeedurea of state law and City ordinances; and WRL °1S, the City Manager or a designated employee has reviewers id recommended that the herein described bids are the lowest r.a,+onsible bids for the materials equipment, supplies or service, as shown in the "Bid Proposals' submitted therefor; and WHEREAS, the City Council has pprovided in the City Budget for the a;propriation of funds to be used for the purchase of the matet~.als, equipment, supplies or services approved and accepted hu:ein; and WHERUSO Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all v peaditures of sore than $3,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "aid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO. VENDOR AMOUNT 9315 All _ Westtnahouse Supply Co. 340,428.00 9376 1.4 Curtmins supply 1121129S.00 9376 S Prlester Supply 3191390.00 9378 All Cumslns Supply 570,880.22 SECTION I1. That by the s-%eptance and approval of the above numbered { items of the submitted bids, tits City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the arma, specifications, standards quantities and for the s ecifisd sums contained in the lid Invitations, Bid proposals, and related documents. PAGE 1 SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, app royal, 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 witn 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 thi acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinaica shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 8 day of January 1985. RICHARD 0. STEWART, ItAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETARY CITY OF DENTON,,'tEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: i PACE 2 DATE: CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, city Manager SUBJECT: BID 09375 CAPACITORS AND RACKS COMPLETE RECOMMENDATION: We recommend this bid be awarded to the lowest evaluated bid of Westinghouse Supply Co. Item 1 4 $3,387.00 ea. $13,548.00 Item 2 8 $2,250.00 ea. $18,000.00 Item 3 24 $ 370.00 ea. $ 81880.00 $40,428.00 Delivery in 56 Days Fob Denton BACKGROUND: This bid is for the purchase of capacitors and racks for use by the Electric Distribution Department in the new construction and maintenance of the electric system. FROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. FISCAL IMPACT: Funds for this purchase will come from the 1984-85 Fiscal Budget Account Number 610-008-0252-9222-E368. Respectfully submitted: '1Pf[' I >t~ C , ' City Manager Pr b Name` Tom aw, .7.797 Title Assistant Purchasing Agent Approved: -JCfh'h Us rs a C.P.M. t Purchasing Agent Bin BtD TITLE -CAPACITORS GENERAL CutVIINS NELSON PRIESTER KRIZ- TEMPLE WESCO OPENED December 20, 1984 ELECTRIC ELECTRIC DAVIS INC. 2p m. ACCOUNT 0_6108-0252-9222-E368 0 4TY•. w_1TEt DESC LPTIO VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1. 4 Can b Racks Complete 3536.30 3595.00 3600.00 3520.00 3591.00 3600.00 3387.00 2. 8 Cap_& Racks Complete 2339.75 2379.00 2425.00 2311.00 2379.00 2360.00 2250.00 3. 24 u Cap Individual Units _ 389.45 382.00 389.00 385.00 382.00 405.00 370.00 Delivery_ _ 84 Days 50-70 Days 12 Wks 130 Days 56-70 Days 48 Days 56 Days _r•0•g• Denton Denton Denton SP/FFA Denton Denton Denton Mfg, G.E. Sangamo G.E. McGraw Sangamo G.E. Wesco DATE: CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID #9376 DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the lowest evaluated bidder: Item 1 25KVA-PM Cummins Supply @ $844.00 ea. $ 549860.00 17 Wks Item 2 50KVA-PM Cummins Supply @ $886.00 ea. $ 26,580.GO 8 Wks Item 3 75KVA-PM Cummins Supply @$1185,00 ea. $ 29,625.00 10 Wks Item 4 IOOKVA-PM Cummins Supply @$1623.00 ea. $ 16,230.00 17 Wks Item 5 167KYA-PM Priester Supply 01939.00 ea. $ 19,390.00 20 Wks $1469685.00- BACKGROUND: This bid is for the purchase of pad mounted distribution transformers to be used by the Electric Distribution Department in the new construction and maintenance of the electric system. PROGR/LHS, DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACT: Funds for this purchase will come from 1984-85 Fiscal Budget Account Number 611-008-0252-9222-E368. Respec#Eu subwi ted: IV7 h~,J City Manager Pr gyred y. Name om D. haw, G. .M. Title Assistant Purchasing Agent Approved; M o hff 'j. Marshall, C.P.M, i Purchasing Agent DID i --9376 DID iAAl15fOR11ERS DRIESIER IEIPLE JIHELCO CUMINS CUltuN5 CUINIt15 W.O. ENERAL SLNBURY L 1SCO ~ECIRIC ODBM~_ December 20,_1984 2 .g. ACCOUNT i qfy. T' -I~€Ffi Fl3cAiFfiI'oEi-_ VENDO VENDUA-' V> AboA - WHIM 6') 5bk- VENDOR VENDOR &NDOR !r :7 2SKYA 919.00 1033.00 821.00 915.00 816.00 814.00 900.00 942.00 036.50 SOKYA _ 1225.00 118S.00 980.00 1124.00 886.00 1091.00 1073.00 123.00 189.50 - 3. 2S 1SKYA, 1313.00 1405100 1095.00 1185.00 120.00 1443.00 1193.00 1365.00 t410.30 4. S _ lOOKYA _ ISS9.00 1118.00 1255.00 1703.00 11;,0.00 1523.00 1671.00` 1159.00 723.85 S. 5 167KVA 1939.00 2568.00 1175.00 2521.00 - 2421.00 2210.00 1954.00 571.15 _ Delivery 12-20 Wks 14 Wks 6-8 As 8-10 Wks 6-8 Mks 10-17 As 14 Wks 12-14 Wks It Wks _ Denton Fob Denton Denton Denton Denton Denton Denton Oenton Denton Enton McGraw G.E. Alpha Chance United Howard !ialoneWest. .E. I 1t ~p DAT E : CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID# 9378 ALUMINUM CONDUCTOR .795mcm RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Cummins Supply, in the amount of $10,880.22. SU4MARY: BACKGROUND: This bid is for the purchase of 125000 feet of .795mcm aluminum conductor. This material is warehouse stock. See tabulation sheet attached. PROGRA,HS, DEPARTMENTS OR GROUPS AFFECTED. This material will be used by the Electric Distribution Department in the new construction and maintenance of the overhead electrical distribution system. FISCAL IMPACT: Funds for this purchase will come from 1984-85 working capital account number 710-004-0598-8708. Respectfully submitted: ACT s u City Manager pared Name Tom D~Shaw Title Assistant Purchasing Agent Approved: e it e BID 1 9378 BID ALUMINUM CONDUCTOR TEMPLE G. E. NESCO PAMIER NELSON CUMMINS IS DAVIS GRAYSAR 14C. SUPPLY OPEN 12/20/84 2:00 pm ACCOUNT 1 T QQTT ITEM DESC WON- _ .WDW- VENDOR- ~t0 VENDOR VENDOR ENDUW-- VERWN- EN WON- 1 12 795 aKm ALUMINUM CONDUCTOR Ti,989.00 73,000.00 71,831.25 71,094.60 ;9,234.80 70,8W.2274,351,50 75,363.08 FOB Denton Denton Denton Denton. Denton Denton Denton Denton - i _ Delivery 28 day 70 day 28 day 10-42 day 7-8 wks 8-42 day 14-56 day 8-12 wks O893L (44L) NO. 1 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE 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- ments in accordance with the procedures of state law and City ordinanes; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or iaprovements described in the bid invitation, bid proposals and plans and specifications therefore; and WHEREAS, Section 2.36 (f) of the Code of ordinances requires that 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; NOV* 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 as being the lowest responsible bide: BID NUMBER CONTRACTOR AMOUNT 09355 RAW WATER PUMP CONTROL VALVES $14,638.00 09351 HOBAN LANE LIFT STATION $218,500.00 19383 CAD Associates -Al, B2a, 82,227.50 No, a or er a o o9rapny Program _ i SECTION It. fi That the acceptance and approval of the above competititve bids shall not constitute a contract between the City and the PACE 1 person submitting the bid for construction of such public works i or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authoriied to excecute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Sid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantitites and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements es authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and apprcval. PASSED AND APPROVED this the a day of _,lanuary 19m__. RICHARD 0. STEWAIkT$ MAYOR i CITY OF DENTON, TEXAS ATTEST: I CHARLOTTE ALLEN CITY SEC;=M CITY OF DENTON,,TEXAS E APPROVED AS TO LEGAL FORM: j 10E D. MORRIS, ACTING CITY ATTORNEY ! CITY OF DENTCN, TEXAS i BY: PACE 2 DATE: 1/2/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: 8I0A 9355 RAW WATER PUMP CONTROL VALVES RECOMMENDATION: We recommend with Freese & Nichols, Inc. and the Utility epar ment that the bid award made to Bernard Associates on December 4, 1984 be recended and awarded to the next lower bidder Newman Engineering. SUMMARY: This bid was awarded to the low bidder Bernard Associates. ana we rater found out their manfacuture was not qualified under our bid conditions and specifications. BACKGROUND: Letter from Freese and Nichols, Inc. and a memo from David am. PROGRAAMS, DEPARTMENTS OR GROUPS AFFECTED. Utilities, Water Production FISCAL IMPACT: This has no impact on the General Fund. Respectfully subraitted: • 210 a14 40 s g n City Manager Prepared by: Marshall it Purchasing Agent rove me o ars a i e Purchasing Agent CITY 0! DENTON 00's ~7t1~1~1 M E N O RAND U M TOs Robert E. Nelson, Director of Utilities FRO143 Dave Nam, Asst. Dir, of Utilities, Water/Wastewater Division DATES December 21, 1984 SUBJ\ Raw Water Pump Control Valves Bid 19355 As per the attached letter from K. E. Clement, P.E. of Freese and Nichols, Inc., it has been found that the raw water pump control valve as bid by Bernhard Associates does not meet the specifications with regards to the 250 psi pressure rating. Mr. Clement has recommended that the Bernhard Associates bid in the amount of $14,430.00 for contract No. 2 be disqualified and that the next lover bidder, Newman Engineered Equipment, in the amount of $14,638.00 be accepted and the raw water pump control valve purchase be made from them. As I understand, Mr. Clement has also contacted John Marshall who is prepared to return to the council with this new recommended bid price. ccs John Marshall Coy Veach, P.E., F&N 1 DEC 26 1984 Cr r Y OF ; r PURR in$!r"!~£pEp~N Pump Control•ValvessWW . JAW" R. Aw"i" P •OMtT L MIeNOU is 000~ LRi 4. r4s4•a rt a t r a a s r1 t 1 c r a, l C. ~ B PN A TN0Yr4CN. l0. ft " TM& r; C O N S U L T I N G E N G I N E E R S TJ.. Awnwwr Ruo i s December 18, 1984 Jot MAel CL ra +x t4NILST l A rt ~V) nvtN a 11;1r•. rs A 0A&V M. Mr, C, David Ham, P. E, Assistant Director of Utilities City of Denton Municipal Building Denton, Texas 16201 Re: Raw Water Pump Control Valves Bid No. 9355 Dear Mr, Ham: Since we made our recommendation to you on November 8, 1984 for award of contract to purchase pump control valves for the Raw Water Pump Station, additional evidence has come to our attention that the motor operated eccentric control valve offered by Bernhard Associates does not fully comply with the requirements of the Specifications. Although Bernhard did not specifically take exception to the specifications, the eccentric control valve on which they based their bid, was rated for 160 psi pressure instead of the specified 250 psi pressure. Don Krusemark with Bernhard Associates, has now advised us that Homestead Ballcentric Valves have not previously been manufactured in the 14-inch size and larger for the 250 psi pressure rating, although he says that they could and would build one. We do not believe it would be to the City's best interest to accept this proposal. We therefore would rule that the Homestead Ballcentric Valve manufacturer is not qualified under the conditions set out in the specifications and that the bid of Bernhard Associates is not responsive to the specifications. We recommend that the City reject the low bid of Bernhard Associates in the amount of $14,430.00 for Contract No. 2 and that they award Contract No. 2 (Bid No. 9355) to the second lowest bidder, Newman 1*ngineered Equipment, in the total amount of $14,638.00. Please advise us of your concurrence with this recommendation and we will proceed to prepare the contract documents for execution. Call us if you have any questions or need further explanations. Very truly yours, F/R'EEESE AND NICHOLS, INC. vv Y. E. Clement, P.E. WEC:jd xc: R. E. Nelson, P.E. Dlro of Utilities John J. Marshall, Purchasing Agent Elvin C. Coleland, P.E., F&K 410 AMAft 6VAIt tT FORT WORTH, TEXAS 74001 TEL9PHONr- 017 330 METRO Sit ♦1• t•00 - r- 7777' • DATE: CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Claris Hartung, City Manager SUBJECT: BIDN 9351 HOBSON LIFT STATION RECOMMENDATION: Approval of ordinance and contract. This was approved by the Utility Board on December 12, 1984 and recommended by Freese and Nichols, Inc. the consulting engineers. SUMM AR Y: This bid is for the Capital Improvements Project Phase 1, Hobson Lift Station. BACKGROUND: Tabulation sheet, minutes of Utility Board Meeting, recommendation by Freese S Nichols, Inc. and Mr. R.E. Nelson, Utilities Director. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Utility - Wastewater Collection FISCAL IMPACT: There is no impact on the General Fund. Respectfully submitted: ~n 2 Z. City Manager tired by: e hn Marsha' it Purchasing A ove me o n rshalI T e Purchasing Agent BID 1 9351 BID TITLE - 1108SON LANE LIFT STATION WEIT7UL WISE GRACON TWIN MISSION OPENED 12/11/84 2:00 pm _ CONSTRUCTIO SULLIVAN CONSTRUCTIO C CONSTRUCT1 ACCOUNT ONSTRUCTION ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 Lot Hobson Lane Lift Station 218 500.00 236,000.00 259,000.00 239,000.00 358,000.00 addendum 01 yes yes yes yes yes Bid Bond yes yes yes yes yes January 8, 1985 CITY COUNCIL AGENDA ITEM SUBJECT: , Consider Bid Opening for Capital Improvements Project (CIP) 84-WW-5 (Phase I), and 85-WW-o (Phase 11) Hobson Lift station, Bid 89351. SUMMARY: The bids were opened on December 11, 1984, for this C1P project, and the results are as follows: Weitzel Const. Co. Inc. $2189500 Wise-Sullivan Construction Co. $236,000 Twin-C, Inc. $2390000 Grecon Construction Co. Inc. $259,000 Mission Construction Inc. $358,000 Freese and Nichols, Inc., have evaluated the bids and recommend approval of Weitzel Construction Co., Inc. FISCAL SUMMARY: Budgeted 5 Yr. CIP (Phase I & II) $1500000 Freese do Nichols Cc. Inc. (estimate) $244,000 Recommended Award $2189500 Source of Funds: 624-008-0470-9138 (Sewer Bond Funds) ACTION REQUIRED: Approve or disapprove lowest qualified bidder. RECOMMENDATION: The Public Utilitis Board, at their meeting of December 12, 19849 and Freese & Nichols, Inc., Consulting Engineers, recommend award of the project, Hobson Lift Station, to Weitzel Construction Co., Inc., 11500 Stemmons 8108, Dallas, Texas, 75229, In the amount of $218,500. rR.E. !el a Director of Utilities EXHIBIT i- Bid Tebulation II- Freese & Nichols, Inc. Evaluation of Bids III- Ordinance IV- Minutes PUB Meeting of 12/12/84 3388U:21 010 OAf[. KCWCO 11, I"K D 00 PH MONOM LAP[ Ll" MAIM FWAMSE MA MJCHM CK lwt iK CO.IT000T a . INC. IMIf[-P&LIV1111 CowmXT101 1'YlM<. IK 104KO1 COOIIIIICIIa 0 . IMC. IA1DDlOtr t0M'rllUCt101 Ca . iMt N.n11N1 Ib.r. IIINO fTOOOIf - MITI IN 10.0. N/ Nw NrU LO.:OMn LAW Ir 0 far M UH 90.010/111 - IVI" LOC hrT wrl.. 11A11A[. TI. ISM IkAwT. a. MALL". is 73M IJqgMUIIC TI 11149 IU9INT". it. turf 1 l ■I0riO1 1 *~Irv LOW 1- /Fit E1 TOTAL M10W1 i UNIT nice I MAL APOUM i wl 1 1 MAL XA7- i 1N1~ n Cry COIK MOWI 1 Nri~ !alit 1 T"A MRM I I 1 1 1 1 1 t 1 1 1 1 IcbO71 ION a 1.00101 I" O Lift • ATIOL 1 1 1 I 1 I 1 1 I f 1 Itb1►LDto ff Af Wool On M PIAMI AN 1 1 t 1 i 1 1 1 1 l r ~ IM[[IPiU 19A[fa M LLM 01DI M f 1 U 1 NIIL$00 00 1 0214L w0 N 1 "36. 000 00 1 Ny.004 00 1 N79. ON w 1 4277.000 00 1 8199,000 00 1 NN. 000 N I 4700 am 00 1 07f4000 so r _I-~ I I 1 1 1 1 1 1 I 1 1 (TOTAL AmAmt or 03f -:-I 0714142 N I I 4290.000 00 1 1 N39. 000 N I 1 gN.000 00 1 f fie& 420 00 I 1 I I 1 1 1 _I I I 1 1 I < 1110 OC.O 1 1 1 K I 1 as I 1~~4 1 1 ff 1 1 N 1 1~- 1 1 1 I 1 1 ~J 1 1 I__ f t ICOrNCVT i1R K[ DA VI 1 1 ! 100 1 1 IN I ~ 100 1 1 ISO 1 I IN t f 1 1 ~I 1_ 1 ~ I I 1 1 f t SIMON W 111016189. PC • JAMta II. NICHOLS. / 111011[[7 L. NICMOL[, LE[ a, ►A[t11t / t. e Q y i p Aost*T t. GOOCN. JOS PAUL [[RT A. THOMiSON F■ N O 8 I I 1 L Q , I A ~1 l. O U III. / t C O N S U L T• I N G E N G 1 N E E R S JOAN N COO[. r[ 7. ANTHONY A[IO PC JO% 1. MA►ti. ► [ W. [AN[11T CLCM[NT. ELVIN C, CO►tLAND,PC . OAAV N. 11[[V[[. ► [ December 12, 1984 Mr. Robert E. Nelson, P.E. Director of Utilities City of Denton Municipal Building Denton, Texas 76201 Re: Hobson Lane Lift Station Contract Award 40 Recommendation Dear Bob: Bids were received in the office of John Marshall on December 11, 1984 for the construction of the Hobson Lane Lift Station. Five (5) bids were received, ranging from a low of $218,500 to a high of $358,000. A copy of the bid tabulation is attached. The low bid was lower than our estimate of probable construction costs of $244,000. The Weitzul Construction Co. has recently completed one of our projects in Grapevine and has done a good ,fob. We contacted owners and engineers at other locations before the award of the Grapevine Project and received only favorable comments. We also checked references for a project Weitzul Construction Co, is currently constructing for the Corps of Engineers and have also received favorable reports. We therefore recommend that the contract for the Hobson Lane Lift Station, your Contract 0 9351, be awarded to Weitzul Construction Company at their low bid of $218,500. Please call if you have any questions concerning our recommendation. Sincerely, FREESE AND NICHOLS, INC. 4~W~~ Coy M, Yeach, P.E. CM;':ks attachmeiit xc: C. David Ham City of Denton [111 LA M A A 8TAIt tT RORT W 0 A T H. T[XA! Idiom T e L C O M O N t o i l 3 3 4 1 1 1 a 1 M 9 T A 0 a t 1 42 9 1 9 00 Public Utility Board Minutes December 12, 1984 rage three Item 8: CONSIDER CONTRACT WITH BLACK PyD VEATCH, CONSULTING ENGINEERS, FOR ENGINEERING SERVICES FOR LEWISVILLE HYDRO-ELECTRIC PROJECT. The staff recommended the contract as one more step to keeping open the option of constructing the projected hydro-electric facility at the Lewisville Dam. The contract is not to exceed $30,000. Board discussion included questions regarding the total amount of expenses incurred thus far on the proposed project. Mr. Nelson told the Board that the City had spent about $80,000 for engineering and license applica!ions for both the Lewisville and Ray Roberts projects. Some members of the Board also questioned whether this project was wise since it provided so little power relative to the City's total power needs. Other members of the Board suggested that energy diversificaiton is of prime importance and the cost of the project is reasonable since studies have shown the project to be economically feasible. Mr. Herring made a motion to accept the contract and recommend it to the Council for adoption. Mr. Thompson seconded the motion. Four, ayes, one naye, motion carried. Item 9: CONSIDER BIDS FOR CAPITAL IMPROVEMENTS PROJECT 84-WW-51 PHASE i, AND 85-WW-61 PHASE II, HOBSON LIFT STATION, BID Mr, Ham told the Board that the project came in at a cost of about $68,500 more than had been estimated in the Capital Improvements Plan (CIP). Mr. Coomes asked where the money to fund the additional cost would come from. Mr. Ham said the funds would come from either putting off or not funding other projects. Mr. Coomes requested to be informed where the funds had been found for this project when suoh information becomes available. Mr. Herring made a motion to recommend the bid of Weitzel Construction Co., Inc. of $218,500 for Council acceptance. Mr. Coomes seconded the motion. All ayes, no naves, motion carried. At this time in the meeting, Mr. Nelson and Mr. Ham requested the Board allow them to present the backup for Items 10 through 24 and then for the Board to take action since the items all related to oversizinge pro-rata agreements and other capital construction. Messrs. Ham and Nelson showed a map and presented the Board with lists of all of the projects included in the discussion. Messrs. Ham and Neslon discussed the various projecte with the Board. The Board then decided to take each agenda item to be voted separately. CITY OF DENTON MEMORANDUM DATE OF MEETING: January 8, 1985 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA) Approval of Aerial Photography Program for future computer mapping program. SUMMARY: The contour and ortho maps ne:ded to start the mapping program should be curcent and of sufficient detail to allow development of proper base maps. FISCAL SUMMARY: Approve program as shown in backup ACTION REQUIRED: Approve Program Bid ALTERNATIVES: Reject Bid STAFF RECOMMENDATIONS: Approve Bid EXHIBITS: Memo to Rick Svehla Bid rte. aQ-J" 0 WY of DENTON, TEXAS MUNICIPAL BUILDING/ DEN7ON, TEXAS 76101 /TELEPHONE (817} 566.8200 Office of the Chy Manager M E M 0 R A N D U M TO: Chris Hartung, City Manager FROM: Rick Svehla, Assistant City Manager DATE: January 3, 1985 SUBJECT: Mapping Bid 19383 The bid we are recimmending for the mapping is approximately $829000. In the budget, Utilitits had set aside $50,000 in the Water and Sewer Division and $50,000 in the Electrical Division. Because of the problems with Gibbons Creek, we are not ready to commit the $50,000 from the Electrical Division at this point. We will be able to commit the $50,000 from the Water and Sewer Division. That leaves us approximately $309000 short. I visited with John McGrane and tie advises that there is contingency money available in the budget. lie also advised that sales tax right now looks very good and if it continues at this pace, we will realize a surplus by the end of the fiscal year. We have also been tracking revenues particularly in the building and construction areas and right now they are above the expected levels also. I have also visited with Bob Nelson and he advises that he felt that the Utilitity Department could find approximately half of the $30,000 by moving projects in the CIP or finding some other items to delay. You or the Council has any further questions, we will be pp to try and respond to them at the meeting. c ve a - Assistant City Manager i Z066M CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M O R A N D U M DATE: January 2, 1985 TO: Rick Svehla, Assistant City Manager FROM: Jerry Cldrk, City Engineer RE: Appro%al of Aerial Photography Biu The above bid (#9383) was received on December 27, 1984. CAD Associates was low on all items by a wide margin. Based on the available funas, the following proevam was selected to be implemented pending council approval. A) Surveying Cuatrol: Section 1 - 28 rail $28,350.00 Additional Coutrol for Ortho maps e $ 59000.00 B) Ortho Maps: sectiun LA - IU5 m12 at 1"=200' $410895.UU Section 28 - 28 mi2 of Aerial Photography 1"'50' $ 21793.00 C) Contour Maps: Section lA - 133 m12 of Aerial Photography 1"u200' a $ 4,189.50 TOTAL PACKAGE COST ■ `'82,227.50 If council approval is given, cunt, ideratiun should be given in net years budget for - 1) Expansion of control survey to 133 mi, , 2) Oru.o maps 1"=50' for 28 mil, 3) Contour maps - 92 mi2 expansion from our existing contours. Cost for these three items should be approximately $260,000. Please advise if further inforrition is needed. Jeri- c%1a k City I eer $ cc: Bob Nelson is 00272E ' a , YT.J K CAD AMMIATES December 27, 1984 • i Purchasing Department City of Denton 981-B 'T'exas Street Denton, Texas 76201 Dear Sirs: Please find attached our response to your Request for Bid, Number 9383, Bid title: AERIAL PHOTOGRAPHY MAPS. CAD Associates the primary contractor will use Western Air Maps, Inc., and Szurgot and Associates, Inc. to assist in the completion of maps as described in your proposal and further detailed in our outline. Thank you for this opportunity to submit a bid. Yours trul , We wFletcher A. Norwood Partner CAD Associates i w~ 321 N. W. HILLERY BURLESON, 1CXAS 76031 (917) 295-0223 OUTLINE OF SURVEY CONTROL FOR AERIAL PHOTOGRAMMETRIC SURVEY Gentlemen: Per your request for same, Szurgot and kasociates, Inc, is pleased to present the following proposal for Survey Control for Photogrammetric Survey services for the City of Denton, Texas and surrounding area as outlined on the map received with the Request for Proposal. 1. Established points to be 150 points, 81 with Horizontal and Vertical control and 69 with Vertical only. II. All Control points to be set to City of Denton time specifications for the Aerial flight. Additional completion of Survey Data will require an additional 30 working days for completion. OUTLINE OF PROPOSAL FOR PHOTOGRAMMETRIC SERVICES Gentlemen: Per your request for same, Western Air Maps is pleased to present the following proposal for Aerial Photography and Photogrammetric services of the City of Denton, Texas and surrounding area as outlined on the map received with the Request for Proposal. You, as our potential customer, have indicated the following use for Western Air Map's services: PLANNING AND STUDIES Our proposal includes the encludes general. terms and conditions which form an integral part of this offer. Western Air Maps, Inc. shall furnish all labor and materials necessary to provide the following services: I. AERIAL PHOTOGRAPHY Obtain new aerial photography suitable for the preparation of the following proposal maps. Aerial photography for l'x50' scale orthophotos shall be flown at an altitude not to exceed 2500 feet above mean terrain. Aerial photography for V m200' scale ortohp`:otos nall be flown at an altitude not to exceed 6000 feet above roan terrain. Aerial photography for 2 foot contour mapr shall be flown at an altitude not to exceed 3900 feet above me•.n terrain. II. SURVEY SERVICES All necessary ground control reo.ired for mapping shall be supplied by CAD Associates. III. PHOTOGRAMMETRIC SERVICES A. TOPOGRAPHIC MAP MANUSCRIPTS AND ORTHOPHOTO NEGATIVES Prepeire 1"=50' scale orthophoto negatives of proposed 28 square mile area as per order. Prepare 1"•200' scale orthophoto negatives of 105 square mile area as per order. Prepare 1"•200' scale pencil manuscripts showing 2' contours and planimetric features as specified in City of Denton request for prcpjsal. B. FINAL DRAFTED MAP SHEETS Prepare 1"=200' scale finp'. crafted sheets of the above proposed 2' contour m Vs. Sheet size `4r orthophoto and contour maps shall be 24" Y. 36" -:ch 20" x 30" map inside the border Title information shall be as required by the city of Denton. IV, ITEMS TO BE DELIVERED 1"=50' scale orthophoto sheets as per order. 1"=200' scale orthophoto sheets as per order. 1"=200' scale final drsfced sheett with 2' contours as per order. V. DELIVERY SCHEDULE All work to be complete by December 31, 1985. VI. EXCEPTIONS TO NATIONAL MAP ACCURACY STANDARDS -----------NONE------------- The above services ehall be performed in accordance with the enclosed specifications which shall be considered an inter8ral part of this offer. I Our fee for the proposed services shall be as follows: See: Bid tabulation sheet City of Denton CAD Program BID r 93Az P 0 # BID TABULATION SHEET CITY OF DENTON CAD PROGRAM A) Surveying Control State Plane Coordinate 9"at-o-, Section 1 - 28 Square miles of control survey u $ Z 5 Section 2 - 133 Square miles of control survey = B) Ortho Maps 1) 133 Square miles - scale 1"-50' - plane flight elevation (maximum) . 2500' above mean terrain. Section (la) aerial photograph for 133 mil . $ 3 , 3 C)0. ~ Section (lb) ortho maps for 133 mil . $ 4 1 0, 575.0 o 2) 105 Square miles - scale 1"200' plane flight elevation (maximum) - 3960' above near terrain. Aerial photography from contour flight Section (2a) ortho - maps for 105 mil $ 7. 00 28 Square miles - scale 1"■50' - plane flight elevation (maximum - 2500' above mean terrain). Section (2b) aerial photography 28 mil $ ,G Q Section (2r,) ortho maps for 28 mil $ g(0 ~Z C) Contour Maps 1) 133 Square miles of 2' contour maps - maximum flight elevation to be 3960 feet above mean terrain Section (la) aerial photography for $ Q a 133 square miles Cj Section (lb) contour maps for 133 mil 2) Existing contour maps - 41.5 square miles - expand existing contour !naps - 6.4 miles (north-sruth) and 3.8 miles (east-west) Section (2a) aerial photography for q Z mil $ Z ~i.0 U Section (2b) contour maps for. ~2m12 $ QQ B-1 VAfE: December 21, 1984 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FRO1i: G. Chris Hartung, City Manager SUBJECT: Police Ordinance RECOMMENDATION: It is recommended that the attached ordinance for the Police Department authorizing a title change and updating the number of positions in each authorized classification be approved SUMMARY: The ordinance authorizes the deletion of the classification of Captain in the Police Department and creates the classification of Division Commander. This process is a title change and does not directly affect the duties or responsibilities of the indl-0 duals in these positions. The ordinance till also update the number of positions in earn authorized classification in the Police Department BACKGROUND: The title of Division Coiaanander in the Police Department has been usi3d as a functional title cn an informal basis for suite some time. It is felt that the title of Divison Ccvnmander will much more accurately reflect the line dutie., and authority of the positions in the department. The update in the number of positions in the department reflects the addition of two new Police Officers that were approved in the Fiscal Year 84/85 budget. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Police Department is the only department affected by this proposed ordinance. Page 2 December 21, 1984 Police Ordinance FISCAL IMPACT: There is no impact on the General Fund. Respectf 11y ubmi>~e4o . Chrris Hartung City Manager Prepared by: 'Kathryn ey, rec or Personnel/Employee Relations rov d: 2288P/0054P • NO. Ali ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED FOR EACH CLASSIFIED POSITION; CHANGING THE NAME OF THE CLASSIFICATION OF CAPTAIN TO DIVISION COMMANDER; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton Firemen's and Policemen's Civil Service Commission has recommended that the classifications contained herein be established for tha Police Department of the City of Denton; and WHEREAS, Article 1269m, V.T.C.S. requires the City Council to establish such classified positions by ordinance to include the number of persons authorized for each classified positions; NOV, THEREFORE, THE COUNCIL OF THE CITY OF DMON HEREBY ORDAINS: SECTION I. Tne following; positions in the Police Department of the City of Denton are hereby established: CHIEF OF POLICE DIVISION COM CMER LIEUTENANT SERGEANT POLICE OFFICER and all positions shall be classified positions except the Chief of Police and one Division Commanuer who shall be appointed by the Chief of Police and serve at his plgssure when a vacancy occurs in that position. SECTION 11. The City Council of the City of Denton shall, each year in the ordinance adopting the Budget for the City of U,anton, provide for the number of persons to be employed in each position. Until otherwise detproined by the City Council, there shall be the following number employed in each position: 1 CHIEF OF POLICE 3 DIVISION C014HANDERS 6 L%EUTENANTS 6 SERGEANTS 61 POLICE OFFICERS . • fir. SECTION III. The name of the position of Captain is hereby changed to Division Commander and all ordinances and resolutions in conflict herewith are hereby repealed. SECTION IV_ This 4. dinance shall bra effective immediately upon its passage and approval. CITY OF DENTON, TEXAS ATTEST: LFMLOTTE ALLEN, CITY SECRET, CITY OF DENTON$ 1EXAS APPROVED AS TO LEGAL FOAM: JOE D. MORRIS ACTING CITY ATTORNEY CITY OF DENTONQ, TEXAS BY: C17YODENWN,TEXAS MUNICIPAL BUILDING ! DENTON, TEXAS 76201 tELEPNONE(817)566.8200 MEMORANDUM TO Betty McKean, Assistant City Manager FROM: Kathryn Usrey, Director . Personnel/Employee Relations DATE: December 18, 1984 SUBJECT: Police and Fire Positior, Title Change/ Fire Department Reorganization At the January 8, 1985 City Council meeting we will be submitting two ordinances for adoption. The ordinances, one for the Police Department and one for the Fire Department, will accomplish the following: 1. Change the titles of the positions just below that of the Crief in each department to "Division Commander". 2. Update the number of positions in each authorized classification. The title changes require approval by the Civil Service Commission which will occur prior to the January 8 Council meeting. POLICE DEPARTMENT Titl. Change In the Police Department the position title of "Captain" will be deleted and the title of "Division Commander" will be created. There will be no -hange in the duties or responsibilities of these positions as a result of the change. The Police Department supports the change in title. In fact, they have been using this title informally for q6 to some time. Position Number Update The update in the number of positions in each classification in the Police Department reflects the addition of two new Police Officer positions which were approved in the Fiscal Year 84/85 budget. Page 2 Police, Fire Title Changes December 18, 1984 FIRE DEPART14ENT Title Chaff The current position title of "Assistant Chief" in the Fire Department will be deleted and the title of "Division Commander" will be created. Position duties will not change as a result of this title change. Position Number Update The update in the number of positions in the Fire Departmeennttrefleproposal proposed reorganization submitted by Fire Chief Gentry. maintains the same total number of positions in the department. However, it changes the number of positions in each classification. His proposal will decrease the number of Captains by two, increase the Battalion Chiefs by one, se current and chart the below numbergives increase the n in Commander in the classification The number of positions reorganization proposal: Number of Positions in Each Classification inn " e F'fre Department Current pr_ILo s e d Fire Chief a i Division Commander 1 2 Battalion Chiefs 3 4 Captains 14 12 Drivers 30 30 Incentive Drivers 12 12 Firemen 27 27 Attached is a copy of the existing and proposed organization charts for the Fire Department. The reorganization provides the Fire Chief with a division manager over operations in the Fire Department. The supervision and other become necessary i for ithe Fire eChief stonassume fmahad grown ny of the supervisory functdionso Last August we brought to the council two resolutions which authorized a local option provision in 1269M in which the Police Chief and Fire Chief could appoint individuals to the position immediately below the Chief. The the ordinance oh January appoint an the inFire dividualrtoe that authorizes position. Chief B agenda for vacancy so the Page 3 Police, Fire Title Changes December 18, 1984 The Chief has decided to make that appointment through the use of an assessment center. Our tentative plans are to conduct the assessment center on January 19, 1985. The ordinances will be passed befi&re the date the assessment center will occur. However, in order to have ample notification of the individuals in the Fire Department who would be eligible to participate, we would like to proceed with the posting of those announcements prior to the posing of the ordinance. Therefore, I am requesting to discuss this reorganization and ordinances with the Council on the December 18, 5:30 P.M. Council Agenda. I fully support the Chief's request to reorganize the Fire Department and feel that this reorganization will provide a more manageable structure in the Fire Department. If you have any questions regarding the reorganization or the ordinances, please let me know. a ryn ey, recto Pe sonnet/Employee Rel tions KU/ch 2211P/0054P WYofAMON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TEL EPHONF (817) 566.8200 MEMORANDUM TO: Betty McKean, Assistant City Manager FROM: Kathryn Usrey, Director Personnel/Employee Relations DATE: December 21, 1984 SUBJECT: Police and Fire Ordinances On Wednesday, December 19, 1984, the Civil Service Commission met and approved two items that pertain to the Police and Fire ordinances on the January 8, 1985 Council Agenda. They approved the deletion of the classification "Captain" in the Police Department and created the classification of "Division Commander". In the Fire Department that approved the deletion of the classification "Assistant Chief" and approved the creation of the classification "Division Commander", The minutes of that Civil Service Commission are attached and will be included in the back-up information for the January 8 Council Agenda. If you have further questions regarding these matters, please let me know. 10 E 54 a 71 tryn re y, rec o Personnel/Employee Rel Lions KU/ch Attach, 2291P/0054P MINUTES OF THE SPECIAL CALLED MEETING OF THE CIVIL SERVICE COMMISSION December 191 1984, 2:OU p.m. City Council Chambers UESEN'T: Chair, Civil Service Commission, Robert Caldwell; Commissioners, Darrell Bulls and Donna Jeanes; Civil Service Director, Betty McKean; Director of Personnel, Katnryn Usrey; Personnel Specii,list, Rope Guajardo, Fire Chief, Jack Gentry; Police Captains, Bill Cummings, and Gary Matciesun. Cnair, Robert Caldwell called the meeting to order at 2:00 p.m. 1. The Commission considered approval of the minutes of April 19, 1983 and March 26, 1984. Motion to approve the minutes of April 19, 1983 and March 26, 1984 made by Bulls and seconded by Jeanes. Motion carried • unanimously. 2. The Commision considered approval of the revised updated list of study material to oe used in promotional examinations in all classifications in the Fire Department. Betty McKean, Civil Service Director, explained that the Commission would be approving a list of materials which the firemen would study eur promotional examinations. Commissioner Bulls asked where the materials were available. He said that the budget shuuld be approved for the materials to be available in substation so :.hat off duty firemen can read them. Chie Gentry said tnat all the materials were available in sub- stations. Notion to approve the list made by Bulls, seconded by Jeanes. Carried unanimously. J. Cunsider deleting the classification of ,:aptain in the Police Department and creating the ciassification Uf Division C(i mmande r . 4. Cunsider deleting the classification of Assistant Chief in the Fire Department and creating the classification of Division Cuomander. Personnel Director, Katnryn Usrey, explained that these two items were ciianges in title only and not reorganization of departments. No job duties would cnange. Commissioner Bulls requested an urganizationai chart of the changes that will be made. 14s, Usrey provided that enact. Bulls asked if the current Assistant Fire Chief would be the Divi'::.n r;onnander in charge of Operatiuns or Administration, Usrey axp.ained that would be at the discretion of the Chief. Minutes Special CSC Meeting December 19, 1984 Page TWO Chief Gentry explained that this reorganization was a planning issue last year. Employees participated in planning this change and they supported it. Captain Matheson explained that the only people who would be " ected by the change would be Captain Cummings, Captain Smitoers and himself. Motion to delete the classifications of Captain in the Police Department and create tie classification of Division commander made by Bulls. Seconded by Jganes. The motion passed unanimously. Motion to delete the classification of Assistant Fire Chief in the Fire Department and create the classification of Division Commander, made by Bulls. Seconded by Jeanes. the motion passed unanimously. The meeting was adjourned at 2:20 p.m. Chairman, Robert Caldwell Civil Service Commission 0991a DATE: December 21, 1984 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Haring, City Manager SUBJECT: Fire Ordinance RECOMMENDATION: It is recommended that an ordinance authorizing a change in title and updating the number of positions in each authorized classification be approved, S U144ARY : The title change in this ordinance will delete the classification of Assistant Chief in the Fire Department and create the classification of Division Commander. The update in the number of positions in each authorized classification reflects the same number of authorized positions that we had in the Fire Department last year. However, the number of positions in each classification has changed to reflect the Fire Chief's proposed reorganization. BACKGROUND: Last August the City Council adopted a resolution which authorized the Chief to access the local option provision in 1269M to appoint an individual to the position immediately below the Chief. This ordinance will authorize the vacancy for the Chief to make that appointment. be Chief's proposed reorganization will decrease the number of Captains by two, increase the number of Battalion Chiefs by one, and increase the number of Division Commanders by one. The second Division Commander position will directly supervise the Fire Operations division to provide relief for the Chief a n d the original Division Commander. This reorganization will provide greater supervision and a more functional organization. It will also provide promotional means for two individuals in the department. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Fire Department is the only department that will be affected by this ordinance. Page 2 December ?.l, 1984 Fire Ordinance FISCAL IMP&T: The cost of the General Fund would be approximately $10,332.00 per year. This amount of money was budgeted in the Fiscal Year 84/85 budget in the Fire Department. Respectf6lly submitted, Chris ar ung City Manager Z Pre red by: a ryn ey, rec or Personnel/Employee Rel tions yed 2288P/0054P i 0960E 170 I NO. AN ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE FIRE UEPARTMENT OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE NUMBER OF PERSONS AUTHORI'LFD FOR EACH CLASSIFIED POSITION; CHANGING THE NAME OF THE CLASSIFICATION OF ASSISTANT CHIEF TO DIVISION COMMANDER; REPEALING ALL ORDINANCE3 AND RFSOLUTIC14S IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. t1HEREAS, the City of Denton Firemen's and Policemen's Civil Service Commission has recommended that the classifications contained herein be established for the Fire Department of the City of Denton; and WHEREAS, Article 1269m, V.T.C.S. requires the City Council to estab.'sh such classified positions by ordinance to include the number of persons authorised for each classified positions; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The following positions in the Fire Department of the Ctty of Denton are hereby established: eIRE CHIEF DIVISION COMMANDER B..4rALION CHEF CAPTAIN DRIVER INCENTIVE DRIVER FIRE FIGHTER and all positions shall b.• classified positions except the Fire Chief and one Division Co,-jander who shall be appointed by the Fire Chief and serve at his pleasure when a vacancy occurs to that position. SECTION 11. ! The City Council of the City of Denton shall, each year in the ordinance adoring the Budget for the City of Denton, provide for the number of person+ to bu employed in each position. UntV otherwise de,ermined by the City Council, there shall be the following number employed in each position: I 1 FIRE CHIEF 2 DIVISION COMMANDERS 4 BATTALION CHIEFS 12 CAPTAINS 30 GRIVERS 12 INCENTIVE DRIVERS 27 FIRE FIGHTERS SECTION 111. I ! The name of the position of Assistant Chief is hereby changed to Division Commander and all ordinances and resolutions in conflict herewith are hereby repealed. s SECTION IV- This ordinance shall be effective immediately upon its passage and approval. AZ~HA~b~3'T~~ CITY OF DENTON, TEXAS ATTEST: CITY ~NTON, ,TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OfOf/ D~ENITONN, TEXAS BY: T~~~+`Y k3 t~ - CfTYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 ! TELEPHONE (817) 566.8200 MEMORANDUM TO Betty McKean, Assistant City Manager FROM: Kathryn Usrey, Director Personnel /Employee Relations DATE: December 18, 1984 SUBJECT: Police and Fire Position Title Change/ Fire Department Reorganization At the January 8, 1985 City Council meeting we will be submitting two ordinances for adoption. The ordinances, one for th, Police Department and one for the Fire Department, will accomplish the fuflowing: 1. Change the titles of the positions gust below that of the Chief in each department to "Division Commander". 2. Update the number of positions in each authorized classification. The title changes require approval by the Civil Service Commission which will occur prior to the January 8 Council meeting. POLICE DEPARTMENT Title Change In the Police Department the position title of "Captain" will be deleted and the title of "Division Commander" will be created. There will be no change in the duties or responsibilities of these positions as a result of the change. The Police Department supports the change in title. In fact, they have been using this title informally for quite some time. Position Number Update The update in the number of positions in each classification in the Police Department reflects the addition of two new Police Officer positions which were approved ih the Fiscal Year 84/85 budget. Page 2 Police, Fire Title Changes December 18, 1984 FIRE DEPARTMENT Title Change The current position title of "Assistant Chief" in the Fire Department will be deleted and the title of "Division Commander" will be created. Position duties will not change as a result of this title changr.. Position Number Update The update in the number of positions in the Fire Department reflects a proposed reorganization submitted by Fire Chief Gentry. Gentry's proposal maintains the same total number of positions in the department. However, it changes the number of positions in each classification. His proposal will decrease the number of Captains by two, increase the Battalion Chiefs by one, increase the Divison Commander by one. The chart below gives the current number of positions in each classification and the number in the reorganization proposal: Number of Positions in Each Classification in the re Department Current Proposed Fire Chief 1 1 Division Commander 1 2 Battalion Chiefs 3 4 Captains 14 12 Drivers 30 30 Incentive Drivers 12 12 Firemen 27 27 Attached is a copy of the existing and proposed organization charts for the Fire Department. The reorga.ization provides the Fire Chief with a division manager over operations in the Fire Department. The supervision and other responsibilities of the Assistant Chief had grown so much that it had become necessary for the Fire Chief to assume many of the supervisory functions. Last August we brought to the council two resolutions which authorized a local option provision in 1269M in which the Police Chief ano Fire Chief could appoint individuals to the positioo immediately below the Chief. The ordinance on the January 8 agenda for the Fire Department authorizes the vacancy so the Fire Chief can appoint an individual to that position. Page 3 Police, Fire Title Changes December 18, 1984 The Chief has decided to make that appointment through the use of an assessment center. Our tentative plans are to conduct the assessment center on January 19, 1985. The ordinances will be passed before the date the assessment center will oL ur. However, in order to have ample notification of the individuals in the Fire Department who would be eligible to participate, we would like to proceed with the posting of those announcements prior to the passing of the ordinance. Therefore, 1 am requesting to discuss this reorganization and ordinances with the Council on the December 18, 5:30 P.M. Council Agenda, I fully support the Chief's request to reorganize the Fire Department and feel that this reorganization will provide a more manageable structure in the Fire Department. If you have any questions regarding the reorganization or the ordinances, please let me know, I a Bryn ey, rector Pe sonnet/Employee Rel tions KU/0 2271P/0054P C/TYofDENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 i TELEPHONE (817) 566.8200 MEMORANDUM TO: Betty McKean, Assistant City Manager FROM: Kathryn Usrey, Director Personnel/Employee Relations DATE: December 21, 1984 SUBJECT: Police and Fire Ordinances On Wednesday, December 19, 1984, the Civil Service Commission met and approved two items that pertain to the Police and Fire ordinances on the January 8, 1985 Council Agenda. They approved the deletion of the classification "Captain" in the Police Department and created the classification of "Division Commander". In the Fire Department that approved the deletion of the classification "Assistant Chief" and approved the creation of the classification "Division Commander", The minutes of that Civil Service Commission are attached and will be included in the back-up information for the January 8 Council Age,ida. If you have further questions regarding these matters, please let me know, a ryn rey, rec o Personnel/Employee Ref tions KU/ch Attach. 229!P/D054P mmwmm~ cvRRgNT FY 83/84 FIRE CHIEF DENTON FIRE DEPARTMENT ORGANIZATIONAL CHART I Secretary I I i f { ASSISTANT CHIRP E I I FIRE PREVENTION FIRE FIGHTING A TRAINING SECTION i INSPECTION RESCUE OPERATIONS FIRE TRAINING CAPTAIN FIRE MARSHAL BATTALION CHIEFS EMS COORDINATOR I i I I I i I ( COMMUNICATION SECTION I I FRO DISPATCHERS I I ~ I I I ~ I I FUNCTIONAL SUPERVISION OF EMEZ,CENCY INSPECTION SECTION INVESTIGATION SECTION COMPANY OFFICERS MEDLCAL ACTIVITY I INSPECTOR INVESTICATOR CAPTAINS _I I I I I I FIRE EQUIPMENT FIRE FIGHTERS EMERGENCY AMBULANCE OPERATORS ACTIVITY PARAMEUIC;i & EMT's 9/30/W PROPOSFD FY 84/85 DENTON FIRE DEPARTMENT CHIEF ORGANIZATIONAL STRUCTURE SECRETARY FIRE MARSHAL DIVISION COMMANDER DIVISION COMMANDER FIRE PREVENTION ADMINISTRATION OPERATIONS BATTALION CHIEF BATTALION CHIEFS FIRE TRAINING & A B C EMS COORDINATOR Shift Shift Shift FIRE ARSON PUBLIC EDUCATION FIRE PREVENTION CAPTAINS INVESTIGATOR OFFICER INSPECTORS STATION 11. t, 3, 4 F T FIREFIGHTERS 2nd FIRE APPARATUS PARAMEDICS r~FIRE APPARATUS DRIVER OPERATOR E.M,7,'s DRIVERJOP£RATOR 12/21/84 MINUTES OF THE SPECIAL CALLED MEETING OF THE CIVIL SERVICE COMMISSION December 19, 1984, 2:00 p.m. City Council Chambers PRESENT: Chair, Civil Service Commission, Robert Caldwell; Commissioners, Darrell Bulls and Donna Jeanes= Civil Service Director, Betty McKean; Director of Personnel, Katnryn Usrey; Personnel Specialist, Hope Guajardo, Fire Chief, Jack Gentry; Police Captains, Bill Cummings, and Gary Matneson. Chair, Robert Caldwell called the meeting to order at 2:00 p.m. 1. The Commission considered approval of the minutes of April 19, 1983 and March 26, 1984. Motion to approve the minutes of April 19, 1983 and March 26, 1984 made by Bulls and seconded uy Jeanes. Motion carried unanimously. 2. The Commision considered approval of the revised updated list of study naterial to be used in promotional examinations in all classifications in the Fire Department. Betty McKean, Civil Service Director, explained that the Commission would oe approving a list of materials which the firemen would study for promotional examinations. Commissioner Bulls asked where the materials were available. He said that the budget should be approved for the materials to be availaDle in substation so that off duty firemen can read them. Chief Gentry said that all the materials were available in sub- stations. Motion to approve the list made by Bulls, seconded by Jeanes. Carried unanimously. J. Consider deleting the classification of Captain in the Police Departnent and creating the classification of Division Commander. 4. Consider deleting the ~;iassification of Assistant Chief in the Fire Department and creating the classific,ition of Division Commander. Personnel Director, Kathryn Usrey, explained that these two items were changes in title only and not reorganization of departments. No job duties would change. Commissioner Bulls requested an organizational chart of the changes that will De made. Ms. Usrey provided that chart. Bulls asked if the current Assistant Fire Chief would be the Division Commander in charge of Operations or Administration, Usrey explained that would be at the discretion of the Chief. Minutes Special CSC Meeting December 19, 1984 Page Two Chief Gentry explained that this reorganization was a planning issue last year. EiTployees participated in planning this change and they supported it. Captain Matheson explained that the only people who would be affected by the change would he Captain Cummings, Captain Smithers and himself. Mt.tion to delete the classifications of Captain in the Police Department and create the classification of Division Commander made by Bulls. Seconded by Jeanes. The motion passed unanimously. Motion to delete tho classification of Assistant Fire Chief in the Fire Department and create the classification of Division Commander, made by 13ulls. Seconded by Jeanes. The motion passed unanimously. The meeting was adjourned at 2:20 p.m, Chairman, Robert Caldwell Civil Service Commission 0991a i i 5 ~ r w n t n M1 CITY COUNCIL AGENDA BACK-UP SUMMRY SHEET DATE OF MEETING: January B,- 191,5 COUNCIL AGENDA ITEM N: Ordinances SUBJECT: Pur:hase Order #66191 RONE ENGINEERS $6,500.00 SUMMARY: This,Purchase Order is for engineering services at the new landfill. This will cover the three remaining quarters of this fiscal year for soil and IIrear quality control. Services will be done in phases as required at an estimated cost of $2,167.00 each. ACTION REQUIRED: Approval by Council SOURCE OF FUNDS: Sanitation Bond Funas Qr MIMENDATION: We recommend this Purchase Order be approved for $6,500.00 to Rone Engineers. EXHIBITS: Purchase Order Copy Proposal by Rone Engineers Memo - 8111~Angelo SUBMITTED BY:•, Johrr,J..Marshall, C.P.M. /Purchasing Agent L 'A r `.cx. r v 0914E NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND ROBE ENGINEERS FOR ENGINEERING SERVICES IN REGARD TO THE EXCAVATION SERVICES OF THE NEW LANDFILL, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Denton to provide for its future needs for a new landfill, and W`IEREAS, the city staff has reconuended that Rone Engineers, be retained to prepare four soil and liner evaluation reports for the initial excavation of the landfill; and WHEREAS, Section 2.36 (f) of the Code of Ordinarces requires that the City Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.U9 of the Charter of the City of Denton, Texas requires that every act of the Council providing for Lhe expenditure of funds or for the contracting for indebtedness shall be by ordinance; NOW, THEREFORE, THE CCUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the :ity of Denton and Rone Engineers, providing for professional services comprising the preparation of four soil and liner evaluation reports for the initial excavation of the landfill under the terms and couJitions being contained in said agreement which is attached hereto and made a part hereof. SECTION It. That the City turmoil authorizes the expenditure of $6,500.00 as specified In the attached cost estimate. SECTIOIR III. That this ordinance shall become effective immedLately upon its passage and approval. PASSED AND APPROVED this the day of , 1985, RIND ~3'EfJ?7iZ ; tLAYOfF CITY OF DENTON) TEXAS ATTEST: i CHAKI.OTTE a CITY SECRETM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: Rona En$Ineen Geotechrncal Consultants Materials Testing 11308 Emerald Street Dallas, Texas 75229 214) 241.4517 rom Fort Worth 263.1555 Decesber Sr 1984 Proposal Nu, 12-3 City of Denton 901 Texas Street Denton, Texas 76201 Attn: Mr. Joe Leeaue SOIL, 6 In= QG%LM OIVRM PLAN D@tt'' 1AWFILL DMNXI TEE Gent 1w we i No are pleased to submit our proposal for conducting the necessary services required under the permit application for soil and liner quality control. This proposal is based on our conversation of Noveober 30, 1984 and information obtained from ®R. It is anticipated that within the first year of operation a total of four ph&:es will be completed in Area 1. Consequently four soils and liner evaluatior reports will be regitired by the Texas Department of Realthe Rona Engineers 'As proposed costs anticipated for the initial excavation (see Proposal No. 6-11, dated June 20, 1984). Cassequently, this proposal outlines cost estimates for the remaining three phases to be completed in the first year of operation. The soils and liner quality control plan of the permit application requires specific testing and quantities. These tests are listed below: 1. Auger borings in a 100-foot grid to verify clay t:hicknessi 2. One in-place density each 10,000 s.f. in each 8-inch lifts 3. Percent passing No. 200 sieve eacb five in-place densities and at least one per lift in e,.,uh area; 4. Permeability each 16-inch depth for every 10 in-place density tests and at least once per every two lifts; 5. Atterberg limits in each 8-incb lift once per Le ary 5 field density tests and at least once per lift] 6. Tc*al liner thickness verified once in each SOO s.f. of surface area. City of Denton Decenber 5, 1984 Page Two AMICIPAM Om FM SERVICES We will perform the services in accordance with the attached schedule of fees. Based on the above quantity of work and the attached schedule, the total cost of each investigation should be on the order of 52,00040 to 520,100.00. For budget purposes, a maximum cost of ;1,200.00 is recaaue xW. This cost will not e7ceeded without prior authorization. Considering a total of three additional Phases or excavation areas to be coupleted within the one year time period, total cost of the investigations should be on the order of $60,500.00. Thank you for the opportunity to present this proposal. Please sign and return one copy as your authorization to proceed. We look forward to working with you on the project. If any questions arise, do not hesitate to call. Very truly yours, RCW ENMNEIM ACCE TIDs Ronald F. Reedr P.B. Vice-President, Engineering Date KAK/RFR/awm copies sU mitteds (2) I Rone Engineers w COAT SYPDuas M PW" SOIL AM LnQ QMLZ'1'Y OWFIC . DWON LEI wni DO=r THWS This cost estimate is for one phase only. FjPTA nyls i tion Mobilization of drill equipment, location of borings, drilling of auger borings, lump sum $ 450.00 Subtotal, Drilling $ 450900 i$t"Wa Tssti04 9 In-Place densities e $20.50/each $ 184.50 2 Proctor tests 8 $110*00seach $ 220.00 15 [ours, technician time ! $24.50AM r $ 367.50 Subtotml, 04T $ 772.00 hhotato lawn 2 Sierra Analysis (through 1200 sieve) 4 $22M/ear h $ 44.00 2 Liquid and Plastic Limit determinations 0 $32.00/each $ 64.00 3 Permeability tests ! $55.00/each $ 165000 Subtotal, Laboratory $ 273.00 F LJM Engineering Site visit and completion of soils and liner evaluation report (lump sum) $ 550.00 Subtotal, Engineering $ 550000 TOTAL, $ 2104540 Total estimated cost is $200040 to 52,100.00. Lbit prices shown are applicable through December 19854 The final invoice will be based on the specific quantities and tests performed. Rove Engineers a rEXAS 215 E. McKINNEY ST. PURCHASE ORDER DENTON, TX 78201 P. 0. f IUMSER DATENENDOR NO. DOCUMENT 12/t0/84 Sol Ty RON49000 VENDOR: SHIP TO: 1' JN FN i[•1!' .:-AA CITY OF 0E:NTCN 121 `to rAYr,_;,- CENTRkL RECEIVING FT. •_1..Ttl T.Y4' 901 TEXAS STREET 71111 DENTUNs TX 76201 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOL 01 4131 J_=:3 u5J2 3 SOIL ANALYSES G REPORTING 6.50U.v TOTAL FOR Poo* ~•~JU•0. Tice City of Denton, Texas Is tax exempt • House Bill No. 20. Reference P.O. Number on all 811., Shipments and Invoices. Shipments are F.0.8. City of Denton, or as Indicated. Seed Invoices TO: Direct All Inglirl" T0: City of Denton, Accounts Payable John J. Marshall, C.P.M. Purchasing Agent 215 E. McKinney St., Denton, TX 75201 Tom D. Shaw, C.P.M. Asst. Purchasing Agent Phone 8171588.8223 61715"11 D1FW Metro 2674042 The o4y of Denton Is an equal opportunity employer CITYOI DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M O R A N D U M TO+ The Mayor and Members of the City Council FROMI Bill Angelo, Assistant to the Director of Public works DATES December 7, 1984 SUBJECTi SOILS ANALYSES PROPOSAL Attached please find a proposal from Rone Engineers for ongoing soil sampling at the new landfill. The proposed testing and reporting are prescribed by the Texas Depart- ment of Health as mandatory, and since Rone has performed all prelimi- nary soils analyses at the site and can therefore provide these services expeditiously and at reasonable cost, Staff recommends the Council accept the proposal under the terms and conditions stater therein. Respectfully submitted, Bill Angelo BA/sc sw4 Attachment DATE: 1/8/85 CITY COUNCIL REPORT FORMAT _ TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: APPROVE THE INSTITUTION OF ANNEXATION PROCEEDINGS ON A TRACT OF LAND CONSISTING OF APPROXIMATELY 31.027 ACRES OF LAND BEGINNING, AT THE SOUTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE (FM 2181) (A-8) RECOMMENDATION: The Planning and Zoning Commission recommends approval. SUMMARY: This is a voluntary request. A change in zoning petition will be considered afte v final annexation action is taken. BACKGROUND: The Planning and Zoning Commission recommended approval at its meeting of October '24, 1984. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: See Service Plan. FISCAL IMPACT: See Service Plan. RespectfOly bmit edy 3a • 4 94~e 0. Chris Hartung City Manager Prrep~arreed, by % David Ellison Senior Planner Approved: j0 Director of Pla ing and Community Development 09408 CITY COUNCIL AGENDA HACK-UP SUMMARY SHEET MEETING DATE: January 8, 1965 SUBJECT: Approve the institution of annexation proceedings on a tract of land consisting of approximately 31.027 acres of land locaced at the southwest corner of Ryan Road and Teasley Lane (FM 2181)-(A-8) SUMMARY: Continuation of the annexation process requires institution of annexation proceedings. This is the tract owned by Mr. B. L. Archer which has been submitted for a change in zoning allowing seventeen acres of single family land use, ten acres of multi-family cluster housing, and four acres of general retail and neighborhood service land use, ACTION REQUIRED: Move to institute annexation proceedings ALTERNATIVES: 1. Move to institute annexation proceedings 2. Discontinue annexation proceedings RECOMMENDATION: The Planning dnd Zoning Commission recommends approval of institution of annexation proceedings on the above referenced tract EXHIBITS: 1. Ordinance 2. Service plan 3. Map David Ellison n Senior Planner U556J 0903L NO. AN ORDINANLE 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 34.173 ACRES OF LAND LYING A%D BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AvD BEING PART OF THE ELI PICKETT SURVEY, ABSTRACT NO. 1018, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPEKIY; ANU DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a iq~gular meeting of the City CouncIA of the City of Denton, Texas, on the petition of B. L. Archer; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 4th day of December, 1984 in the Counctl Chambers for all interested persons to state their vies ,nd present evidence bearii.g upon the annexation provided by this ordinance; and WHEREAS, an opportunity wac afforded, at a public hearing held for that purpose on the 18th day of December, 1984 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full st least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTUN, TEXAS, HEREBY ORDAINS: SECTION I. Tnat the hereinafter described tract of lr,nd be, and the sane is hereby annexed to the City cf Denton, Texas, and the sa.tc is nade hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights And privt,eges of other citizens of said City and shall "?e bound b; the acts and ordinances of said City now In effect or %.hich aiy iiereafter be enacted and the property ituatea therein shall :e subject to and shall bear its prorate part of the taxes levied by the City. The tract of land hereby Annexed is described as follows, to-wit: All that certain 34.173 acre tract or parcel of land situated in the Eli Pickett Survey, Abstract Nuaber 1018, Denton County, Texas; said tract being more particularly described as follows: BEGINNING for the southeast corner of this tract at a point in the east right-of-way of Farm-to-Market Road Nuuber 2181, (Teasley Lane), said right-of-way is the City of Denton, City lt,nit line as shown on Annexation Ordinance 65-43, Tract III, said point Is north 89°53' east 90.00 feet from northeast corner of a tilled 56.103 acre tract, recorded in Volume 769, Page 553, Deed Records, Denton County, Texas-, THENCE south 89°530 west crossing said F.M. 2181, part way with north line of said 56.103 acre tract, a distance of 1389.86 feet to a point for the eouthirest corner of this tract, A•8/e. L. ARCHER/PAGE ONE THENCE north 00°07'44" west a distance of 1132.64 feet to the north right-of-way of Ryan Road, also the City of Denton, City limit line as shown on Annexation Ordinance No. 75-31, for the northwest corner of this tract; THENCE north 89°57' east with said north right-of-way and City limit line a distance of 1102.74 feet to said east right-of-way of Teasley Lane, for northeast corner of this tract; THENCE south 33°49'45" east with said City limit line a distance of 58.64 feet to the beginning of a curve to the right having a radius of 1477.30 feet (chord bearing south 17°37'45' east); THENCE southeasterly with said City limit line, and said curve an arc distance of 835.39 feet to end of curve; THENCE south O1°25'45" east with said city limits and east right-of-way a distance of 296.56 feet to Point of Beginning. SECTION II. The above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION Ill. This ordinance shall be effective immediately upon its pass&&". Introduced before the City Council on the Jay of , 19 PASSED AND APPROVED by the City Council on the day of 19r. RICRARD 0. .HAYOR CITY OF DENTON, TEXAS ATTEST: CFMOTTE ALLEN, CITY 5LCRETM CITY OF MiTONs TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BYs A-8/5. L. ARCHER/PACE TWO PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map -.f the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of c.ervice: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and uther traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, frora existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services ~1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effe1- tive date of annexation, The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution (1) The city recommends the use cf City of Denton for electric power, Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II, Capital Improvement Program (CIP) The CIF of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of ,iroblems compared t.~ other areas, established technical standards and nrofessi.onal studies, and natural or tecr:.ical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than cne year from the date of annexation. In this new CIP plannl:g year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. • ~ l1 ~ U \ e~ C - - RV N r ROAD OcJ I I, MAP ►+tir a ra,rl J Wa ro- o I ~ T1 T ~ 1p 1 _ ~ I J '1~. \ f 1 ~ A i I. ~ `1\J• V'~ j Ira f T . In al v~ r IF M t CLUSTER ( 1 I t/ ` 17 10 Ac O 17 -IA. I 11 dJ / 7 If%~ . a • • • ~ ~ ~ Ohl r- W 1... 1 i Ira r tw ltna ►aw 11 . I IF k 11 ~ ~ 1 er t !1 }../T 'N at 1. r I• I rl ]U t 1 11 1: ~ ~ - ~T~I~ ~O n \ c' 1 ' i C AJerN701! AD l a~ 4 .•1) a.e. .,r tin ~ r s•" In\tI r V 1 t•.I NI•r., r ~ . llllfFU SF/1Z r a. rM41I C 41. LFU ]102f At- Iw- as-..,. FLI P~C`af iT SURVEY A1019 Isis '~t'A, 4^''F`` PCNtOIJ 117U11TV~ Tf kAS M'Ias -..__1,rr SI r. _ 021 Au a! ELF PICKETT 5UAlvCV,-IO4 ruaw, nn >s raYl l wl.~~ l o.~w.•r.~wl nrlllw •w Iy IN lid am #km P & Z Minutes November 14, 1984 Page 8 D. Make a recommendation to the City Council regarding the proposed voluntary annexation of 31.027 acres located at the southwest corner of Ryan Road and Teasley Lane (FM 2181) (A-8). Mr. Ellison stated this is a voluntary annexation petition for 31.027 acres located at the southwest corner of Ryan Road and Teasley Lane (FM 2181). He stated the owner of the tract, Mr. B.L. Archer, has submitted a change of zoning request which if approved will permit 17 acres of single family land use, 10 acres of multi-family cluster housing, and four acres of general retail and neighborhood service land use. He further stated the Planning and Community Development Department recommends approval of this annexation request. Mr. LaForte made a motion to recommend approval of the proposed voluntary annexation of 31.027 acres located at the southwest corner of Ryan Road and Teasley Lane. Seconded by Mr. Claiborne and unanimously carried (5-0). E. Make a recommendation to the City Council concerning the proposed annexation of approximately 5 acres of land located north of Highway 380 west and adjacent and west of Masch Branch Roa9 (A-9). Mr. Ellison stated staff has received a preliminary plat of a proposed five acre -)ffice development ►.hich is a portion of a 69 acre parcel owned by Tri-Stee' Struc- tures, Inc. The preliminary plat of the Tri-S.,iel Headquarters Addition (_1ve acre office site) has been reviewed and accepted by the Development Review Commit- tee and approved by resolution of the City Council. He stated due to the location of this property in relation to the Denton Municipal Airport, the Development Review Committee requested submission of a general development plan fo; the entire parcel. He stated it has been the practice of the City Council and the Planning and Zoning Commission to recommend annexation of parcels it the region of the municipal airport that are experiencing development activity. An airport master plan effort is currently underway and staff is continuing its policy of encouragin develop- ments in proximity to the airport that have ~ittle future liability potential insofar as height, noise, or ot;ser potentially negative considerations are concerned. He stated Tri-Steel Structures has cooperated with annex- ation efforts to date and has expressed a desire to have its preliminary and final plat approved prior to final action in February, 19435. He stated toe intent is to begin development on the five acre office site immedi- ately. He stated although not zoned, Tri-Steel Struc- tures has agreed to a maximum of two stories for the proposed office use; staff recommends continuation on the five acres proposed to be developed. Ms. Cole made a motion to recommend the proposed annexation of approximately 5 acres of land located north of Highway 380 west and adjacent and west of Masch Branch Road. Seconded by Mr. LaForte and unanimously carried (5-0). DATE: 118/85 CITY COUNCIL REPORT FORMAT OF TO, Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: APPROVE THE INSTITUTION OF ANNEXATION PROCEEDINGS ON A TRACT OF LAND CONSI3TING OF APPROXIMATELY 5.7 ACRES BEGINNING NORTH OF HWY 380 WEST AND ADJACENT AND WEST OF MASCH 81~ANCH ROAD U-9) RECOMMENDATION: The Planning and Zoning Commission recommends approval. SUMMARY: This is an tavoluntary annexation request, however, the owners have not voiced any objections. The 5.7 acre site for an office to a:comodate Tri-Steel Structures, Inc. is . portion of a tract that totals 69 acres in size. A preliminary plat has been approved and final plat approval to anticipated in the near future. BACKGROUND: The dunning and Zoning Commission recommended approval at its meeting of November 14, 1986. PROGRAMS DEPARTMENTS 0& GROUPS AFFECTED: See Service Plan. FISCAL IMPACT: See Service Plan. Respectfully ubmitted 0 G. Chris Hartung City Manager Pre aced by: , ~ David Ellison Senor Planner Approved: *"it I A%-k Jeff Director of Planning and Community Development 0940& CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: January S. 1985 SUBJECT: Approve the institution of annexation proceedings on a tract of land consisting of approximately 5.70 acres located north of Hwy, 380 West and adjacent and west of Masch Branch Road (A-9). SUMMARY: Continuation of the annexation process requires institution of annexation proceedings. This is the Tri-Steel Structures, Inc. headquarters site. The balance of the tract will be submitted for annexation in the near future. ACTION REQUIRED: Move to institute annexation proceedings RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVES: 1. 4'cve to institute annexation proceedings 2. Disccntinue annexation proceedings EXHIBITS: 1. Ordinance 2. Service Plan 3. Map p0IJ ~ 0 5avid Ellison Senior Planner 058ls 0933L No. AN ORDINANCE AN;7E!II6'G A TkACT OF LANND CONTIGUCU'S A:.D .DJACENr TO ME CITY OF DE,' JN, rl:XAS; BEING ALL TI'IA LOT, :N_ACT GR PARCEL OF LAND CONSISTING OF APPROXIMATELY 5.70 ACRES OF LAND LYING AND bEI:.G SITUATED IN THE COUNTY OF UtNTON, STATE OF 'TEXAS A.VD SEI::G PART OF THE S. hUILAR SURVEY, AISSiiaLl NO. 514, Dui TO:; coos Y, TEXAS; LLASbIFYING THE SAME AS AGRICULTURAL "A" DISTRLCT FROYl:RTY; ANO CECLAI:LNG AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of tie City of Denton, :eras, on the petition of the City of Penton, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 4th day of Dec tuber, 1984 in the Council Chaubers for all interested persons o state their views and present evidence bearing upon the ar exation provided b this ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 18th day of December, 1984 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Centun, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter desctibed tract of land be, and the saae is c.ereby annexed to the City of Denton, Te,cas, and tre aa:1e is made vereby a part of saia Cf.ty and the land and the present and future inhabitants thereof shill be entitled to all the riy'nts orn privileges of other citizens of said City end smelt be ooun.a by t'i;e acts and ordinances of said City LIUW in effect or -nicih m1y hereafter be enacted and the property situated therein shall '-e subject to and shall bear its prorata part of the taxes l%:vled uy the City. The tract of land hereby annexed is described as follows, to-wit: All that certain tract or parcel of land lying and being sit..,..d in the County of Denton, State of Texas, being part of t.e S. Huizar Survey, Abstract Number 511. and more particularlj described os follows: 3EGI;.UING at a point in the present city limits as described in Ordinance No. 74-36 Lracts, said point lying in t.:e west rigut-of-way line of Aasch Branch Ruad and 5U0 feet north of cne centerline of U. S. H18t'Wdj 380; THENCE north 89°21'56" west along the said present city limits a distance of 513.50 feet to a point for a corner; THENCE north 51007'Il" west a distance of 218.41 feet to a point for a corner; A-9/TRI-STEEL STRUCTURES, INC./PAGE ONE THENCE north 20°-51'02" east a distance of 132.88 feet to a point for a corner; THENCE north 87°48'54" eas; a distance of 106.69 feet to point for corner, THENCE north 56°16'35" east a distance of 178.40 feet to a point for a corner; THENCE north 12°54'08" west a distance of 95.07 feet to a point for a corner; THENCE north 88°36'24" eas: a distance of 390.69 feet to a point for a corner in the west right-of-way line of Masch Branch Read; THENCE south 1°23'16" east along the west right-of-way line of Mash Branch Road, a distance of 472.31 feet to the place of beginning and containing 5.10 acres of land, more or less. SECTION II. The above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, ,:hich map is hereby amended cccordingly. SECTION III. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the day of , 19- PASSED AND APPROVED by the ity Council on the day of 19,_-- RICHARD 0. E Ail , MAYOR CITY OF DENTON, TEXAS ATTEST: .7, -CITY 7SECRVARY CITY OF DENTON, T1:XAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON* TEXAS BY: A-91TRI-STEEL STRUCTURES, INC./PAGE TWO PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON. TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Mater (1) Stater for d,,mestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance •,ith article 4.09 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pio- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I, Street Lightinf (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existi-I recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately G months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. .J jl triSiS f 7~Zlf lit rj ~ 40 4 C .7 to i-• / • r O 3z • 1 MBRANCH' 0 f •I l •~1t1 : a Oil fit; Ile lo. .14 z IT C. 0III0 go o. fr- MG • 1 ~ ~ rTi n• t Z P &L Minutes November 14, 1984 Page 8 D. Make a recommendation to the City Council regarding the proposed voluntary annexation of 31.027 acres located at the southwest corner of Ryan Road and Teasley Lane (FM 2181) (A-8). Mr. Ellison stated this is a voluntary annexation petition for 31.027 acres located at the southwest corner of Ryan Roid and Teasley Lane (FM 2161). He stated the owner of the tract, Mr. B.L. Arcner, has submitted a change of zoning request which if approved will permit 17 acres of single family lend use, 10 acres of multi-family cluster housing, and four acres of gecieral retail and neighborhood service land use. He furt'her stated the Planning and Community Development Department recommends approval of this annexation request. Mr. LaForte made a motion to recommend approval of the proposed voluntary annexation of 31.027 acres located at the southwest corner of Ryan Road arl Teasley Lane. Seconded by Mr. Claiborne and unanimously carried (5-0). E. Make a recommendation to the City Council concerning the proposed annexation of approximately 5 acres of land located north of Highway 380 west and adjacent and west of Masch Branch Road (A-9). Mr. Ellison stated staff has receive.i a preliminary plat of a proposed five acre office development which is a portion of a 69 acre parcel owned by Tri-Steel Struc- tures, Inc. The preliminary plat of the Tri-Steel Headquarters Addition (five acre office site) has been reviewed and acceppted by the Development Review Commit- tee and approved by resolution of the City Cnuucil. He stated due to the location of this property in relation to the Denton Municipal Airport, ttie Development Review Committee requested submission of a general development plan for the entire parcel. He stated it has been the practice of the City Council and the Planning and Zoning Commission to recommend annexation of parcels in the region of the municipal airport that are cxperiencing development activity. An airport master plan effort is urrently underway and staff is continuing its policy of encouraging develop- ments in proximity to the airport that have little future liability potential insofar as height, noise, or other potentially negative considerations are concerned. He stated Tri-Steel Structures has cooperated with annex- ation efforts to date nud has expressed a desire to nave its preliminary and final plat approved prior to final action in February, 1965. He stated the intent is to begin development on the five acre office site immedi- ately. He stated although not zoned, Tri-Steel Struc- tures has agreed to a maximum of two stories fur the proposed office use; staff recommends continuation on the five acres proposed to be developed. As. Cole made a motion to recommend the proposed annexation of approximately 5 acres of land located north of Highway 380 west and adjacent n^d west of Masch Branch Road. Seconded by Mr. LaForte c unanimously carried (.~-0) . DATE: 1/8/85 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council ~ FROM, C. Chris Hartung, City Manager SUBJECT: APPROVE THE INSTITUTION OF ANNEXATION PROCEEDINGS ON A TRACT CONSISTING OF 131.761 ACRES OF LAND BEGINNING SOUTH OF ROBINSON ROAD AND EAST OF NOWLIR ROAD (o-10) RECOMMENDATION: The Planning and Zoning Commission recommends approval. SUMMARY: This is a voluntary request which includes a portion of the proposed 760 acre Oakmont mixed use development. BACKGROUND: The Planning and Zoning Commission recommended approval at its meeting of November 14, 1984. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: See Service Plan. FISCAL IMPAC':: See Service Plan. Respectfully submitted: C. Chr s Ha • City Manager Prepared by,.. David Ellison Senior Planner Ap roved : v r Jeff He Director of Planning and Community Development 0940& CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: January 8, 1985 SUBJECT: Approve the institution of annexation procedures of a tract of land consisting of approximately 131.761 acres of land located south of Robinson Road and east Nowlin Road (A-10) SUMMAR':: Continuation of the annexation process requires institution of annexation proceedings. The above referenced property is a part of the 670 + acre proposed Oakmont Development. ACTION REQUIRED: Move to institute annexation proceedings ALTERNATIVES: 1. Move to institute annexation proceedings 2. Discontinue annexation proceedings RECOMMENDATION: The Planning and Zoning commission recommends approval of institution of annexation proceedings on the above referenced tract EXHIBITS: 1. Ordinance 2. Servico Plan 3. Map David ,Ilison Senior Planner 0554] I C'o AN O I)I::ANCE ANNEXI::G A TRACT OF LAi+U COi:TIGIQI!S AoD :HE CITY CF DENTON, TEXAS; dEiliG ALL 'THAT LO:, TPACT OF pAr.CKL t,F LAND CONSISTING OF APPROXINATELY 130.53 ACKFS OF LA:.D a.'m1 G ':D L;Llt:G ITUATED IN H COUJU OF bLNTON, S07ATE CF TEXAS A'X MM; PACT OF THE 8. Uf,CH NT SL'F,4EY, AsSZKk-T S0. 60U, Li:: TtJ:G CUL'-~CY, 'iKXAS; CLASSIFYING THE SAME AS AGRICLLri:iLAL "A" DI~Tkt eF,CPEi,7'e, A:,C OECLAKING AN EFFECTIVE CA-E. 6ilEi',EAS, the request for annexation was intruduced at I reSuiar aeetinh of the City Council of t,re City of Penton, :er:as, on the eetit tun of tine City of Lenton, iexd_; anL k'la',REAS, an opportu.ti[y was afforcei, at , pa:.iic irg i•c ld for that purpose on the 4th day of UaCL3GeC, 116+ i;. t,'.u LoUnCll Chambers for all interested persoi,s co stutt tl.eir ur,d present evidence bearing upon the a,:nex„tion pruvi:ed Sy ti;is ordinance; and UHEKEAS, an opportunity was afforded, at ..a rublic kedrih; oulu for that purpose on the ltith day of Cece-tber, 1,)J4' in tt;e Council Chambers for all interested persons to state their views and pt•esent evidence bearing upon the ennexation provi4ed by this ordinance; and iiHEhEAS, this ordinance has been pubiisi,ed in full at least :ne tiae in the official newspaper of the City of Canton, Te:cus, prior to its effective Late, and after tha public heari ds; 2WU, THEKEFOKE, THE COUNCIL OF THE CITY OF DL'STON, TEXAS, hEKEBY ORDAINS: SECTION I. 1:.at the hereinafter described tract of land i;e, t,,, sd;je is hereby arnexed to the City of Le: tuft, :cxc,, 1. ; t•.e ;A:ue is made herebv a part of said City jr,a t:.e lar~ A! toe ;re~euC and future &.ohjoit„nts thereof r.i•,dLI '.)e eutitit, rrrl t, c rights and privi loges of otl;ur cititCr )i > sid C ,rsu .,,Ali oe uc+und by tlit acts and uruiuu6:Les 1. LA 1:0. L: ..,•c uiL-Ct ur wriclt -Xay hereafter be enLCteu IcC t•.L r:pe:t situ.-Led therein swell be subject to •rid si,aL L ' e.rr its i ; ..t r paiC rile, taxes levied Ly tire City. trOC[ sc.i rocs J~,nexeu is described as follows, to-wit: All that certain tract or parcel of land Lylrng and be in situated in the County of Denton, State „f Texas, Laing pert of tine b. I:erchant S+.rvey, Abstract No. 600, and -Tore particularly described as follows: uEGI:KING at a point in the present city 11aits is described in Ordinance No. 78-28C, said puint lying ) fee[ north of and l0 feet west of the post southeast Cor'f'u of said B. :;erchdnt Survey, Abstract No. 8OU; :HESC'E north 65°39' west along the said present city limits, LU feet north of and parallel to tire south uuun'dry Line of s.+ld B. :ierchant Survey, a distance of 1399.9 feet to a point Ear a corner; THENCE suutn 1°30' west along the said prusent city limits a distance of 10 feet to y point fur a curnur, said puint lying in. the south boundary line of said S. tlerchar,t Survey; A-10/IIYEP,S DLYLLO?NENT CORPOjLATICii/PAGE ONE THENCE north 85°39' west along the south boundary line of said B. Merchant Survey a distance of 150.98 feet to a point for corner; THENCE north 1°08' east a distance of 3319.61 feet to a point for a corner in the center of a road known as Kowlin Road; THENCE south 86°4l' east a distance of 1551.11 feet to a point for corner in the present city limits; THENCE south 3°U7' west along said present city limits a distance of 1175.7 feet to a point for a corner; THENCE south 85°32' east along said present city limits a distance of 365.88 feet to a point for a corner; THENCE south 4°47' west along said present city limits a distance of 1262.3L feet to a point for a corner; THENCE south 4°05' west along said present city limits, a distance of 893.88 feet to the place of beginning and containing 130.55 acres of land, more or less. SECTION II. The above described property is hereby classified as Agricultural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the day of , 19 PASSED AND APPROVED by the Ctty Council on the day of 19 MAYOR CITY OF DENTON, TEXAS ATTEST: SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JUi. D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: A-l0/NYERS DEVELOPMENT CORPORATION/PACE TWO PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating ann^xation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CIY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel. and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is establishes by appropriate study and traffic stand;.1rds. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on th3 effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of tye City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of tAe code of the City of Denton, Texas, E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets ,repair of hazardous chuckholes, measures necessary for traffic fl)w, etc.) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the anneexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, 0. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power, I Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as;: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems Compared to other areas, established technical strndards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. I e 4b W z ~ O'f'Vro)V CIry C/MiTf .J COA'/NTN Ciro L M~ rs ~b 4~ I Lfc DR + CavRCI! D,t v + 0 -10 Cirr (IA4rs. ioN MAP j. V & 2 Minutes November 14, 1984 Page 9 r Make a recommendation to the City Council concerning t the proposed voluntary annexation of 131.761 acres of land located south of Robinson Road and .:t of Nc!,,!n Road (A-10). Mr. Ellison stated this is a voluntary annexation request for 131.1ol acres of land located south of Robinson Ro"d and east of Nowlin Road, the proposed Oakmont Development, which is located in both Denton and Corinth. He stated staff recommends approval of .he voluntary annexation of this request. br. Juren made a motion to recommmend the proposed .oluntary ennexacion of 131.761 acres of land located south of Robinson Road and ease of Nowlin Road. Seconded by Mr. Escue and unanimously carried (5-0). G. Make a recommendation to the City Council concerning the proposed voluntary annexation of approximately 111 acres located west of I-35E service road and north of Marshall Road and east of the Topeka and Santa Fe Railway (A-12). Mr. Ellison stated this is a voluntary annexation re- quest of approximately 112 acres located west of 1-35E service road and north of Marshall Road and east of the Topeka and Santa Fe Railroad. He stated staff recoo- mends approval of this annexation request. Mr. Escue made a motion to recommend the annexation of approximately 112 acres located west of 1-35E service road and north of Marshall Road and east of the Topeka and Santa Fe Railroad. Seconded by Mi. Cote and unanimously carried (5-0). H. Adoption of Policies of Planning and 'Coning Commission. Mr. Ellison stated staff recommends tabling this item until the next meeting when the director of the Planning and Community Development Department can be present to discuss the policies. Mr. LaForte stated he would like to re-word item D to read: Those persons in opposition to [he request speak or ask qut?; ions next. 1. Recommend approval of the preliminary plat of the Paisley Street Addition, Block 1, Lot 1. Mr. Persaud stated this is a tract of 0.344 acres situated south of and abutting Paisley Street and west of and abuttig Ruddell Street. The site is toned single family (SF-7) and the purpose of the preliminary plat is to establish two single family lots. He stated Develop- ment Review Committee recommends approval with conditions. Charles Watkins, ►epresenting the owner of this addition, stated he is asking for a variance on front- age of the property as there is curb and gutter on Ruddell Street. He stated estimated costs for a small job of 150' of curb and gutter would be $11,500. He stated these are hard to develop lots and they are zoned SF-7 and we are trying to comply with that. Mr. Ellison stated there are three alternatives regarding perimeter street paving. Mr Greg Edwards stated this tract sits on a hill; the main portion of the tract drains downnill toward Ruddell. DATE: 1/8/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chrie Hartung, City Manager SUBJECT: INSTITUTION OF ANNEXATION PROCEEDINGS ON A TRACT OF LAND CONSISTING OF APPROXIMATELY 112 ACRES BEGINNING NEST OF I-35H SERVICE ROAD, NORTH OF MARSHALL ROAD, AND EAST OF THE A.T. & S.F. RAILWAY (A-12) RECOMMENDATION: The Planning and toning Commission recommends approval. SUMMARY: The propased annexation is a voluntary request. No opposition was voiced at the two public hearings. BACKGROUND: The Planning and Zoning Commission recommended approval at its meeting of November 14, 1984. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: See Service Plan, FISCAL IMPACT: See Service Plan. Respectfully submitted: -001~4l G. Chris-Hartung City Manager Prepared by- David Ellison Senior Planner Approved: JsE Director of Planning and Community Development 0940L CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: January 8, 1985 SUBJECT: Approve the institution of annexation proceedings on a tract of land consisting of approximately 112 acres of land located west of the I-35N service road, north of Marshall Road, and east of the A.T.& S.F. railway (A-12). SUMMARY: Continuation of the annexation process requires institution of annexatior proceedings. The proposed use of this land is light industrial (LI). The Planning and Zoning Commission will consider recommending the requested zoning at its meeting of January 2, 1985. ACTION REQUIRED: Move to institute annexatio,~ proceedings ALTERNATIVES: 1. Move to institute annexation proceedings 2. Discontinue annexation proceedings RECOMMENDATION: The Planning and Zoning Commission recommends approval of institution of annexation proceedings on the above referenced tract EXHIBITS: 1. Ordinance 2. Service Plan 3. Map David Ellison y - Senior Planner 0555] 0934L NO. 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 111.11 ACRES OF LAND LYING AND PEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE B.B.B. 6 C.R.R. CO. SURVEY, ABSTRACT NUMBER 141, AND THE R. WHITLOCK SURVEY, ABSTYAC': NO. 1403, DENTON COUNTY, TEXAS; CLASSIFYING, THE SME AS AGRICULTURAL "A" DISTRICT PKOPERTY; AND DECLARING AN EFFECTIVE DATE. WHEP CAS, the reyaest for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton, Texas; and WkF.REAS, an opportunity was afforded, at a public hearing held for that purpose on the 4th day of December, 1984 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was afford. 1, at a public hearing held for that purpose on the 18th day of D,. .tuber, 1984 in the Council Chambers for all interestea persons to state their views and present evidence bearing upon the annexation provided by triis ordinance; and WHEREAS, this ordinance has been published in full At least one time in the official newspaper of t!ie City of Certon, Tex,+s, prior to its effective date, and after the public hearings; NOW, THE-EFORE, THE COUNCIL OF THE CITY OF DENTON. TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the sa=e is hereby annexed to the City of Uenc:n, Texas, and the sane is made hereby a part o! said C'ty and the land nd the present and future inhabitants thereof si-. 1 be entitled Lo all the rights and privileges of other citizens f said City and shall be bound by the acts and ordinances of S. id City now in efiect ur which =ay hereafter be enacted and the property situated therein shall 'ce subject to and ,hall bear its prorata ptrt of the taxes Iovled by the City. The tract of land hereby annexed is described as follows, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the B.b.3. 6 C.R.R. Co. Survey Abstract Number 141, and Lite R. Whitlock Survey, Abstract Numtter 1403 and more particularly described as follows: BEGINNING at a point in the present city limits as desc:ibed in Ordinance No. 65-43 Tract No. V, said point lying 600 fee'. west of the vest right-of-way line of interstate Highway 35; THENCE south 89°58'42" west along said present cit, limits, a distance of 1346.13 feet to a point Cur a corner in he northeast right-of-way of the A.T. 6 S.R, Railroad; toh thef right with distance a radius 94.68 THENCE north tto 3 the 2begi beginning along of a curve right-of-way, of 9091.23 feet; A-12/WALTER DERODE-PAGE ONE THENCE northwesterly, along said curve and right-of-way, said curve having a chord of north 3J°17'16" west, an are distance of 254.27 feet to t.ie beginning of a curve to the right with a radius of 6800.60 feet; THENCE northwesterly, along said curve and right-of-wav, said curve having a chord of north 25°46'37" west, an arc distance of 1324.91 feet to a point for a corner; THENCE north 0°54'39" west, a distance of 1165.47 feet to a point for a corner, sane being the norchwest corner of a tract conveyed to N. W. Marshall by deed recorded in Volume 416, Page 600 of the Deed Records of Denton :ounty, Texas; THENCE south 89°51'30" east, a distance of 1961.87 feet to a point for a corner in said present city limits; THENCE south 3°39'47" east, along said present city limits, a distance of 2648.36 feet to the place of beginning and containing 111.71 acres of land more or less. SECTION 11. I the above described property is hereby classified os Agricul- tural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is Hereby amended accordingly. SECTION III. I't,is ordinance shall bs effective immediately upon its j passage. Introduced before the City Council on ti;e d.ev of 19 PASSED AND APPROVED by the City Council on tht day of 19_ KICWD 0. , NA`fOR CITY OF DENTON, TF,:v1S ATTEST: CITY OF DENTON,0TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTIN CITY ATTORNEY CITY OF DENTON, TEXAS 8Y: A-12/WALTER DERODE-PAGE TWO Y"r .il, ♦ . i lip a w. ♦ a a PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city linos on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4,04 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, 'texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same ba6is as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such mayor improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K, Electric Distribution (1) The city recommends the use of City of Denton for electric power, 9f Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The flan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. 1 l ~ ~ 1 1 . a 1 :eur'a tort. A 12 1 n ~ P AIN 11 Ulr pl I , A '4V? 1 l1 H K a 1. MR lU 5[ A Ltl AA 11 `.r A 4,1! 11 r 4 Or• ' • ' t 1 1 Ill 109 At M 11 1 P J 1 R I r ~ 3l PiI%O14 SI A . • yX iaruSlYiA1 rr.. 's r\ • rlM,l 1 V '..1 qr"1^. n :'11 fCN~ ADIp ~f 1 l • I ~n.~.n 1 ' I, M1I [.E 1 76 Sl1l l ft[l1\i111[r tOY[Vf PtAf 14286 Aa R WOLOU SY A 1407 DDD At AR CO Sr A 14r W W4K SY 4 N01 Ir+N 110c4[fY111+1~j •~1t~11tt►N CITY 1 COAIY! DEMON,T[t A 14106 il MM IfN A'NOY sR. t'iDiR ► ieiii PC JVWY/i'. ~YrYY.YA[•wJl n[n Mw 111! Wr.r1 flglOt YMY ~I~M7f 1 P b Z Hiriutes November 14, 1984 Page 9 I F. Make a recommendation to the City Counci, concerning the proposed voluntary annexation of 131.761 acres of land located south of Robinson Road and east of Nowlin Road (A-10). Mr. Ellison stated this is a voluntary annexation request for 131.7ol acres of land located south of Robinson Road and east of Nowlin Road, the prop used Oakmont Development, which is located in both Denton and Corinth. He stated staff recommends approval of the voluntary annexation of this request. Mr. Juren made a motion to recommmend the proposed voluntary annexation of 131.761 acres of land located south of Robinson Road and east of Nowlin Road. Seconded by Mr. Escue and unanimously carried (5-0). G. Make a recommendation to the City Council concerning the proposed voluntary annexation of approximately 112 acres located west of 1-35E service road and north of Marshall Road and east of the Topeka and Santa Fe Railway (A-12). Mr. Ellison stated this is a voluntary annexation re- quest of approximately 112 acres located west of 1.35E service road and north of Marshall Road and east of the Topeka and Santa Fe Railroad. He stated staff recom- mends approval of this annexation request. Mr. Escue made a motion to recommend the annexation of approximately 112 acres located west of I-35E service road and north of Marshall Road and east of the Topeka and Santa Fe Railroad. Seconded by Ms. Cole and unanimously carried (5-0). It. Adoption of Policies of Planning and Zoning Comuission. Mr. Ellison stated staff recommends tabling tnis item until the next meeting when the director of the Planning and CommunIty Development Department can be present to disuse the policies. Mr. LsForte stated he would like to re-word item D to read: 'hose persons in opposition to the request speak or ask questions next. I. Recommend approval of the preliminary Vat of the Paisley Street Addition, Block 1, Lot 1. Mr. Persaud stated this is a tract of 0.344 acres situated south of and abutting Paisley Street and west of and abuttig Ruddell Street. The site is zoned single family (SF-7) and the purpose of the preliminary plat is to establish two single family lots. He stated Develop- ment Review Committee recommends approval with conditions. Charles Watkins, representing the owner of this addition, stated he is asking for a variance on front- age of the property as there is curb and gutter on Ruddell Street. He stated estimated costs for a small job of 150' of curb and gutter would be $11,500. He stated these are hard to develop lots and they are zoned SF-7 and we are trying to comply with that. Mr. Ellison stated there are three alternatives regarding perimeter street paving. Mr Greg Edwards stated this tract site on a hill; the main portion of the tract drains downhill toward Ruddell. DATE: 1/8/85 CITY COUNCIL REPORT_ FORMAT ro/ ~ TO: Mayor and Members of the City Council FROM: G. Chris liartung, City Manager SUBJECT: Adoption of an ordinance for specific use permit ('~'-174) RECOMMENDATION: The Planning and Zoning Commission approved 5-174 by a vote of 4-2 at its November 9, 198:3 meuring. The City Council considered this ito.m ht its meeting of June 19, 1964 and the concensus was approval of S-174. SUMMARY: This is a 104.4 acre tract located on the north side of East McKinney Street approxi- mately 3,000 feet east of Mayhill Road. This site was approved for a 652 unit mobile home rental park. BACKGROUND: This zoning was approved subject to the submission of a final concept plan in accordarce with the City of Denton Mobile Home Park and Travel Trailer Ordinance. The final concept plan has now been sub- mitted and approved by the Planning and Zoning Commission and the ordinance is presented for City Council consideration. PROGRAMS, DEPAR`T'MENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: There is no impact on the general fund. Respectt~f'ull submf.t ed: G. Chtis Hartung City Manager Prepared by: 6th 1N en se vey Development Review Planner Approved: Jett I,irector o Planning and Community Development 0977L NO. AN ORDINANCE GRAL,TING A SPECIFIC USE PERMIT FOR A MOBILE HOME PARK; PROVIDING FOR THE REFERENCING OF SUCH USE ON THE ZOI41NG MAP OF THE CI'iY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX fO THE CODE OF ORDINANCES OF THE. CITY OF DENTON, TEXAS, BY ORDINANCE N0. b9.19 AND AS SAID MAP APPLIES TO APPROXIMATELY 104.28 ACRES OF LAI4D IN rHE CITY AND COUNTY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The Zoning Classification and Use designation of the follow- ing described property, to-wits Being 104.284 acres of land located in the ?forreau Forrest Survey, Abstract No. 417, Denton County, Texas and being the sane tract of land conveyed to Henry S. Miller, Co., Trustee, by the deed recorded in Volume 589, Page 291 of the Deed Records of Denton County, Texas. Said Henry S. Miller, Co., Trustee Tract being also known as Lot 3, Block C of the subdivision of Morreau Forrest Survey, Abstract No. 417, Denton County, Texas, as shown U the map or plat of said subdivision in said survey of record in Volume 50, Page 236 of the Deed Records of Denton County, Texas. Said LUr.264 acres being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod by a fence corner post in the northeast riglit-of-way line of Farm to Market Road No. 4.6 and being the southwest corner of said Lot 3, Block C of said subdivision; THENCE north 00°57'32" east 2801.91 feet along the west boundary line of said Lot 3, being east boundary line of Lot 2 of salo subdivision to a 2 inch steel fence post in the south right-of-wcy line of Mills Road whose average width is 55 feet. Said steel post being the northwest corner of said Lot 3 and the ncrt;ieast corner of said Lot 1, Block C of aforesaid subdivision; THENCE south 88°49'19" east 14.5.31 feet along tc;e su'.th right-of-way line of said Mills Road to a 1/2 inch Iron rod it the northeast corner of said Lot 3, being the northwest corner cf Lot 4 of said subdivision; THENCE south 01°08'06" west 2218.34 feet along the east toundary line of said Lot 3 to a 1/2 inch iron rod at the northeast corner of a 15 foot access strip; THENCE north 89°12'23" west 15.03 feet to a 112 inch iron rod at the northwest corner of said LS foot access strip; THENCE south 00°59'19" west 1355.47 feet along the west boundary lire of said 15 foot access strip to a 3/4 inch iron pipe in the northeast right-of-way line of aforesaid Faro to Market Road No. 416; THENCE along the northeast right-of-way line of said Farm to Market Road No. 426 is follows: 1. north 53°44'17' west 245.60 feet to a 1/2 incn iron rod at the beginning of a curve to the left-0 2. northwesterly 386.13 feet along ,aid curve to the left naviag a radius of 3018.86 feet, a central angle of 07°11'08" and a chord bearing north 58°59'26" west 385.88 feet to a 1/2 inch iron rod at the end of said curve; S-174/THOMAS W. KELLOGG/FACE 1 y 3. north 62°35'00" west 992.60 feet to a place of beginning con- taining 104.28 acres of land. which is classified as Agricultural "A" District Classification Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas is hereby granted for the use of said property a specific use permit for a mobile home park, subject to the following conditions and restrictions to-wit: 1. Development shall conform with approved site plan and all mobile home park and travel trailer ordinance requirements of the City of Denton. 2. Final City of Denton lot of record approval must be granted before issuance of building permits. 3. Ad4acent landowners should have protection of adequate eight (8 ) foot wood masonry screening along east-west property line with ratio of wond masonry content to be determined by staff. SECTION It. The Zoning Map of the City of Denton, Texas, adopted the loth day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, shall be referenced to show the property herein described being granted a specific use permit for the use approved herein. SECTION III. That the City Co+jncil of the City of Denton, Texas hereby finds that such use 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 otnur things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice tltiereof. PASSED AND APPROVED this the day of , 1985. RICW~D . STEWUTI MAYOR CITY OF DENTON, TEXAS ATTEST: CRAREOTTE ALLEN CITY SECRETUT CITY OF DENTON,~TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY., ~A*4 !U2 S-174/THOMAS W. KELLOGG/PACE 2 .0 CA ITT " /r ✓ • ~ jje~tt yl~V.u•a ~ Cam.:' . r I Ile 1 Site The Meadows Lot 1, P,10ck 1 104.40 acres M. Forrest Surveys A-417 s r` r~ rn DATE% 1/8/85 CITY COUNCIL REPORT FORMAT 4, A TO: Mayor and Members of the City Council FRO11: G. Chris Hartung, City Manager SUBJECT: ADOPTION OF ORDINANCE APPROVING A CHANGE IN ZONING CLASSIFICATION FR011 PLANNED DEVELOPMENT (PD) TO LIGHT INDUSTRIAL (LI) (Z-1700) REC01111ENDATION: The City Council considered and approved Z-1700 at the December 4 meeting. SU1111ARY: The ordinance applies to a tract of 334.607 acres situated east of and abutting Woodrow Lane, north of Spencer Road and west of Loop 288. BACKGROUND: The site is within a high intensity center and light industrial uses would be compatible with long-term development objectives. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: Not applicable Respectf lly s bmitte x~ ;V&,- THartung City Manager Prepared by: Harry Pddsaud Development Review Planner Approved: Jeff_ff Director f Piann and Community Development 09419 p' 949L NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY Of DENTON, TEXAS, TO PROVIDE FOR A CHANGE IN ZONING DISTRICT CLASSIFICATION FOR APPROXIMATELY 334.6073 ACRES OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT (PD) AND AGRICULTURAL (A) DISTRICT CLASSIFICATION TO LIGHT INDUSTRIAL (LI) DISTRICT CLASSIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Ttiat the zoning district classification of the below :escribed property is hereby changed from planned develop-3ent ;,pri agricultural (A) district classification to light industrial (LI) district classification: BEuG a tract of land situated in the Mary L. Austin Survey, Abstract No. 4 of Denton County, Texas, and being a portion of a called 50.0 acre tract deeded by E. W. Manry, et ux to Eduard Williams as recorded in Volume 306, Page 307, Peed Records Denton County, Texas, the Enoch Morris Survey, Abstract No. 968, M.E.P. & P.R.A. Co. Survey, Abstract No. 1479, Denton County, Texas, said tract being a part of the First, Second and Fourth Tracts as described in Deed to Alex Dickie, Jr., as recorded in Voluble 408, Page 559 of Deed Records, Denton County, Texas, and all ~.i that 20 acre tract described in Quit Claim Deed from the City of Denton as recorded in Volume 628, Page 2 of Deed Records, Denton County, Texas, and beir; more particularly described as follows: BEGINNING at an iron pipe in the west right-of-way (RC'wJ Line of Loop 288 and the southeast turner of said called 50.0 acre r-act; THENCE north 89°21'48" west a distance of 594.82 feet to a point for corner; THENCE north 89°06'40" west a distance of 307.45 feet to a point for corner; THENCE north 86°02'66" west a distance of 1535.41 `eet to 1/2" I.R.F. for corner; THENCE north 02°16'27" east it Atstance of 1546.56 feet to a point for corner; THENCE south 68°51'09" west a distance of 492.81 feet to a point for corner; THENCE north 87°38'51" west a distance of 397.92 feet to a point for corner; THENCE south 00°32'17" .rest a distance of 163.89 feet to a point for corner; THENCE north 89°24'36" west a distance of 1312.36 feet to a 1r' I.P.F. for corner; THENCE north 01°11'53" west a distance of 842.86 feet to a point for corner; 2.1700/DABNEY COMPANIES/PACE 1 u THENCE north 87°34'54" west a distance of 485.42 feet to a 112" I.R.F. for corner; THENCE north 00°49'53" east a distance of 496.61 feet to a 112" I.R.F. for corner; THENCE south 88°50'46" west a distance of 911.44 feet to a point for corner; THENCE north 00°54'10" west a distance of 1065.97 feet to a point for corner; THENCE south 89°12'31" east a distance of 333.79 feet to a point for corner; THENCE north 01°46'29" east a distance of 108.31 feet to a point for corner; THENCE north 89°15'39" east a distance of 1982.22 feet to a point for corner; THENCE north 89°18'03" east a distance of 647.07 feet to a 112" I.R.F. for corner; THENCE south 01°11'52" west a distance of 1087.16 feet to a 1/2" I.R.F. for corner; THENCE south 88°13'53" east a distance of 714.65 feet to a 112" I.R.F. for corner; THENCE south 01°38'49" west a distance of 772.09 feet to a 112" I.R.F. for corner; THENCE south 87°46'11" east a distance of 1099.70 feet to a P.R. Nail in R.R. Tie for corner; THENCE south 01°11'09" west a distance of 211.99 feet to a point fot corner; THENCE south 84°18'21" east a distance of 481.78 feet to a ,oint for corner; THENCE south 53°10'49" east a distance of 344.18 feet to a point for corner; THENCE north 53°52'19" east a distance of 193.06 feet to a point for corner; THENCE north 66°44'44" east a distance of 283.62 feet to a point for corner; THENCE north 83°22'09" east a distance of 298.25 feet to a point for corner; THENCE north 82°55'09" east a distance of 197.59 feet to a point for corner; THENCE south 00°29'23" east a distance of 282.98 feet to a point for corner; THENCE north 88°10'51" west a distance of 202.91 feet to a point for corner, THENCE south 00°30'19" west a distance of 299.08 feet to a point for corner; Z-1700/DA£NEY COMPANIES/PAGE 2 THENCE north 88°02'21" west a distance of 1081.45 feet to a point for corner; THENCE south Ol055'19" west a distance of 735.25 feet to a point for corner; THENCE south 88°36'24" east a distance of 1289.37 feet to a point for corner; THENCE south 01009'06" west a distance of 377.96 feet to a point for corner; THENCE south 00°29'03" west a distance of 457.10 feet to a point for corner; THENCE south 01°10'06" west a distance of 466.65 feet to a point on a curve to the right having a radius of 2804.80' and a central angle of 07°22'28" for corner; THENCE along said curve to the right a distance of 361.00 feet to a point for corner; THENCE north 88°17'09" west a distance of 994.82 feet to a point for corner; THENCE north 88°02'01" west a distance of 307.45 feet to tl-e point of beginning and containing 14,575,498.3244 square feet or 334.6013 kicres, more or less. SAVE AND EXCEPT a tract of land by Deed to the City of Denton as recorded in Volume 407, Page 475 of DRDCT, and said tract being approximately 30 feet width and 1065.9 feet along the west line of said Fourth Tract, and being the east half of Woodrow Lane, and continuing approximately 0.831 acres of land, with a resulting net acreage o: 333.7763 acres of land. SECTION II. That the Zoning Map of the City of Denton, adopted the 14th day of January, 1969 under Ordinance No. 69-1, is hereby amended to show the change in district classification as approved herein. SECTION III. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV. The Zoning Map of the City of Denton, Texas, adopted the lath 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 Classifi- cation and Use. Z-1700/DABNEY COMPANIES/PACE 3 SECTION V. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of 1984. RICKARD Q. ST CITY OF DENTON. TEXAS ATTEST: CRARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: Z-1700/DABNEY COMPANIES/PAGE 4 ~1 L 1:0. AN ORDINANCE APPROVING CONTRACTS FOR THE. CITY'S PARTICIPATION IN THE COST OF INSTALLING OVERSIZE WATER AFD SEWER LINE FACILITIES AS DESCRIBED HEREIN, AUTHORIZING THE NAYUR TO EXECUTE THE CONT"CTS, APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton wibhes to enter into agreements to participate in the cost of providing oversized water and sews r line facilities which is in the best interests of the City; 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 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 NEREBY ORDAINS: SECTION 1. That the City Council hereby approves the attached Sewer and Water Line "Oversize Participation Agreements" providing for the City's participation in the cost of installing the oversized lines in accordance with the terms and conditions contained therein, and authorizes the Mayor to execute the agreements on behalf of tl,e City. SECTION II. That the City Council authorize the expenditure of funds ir tiie manner and amount as bpecifted in the agree;~ents. SECTION III. That this ordinance shall become effuctive icarcdiately up.n it passage and approval. PASSED AND APPROVED this day of 0. S L, ,K CITY OF DENTON, TEXAS ATTEST: CiURLUTTE , CITY SECRETM CITY OF DENTON, TEXAS APPROVED AS 70 LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: r January 8, 1985 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: G. Chris Hartung, City Managers L , f SUBJECT: Consider proposed pro rata and oversize agreement with Windsor West Addition for a new 14" water line from University Drive along Bonnie Brae and along Payne Drive approximately 5,200 feet. RECOMMENDATION: The Public Utilities Board at their meeting of December 12, 1964, recommended to the City Council approval of the oversizing and pro rats agreements due to loading imposed by this and other development requirements in this area in the near future. SUMMARY: Windsor West Addition is considering the development of single family and multi-family units adjacent to Payne Drive and Bonnie Brea Drive. According to a study, the 8" water line at Windsor and Bonnie Brea Street is not sufficient to carry the additional loading imposed by this new development. A new water line of at least 10" in size will be required for fire flow for this evelopment and cansidering the projected demand for water services in this area In the )ext five years, the Water/- Wastewater Department requests the proposed water line be oversized to a 14" line as per Hogan and Razor Study. Mr. Larry Frank, representing the developer of Windsor West Addition has been advised by the Utilities Department of the necessity to construct this water line in the location as Indicated and that the City may share in oversizing and pro rata agreement. FISCAL IMPACT: Costs are estimated as follows: Total cost of this project to serve areas of development 3,105' of l4" water line @ $18/L.F. 86,940 Cost of this project to serve Windsor West Addition 3,105' of 10" water line @ $23.50/u.F. - $ 72,968 Cost of this Project to the City of Denton Lost to City - Difference between an 14" and 10" water line ($28.00-$23.50 X 31105 L.F.) - $ 13,972 Total cost of this project to serve areas of development 2,095' of 12" water line @ $25/L.F. 52,375 Cost of this project to serve Windsor West Addition 21095' of 10" water line @ $23.50/L.F. _ $ 49,233 Cost of this Project to the City of Denton Cost to City - Difference between an 12" and 10" water line ($25.OU4235U X 29095 L.F.) - $ 31142 TOTAL COST OF OVERSIZE TO CITY 80TH LINES $17,114 Source of Funds: Water bond funds Acct. 0 #623-008-0461-9138 0527j:4 Respectfully submitted: G. Cb 1 e5+ tM4 i y t City Manager Prepared by: David Nam Asst. Dir. of Utilities, Wtr/WW Utilities APP OVED- 611,6 «z') R. E. Nelson, P.E. Oirector of Utilities Exhibit 1 Letter of Request Windsor West Addition Exhibit 11 Location map of water line Exhibit 111 Water line oversize agreement Exhibit IV Water line pro rate agreement Exhibit V Ordinance Exhibit VI PUB Minutes--12112/84 052;+):5 ,ry WATER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THEE PRESENTS: COUNTY OF DENTON 9 THAT WHEREAS, Larry Frank, d/b/a Windsor West Addition 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, and further described as property on Payne Drive and Bonnie Brae. Developer desires to serve such property with 5,200 feet of on and offsite 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 cost of the oversized facilities pursuant to the provisions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this _ day of , 198_1 by and between tarry Frank d/b/a Windsor West Addition, hereinafter called "Developer", and the City of Denton, Texas, A Home Rule municipal Corporation of the State of Texas, hereinafter called "City"; WITNESSETH: 1. The Developer will install, by contract or otherwise, a 14" water line and necessary appurtenances to serve the property described on the attached map in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said facilities shall be located as shown on the attached map which is made a part hereof for all intents and purposes. 2. The City's share of the estimated cost of said facilities is $17j114.00. Upon completion of construction and acceptance by the City of said facilities, the actual cost of the City's participation in said facilities shall be determined and certified to by the Director of Utilities, and nis certificate setting out the City's cost of said facilities shall be attached hereto and WATER LINE OVERSIZE PARTICIPATION AGREEM0T/LARRY FRANK, D/B/A, WINDSOR WEST/PAGE 1 made a part hereof. 3. The City shall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmless t•he City from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong doing 5f Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the perforaance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and denands. IN WITNESS WHEREOF, this instrument is executed in triplicate originals this day of 198. WINDSOR WEST ADDITION ` BY: CITY OF DENTON, TEXAS BY., R,ltrAARTO HA'OR ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ,10E D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS WATER LLINE OVERSIZE PARTICIPATION AGREEMENT/LARRY FRANK, D/B/A WINDSOR WEST ADDITION/ PAGE 2 k: l WATER LINE PRO RATA AGREEMENT THE STATE OF TLXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DEN:OiI 9 THAT THIS AGREEMENT is mane this day of , 198 by and between the City of Denton, a hlunic pi a~orporution of tTe County of Denton and the State of Texas, hereinafter referred to as "City" and Larry Frank, d/b/a Windsor West Addition, hereinafter referred to as 6wner . WITNESSETH: WHEREAS, Owner will install a water line from an existing 12'~ water line on Bonnie Brae Street beginning approximately 500 the north of ntersection University of Bonn a ilrae and north 1Strreet, then Brwest toalong i Payne Street to the cast boundary of said development. WHEREAS, in order to serve this development with water services, owner will be required to pay the cost of 1,960 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 Cede of Ordinances of the City of Denton, Texas; and WHEREAS, the Owner desires to receive reimbursement for such cost under the provisions of said Denton Development Code of the City of Denton, Texas; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter provided, the parties hereto agree as follows: 1. That for and in consideration of the construction of such water line extension for the benefit of Cti,ner and the City, tt.e City agrees to reimburse Owner nut to exceed his cost of construction only of such main extension the sun of $+2 16U.00 S1 960' offsite X $21.50per foot for g size li~ne~ un3V tEe prov s one in e ect on t_e ate of t- iFTs~greemeT1t of the Denton Development Code of the City of Denton, Texas, as t:ereto fore amended with the following limitations: A. Reimbursement costs will be verified by the Director of Utilities or his designee based on actual costs of offsite water line construction as presented by the Owners. B. After the expiration of twenty (20) years from this date of the completion of the water line extension, further which imbursl be completed about + 1985, no shall be made to Owner. C. The reimbursement shall not apply to vain extensions constructed by the City of Denton or under its directions from any main construction under the terms of this Agreement. D. Reimbursement payments shall be made to the Owner or their assigns if written, and to no other person(s). WATER LINE PRO RATA AGREEMENT/LARRY FRANK, D/B/A, WINDSOR WEST/ PAGE 1 E. The reimbursement aforesaid shall be payable only from funds received by the City pursuant to said Denton Development Code. F. There shall be a maximum of twenty (20) years as the period of eligibility wherein the original installer of the 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. G. All pro rata fees incurred under the provisions of the Denton Development Code shall be paid directly to the City and the City shall transf(,r amounts due to owner within thirty (30) days of receipt. it. That for and in consideration of the Agreements to be performed by the City as aforesaid, Owner 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 agreements secured by them for the purpose of locating said water line extensions. WITNES5ETH the hands of the Parties hereto on the day and year first above written. WINDSOR WEST ADDITION BY: LARRY FRANK CITY OF DENTON, TEXAS BY: RLCRARD 0. , rTAZ'tSK ATTEST: CRARLOTTE ALLEN CITY SECRETARY CITY OF DENTON,tTEXAS APPROV--D AS TO LEGAL FORMS JOE MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS bY: WATER LINE PRO RATA AGREEMENT/LARRY FRANK, D/B/A, WINDSOR WEST/ PACE 2 May 170 1964 I Mr. David Haar Assistant City Utility Director Denton$ Texas 76210 Dear Mr. Hamer I write to you in response to the phone conversation we had on May 17$ 1904 at 3 p.e, pertaining to the 52 acres at the corner of Payne Drive and Bonnie Brae. We need a letter from you stating information concerning water and **war for proposed planned development shown on the enclosed sap. Your assistance and lemidiate attention will be greatly appreciated. Sincerell !Larry Frank Po.E+t~?53 t • U7 ma s-r- 7 • a r ' ~ ~G~ ~ +v,r Jahn' Joy c1a r6 ?sr ~ 3 • 11 w 3 , Q HN f I + 1 M R { / J pr Pop I Ar r,. I ♦nC a{p 'V 476 2 5 C1" It I+ w C9t ~7' ~ ~ 1 1 4STa x • 1 P. ZOO fI/~ t c, • +i l n ve. "fey Mr. ljp At 0.i.{k G,„a IA.. aft $•F 7 1? Ac ~or9 c,'.r~rr rr.RV,r .r. F 10 1 ' r • 1 0 ~ 1 y ~ TRACT ~ 1 « s 1 TiVid ` y' ~i09f~ 1 1 , 1 i I • I r I 1 1 1 + r r 1 ' • r a b 1 • 1 G • $ Ir r C~ 61 1 r 1 i JR, ~r Ii i ♦ Ir w « S 1 6 r r bort Y CITY OF ,,m DENTON, TEXAS ALTERNATE NO S M+$ COMPUTER HXX MAP ~ M ~A W/e mmaam*a H00AAl • aason/ w. • ar+.w rsn. 1 D K- SG MY ofDENrONJEUS MUNICIPAL SUILDINC . DENTON, TEXAS 76201 1 TELEPHONE (4171566.8200 July 3, 1904 Larry frank P.O. Box 2753 Denton, 71 76201 SUM 1,oposed 52-acre development at southwest corner of ?eye* Drive and Bonnie arse Street Dear Larryt I have received the engineering report from fields, tdwerds and Associate, as prepared by Tin fisher, one of their engineers, the study indicates that from approximately Creeabriar and Hinkle Streets the severline sitit is not sufficient to carry the sewerage from that point south to a l5 sanitary severline at the proximity of the Denton High School, this distance of 2600' would require a relief severline of at least a 10" site and one serial crossing with a bore underneath Highway 350. In my consultation with Bob Ralson, we both agrre that the City Code of Ordinances 53-70 requiting this off-sits Improvement to accomrodate your development its applicable. In addition, 1 have looked at the 10" sanitary severline on Windsor Drive which the City installed in 1950. Bob Nelson, Director of Utilities, says that your client may tie-on to the and of this Windsor Street severline provided your loading is no mare than determined by the study, i.e.. 10" site. I realise that this relief severlinrt may be considerable expense to your client for serving this property, however, the City Council may wish to participate in oversising ablve your requirement a well as off-Oita pro rate agreements. Your client would be able to recover n sizable portion of his off-site expense with the pro rata agreement which stays in effect for 20 years. The oversiting in which the City would participate would probably boost this line from a 10" to an 16" site clans Hinkle Street. Details could be worked out through your client and engineer. • Larry Trank page 2 July 3, 1981 With regards to the waterline sarviee, the city of Denton would requite that you construct a waterline from University Blvd (Hwy 380) north along Scants Braa Street to your development and then tie to to the existing S" waterline at the corner of Payne Drive and Donate Brae Street." The City Council may also vial: to participate in oversising up to a 11 waterline as well as an off-sits pro rata agreement. I trust that this information ie sufficient for you to make a daterutnation to to the continuation of your proposed 52-acre development. Sincerely, Dave Elam Assistant Director of Utilities Voter/Vastwater Divisions DH:es I Public utility Board Minutes December 12, 1984 Page four Item 10: CONSIDER OVERSIZE AGREEMENT WITH NORTH TEXAS INDUSTRIAL DISTRICT FOR 18' SEWER LINE ALONG DRAINAGE EASEMENT ON EAST SIDE OF THEIR PROPERTY FROM THE SOUTH&AST CORNER OF THEIR PROPERTY 'TO THE PECAN CREEK INTERCEPTOR Ms. Boy' made a motion to recommend the above mentioned oversize agreement for an 18' sewer line up from a 10' sewer line to the City Council for passage. Mr. Thompson seconded the motion. Five ayes, no naves, motion carried. Item ll: CONSIDER PROPOSED PRO-RATA AND OVERSIZED AGREEMENT WITH WINDSOR WEST ADDITION FOR A NEW 14' WATER LINE FROM UNIVERSITY DRIVE ALONG BONNIE BRAE AND ALONG PAYNE DRIVE APPROXIMATELY 5,200 FEET. Mr. Coomes made a motion to recommend the pro-rata and oversize agreements (for a 14' water line up from a 10' water line and 3,105 LF and a 12' up from a 10' for 2,095 LF) to the Council for adoption. Ms. Boyd seconded the motion. All ayes, no naves, motion carried. Item 13: CONSIDER PROPOSED PRO-RA';A AND OVERSIZE AGREEMENT WITH WINDSOR WEST ADDITION FOR A NEW ld' SANITARY SEWER LINE FROM GREENBRIAR AND HINKLE STREETS SOUTH ON HINKLE STREET APROXIMATELY 2, UU FEET TO AN EXISITING 0_12 SANITARY SEWER AT THE PROXIMITY OF THE DENTON HIGH SCHOOL, INCLUDING A BORE CINDER HWY 380. Mr. Coomes made a motion to recommend the proposed oversize agreement with Ridgeway Plaza Joint Venture for an 18' oversize up from a 10' sewer line. Ms. Boyd seconded the motion, All ayes, no nayes, motion carried. Item 13: CONSIDER PROPOSED OVERSIZE AGREEMENT WITH RIDGE4AY PLAZA JOINT VENTURE FOR A NEW WATER LINE ON LILLIAN B. MILLER FREEWAY ALONG THE FRONTAGE OF THEIR PROPERTY. Mr. Thompson made a motion to recommend the proposed pro-rata and oversize agreement with Ridgeway Plaza Joint Venture for 27' water line up from an 8' water line to the City Council. Ms, Boyd seconded the motion. Five ayes, no nayes, motion carried. Item 14: CONSIDER PRO-RATA AND RECONSIDER OVERSIZE AGREEMENT WITH 'THE M3ADOWS ADDITION (FORMERLY CHAMPION 40BILE HOME PARK) FOR NEW 1~j` WATER LINE FROM E INTERSECTION F M L ROAD AND MCKINNEY STREET EAST ALONG MCKINI4EY STREET TO T E EAST BOUND R OF THE DEVELOPMENT APPROXIMATELY , 0 FEET, Mr. Thompson made a motion to recommend the proposed pro-rata and oversize agreement with the Meadows Addition for a 16" oversized water line over an 8' water line to the City Council. Ms. Boyd seconded the motion. Five ayes, no nayes, motion carried, January 8, 1985 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: G. Chris Hartung, City Manager SU13X-CT: i_;orn per proposed pro rate and oversize agreement with Windsor West Addition for a new 16" sanitary sewer line from Greenbrier and Hinkle Streets south on Hinkle Street approximatel} 2,600 feet to an existing 15"/12" sanitary sewer at the proximity of the Denton High School, including a bore under Hwy. 384. RECONIMEtduATION: The Public Utilities board at their meeting of December 129 1984, recommended to the City Council approval of the oversizing and pro rate agreements due to loading imposed by this and other development requirements in this area in the near future. SUMMARY: Windsor West Addition is considering the development of single family and multi-family units adjacent to Payne Drive and Bonnie Brea Drive. According to a study, the sanitary sewer size from Greenbrier and Hinkle Streets south along Hinkle to a 15" sewer line at the proximity of the Denton High School is not sufficient to carry the additional loading imposed by this new development. A new sewer line of at least UP in size will be required for this development and considering the projected demand for sewer services In this area In the next five years, the Water/Wastewater Department requests the proposed sanitary sewer line be oversized to an 18" line. . Mr. Larry Frank, representing the developer of Windsor West Addition has been advised by the Utilities Department of the necessity to construct this sanitary sewer line in the location as indicated and that the City may share in oversizing and pro rata agreement. FISCAL IMPAC It Costs are estimated as follows. 1 otal cost of this project to serve areas of development 2060U' of 18" sewer line i $35/L.F. 391,000 Cost of this project to serve Windsor West Addition 2,6UU' of 10" sewer line @ $21/L.F. = $54160U Cost of this Project to the City of Denton Cost to City - Difference between an 18" and I U" sewer line ($35411 X 2,600 L.F.) - 336 400 Source of Funds: Sewer Bond Funds Acct. #624-008-0471-9,'8 I 0527J:6 Resp44 ul ubm to • . G. Chris Hartung City Manager Prepared by: David Liam Asst. Dir. of Utilities, Wtr/WW Utilities APPROVED: R. E. Nelson, P.E. Director of Utilities Exhibit I Letter of Request Windsor West Addition Exhibit It Location map of sewer line Exhibit III Sewer line oversize agreement. Exhibit 1V Sewer line pro rate agreement Exhibit V Minutes of PUB Meeting of 1::/ 11/84 Exhibit VI Ordinance .w' • U527Jt7 SEWER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS g KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT WHEREAS, Larry Frank d/b/a Windsor West Addition is the Developer of certa,n property shown on the attached map, whl.ch map is incorporated herein as if set forth in full, in the City of Denton, Denton County, Texas, and further described as property on Payne Drive and Bonnie Brae. Developer desires to serve such property with 2,600 feet of offsite sewer line facilities; and, WHEREAS, the City of Denton desires that such offsite sewer facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provisions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this day of , • 198_, by and between Larry Frank d/b/a Windsor West Addition, hereinafter called "Developer", and the City of Denton, Texas, A Home Rule Municipal Corporation of the State of Texas, hereinafter called "City"; WITNESSETH: 1. The Developer will install, by contract or otherwise, an 18" 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 procedures. The said facilities shall be located as shown on the attached map which is made a part hereof for all intents and purposes. 2. The City's share of the estimated cost of said facilities is $36,400 (2,600 L.F. X $35.00 ~ 621.00 Upuki completion of construction and acceptance by the City of said facilities, the actual cost of the City's particLpation in said facilities shall be determined and certified to by the Director of Utilities, and iris certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. SEWER LINE OVERSIZE PARTICIPATION AGREEMENT/LARRY FRANK, D/B/A, WINDSOR WEST/PAGE 1 3. The City shall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said facilities is 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, loss or liability of any kind whatsoever, by reL-son 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 persons with regard to the performance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. • IN WITNESS WHEREOF, this instrument is executed in triplicate originals this day of , 198. WINDSOR VEST ADDITIUN BY,. CITY OF DENTON, TEXAS BY: A'F". EST: CHARLOTTE CITY OF DENTON,.TEXAS APPROVED AS TO LEGAL FORM: JOE MORRIS, ACTING CITY ATTORNEY • CITY OF DENTON, TEXAS By. i WINDSOTI VESTIPAGEt2E PARTICIPATION AGREEMENT/LARRY FRANK, D/B/A, SEWER LINE PRO RATA :GREEMENT THE STATE uF TEXAS Q KNOW ALL ~*.N BY TkESE PRESENTS: COUNTY OF DENTON I T,IAT THIS AGREEMENT is made this day of , 1984 by and between the City of Denton-,a Hunicipa orporat on of the County of Denton and the State of Texas, hereinafter referred to as "City" and Larr~ Frank, d/b/a Windsor Hest Addition, herein- after referred to as 'Owner". WITNESSETH: WHEREAS, Owner will install a sewer line from Greenbriar and Hinkle Streets south along Hinkle Street to tae City of Denton's existing line 2,600 feet to the prumixity of Denton High School. WHEREAS, in order to serve this development with sewer services, Owner will be required to pay the cost of 2,600 feet of sewer line and will extend such sewer line as described above purs+iant to the provisions in effect on Viv date of this Agreement of the Denton Development Code,Appendix A to the Cole of Ordinances of the City of Denton, Texas; and k;HEkEAS, the Owner desires to receive reimburse:aent for such cost under the provisions of said nenton Gevelopuent Code of the City of Denton, Texas; NOW THEREFORE$ in consideration of the premises and [..e utual covenants and agreements hereinafter provided, the parties hereto agree as follows: I. That for and in consideration of the construction of .much sewer line extension fur the benefit of Owner and the City, the City adrecs to reimburse Owner not to exceed his cuSt of construction only of such main extension the bun of $5. u00.00 (216U0' uffsite X 421.00 per foot for 10" size line) Ln-ler` peuV;Tons n e eet on the date o this grcezent o the [;enton Development Code of the City of Denton, Ter.,is, is heretofore emended with the following limitations: A. Reimbursement costs will be verified by the Director of Utilities or his designee based on actual costs of offsite sewer line construction as presented by the Owners. Q. After the expiration of twenty (20) years from this date of the completion of the sewer line extension, which will be completed about , 1985, no further reimbursement shall be made to Owner. C. The reimbursement shall not apply to main extensions COliatructed by the City of Denton or under its directions from any main construction under the terms of this Agreement. D. Reimbursement payments shall be made to the Owner or their assigns if written, slid to no other person(s). • SEWER LINE PRO RATA AGREEMENT/LARRY FRANK, D/B/A, WINDSOR WEST/ PAGE 1 • E. Tile reimbursement aforesaid shall be payable only Crum funds received by the City pursuant to said Denton Development Code. F. There shall be a maximum of twenty (20) years as the period of eligibility wherein the original installer of the sewer line uay 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. G. All pro rate fees incurred under the provisions of the Denton Development Code shall be paid directly to the City anu the City shall transfer amounts due to owner within thirty (3U) days of receipt. II. That for and in consideration of the Agreements to be perterwed by the City as aforesaid, Owner hereby transfers to the City all of its rights, title and interest in and to the sewer line exten- sion described above, and any and all easements and right of way agreements secured by them for the purpose of locating said sewer line extensions. WITNESSETH the hands of the Parties hereto on the day ani year first above written. WINDSOR WEST ADDITIOiI • BY: LARRY- FRANK CITY OF DENTUN, TFKAS by: ATTEST: MR= ALLEN, CITY SUMM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATiUM EY CITY OF DENTOIJ, TEXAS bY: SEWLR LINE PRO RATA AGREE1IENT/LARRY FRANK, D/b/A, WINDSOR WEST/ PAVE 2 May 17, 1984 Mr. David Hamm Assistant City Utility Director Denton, Texas 76210 Dear Mr. Hamm, i write to you in response to the phone conversation we had on May 17, 1984 at 3 p.m. pertaining to the 52 acres at the corner of Payne Drive and Bonnie Brae. We need a letter from you stating information concerning water and sewer for proposed planned development shown on the enclosed map. Your assistance and immidiate attention will be greatly appreciated. 5incerel , irLarry Frank Q dBN a~ AM S-r- r7 ~ l97°rlp .3 1-3 _ 2 C 9 Alp a x ti a y ~ , s11 , ~.3 ` O toJ6 f 8 re I / t ~ ~ ~~P N f,! ~'•nf e~P ~ 87 25•C4 ,N 69~+ 3~ ~ j zoo cJ,v s~ ti r f•nr .~k ~ G: e v~ f r t 37 . N S 1a Ac acA~e r•.3oo' MF Zt~A~ M!!r f~. qe yr n FIELDS, EDWARDS & ASSOCIATES, INC. ENGINEERS ANU SURVEYORS 1 $I"FOAD "BUD" HAUP TRIANN, P E, RPS, PRESIDENT . GREGORY K EOIYARDS. ►E, VICE PRESIDENT JOY C GREEN, RPS DON COX. A!ANAGER SURYEYOPS THOS B KING. RPS ~ 1123 FORT WORTH DRIVE . DENTON, TEXAS 76205 (817) 383.1416 . 387-0421 METRO 430.1692 20 June 1984 C. David Ham Assistant Director of Utilities City of Denton Re: Proposed 52 acre development at southwest corner of Payne Drive and Bonnie Brae Dear DaTre, Enclosed is a copy of the City of Denton water and sewer base maps showing the sanitary seweriines affected by this development. The proposed land use on this 52 acre tract is as follows: .General Retail - 8.34 acres Apartments 21.13 acres Single Family 22.06 acres Using TDH design criteri.• 100 gpd/capita and estimating 5,000 gpd/acre ge4neration from the general retail area, this proposed development will contribute 173,600 gpd of wastewater flow to the system. Using a peaking factoro of 4, this results in a design flow of 482 gpm. The City recently laid a 10 inch sewerline down Windsor Drive from Bonnie Brae to Georgetown. Records indicate that this line was laid at a 0.308 grade giving it a capacity to handle 539 gpm (using n=0.013). The only existing loading on this portion of sewerline comes from Northlakes Park Addition Phase I (35 residential lots) and the ecreation Center. Allowing a 15 gpm peak sewer load for the Recreation Center, the resulting Population Equivalent (P.E.) and peak sewer flow would be 177 P.E. and 49 gpm respect- ively. This would leave 490 gpm or 1763 P.E. remaininq capacity on this sewer line (Windsor Drive from Payne Drive to MH 21 at Georgetown and Bowling Green). At this point (MH 21) the sewerline receives additional loading from Northlakes Park Addition Phase II & III, plus a portion of North University Place totaling 101 housing units. From 1,111 21 to MH 19 the 10 inch line is laid at a 0.35% grade with excess capacity for 434 gpm or a 1563 P.E. JJe Ham 20 'June '1984 page 2 From MH 19 to MR. 12 the line increases to a 12 inch laid at a 0.30% grade. This sewerline picks up an additional 112 housing units resulting in an excess capacity of 619 gpm or a 2230 P.E. With the exception of a short section along Bowling Green (MH 21 to MH 19) there appears to be sufficient excess sewer- line capacity from the corner of Payne Drive and Bonnie Brae to the corner of Greenbriar and Hinkle (MH 12) to serve the proposed development. Once zoning and platting has been accom- plished and the final sewer loading can be uetermined, any capacity limits and necessary improvements for the 680 foot restriction from MH 21 to MH 19 can be addressed. However, at the corner of Greenbriar and Hinkle (MH 12) the sewerline receives a substantial loading from a 10 inch line from the north which serves the Northridge and Fall Meadows area. In addition, the sewerline downstream of MH 12 to the south is only a 10 inch line for the next 21600 feet until it intersects and parallels a 15 inch line at MH 5. From this point the 15 inch and 10 inch lines tie into a single 18 inch line on Crescent Street just north of the High School at MH 1. • Since limited information about grades, capacities, and existing loading was available for, this portion of sewerline (MH 12 to Mil 1) a field investigation was conducted. Flow line elevations and distances between manholes were determined to establish sewerline grades. Line diameters were also checked and capacities were calculated (using n-0.013). Due to the large service area contributing flow to this portion of sewerline, actual field measurements of depth of flow were used to estimate existi:g loads. The depth measurements were taken from 8:00 am to 9:00 am and would be representative of peak morning flows. It should be noted that the actual depth readings used for the analysis were increased to allow for infiltration-inflow contribution during wet weather. Also, the population equivalents were calculated using a 4 to 1 peaking factor which is conservatively high for a service area this large. The results of this analysis clearly point out the following: 1. The 10 inch sewer from MH 12 to MH 5 is at or nearly at capacity under present loading conditions. 2. There is sufficient excess sewer capacity from tit! 5 to MIT 1 to provide service for the proposed 52 acre development. • Id Liam June 1984 age 3 t It is my recommendation that a parallel relief sewerline be con- structed between D1H 12 and 21H 5 to eliminate this constriction. This would allow the excess capacity of the 10 inch to 12 inch sewer system from Windsor-Bowling Green-Greenbriar to be fully utilizable for this proposed development. This relief sewer would be about 2,600 feet long and would incl,ide an aerial creek crossing and a bore under U. S. Highway 380. There is 7.9 feet of fall available, resulting in an average slope of 0.30%. To provide excess capacity for this development, a 10 inch relief line would be required. If the City would like to provide any additional capacity for future development, an oversize partici- pation agreement could be arranged. If you have any questions or would like for me to provide any additional information, please feel free to contact me. I Respectfully, S_ Timothy S. Fisher TF/sm enclosure CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76101 TELEPHONE (817) 566-8200 July 3, 1984 Larry Frank P.O. Box 2753 Denton, TX 76201 SUBJ: Proposed 52-acre development at southwest corner of Payne Drive and Bonnie Brae Street Dear Larry; I have received the engineering report from Fields, Edwards and Associates as prepared by Tim Fisher, one of their engineers. The study indicates that from approximately Greenbriar and Hinkle Streets the sewerline size is not sufficient to carry the sewerage from that point south to a 15" sanitary sewerline at the proximity of the Denton High School. This distance of 2600' would require a relief sewerline of at least a 10" size and one aerial crossing with a bore underneath Highway 380. In my ccnsultation with Bob Nelson, we both agree that the City Code of Ordinances 83-70 requiring this off-site improvement to accommodate your development are applicable. In addition, I have looked at the 10" sanitary sewerline on Windsor Drive which the City installed in 1980. Bob Nelson, Director of Utilities, says that your client mov tie-on to the end of this Windsor Street sewerline provided your loading is no more than determined by the study, i.e., 10" size. I realize that this relief sewerline may be considerable expense to your client for serving this property, however, the City Council may wish to participate in oversizing above your requirement as well as off-site pro rata agreemenits. Your client would be able to recover a sizable portion of his off-site expense with the pro rata agreement which stays in effect for 20 years. The oversizing in which the City would participate would probably boost this line from a 10" to an 18" size along Hinkle Street. Details could be worked out through your client and engineer. Larry Frank page 2 July 3, 1984 With regards to the waterline service, the Cicy of Denton would require that you construct a waterline from University Blvd (Hwy 360) north along Bonnie Brae Street to your development and then tie in to the existing 8" waterline at the corner of Payne Drive and Bonnie Brae Street. The City Council may almo wish to participate in oversizing up to a 12" waterline as well as an off-site pro rata agreement. I trust that this information is sufficient for you to make a determination as to the continuation of your proposed 52-acre development. Sincerely, 'e-V Dave Ham Assistant Director of Utilities Water/Wastewater Divisions DH:es i 1 A ! co 040 w 70 J7- t 4J cp 1 ~ I t~l~t, •ii ~ o R40Ya lt ' Y E t i CO 0 j O ' ~ ~ f c"xr~i8~j 7I I v Public Utility 4oard Minutes December 121 19b'4 Page four item 10: CONSIDER OVERSIZE AGREEMENT WITH NORTH TEXAS INDUSTRIAL DISTRICT FOR 18" SEWER LINE ALONG DRAINAGE EASEMENT ON EAST SIDE OF THEIR PROPERTY FROM THE SOUTHEAST CORNER OF THEIR PROPERTY TO 'THE PECAN CREEK INTERCEPTOR Ms. Boy' made a motion to recommend the above mentioned oversize agreement for an 18" sewer line up from a 10" sewer line to the City Council for passage. Mr. Thompson seconded the motion. Five ayes, no naves, motion carried. Item 11: CONSIDER PROPOSED PRO-RATA AND OVERSIZED AGREEMENT WITH WINDSOR WEST ADDITION FOR A NEW 14" WATER LINE FROM UNIVERSITY DRIVE ALONG BONNIE-BRAE \ND ALONG PAYNE DRIVE APPROXIMATELY 51200 FEET. Mr. Coomes made a motion to recommend the pro-rata and oversize agreements (for a 14" water line: up from a 10' water line and 3,105 LF and a 12' up from a 10" for 2,095 LF) to the council for adoption. Ms. Boyd seconded the motion. All ayes, no naves, motion carried. Item 12: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT WITH WINDSOR WEST ADDITION FOR A NEW 18" SANITARY SEWER LINE FROM GREENBRIAR AND HINKLE STREETS SOUTH ON HINKLE STREET APROXIM.ATELY 2 6UU FEET TO AN EXISITING 15-'-/-1211 SANITARY SEWER AT THE PROXIMITY OF THE D£NTON HIGH SCHOOL, is INCLUDING A BORE UNDER HWY 380. Mr. Coomes mane a motion to recommend the proposed oversize agreement with Ridgeway Plata Joint Venture for an 18" oversize up from a 10' sewer line. Ms. Boyd seconded the motion. All ayes, no naves, motion carried. Item 13: CONSIDER PROPOSED OVERSIZE AGREEMENT WITH RIDGEWAY PLAZA JOINT VENTURE FOR A NEW WATER LINE ON LILLIAN B. MILLER FREEWAY ALONG THE FRONTAGE OF THEIR PROPERTY. Mr. Thompson :lade a motion to recommend the proposed pro-rata and oversize agreement with Ridgeway Plaza Joint Venture for 27" water line up from an 8" dater line to the City Council. Ms. Boyd seconded the motion. Five ayes, no naves, motion carried. Item 14: CONSIDER PRO-RATA AND RECONSIDER OVERSIZE AGREEMENT WITH THE 14EAD04S ADDITION (FORMERLY CwAMPION MOBILE HOME PARK) FOR A NEW lb" WATER L--NE FROM THE INTERSECTION OF MAYHILL ROAD AND MCKINNEY STREET, EAST ALONG MCKINNEY STREET TO THE EAST 367UNDARY OF THE DEVELOPMENT APPROXIMATELY , FEET. Mr. Thompson made a motion to recommend the proposed pro-rata and oversize agreement 4itn the Meadows Addition for a 16" oversized water line over an 8" water line to the City Council. Ms. Boyd seconded the motion. Five ayes, no naves, motion carried. January 80 1985 TO: MAYOR do MEMBERS OF THE CITY COUNCIL FROM: G. Chris Hartung, City Manager SUBJECT: Consider proposed Pro Rate and Oversize Agreement with Sandy !-fill Addition for a new 14" water line from Geesling Road and Hwy. 380 to Fishtrap Road. RECOMMENDATION: The Public Utilities Board, at their meeting of 12/12/84 recommended to the City Council approval of this oversizing and pro rate agreement due to loading imposed by this and other development requirements in this area in the near future. SUMMARY: Sandy Hill Addition is considering the development of 7'1 mobile home units adjacent to Fishtrap Road and Geesling Road. A study indicates that an 14" water line will be necessary to supply water to this and other new developments in this area, some zoned light industrial and commercial. This development is totally inside the city limits. FISCAL IMPACT: Costs ere estimated as follow3: Total cost of this project to serve development, (2957 LF of 14" %VL 9 $28.00/LF) = $ 82,796.00 Cost of this project to serve Sandy Hill Ladd. (2957 LF of 8" WL L $21.50/LF) = $ 63,575.00 Cost of this project to the laity of Denton, (diff. between 14" & 8" WL ($28-$21.50)x 2957 LF) $ 19,221.00 Source of funds: Water Bond Funds 523-008-0461-9138 Respectfully submitte& a at. 0 1 - L,. Lhra iartung City Manager Prepared by. C. David Ham Asst. Director of Utilities, Wtr/WW Divisions i APPROVED:~ ~~1-cn t✓ R. E. Nelson, P.E. Director of Utilities EXHIt31i I Location map of Water Line 11 Water Line Oversize Agreement Ill Wester Line Pro Rate Agreement IV Ordinance V Minutes PUB Meeting of 12/12/84 3408U oID WATER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS § COL KNOW ALL MEN BY THESE PRESENTS: ~.~TY OF CENTON § THAT WHEREAS, Jim Griffis and Larry Gentry d/b/a Sandy Ilill Development Company Inc., or its assigns is the Developer of cer- tain property shown on the attached map, which map is inccrporated herein as if set forth in full, in the City of Denton, Denton County, Texas, and further described as property on south side of Fishtrap Road at Gees£ing Road and the Developer desires to serve such property with approximately 2,957 feet of on and uffsitc water line facilities; and, WHEREAS, the City of Denton desires that such on aiid offstte water facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provisions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; i NOW, THEREFORE, THIS AGREEMENT, made this day of , 198 , by and between Jim Griffis and Larry-Gentry d/b_ a $an7v* Hill--gevelopment Company Inc., hereinafter called "Developer", and the City of Denton, Texas, A Home Rule municipal Corporation of the State of Texas, hereinafter called "City"; WITNESSETH: 1. The Developer will install, by contract or otherwise, a 14" water line and necessary a p~ur_tenances to serve the property descr a on t e attae a map n act comer ante with all City of Denton ordinances, rules, regulations, policies and procedures. The said facilities shall be located as shown on the attached map •.nich is made a part hereof for all intents and purposes. 2. The City's share of the estimated cost of said facilities is $19,221 2,957 L.F. X $28.UO - $21.5U). Upon con plet£on of construction and acceptance by the City ot said ffacilities, to actual cost of the City's participation in said facilitL~s shall be determined and certified to by the Director of Utilities, and rris certificate setting out the City's Cost of Naid faCllitics shall be attached hereto and made a part hereof. 3. Ti-e City shall pay for its share of the facilities within thirty (3U) days from the date of acceptance of the i'acilit£es, or undo- such terms and conditions that are mutually acceptable to the parties. 4. Title to said facilities is '-ereby and shall at all times be vested in the City. 5. The Developer shall an,; does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third person occasioned },y any act or onission, neglect or wrong doinJ of Develuper, £t~ oft£cers, agents, eoployces, invitees, contractors or :then r,: ons .lth regard to the performance of this contract, and VLVti per will, at its own cost and expense, defend and protect agair~, any and all such claims and demands. WATER LINE OVERSIZE PAR'ICIPATION AGREEMENT/SA 0Y HILL GEV£LOP- MENT CO. INC./PAGE 1 • IN WITNESS WHEREOF* this instrutaentliss executed in triplicate originals this day of SANDY HILL DEVELOPUNT CO. INC. BY: BY: _ V CITY OF DENTON, TEXAS BY: R C D 5TE 'T, !lA ATTEST: ALLEN, CRARLOT'CE S .h CITY OF DENTON, TEXAS APPKOVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTGRNEY CITY OF DENTON, TEXAS BY. HATER LINE OVERSIZE PARTICIPATION AGREEMENT/SANDY HILL DEVELOP- MENT CO. INC./PAGE 2 . , r. a n~ lYC v. 4ATER LINE PRO RATA AGREENENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: CUUNTY OF DENTON § THAT THIS AGREEMENT is made this day of , 198 by and between the City of Denton, a Hunictpa urporat on of t County of Denton and the State of Texas, hereinafter referred to as "City" and Jim Griffis and Larry Gentry d/b/a Sandy Hill Development Company Inc., or its assigns, hereinafter referred to as "Owner". W1TNESSETH: WHEREAS, Owner will install a water line from the City of Denton's proposed line at Geeslin& end Highway 380, 922 E.:et to Owner's development on Fishtrap Road; and WHEREAS, in order to serve this development with water ser- vices, Owner will be required to pay the cost of 922 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, Appendi•: A to the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the Owner desires to receive reimbursement for sucii cost Lnder the provisions of said Denton Development Coue of the City of Denton, Texas; NOW THEREFORE, in consideration of the premises and t'ie z..tual covenants and agreements hereinafter provided, the parties hereto agree as follows: I. That fur and in consideration of the construction if such -mater line extension for uLe benefit .~f Owner and the City, tt"e pity agree; to reimburse Cwner not to exceed tits cast of construction only of such main extension the sum of $15,~:3.U0 {922' offs.te $21 50 per foot for 8" size line) under u:e proving ui e'tfeoe on the ate o *n15 Agree:a the Denton Develupment Cade Uf the City of Denton, Texas, as herctofore aaendci wittt t'ne follow- ing limitations, A. Reimbursemen: costs will be verified by the Director of Utilities or his designee based on actual costs of offsite xater line construction as presented by the Owners. B. After the expiration of twenty (20) years .`ro+n tnis date of the completion of the water line exrension, which will 'oa co,a- pleted about no further a'eiubursa,nent shall be made to Owner. C. The reimbursement shall not apply to main exteisicnc, constructed by the City of Denton or under its directions tru.2 ally main construction under the terms of this Agreement. D. Reimbursement payments shall be made to the Owner or their assigns if written, and to no other person(s). WATER LINE PRO RATA AGREEMENT/SANDY HILL DEVELOVIENT CO. INC./PAGE 1 E. The reimbursement aforesaid shall be payable only fron funds received by the City pursua,.kt to said Denton Development Code. F. There shall be a maxim•~m of twenty (20) years as the period of eligibility wherein the original installer of the water line may request reimbursement of pro rate payments under this Agreement. The period of eligibility shall begin as the date of final inspection ?nd acceptance of the extension by the City. G. All pro rata fees incurred under tke provibions of the Denton Development Code sha'.1 be paid directly to the City and the City shall transfer amounts due to owner within thirty (30) days of receipt. 11. That for and in consiairation of the Agreements to be performed by the City as afores±id, Owner hereby transfers to the City all of its rights, title +ind interest in and to the water line extension described above, and any and al, easements and right of way agreements secured by them fur the purpose of locating said water line extensions. WiTNESSETH the hands of the Parties hereto on the day and year first above written. SANDY HILL DEVELOPMENT CO. INC. BY: 7TR GRi IFF'i3-- BY: i CITY OF DE~41UN, TEXAS BY: RICRARD 0. ,'r t ATTEST: CIOLUOTTE-ALLEii, CITY SURFTARY CITY OF DENTUU, TEXAS APPROVLU AS TO LEGAL FOM: JOE D. MORRIS, ACTING CITY ATTOR`.EY CITY OF DENTON, TEXAS BY: _ WATER LINE PRO KATA AGREEMENT/ SANDY HILL DEVELOPMENT CO. INC./PAGE 2 I i •1I M 22 ' h ilf0II . r { . r , . public Utility Board Minutes December 12, 1984 Page five Item 1S: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT WITH THE MEADOWS ADDITION (PREVIOUSLY CHAMPION MOBILE HOME PARK) FOR A NEW 12" SAKIIARY SEWER LINE FR0;1 THE PECAN CREEK INTERCEPTOR TO MCKINNEY STREET APPROXIMATELY 5,4 FEET. Mr. Coomes made a motion to recommend the proposed pro-rata and oversize agreement for a lo" water line up from an 8" water line with the Meadows Addition for approval by the City Council. All ayes, no nayes, motion carried. Item lb: CONSIDER THE PROPOSED OVERSIZE AGREEMENT tiiI'TH AMERICAN STORES PROPERTIES, INC. FOR A lb" WATER LINE ON EAST HWY 38 ALONG THE FRONTAGE OF THEIR PROPERTY. Ms. Boyd made a motion to recommend the proposed oversize agreement for a lo" water line up from an d" water line with American Stores Properties, Inc, to the Cicy Council for approval, Seconded by Mr. Thompson. All ayes, no nayes, motion carried. Item 17: CONSIDER THE PROPOSED SEWER LINE OVERSIZE PARTICIPATION AGREEMENT W1'TH SANDY HILL ADDITION FOR 18" SEWER LINE FROM FISHTRAP ROAD TO COOPER CREEK LIFT STATION. Mr. Herring made a motion to recommend the proposed sewer line oversize agreement for an 1d" sewer line up from an 10" sewer line with Sandy Hill Addition to the City Council for approval, Mr. Thompson seconded the motion. Five ayes, no nayes, motion carried. :tem 18: CONSIDER THE PROPOSED PRO-RATA AGREEMENT WITH SANDY HILL 80 LINE FROM FiSHPRAP ROAD To ADDITION FOR A NEW 1 Y COOPER CREEK LIFT STATION, tor. Coomes trade a motion to recummend the proposed pro-rata agreement with Sandy Hill Additiun for a 10 sewer line for approval. Mr. Thompson seconded the motion. Five ayes, no nayes, motion carried. Item 19: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT 1ITH SANDY :TILL ADDITION FOR NEW 4'' WATER LINE FP.OM GEESLING ROAD AND HWY. 3 0 TO FISH'TRAP ROAD_ Mr. Herring made a motion to recommend the proposed pro-rata for an d" water line and oversize agreements for a 14" water line up from an 8" water line with Sandy Aili Addition for water line. Mr. Thompson seconded the motion. All ayes, no nayes, motion carried. January 8, 1985 TO: MAYOR & MEMBERS OF THE CITY COU14CIL FROM: G. Chris Hartung, City Manager SUBJECT: Consider Sewer Line Oversize Participation Agreement with Sandy Hill Addition for 18" Sewer Line From Fishtrap (toad to Cooper Creek Lift Station. RECOMMENDATION: The Public Utilities Board, at their meeting of December 12, 1984, recommended developers be advised of this oversize requirement and that the City intends to participate in the funding of this oversize sewer line from a 10" to an 18" diameter. Developers would be advised that an agreement to pay for oversize will be established after bids are opened and actual cost to the City of Denton is determined. SUMMARY: At the April 2U9 1983 Public Utilities Board meeting and the May 10, 1983, City Council meeting, Mr. Jim Griffis received approval of a Sewer Line Oversize ParI ipation Agreement for Sandy Hill Addition. A Mr. Jack Brouder was also listed as a party to the Agreement. Due to difficulties with easements, etc., the Participation Agreement has never been activated. Mr. Griffis now plans to proceed with subject development, but the Agreement needs to be in the name of Sandy Hill Addition. No terms or conditions have changed. FISCAL IMPACT: Total cost of 18" sanitary sewer line oversize (estimate) $2549000 City's Share (estimate) (Difference 18" from 10" sewer) $ 700000 Developer's Share (Estimate) (10" sewer) $184,000 TUTAL PROJECT LUST 54, 6- Source of Funds: 624-008-0471-9138 Iles peulmit ed: .49444( G Chris Hartung City Manager Prepared by: C. David Ham Asst. Director of Utilities, Wtr/WW Divisions APPRYVE : R. E. Nelson, P. E. Director of Utilities EXHIBIT i Sewer Line Oversize Participation Agreement 11 Minutes of PUB Meeting of 4/20/83 III Ordinance IV Minutes PUB Meeting of 12/12/84 340BUs22 I SEWER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS. COUiQTY OF DENTUN § TIL1T WHEREAS, Jim Griffis and Larry Centry d/b/a Sandy Hill Development Company Inc., or its assigns, is the Developer of cer- tain property shown on the attached map, which map is incorporated herein as if set forth in full, in the City of Denton, Centon County, Texas, and further described as Sandy Hills Mobile Home Park Subdivision and Capricorn Mobile Home Park respectively, and Developer desires to serve such property with approximately 8750 feet of off-site sewer line facilities; and WHEREAS, the City of Denton desires that such off-site sewer facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant co the provisions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this day of , 198 by and between Jim Griffis and LarryZ'entry d a San y Hill Development Company Inc., or its assigns, and the City of Denton, Texas a Home Rule Municipal Corporation of the State of Texas, hereinafter called "City"; WITHESSETH: 1. The Developer will install, by contract or otherwise, an 18" sewer line and necessary appurtenances to serve the property descried on the attached map In accordance with all City of Denton ordinances, rules, regulations, policies and procedures. '*he said facilities shall be located as shown on the attached o;ap wtaich is made a part hereof and incorporated herein by reference. 2. The City's share of the estimated cost of said facilities is $70,000.00 •8,750 LF X ($29.00 - $21.00}. Upon completion of c^natruct on an acceptance by the itylo of said facilities, tie actual cost of the City's participation in :;aid facilities shall be determined and certitied to by the Directur of Utilities, and his certificate setting out tLe City's cost of said facilities shall be attached hereto and made a part hereof. 3. The City shall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terns and conditions that are mutually acceptable to the parties. 4. Title to said facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmless the City frog any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third person occasioned by eiy act or omission, neglect or wron-doing of Developer, its officers, agenta, employees, invitees, contractors or other persons with regard to the performance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. SEWER LIN: OVERSIZE PARTICIPATION AGREEMENT/ SANDY HILL DEVELOPMENT CO. INC./.'AGE 1 IN WITNESS WHEREOF, this instrument is executed in triplicate originals this day of , 198_ SANDY HILL DEVELOPMENT CO. INC. BY: JIM GRIFFIS BY: LARRY GENTKY CITY OF DENTON, TEXAS BY: ATTEST: CHARLOTTE ALLEN, CITY SECRETM CITY OF DENTON, TEXAS 'PROVED AS TO LEGAL FORM: JC8 D. MORRIS, ACTING CITY ATTORNEY CITY OF UENTON, TEXAS BY: lw v Tl) SEWER LINE OVERSIZE PARTICIPATIUH AGREEMENT/SANDY HILL Dk:VLLOPMENT CO. INC./PAGE 2 v . T~ t S, M1jt I r t~ t PAU$ r H1asi brioged the board by stating that the developers Of the ""I "111 subdivision and Capricorn Mobile Nome Park ago attempting to construct a- sanitary smariiao from Hiigbway 300 Wt adjacent to .the Capricorn Mobile Yo" Park to the CitytOf Deatos's Cooper Crook Lilt dtatioa.• am •dded that otigisal proposal was to build two- lift stations and run e totes Min which the City would`, not vast to do because of J'. maintenance problems and operating costa involved with the lift stationso cam stated that the IS' gravity line was a note feasible way to go and that the City should look at rticipation in the cost of oversisisg that line from a 10 to 1•• • and conoliiaed by stating that the City's participation cost ' would be approximately 670.000. Cryan pads a motion to teccomead to the city council that ubject participation agreement be appc Loveless, four ayes, no nayeso, motioa castied. o ? or 10. . 114&-.` w LJJdL uy ucam"TH H*uHl -•••'"'aoy aQ,astn p HiAxlIR LIb+KS t Sam b.:ieted the board by stating that the developers have asked _ the city of Denton to assist them in acquiring easements since the waterline they plan to construct wilProper y the the City of Denton upon completiono, tha developers believe that without the City's help, easements will be impossible to obtain, walson pointed out to the Board that this was a depattute in policy and that the City normally requites all easements to be obtained by the developers Chairman Laney stated that he was uncomfortable in changing policy on such a matter and would like to review the situation in more depth. Harting then made a motion to table this item the gonext ut ays, meeting no nayes~ moPubli tion caceiedies Board. Second by Crya HICKORY CAHRK COMM 131 " 11. Hi x e Us briefed the board by stating that subject Change ardor consists of construction irprovements to the wet well sit bubbler pipe system which were not foreseen at the time of assign. He added that this air supply is needed to prevent sewage from becoming septic by increasing air flow to raw sewage which may be retained got an extensive period of time in • the wet well. Attet a brief discussions Cryan made a dir be cis out subject no Chao" West potion recommend to the City Council approvedo second by w Carr Lod. ' 1. 9'•~k ~ rn'is~e`~ ti ' y ~ Y ~ • r~. C,~~'ls' i. ~ ,y l~ ~ r,f ~f Ys .Y` ~ ♦ . • 1 ~ ~ _ 1 ` L'~~~ Pili Z • t , i t t' a 6 *C f . _ ' SJ Son"=a Consider Pmcticipatioa is Omaise (Above 10• f5iametesl Oi Sanitary SewrLine from state Bigbwy seat 380 Zb Cooper - Cce" Litt Station Serving sandy dills MobiI4 Rome subdivisiem W Capricorn Mobile Rsme Perks sisSYRY t - ~ ' Subject to the approval of tba Planning and fonimf COMiseies Of the *andy Hills subdivision Platt the Staff subnits.the following informations 1, Mss Jim Griffis. developer for SamAY MILLS Mobile Yaw Subdivision, and Mr. Jack Browder of the Capricorn Mobile Hors Pack Gcoupt have askaj the utility Staff for guidance and City assistance in the construetioe of a sanitary sewclane to serve these two mobile home developments, Capricorn Mobile Was Pack currently exists outside the City limits with City water aM privately owned septic tanks, Sanay Bills Mobile Home Subdivision is in the planning stager also outside the City limits. Both developers desire City water and sanitary sever services Zs The sanitary severline ciao cequicee to open up this vast new area of development rthould be an 18' diameter pipe, it is estimated that 100 mobile homes at Capricorn would tap on to this sewer line when constructed and an additional 150 mobile homes tapped on when SAnoy Hills Mobile Boma Subdivision is completed, The proposed 140 sewecline would allow growth capability for other new developments north and south of Highway 3110 east. 3, The developers ate willing to dedicate the sewerline and easements to the City upon project completion, They will also construct these seweclines to City of Denton regulations and specifications with proper engineering, City review and approvals 4s paS" next rticipation bgyend agenda o itD~enton or easement condemnation . 1liW*7 7y. A.w Ir ~ Yll t-L~• . .u .',1 N. r 1 . [ to r ~ ♦.:..n r..r . low' ed' l0'~ Mm~talY . Nlle[lir e t r. '.0?wead (eat iasta~.'; $25400N City's pare (estiaato) (Differem a U" from l0• sever) 70,000 DeveiOper's sbarr (estimate) (10' sewor) 104.000 Total Project coal $2548000 source of tunas - Current Sudget ACTION AMOULMc Receive from 100694 direction and comments as appropriate. OTAt1 R MMMUM"TIOMs The Staff recommends developers be Advised of this oversize requicement mm that the City intends to pacticipato in the funding of this oversise sewrline from a 10' to an W diameter. Developers would be advised that an agreement to pay for overeise will be established after bids ace opened and • actual cost to the City of Denton is determined. W spec tf ul ly, C. uavid Has Assistant uirectoc of Utilities water/wastswater ' J • 14iW/7 Public Utility9 4 Board Minutes December 12 I Page five Item 15: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT WITH THE MEADOHS ADDITION (PREVIOUSLY CHAMPION MOBILE H014E PARK) FOR A NEW 12" SANITARY SEWER LINE FROM THE PECAN CREEK INTERCEPTOR TO MCKINNEY STREET APPROXIMATELY 5,42 FEET. Mr. Coomes ;Wade a r,otioil to recommend the proposed pro-rata and oversize agreement for a lo" water line up from an 81 water line with the :deadows Addition for approval by the City Council. Ali aye::,, no naves, motion carried. Item 16: CONSIDER THE PROPOSED OVERSIZE AGREEMENT 41I'TH A14ERICAN STORES PROPERTIES, INC. FOR A 160 WAroa LINE ON EAST HWY 380 ALONG rHE FROM"PAGE OF PHEIR PROPERTY. Ms. Boyd ,jade a motion to recommend the proposed oversize agreement for a 10" water line up from an d" water line with American Stores Properties, Inc. to the City Council for approval. Seconded by Mr. Thompson. Ail ayes, no aayes, motion carried. Item 17: CONSIDER UHF, PROPOSED SEWER LINE OVERSIZE PARTICIPATION AGREEMENT 4TH SANDY :TILL ADDITION FOR 18" SEWER LINE FQt0tj FISH`rRA.P ROAD 'r0 COOPER CREE4 LIFT SrArION. M!. Herring made a motion to recommend the proposed :ewer line uver:,iza agreement for an Id" sewer line up rro- an 10" sewer line witn Sandy Hill addition to the city Cuuncil fur approval. Mr. Thompson seconded the motion. Five ayes, no nayes, motion carried. Item 18: CONSIDER PHS PROPOSED PRO-RATA AGRE- 4EAf 6IITA SANDY ,TILL ADDITION FOR A NEW 18- SEWER LINE FROM ?IS PRAP 'QU 70 COOPER CREEK LIFT STATIO2j. Ar. C~ui.-3 s ;wade a motion to recoi;land the propjs d pro- rata agreement with Sandi riiil Addition ter a 1U" sewer iine for approval. Mr. Pno,npsun secoadeJ one motion. Five ayes, no nayes, motion carried. Item 19: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENP dITH SANDY :TILL ADDITION FOR A NEW " WATER LINE FROM GEESLING ROAD AND HWY. 380 TO FISHrRAP ROAD, Mr. Herring made a motion to recommend the proposed pro-rata for an d" water line and oversize agreements for a 140 watec line up from an 8" water line with Sandy Gill Addition for water line. Mr. Thompson seconded the motion. All ayes, no nayes, motion carried. January 8, 1985 10: MAYOR do MEMBERS Or THE CITY COUNCIL , z FROM: G. Chris Hartung, City Manager SUBJECT: Consiuer proposed Pro Rate Agreement with Sandy Hill Addition for a new 18" sanitary sewerline from Fishtrep Rood to Cooper Creek Lift Station. RECUMMEHDATIOIJ: The Public utilities Board, at their meeting of Decernuer 12, '1984, recommended to the City Council approval of subject pro rota agreement so that Developer may recover some of his investment. SUmNAARY: Sandy Hill Addition is considering the development of 72 mobile home units adjacent to Fishtrep Road and Geesling Road. A study indicates that an 18" sanitary sewer line will be necessary to serve this area and other new developments in this area, some zoned light industrial End commercial. Capricorn Mobile Home Park Is directly adjacent to this new line with 600 new units. Sandy Hill Addition is totally inside the city limits. Water and sewer service to Sandy Hill Addition wes approved with oversizing of sewerline in 1983. A copy of this approved oversizing of sewerline is attached for information. FISCAL IMPACT: I to costs of pro rata to the city. iiespectfully submitted R 44( pm/ ' Chi is artung City Manager Prepared b;,: L. David Ham Asst. Director of Utilities, Wtr/WVV Divisions APPROVED i . . f el on, P.E. Director of Utilities 3408U:14 i I EXHIBIT I Location map of Sandy Hill Addition EXHIBIT lI Setiverline Oversize Agreement (already approved) EXH1131T III Sewerline Pro Rata Agreement IV Minutes of CC Meeting of 5/14/83 V Urdinance VI Minutes PUB Fleeting of 12)12/84 J 3308U:15 7-" 7 SEWER LINE PRO PLATA AGPE£hENT TH' -?ATE OF TEXAS § KNOW ALL LIEN by THESE PRESENTS: Ck OF DENTON 5 TILAT THIS AGREDILN'P is made this day of , 198 by and between the City of Denton, a HuuicipdT (urpor-a-M n of t-ie County of Denton and tice Stoce of Texas, hereinafter referred to as "City" acid Jim Griffis and Larry Gentry d/b/a Sandy hill Development Company Inc., or its assigns, hereinafter referred to as "Owner". WITNESSETH: WHEREAS, Owner will install d sewer line from Cooper Creek Lift Station 4,500 feet to Owner's development on Fish Trap koad; and, WHEREAS, in order to serve this development with Fewer services, Owner will be required to pay the cost of 9,500 feet of sewer line and wili extend such sever line as described Lboee pursuant to the provisions in effect on the date of this Agreement of the Denton Development Code, Appendix A to ti,-, Code of Ordinances of the City of Denton, Texas; and WHEREAS, the Owner desires to receive reimbursement for such cost under the provisions of said Denton Development, Code of the City of Denton, Texas; NOW THEREFORE, in consideration of tia premises and the mutual covenants and agrcet.ents hereinafter provided, ttce parties liereto agree as fu lows: 1. Tnat for and in consideration of the cQ11,5t1Lcti011 o~ such sewer line extensi.sn for the benefit Uf Gwn~: Ir~d the City, the City agrees to reimburse Owner not to e11. ccu3 his cost of construction only of such gain extension the su•~ of L91-' SOu.00 _(91500' ofPsite X 21.U0 er t_p 'out for LO" sizu_ line under -tFe pruvTsiuns~in ow- iect on t.ce ate of to s gre'e en[ o tt e L,-nton Development Code of ,he City of Denton, Texas, as heretofore amended with the following limitations: A. Reimbursement costs will be verified by the Director of Utilities or his designee based on actual costs of offsite sewer lint construction as presented by the Owners. B. After tl.e expiration of twenty (20) years from t pis dnte of thn completion of the sewer line extension, which will t., completed about 1985, no further retabutse- mcnt shall be made to nor. I C. The reimbursement shall .~t apply to niin extensions constructed by the City of Denton or under its directions frog any main construction under the terms of this Agreement. D. Reinbursement payments shall be made to the Owner or their assigns if written, and to no other person(s). SEWER LINE Pt(O RATA AUREEMENT/SANDY HILL DEVELOPMENT CO. INC./ PACE 1 r ` ~..ry r. l E. The reimbursement aforesaid skull be payable only from funds received by tie City pursuant to said Denton Development Code. F. There sc.all be a maximum of twenty (20) years as the period of eligibility wherein the original installer of the sewer line ray 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. G. All pro rate fees incurred under the provisions of the Denton Development Code shell be paid directly to the City and the City shell transfer amounts due to owner within thirty (30) days of receipt. it. That for and in consideration of the Agreements to be performed by the City as aforesaid, Owner hereby transfers to easements the seweriline extension dese ribedtabove, and nacyeandiall and and right of way agreements secured by them for the purpose of locating said sewer line extensions. WITNESSETH the hands of the Parties hereto on the day and year first above written. SANDY HILL DEVELOPMENT CO. INC. BY,. nor BI : L _ CITY OF DENTONO TEXAS BY: RICKAR) 0. STLWART, MAYOR ATTEST: C1'LUlL6'f'l Y CITY CF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS by: SEWER LINE PRO RATA AGREEMENT/SANDY HILL DEVELOPMENT CO. INC./ PAGE 2 % ties ~ ~tt• M % I 0r iw ~x~va. I iCt r ri,~• o+ D ~ csTt or DENTON C,.. uYwr,a MBNORANDUM r..rwrrrr rr rrr.r~.r rr rri.rr rr rrrrrr,rrrrr rrr rrr rrrrrrrrrrr rrrrrrrrr rrrrr rr~yr TOs Robert B. Hunter, Assistant city Attorney FROKs Dave Hm# Assistant Director Utilities Water/Wastewater DATES December 4, 1984 SUBJs SEWER LIME OVERSIZE PARTICIPATION AGREEMENT BETWEEN CITY OF DWPON AND SANDY HILL DEVELOPMENT COMPANY, INC. The attached sewer line oversize participation agreement needs your review and approval to that it may be submitted to the developers for their respective signatures. This item has already been approved S draft fors, through the city Council at ti:eir May 10, 1983 Meeting. The reason for the delay of this oversize participation agreement chose not to proceed with his development at that time. CDHs to Attach. Sandy Hill Dev. CO.mm ~xaid!~T d ssieytiaf Denton CityCouncil Minutes Page Thirteen • Alford motion, Chew second to approve the change order. Motion carried unanimously. lb. The 'Council considered change order 113, C-48-1188-03, wastewater Treatment Plant,, from CracOu Construction Cooper and Traese and Nichols, Ice. Bob Nelson reported that the change order was for a manhole plume meter to measure the stream back into the plant. The meter was ' required by the EPA and the cost would be $8,840. Hopkins motion, Chew second to approve the change order. Motion carried unanimously. 17. The Council considered funding and purchase of the System Control and Data Acquisition (SCADA) for the taw water pump station and water plant. Bob Nelaoo repotted this was for automatic control to Control the raw water lift grarm at the lake. The present system was installed to the 1950`s. the cost of the SCADA system would be $32,077. Chew motion, Barton second to approve the, funding and purchase. Motion carried unanimously. 18. The Council considered a contract with Ed Blaylock for a utility video slide program. Bob Nelson repotted that the Public Utility Board in a -planning meeting bid asked that a slide pro ram be prepared for the Utility Department showing the various serv ces of the department. The cost of supplies would be $1500 and $2500 for professional services. Council Member Chew asked if the presentatiod could be integrated • into the Economic Development show. Nelson responded that the slide show would depict a tour through City of Denton facilities and would be ueod mainly just in Denton. Council Member Hopkins asked if the slide presentation would address the issue of tstea to that Council members could use the slides in giving presentations to clubs, are. Nelson replied that the scope of the presentation could be expanded to be used in the community but it was originally seen as a spacial focus program. , Mayor Stewart stated that from his expatience on the Electric Rate Committee he did not think all of that information could be packaged into a short film presentation. Council Member bartoo stated that the finished presentation. could possibly be used as one segment of the economic development film at a future time. Bob Nelson reported that many citizens do not have the opportunity to see the Cie 06 utility facilities and that this was the original intent of the Public Utility board in askicg for the slide show. Riddlesetger motion, Alford second to approve the contract. Motion carried 5 to 2 with Council Members Chew and Stepbena voting nay. r Tne Council considered Patti 4.ipation if. -oversize (above 10" diimetet) of sanitary $swat line rom State Highway East 380 to Cooper Creek Lift Station servin Sandy Hills Mobile Home Subdivision and Capricorn Mobile home sack. . ti t s i Y r s": A ~ :a,! tG~tilen bob Nelson repotted that Mr. Griffis and other developers in the area had asked for participation to the oversized sewer line. The developers would pay $184,000 and the City's portion would t% 70,000. This would provide better service to this area to the uture. Mayor Stewart stated that the developer bad called him and stated that the City was now asking Om to pay more than his abate. Nelson explained the method used to detetmine each patty's share of the ovitsize installation.. Hopkins motion, Chew second to approve the participation. Notion carried unanimously. 20. The Council considered an increase in the covetage lot boiler and machine tnsutance. r' bob Nelson, Director of Utilities, repotted that the Staff had (Q completed a review of insurance coverage to determine if it was t.{ adequate. The boiler and machine insurance is for present value and Cr) not tot replacement value. The Staff 'would also recommend that the coverage be expanded to cover the machinery, whether it was damaged Cfl in use of not. The resent insurance will only cover machine which Q is damaged while to Cha "to use" condition. Council Member Chew asked if the additional coverage had been bid. Nelson responded that the Scott had taken the existing policies and put those cot for bids without the additional coverage. Council Members Stephens asked who determined what the insurance needs wets. • Nelson replied that John Maxwell handled all of the insurance. The Staff surveyed the different plant :ices to determine what was needed. Council Member Riddlespetger asked what the total premium would be par Yost. Nelson replied that it would be approximately $47,000 a year. Riddlesperger motion, Barton second to approve the increase in coverage. Motion carried unanimously. 21. The Council considered purchasing easements from the Texas Municipal Powet Agency. . Bob Nelson, Ditectot of Utilities, reported that TMPA had installed some power lines neat whets the City was building a substation at the • tport. WA owns the easement but would sell them to the City tot $10.00. Nelson stated that the City substation would be located on the west side of the TMPA lines. Council Member Hopkins stated tbot the City would not be accepting any liabilities for the TMPA lines. Barton motion, Alford second to approve the purchase of the easements. Motion catcied unanimously. 22. The Council considered approval of contracts lot teatoing• Defense Dtiving'coutses, Assistant City Manager Svehls [spotted that the prockdure for coat-s- ;evie•+ stated :hat in inde?enelnt cont;sctot agreement A Decembe'tiIity Board Minutes Publio 12, 1984 Page five Item 15: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT WITH THE MEADOWS ADDITION (PREVIOUSLY CHAMPION MOBILE HOME PARK) FOR A NEW 12" SANITARY SEWER LINE FROM THE PECAN CREEK INTERCEPTOR TO MCKINNEY STREET APPROXIMATELY 51FEET. Mr. COOmes made a motion to recommend the proposed pro-rata and oversize agreement for a 16" water line up from an 8" water line with the Meadu•;s Addition for approval by the City Council. All ayes, no nayes, motion carried. Item 16: CONSIDER THE PROPOSED OVERSIZE AGREEM&N" WITH AMERICAN STORES PROPERTIES, INC. FOR A 16" 'MATER LINE ON EAST HWY 380 ALONG THE FRONTAGE OF THEIR PROPERPY. Ms. Boyd made a motion to recommend the proposed oversize agreement for a 16" water line up from an d" water line with American Stores Properties, Inc. to the City Council for approval. Seconded by Mr. Thompson. All ayes, no nayes, motion carried. Item 17: CONSIDER THB PROPOSED SEWER LINE OVERSIZE PARTICIPATION AGREEMENT WITH SANDY HILL ADDITION FOR 18" SEWER LINE FROM FISHTRAP ROAD TO COOPER CREEK LIFT STArION. Mr. Herring made a motion to recommend the proposed sewer line oversize agreement for an ld" sewer line up from an 10" sewer line with Sandy Hill Addition to the City Council for approval. Mr. Tnompson seconded the motion. Five ayes, no nayes, motion carried. Item 18: CONSIDER THE PROPOSED PRO-RATA AGRESU'Llr WITH SANCY H't,L ADDITION FOR A NEW 16" SEWER LINE FROM FISHTRAP ROAD TO COOPER CREEK LIFT STATION. 19r. Cuoines trade a motion to recommend the proposed pro-rata agreement with Sandy Hill Addition for a 1U" sewer line for approval. Mr. Thompson seconded the motion. Five ayes, no nayes, motion carried. Item 19: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT win SANDY HILL ADDITION FOR A NEW 140 WATER LINE FROM GEESLING ROAD AND HWY. 380 TO FISHTRAP ROAD. Mr. Herring made a motion to recommend the proposed pro-rata for an 8" water line and oversize agreements for a 14" water line up fro,n an 8" water line with Sandy Hill Addition for water line. I4r. Thompson seconded the motion. All ayes, no nayes, motion carried. 7 7- 3408Us17 January 8, 1985 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROMs G. Chris Hartung, City Manager SU13JECT: Consider Pro Rats and Reconsider Oversize Agreement with the Meadows Addition (formerly Champion Mobile Home Park) for a new 16" water line from the Intersection of Mayhlli Road and McKinney Street, east along M,..Inney Street to the East Boundary of development approximately 4,560 feet. RECOMMENDATION: The Public Utilities board, at their meeting of December 12, 1984,recommended to the City Council approval of this oversizing and pro rate agreement due to loading imposed by this and other development requirements in this area in the near future. SUMMARY: The Meadows Addition (previously Champion Mobile Home Park) Is reconsidering development of a mobile horne park on McKinney Street (FrA #426). Although the Public Utilities Board recommended approval to the City Council for oversize participation November 14, 19839 the item wea withdrawn from the City Council Agenda on November 15, 1983, pending zoning difficulties in this city location. The project owners then chose to delay development and the site was recently sold to Holligan Development Company, Inc. A study Indicates a 16" waterline will be required to supply the demand for this and other developments In the near future. This development is now totally within the city limits. This 16" waterline will be tied into a new 20" waterline at Loop 288 in approximately one year. FISCAL IMPACT: Total cost of this project to serve development, (4569 l.F of 16" WL @ $32.00/LF) - $145,920.00 Cost of this project to serve Meadows Addition (4560 L of 8" WL L) $21.50/LF) - $ 98,040.00 Cost of this project to the City of Denton, (diff. between 16" & 81' WL ($32-$21.50)x 4560 LF) $ 479880.00 08 SI Source of Funds: Water Bond Funds 623-008-0461-9138 Respectfully submitted: . G. Lhr s artung laity Manager Prepared by: C. David Ham Assc. Director of Utilities, Mr/WW Divisions APPROVE r: I R. E. Nelson, P.L. Director of Utilities EXHIL31T 1 Location Map of Waterline 11 Waterline Uversize Agreement III 4aterline Pro Rata Agreement IV Letter of Request from Owner V Ordinance VI Minutes PUB 12/12/84 it _ i 0961L WATER LINE OVERSIZE PARTICIPATION AGREE?1eNT THE STATE OF TEXAS I KNOW ALL MEN UY THESE PRESENTS: COUNTY OF DENTON I THAT WHEREAS, Holigan Development, Inc., is the Developer of certain property shown on the attached map, which map is incorpo- rated herein as if set forth in full, in the City of Denton, Denton County, Texas, and further described as property on East McKinney Street and Developer desires to serve such property with 4,560 feet of on and offsite 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 provisions of the Denton Devei~pment Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this day of , 198 , by and between Holigan Development7-71nc., here`nafter called-"Developer", and the City of Denton, Texas, A Home Rule municipal Corporation of the State of Texas, hereinafter called ?City ,i; WITNESSETH: 1. The Developer will install, by contract or otherwise, a 16" water line and necessary appurtenances to serve the property escii,e on the attached map in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said facilities shall be located as shown on the attached map which is made a part hereof for all intents and purposes. 2. The City's share of the estimated cost of said facilities is 347,880.00 (41560 L.F. X 132.00 . 21.50. Upon completion of constr- ucti~n an acceptance D-t the City o said facilities, the actual cost of the City's participation in said facilities shall be determined and certified to by the Director of Utilities, and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. 3. The City shall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said facilities is 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, loss or liability ' of any kind whatsoever, 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, inviteeto contractors or other persons with regard to the performance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. WATER LINE OVERSIZE PARTICIPATION AGREEMENT/HOLIGAN DEVELOPMENT, INC./PACE l 1 10 WITNESS WHEREOF, this instrument is executed in triplicate origirals this day of , 198_,. HOLIGAN DEVELOPMENT, INC. BY: H. T. SANDEKbt MANAGFK CITY OF DENTON, TEXAS BY. RICHARD 0. ,-TRTUK- ATTEST: CKARLOTTE AL ENO CITY SECRETARY CITY OF DENT(N, TEXAS APPROVED AS T) LEGAL FORM: JOE D. MORRIS ACTING CITY ATTORNEY CITY OF DENTOI, TEXAS BY: WATER LINE OVFtSIZE PARTICIPATION AGREEMENT/HOLIGAN DEVELOPMENT, INC./PAGE 2 WATER LINE PRO RATA AGREEMENT THE STAS'E OF TEXAS b KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT THIS AGREEMENT is made this day of , 198 by and between the City of Denton, a Municipal Corporation of 7-he County of Denton and the State of Texas, hereinafter referred to as "City" and Holigan Development, Inc. (formerly Champion Mobile Home Park), hereinafter referred to as "Owner". WITNESSETH: W;IERFAS, Owner will install a water line from an existing B" water line 3,180 feet to Owner's development on the north bide of McKinney Street ("I No. 426). WHEREAS, in order to serve this development with water services, Owner will be required to pay the cost of 3,180 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 Ordi- nances of the City of Denton, Texas; and WHEREAS, the Owner desires to receive reimbursement for such cost under the provisions of said Denton Developuent Code of the City of Denton, Texas; NOW THEREFOAF, in cousideratiun of the premises and the iutual covenants and agreements hereinafter provided, the parties hereto agree as follows: I. That for and in consideration of the construction of such water line extension for the benefit of Owner and the city, t:ie City agrees to reiuburse Owner not to exceed his oust of construction only of such main extension the sues of8 37O.OG 3 180' offsite X $21.50 er foot for 8" size line) unue' PiE`i prov s Ions in o£Tect on the ate o this Agreement of the Denton Developuent Code of the City of Dentnn, Texas, as heretofore amended with the following limitations: A. Reimbursement costs will be verified by the Director of Utilities or his desiSnee based on actual costs of offsir water line construction as presented by the Owners. B. After the expiration of twenty (20) years from this date of the completion of the water line extension, which will- be completed about , 198_, no further reimbursement shall be made to owner. C. The reimbursement shall not apply to main extensions constructed by the City of Denton or under its directions from any main construction under the terms of this Agreement. D. Reimbursement payments shall be ma6e to the Owner or their assigns if written, and to no other person(s). WATER LINE PRO RATA AGREEMENT/HOLIGAN DEVELOPMENT, 114C./PAGE 1 E. The rel~,bursement aforesaid shall be payable only froze funds received by the City pursuant to said Denton Development Code. F. There shall be a maximum of twenty (20) years as the period of eligibility wherein the original installer of the water line may request reimbursement of pro rate payments under this Agree- aent. The period of eligibility shall begin as the date of final inspection and acceptance of the extension by the City. G. All pro rata fees incurred under the provisions of the Denton Development Code shall be paid directly to the City i:id the City shall transfer naounts due to owner within thirty (30) days of receipt. if. That for and in consideration of the Agreements to be performed by the City as aforesaid, Owner hereby transfers to the k.ity all of its rights, title and interest in and to the water line exten- sion described above, and any Lnd all easements and right of way agreements secured by theta for the purpose of locating said water line extensions. WITNESSETH the hands of the Parties hereto on lire day end year first above written. HOLIGAN DEVELOPMENT, INC. BY: It. 1. SANDF.16, SR., XX7_A0TF_, CITY OF DENTONO TEXAS BY: RT TA _ f",4XT~ : Tom' T~ ATTEST: ClWkLOTTE ALLEN, CITY SLCRETM CITY Of UENTON, 'TEXAS APPROVED AS TO LEGAL FORMS: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS WATER LINE PRO RATA AGREEMENT/HOLIGAN DZVELOPMENT, INC./PACE 2 • • 't lose ~1 11 .13.:. . • + r,/ 1100 1{I'--~, 5rrn~ SCAIit 112801 , . ~ . ~ ,y, • 1 M 0.0 OVA ' • is '.>a. 1 00 i 1 V -J / • w . + ~X,I~g1 .Z r is Nov 30 19 84 H0119an D"lopm0nt Inc. November 30, 1984 11x1 'O Mr. Bob Nelson Director of Utilities City of Denton Municipal Building Denton, Texas 76201 Bob: With this letter I am requesting that you place Holigan Development, Inc. and McDonnsl Enterprises on the agenda of the December 12 Utility Board meeting. At which time we will be requesting the Board to recommend with approval to the City Council the participation in oversize costs for water main and sewer main extension into our project known as Champion Mobile Home Park for which Oreliminary plat approval has been obtained. In the way of background information in this matter I can tell you that Harold Holigan, R. 0. McDonald and I, have discussed these extensions with David Ham of your department. David informed me that since Champion Mobile Home Park is • inside the City limits and since the route of the sewer and water lines would be on and through Mr. McDonald's property it would be his recomm !4 ation that these properties be served and that the City participate in oversizing costs incurred in the extension of the mains. Sincerely, HOLICAN D ELOPMENT, INC. H. T. Sanders Senior Manager MCDONNEL ENTERPRISES 'o -msop!g R. 0. MCDonnal jw • 2720 M*Mft ons keewoy, Suite 203, South Tower, DWos, Texas 76201, (214) 631.4931 _ I Public Utility Board Minutes December 12, 1984 Page four Item 10: CONSIDER OVERSIZE AGREEMENT WITH NORTH TEXAS INDUSTRIAL DISTRICT FOR 18' SEWER LINE ALONG DRAINAGE EASEMENT ON EAST SIDE OF THEIR PROPERTY FROM THE SOUTHEAST CORNER OF THEIR PROPERTY TO THE PECAN CREEK INTERCEPTOR Ms. Boy- made a motion to recommend the above mentioned oversize agreement for an 184 sewer line up from a 10" sewer line to the City Council for passage. Mr. Thompson seconded the motion. Five ayes, no naves, motion carried. Item 11: CONSIDER PROPOSED PRO-RATA AND OVERSIZED AGREEMENT WITH WINDSOR WEST ADDITION FOR A NEW 14" WATER LINE FROM UNIVERSI,PY DRIVE ALONG BONNIE BRAE AND ALONG PAYNE DRIVE APPROXIMATELY 5,200 FEET. Mr. Coomes made a motion to recommend the pro-rata and oversize agreements (for a 14' water line up from a 10' water line and 3,105 LF and a 12" up from a 10" for 2,095 LF) to the Council for adoption. Ms. Boyd seconded the notion. All ayes, no nayes, motion carried. Item 12: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT WITH WINDSOR WEST ADDITION FOR A NEW 18' SANITARY SEWER LINE FROM GREENBRIAR AND HINKLE STREETS SOUTH ON HINK.LE STREET APROXIMATELY 2,600 FEET TO AN EXISITING 15' 12" SANITARY SEWER AT THE PROXIMI'PY OF THE DENTON HIGH SCHOOL, INCLUDING A BORE UNDER HWY 380. Mr. Coomes made a motion to recommend the proposed oversize agreement with Ridgeway Plaza Joint Venture for an 18" oversize up from a 10" sewer line. Ms. Boyd seconded the motion. All ayes, no nayes, motion carried. Item 13: CONSIDER PROPOSED OVERSIZE AGREEMENT WITH RIDGEWAY PLAZA JOINT VENTURE FOR A NEW WAFER LINE ON LILLIAN B. MILLER FREEWAY ALONG THE FRONTAGE OF THEIR PROPERTY. Mr. Thompson made a motion to recommend the proposed pro-rata and oversize agreement with Ridgeway Plata Joint Ventures for 27" water line up from an 84 water line to the City Council. Ms. Boyd seconded the motion. Five ayes, no nayes, motion carried. Item 14: CONSIDER PRO-RATA 'AND RECONSIDER OVERSIZE AGREEMENT WITH THE MEADOWS ADDITION (FORMERLY CHAMPION MOBILE HOME PARK) FOR NEW WATER LINE R M E INTERSECTION M L ROAD AND MCKINNEY STREET EAST ALONG MCKINNEY STREET' TO THE EAST BOUND R OF THE DEVELOPMENT APPROXIMATELY 4;560 FEET. Mr. Thompson iiade a motion to recommend the proposed pro-rata and oversize agreement with the Meadows Addition for a 164 oversized water line over an 8' water line to the City Council. Ms. Boyd seconded the motion, Five ayes, no nayes, motion carried. January 8, 1985 TO: MAYOR & MEMBERS OF THE CITY COUNCIL r FROM: G. Chris Hartung, City Managers SUBJECT: Consider proposed Pro Rate and Oversize Agreement with the Meadows Addition to l McKinney Street approximately 5,420 feet. line from the Pecan Creek Interceptor Mobile RECOMMENDATION: The Public Utilities Board, at their meeting of December 12, 1984, recommended to the Council approval of this oversizing and pro rate agreement due to loading imposed by this and other development requirements in this area in the near future. SUMMARY: The Meadows Addition (previously Champion Mobile Home Park) is considering development of a mobile home park on East McKinney Street (FM 426). A study indicates a 12" sanitary sewerline will be required to supply the demand for this and other developments In the near future. The Meadows Addition Is totally within the city limits. FISCAL IMPACT: Costs are estimated as follows- I otal cost of this project to serve development, $124,6b0 (5420 LF of 12" SL @ $23.00/1-0 Cost of this project to serve Meadows Add. $113,820 (5420 LF of 10" SL @ $2 i.00/LF) Cost of this project to the City of Denton, (dif f. between U" do 10" SL ($23-$21)x 5420 LF $10o840 Source of funds: Sewer Bond Funds 624-008-0471-9113 Respectfully submitted: /20 . G. 1 City Manager Prepared by: C. David Ham Asst. Director of Utilities, Vltr/WW Divisions APPROVED- R. E. Nelson, P.E. Director of Utilities EXHIBIT I Location map of Sewer Line 11 Sewer Line Oversize Agreement III Sewer Line Pro Rate Agreement 1V Letter of Request from Owner V Urdinance VI Minutes of PUB Meeting of 12/12/64 34080:21 0961E SEWER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS 4 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I THAT WHEREAS, Holigan Development, Inc., 2720 Stemmons Freeway, Suite 203, South Toner, Dallas, Texas 75207 or its assigns, is the Developer of certain property shown on the attached map, which odp is incorporated herein as if set forth in full, in the City of Denton, Denton Ccunty, Texas, and further described as north side of McKinney Street and Developer desires to serve such property with approximately 5420 feet of on-site and off-site sewer line facilities; and WHEREAS, the City of Denton desires that such on and off-site sewer facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provisions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this day of , 198 , by and between Holigan Development, nI c:, or its assigns, her~nefter called ,JDevelop „ er , and the City of Denton, Texas s Home Rule Municipal Corporation of the State of Texas hereinafter called "City"; WITNESSETH: 1. The Developer will install, by contract or otherwise, an 12" sewer line are necessary appurtenances to serve the property escr a on t e attar a map in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said facilities shall be located as shown on the attached map which is made a part hereof and incorporated herein by reference. 2. The City's share, of the estimated cost of said facilities is $10,840.00 •5,420 LF X ($23.00 - X21_.00). Upon completion of construction an acceptance by the City o said facilities, the actual cost of the City's participation in said facilities shall be determined and certified to by the Director of Utilities, and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. 3. The City shall pay for its snare of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said facilities is hereby and shall at all times be vested in the City. S. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever, by reason of 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 persons with regard to the performance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. SEWER LINE OVERSIZE PARTICIPATION AGREEMENT/HOLIGAN DEVELOPMENT, INC./PAGE 1 IN WITNESS WHEREOF, this instrument is executed in triplicate originals this rday of 198_ HOLICAN DEVELOPMENT, INC. BY: H. T. RDERS, SK, MANAGER CITY OF DENTON, TEXAS BY: RICHARD .S ATTEST: CHARLOTTE ALLENs CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TWS BY: %A ki. -M I SEWER LINE OVERSIZE PARTICIPATION ACRE EMENT/HOLICAN DEVELOPMENT, INC./PAGE 2 SEWER LINE PRO RATA AGREEMENT THE STATE OF TEXAS 4 KNOW ALL MEN BY TfiESE PRESENTS: COUNTY OF DENTON Q THAT THIS AGREEMENT is made this day of , 19 by and between the City of Denton, a Munic pa (Or6oraLicR of the County of Denton and the State of Texas, hereinafter referred to as "City" and Holigan Development, Inc., hereinafter referred to as "Owner". WITNESSETH: WHEREAS, owner will install a sewer line from the existing 33" sewer outfall southwest of development, northeast to corner of development on east McKinney Street approximately 3200 feet; and WHEREAS, in order to serve this development with sewer services, Owner will be required to pay the cost of 3,200 feet of sewer line and will extend such sewer line as described above pursuant to the provisions in effect on the date of this Agreement of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the Owner desires to receive reimbursement for such cost under the provisions of said Denton Development Code of the City of Denton, Texas; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter provided, the parties hereto agree as follows: I. That for and in consideration of the construction of such sewer line extension for the benefit of Owner and the City, tiie City agrees to reimburse Owner not to exceed his cost of construction only of such main extension the bun of $67 200.00 (3,200' offsfte X $21.90 per_Eoot for IV site line under ue provisions in effect on t tie me of ui s hreeaent o tine Denton Development Code of the City of Denton, Texas, as heretofore amended with the following limitations: A. Reimbursement coats will be verified by the Director of Utilities or his designee based on actual costs of offsite sewer line construction as presented by the Owners. B. After the expiration of twenty (20) years from this date of the completion of the sewer line extension, which will be completed about , 19,0 no further reimbursement shall be made to Owner, C. The reimbursement shall not apply to main extensions constructed by the City of Denton or under its directions from any main construction under the terms of this Agreement. D. Reimbursement payments shell be made to the Owner or their assigns if written, and to no other person(s). SEWER LINE PRO itATA AGREEMENT/HOLIGAN DEVELOPMENT, INC./PACE 1 E. The reimbursement aforesaid shall be payable onlyy from funds received by the City pursuant to said Denton Development Code. F. There shall be a maximum of twenty (20) years as the period of eligibility wherein the original installer of the sewer line may request reimbursement of pro 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. G. All pro rata fees incurred under the provisions of the Denton Development Code 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 Agreements to be performed by the City as aforesaid, Owner hereby transfers to the City all of its rights, title and interest in and to the sewer line extension described above, and any and all easements and right of way agreements secured by them for the purpose of locating said sewer line extensions. WITNESSETH the hands of the Parties hereto on the day and year first above written. HOLIGAN DEVELOPMENT, INC. BY: H. T. 5, . MANAGER CITY OF DENTON, TEXAS by: RICRAF,D . S =T i l97ATTEST: CHARLOTTE ALLENO CITY SECRUARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOR11: JOE. D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTOIt, TEXAS BY: SEWER LINE PRO RATA AGREEMENT/HOLIGAN DEVELOPMENT, INC./PAGE 2 w t . `wn•w•~.►rM.w...... In. U, y `_•~F. 'may K ~•Y' • I ~ fir a' Ire , I SQIiI I-tZ801' , . f • / I ~N H.M N.• r .oil ' ' r NN v7C+ i Of PROP 49 (1 RAM4 • / 1"1.1 ' f i ; "IN j Is, :••+WI •1•g111I!f •'►rw•.•.+...l. 1.•~,r~rr••rw. •+w•r••!.. • JOAO ~I j.' 1- if ♦ Nt►~y A 1 1~ i Vold • ♦ r . 111 , ` do qr or. - L :1 MEMO 11 NOV 3 0 !9 94 • HOilgan Dwwlopmont Inc, November 30, 1984 ,-,ano Mr. Bob Nelson Director of Utilitiei City of Denton Municipal Building Denton, Texas 7620' Bob: With this letter I am requesting that you place Holigan Development, Inc. and McDonnel Enterpris,s on the agenda of the December 12 Utility Board meeting. At which time we wlll be requesting the Board to recommend with approval to the City Council the participation in oversize costs for water main and cewer main extension into our project known as Champion Mobile Home Park for ►ihich preliminary plat approval hu been obtained. In the way of be.kground information in this matter I can tell you that Harold Holigan, R. 0. Y Donald and 1, have discussed these extensions with David Ham of your departmo.nt. David informed me that since Champion Mobile Home Park is inside the City limits and since the route of the sewer and water lines would . be on and throsgh Mr, McDonald's property it would be his-recommendation that these properties be served and that the City participate in oversizing costa incurred in tbi extension of the mains, Sincerely, HOLIGAN D V T~, INC. H. T. Sanders Senior Hanr ger MCDONNEL ENTERPRISES -or . q ~ 1 W+11 R. 0, M .Donnel jw 2720 Stsrnmont Freeway, Sulte 203, South Tower, Dallas, Texas 75207, (21 'Mym- Public Utility Hoard Minutes December 12, 1984 Page five Item 15: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT WITH THE MEADOWS ADDITION (PREVIOUSLY CHAMPION MOBILE HOME PARK) FOR A NEW 12" SANITARY SEWER LINE FROM 'rHE PECAN CREEK INTERCEPTOR TO MCKINNEY STREET APPROXIMATELY _5,,420 FEET. Mr. Coomes made a motion to recommend the proposed pro-rata and oversize agreement for a 16" water line up from an 8" water line with the meadows Addition for approval by the City Council. All ayes, no nayes, motion carried. Item 16: CONSIDER THE PROPOSED OVERSIZE AGREEMENT WITH AMERICAN STORES PROPERTIES, INC. FOR A 16" WATER LINE ON EAST Hwy 380 ALONG THE FRONTAGE OF THEIR PROPERTY. Ms. Boyd made a motion to recommend the proposed oversize agreement for a 16" water line up from an 8" water line with American Stores Properties, Inc, to the City Council for approval. Seconded by Mr. Thompson. All ayes, no nayes, motion carried. Item 17: CONSIDER THE PROPOSED SEWER LINE OVERSIZE PARTICIPATION AGREEMENT WITH SANDY HILL ADDITION FCA 18" SEWER LINE FROM FISHTRAP ROAD TO COOPER CREEK LIFT STATION. Mr. Herring made a motion to recommend the proposed sewer line oversize agreement for an la" sewer line up from an 10" sewer line with Sandy Hill Addition to the City Council for approval. Mr. Pnompson seconded the motion. Five ayes, no nayes, motion carried. Item la: CONSIDER THE PROPOSED PRO-RATA AGREEMENT WITH SANDY HILL ADDITION FOR A NEW i " SEWER LINE FROM FISHTRAP ROAD TO COOPER CREEK LIFT SPATION. Mr. Coomes made a motion to recommend the proposed pro-rata agreement with Sandy dill Addition for a 10" sewer line for approval. Mr. Tnompson seconded the motion. Five ayes, no nayei, motion carried. Item 19: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT WITH SANDY HILL ADDITION FOR A NEW 140 WATER LINE FROM GEESLING ROAD AND HWY. TO FIsHTRAP ROAD. Mr, Herring made a motion to recommend the proposed pro-rata for an 8" water line and oversize agreements for a 14" water line up from an 8" water line with Sandy Hill Addition for water line, Mr. Thompson seconded the motion. All ayes, no nayes, motion carried. 4 January 8, 1985 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: G. Chris Hartung, City Manager SUBJECT: Consider proposed oversize agreement with American Stores Properties, Inc. for a 16" water line on East Hwy 380 along the frontage of their property. RECOMMENDATION: The Public Utilities Board, at their meeting of December 12, 1984, recommended to the City Council approval of this agreement due to loading imposed by this and other development requirements in this area in the near future. SUMMARY: American Stores is considering the development of an office and warehouse facility on the North side of East Hwy 380 and Vest of Geesling Lane. The developer has been advised that a water line of 10" diameter needs to be extended across the property frontage on Hwy 380 and the City may participate In an oversize agreement to 16" for future development. Several other developments are already being planned east and north of this development. FISCAL IMPACT: Total cost of this project to serve development, (2050 LF @ $32.00/LF) = $65,600.00 Cost of this project to American Stores Properties, Inc., (2050 LF @ $23.50 LF) _ $48,175.00 Cost of this project to the City of Uenton, (2050 LF @ $8.501LF) 417,425.00 Source of Funds-Bond Funds Account Code 623-008-0461-9138 Respectfully submitted: • or do's. Chr s artun City Manager 3408U:7 Prepared by: C. David Ham Asst. Director of Wtr/WW Utilities APPROVED . R. E. Naison, P.E. Director of Utilities Exhibit 1 Location map of water line lI Oversize of water line agreement III Letters from and to American Stores Properties, Inc. 1V Ordinance V Minutes PUB Meeting of 12/12/84 3388U:8 1 i WATER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I THAT WHEREAS, American Stores Properties, Inc., is the Deve- loper of terrain 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 the North side of Hwy 380 West of and to Geesling Read, and Developer desires to serve such property with approximately 2050 feet of on and offsite water line facilities; and, WHEREAS, the City of Denton desires that such water facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provisions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; NON, THEREFORE, THIS AGREEMENT, made this day of , 198 , by and between American Stores Properties, Inc.,-Treinn- after celled "Developer", and the City of Denton, Texas, A Home Rule municipal Corporation of the State of Texas, hereinafter called "City'; WITNESSETH: 1. The Developer will install, by contract or otherwise, a 16" water line and necessary appurtenances to serve the property described on the attached map in actor ante with all City of Denton ordinances, rules, regulations, policies and procedures. Tile said facilities shall be located ss shown on the attached map which is made a part hereof and incorporated herein by reference. 2. The City's share of the estimated cost of said facilities is $17,425.00 u 2050 ft X (532.00 - 123.504. Upon completion of construct on an acceptance by the City f said facilities, the actual cost of the City's participation in said facilities shall be determined and certified to by the Director of Utilities, and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. 3. The City shall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong-doing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. WATER LINE OVERSIZE PARTICIPATION AGREEMENT/AMERICAN STORES PROPERTIES, INC./PACE 1 IN WITNESS WHEREOF, this instrument is executed in triplicate originals this day of , 198_ AMERICAN STORES PROPERTIES, INC. BY: H. N. DUSENBERRY VICE-PRESIDENT CITY OF DENTON, TEXAS BY: RICHARD 0, STEWART$ MAYOR ATTEST: CHARLOTTE ALLEN CITY SECRETM CITY OF DENTON,pTEXAS APPROVED AS TO LEGAL FOVI: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: un 1 WATER LINE OVERSIZE PARTICIPATION ACRE EMENT/AMERICAN STORES PROPER7.:'3, INC./PACE 2 f ~ -•i: ' fig. • s Z a~ ~ ~,a. /is r • . ~ -FYI ~ 4. CITY OF DENTON V?llJTfs! ' ~ M E M O R A N D U M r~.rrwrrrrrrrrr.-rrrr~rrrrrrrrrrrrrrr r.-rrr rrrwrrrrwrrrrr rrrrrrrrrrrrwrrr T0i David Ellison, Senior Planner, Planning and Community Development FROMs David Ham, Asst. Director of Utilities DATEi November 27, 1984 4 R81 Proposed American Stores Distribution Center northeast corner of Cessling Rd. and Un 380, Denton, TX. Letter dated 11/19/84 to David Ellison. The following comments should be made to American Stores in answer to their letters Refer Paragraph (1). The light industrial district use for this particular development has been determined by the fire Marshall to be more conwrcial use 1500 qpm, than light industrial use 3000 gpm. For fire flow compliance with the city ordinance, commercial use needs 1500 gallons per minute from hydrants within 300 feet of each other to cover buildings in the development. Flow test in this area shows 1516 gallons per minute from a 10" water main nearby. Consequently, the 1011 water line which needs to be extended across one side of this development along HWY 380 would not be subject to oversizing. Definition of oversizing is that size over and above developers' required size to meet all ordinances and needs. Refer Paragraph (3). In order to confirm that the water and sanitary sewer lines can be allowed for a short distance in Texas state right-of-way, the American Stores Properties, Inc., engine4r, and Kash and Hammett, will submit preliminary an! final plats to the City engineer who will in turn make application to the Texas Dept. of Highway office in Dallas for final approval. The turn around time for approval can be lengthy. Again, there will be no oversizing of 10" water and 10" sanitary sewer lines since City ordinance requires a 10" water for fire flow and a minimum 10' size for sanitary sewer. Easements on your property for the 10" water and sanitary. sewer mains should be dedicated to the City on this final plat. Refer Paragraph (4). The portion of the site plan adjacent to HWY 380 which was in tha city limits in 1975 is single certified for electric service to the City of Denton. The remaindor of the site is in the dual certified area that may be served by either Texas Power and Light or the City of Denton. The city can furnish . a more relaible service with the two substation dual source capability and the travel time requirements for service and/or maintain personnel. Memo D. Ellison Am St-Dist CtrA" In summary: 1. Developer needs to construct and fund 10" water line and a 10" sanitary sewer line along private easement parallel to M 380. Short portions may be on Texas State Right-of-Way if they approve. 2. The City will not enter into oversiaing of water and sewer lines. 3. Fire flow is sufficient for coam►ercial use which is predominant with this development. 4. Denton !Municipal Electric will be most happy to serve this development area. e Attachments: Utter from H.N Dusenberry, V.P., Real Estate American Stores Properties, Inc. cos Bob Nelson Bill Nash, Hammett and Hash • CDH/ch Mom D.Ellison Am St Dist Ctr/HAlM • November 19, 1984 Mr. David Ellison. Sr. Planner City of Denton 2I5 E. McKinacr St. Denton, TX 76;N- RE: Proposed Amer.-In Stores Distribution Center Northwest Corns of Cessling Road i Hwy. 380 Denton, TX Dear Mr. Ellison. Enclosed are two pt;nts of our Distribution Center site plan dated 10-8-84, revissd 11-15-84. We understand that before we can build anything here. it will be 1 necessary to complete engineering drawings for review and / approval by the City prior to obtaining a building permit; however, we would like to receive a letter from the City confirm- ing the following: (1) The property is zoned LI (Light Industrial Dis- trict) and city ordinances allow dmvelopment as we have shown on the site plan. (2) We understand that city ordinances require the property owner to make certain improvements on adjacent streets, to this case, that is Gessling Road and the portion of Mingo Road between Gessling Road sad the railroad acks, As shown on the site plan, we expect to make Geseling Road wider than city Ordinance requires. Please confirm our earlier discussions where it was indicated the City would not require u> to do any work on Mingo Road provided the extra work we put into Gessling Road improvements equal or was more than what would normally be required on Mingo load. (3) Water and sever utilities can be brought to the southwest corner rf our property within existing • Hwy. 380 right-ofway so that no aeuunta are ) needed from private parties to the rest of our property. "00lMl0uME04»! ~lS~iSU~'! DOirtiCM,aDSO~i •!e~!'S01'r*E~t►r7.f !v, tk'}Y Page 2 TOt David EllLson RE: Proposed American Stores Distribution Center Northwest Corner of Goggling Road and Hwy, 380 Denton, TX Please confirm that existing agreements between the State and the City allow this work in the State Highway Right-Of-Way, The cost of chat work is to be borne by Aswrican Stores; however, the City will pay for any oversising of utilities required by the City in order to accommodate future development of other properties. (4) Electricity for this property can be served Texas Power and Light or the City's municipal system. (S) The 16 inch drainage easement shown on the site plan should be disregarded. Actual drainage @amount requirements will be determl.ned later when final design drawings have been prepared. Pursuant to conversations between American Stores . Properties' attorney Greg Spencer and City Attor- ney Bob Hunter, the easement to be granted the J City will be created by an easement document rather than the final plat. Should you have any questions, please give me a call. We are getting close to the time when we must commit to acquire or pass on this property, so your early attention to this will be greatly appreciated. Sincerely, AMERICAN STORES PROPERTIES, INC. H N. Duaeaberry Vce President, Aeal state i HND/kr Public Utility Board Minutes December 12, 1984 Page five I Item 15: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT WITH THE MEADOWS ADDITION (PREVIOUSLY CHAMPION MOBILE H014E PARK) FOR A NEW 12" SANITARY SEDER LINE FROM THE PECAN CREEK INTERCEPTOR 'TO MCKINNEY S'TREE'T APPROXIMATELY 5, 2 FEET_ Mr. Coomes made a motion to recommend the proposed pro-rata and oversize agreement for a 16" water line up from an 8" water line with the ;Meadows Addition for approval by the City Council. All ayes, no nayes, motion carried. Item 16: CONSIDER riis PROPOSED OVE:IS1'LE AGREEMENT WITH AMERICAN s'TUREs PROPERTIES, INC. FOR A 16" 4ATER LINE Ott EAST HWY 380 ALONG THE FRONTAGE OF THEIR PROPERTY. Ms. Boyd ~aade a motion to recommend the proposed oversize agreement for a 16" water line up from an d" water line with American Stores Properties, Inc. to the City Council for approval. Seconded by Mr. Thompson. All ayes, no nayes, motion carried. r L Item 17: CONSIDER THE PROPOSED SEWER LINE OVERSIZE PAR'TICIPATIjN AGREF;4ENC AITH SANDY HILL ADDITION FOR 8" SEWER [INE F ;OM FISHTRAP ROAD 'TO COOPER CREEK LIFT STATION. Mr. Herring made a motion to recommend the proposed sewer line oversiza agreement for an Id" sewer line up f.om an i0" sewer line with Sandy Hill Addition to the City Council for approval. Mr. Tnompson seconded the motion. Five ayes, no nayes, motion carried. Item 13: CONSIDER THE PROPOSED PRU-RATA AGREEA&:Ar WITH SANDY HILL ADDITION FOR A NEW B SEWER LINE FROM FISHTRAP ROAD TO COOPER CREEK LIFT STATION. tor. Cooaas oade a motion to recoinnend the proposed pro-rata agreement with Sandy dill Addit.on for a 1U" sewer line for approval. Mr. Tnompsor seconded the motion. Five ayes, no nayes, motion carri:d. Item 19: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT ',dITH SANDY :TILL ADDITION FOR A NEW 140 WATER LINE FROM GEESLING ROAD AND HWY. 38 TO FISHTRAP ROAD. Mr. Herring made a motion to recommend the proposed pro-rata for an d" water line and rversize agreements for a 14" water line up from an 8" water line with Sandy Hill Addition for water line. Mr. Thompson seconded the motion. All ayes, no nayes, motion carried. 71 January 8, (985 TO: MAYOR do MEMBERS OF TFE CITY COUNCIL FROM. G. Chris Hartung, City Manager SUBJECT: Consider oversize agreement with North Texas Industrial District for 18" sewer line along drainage easement on east side of property from the south east r-orner of this property north to the Pecan Creek interceptor. RECOMME-NDATION; The Public Utilities Board at their meeting of December 12, 1984 recommended approval of said sanitary sewer line due to the necessity of providing service to this development and other developments In this area and to relieve an overloaded sewer line on Woodrow Lane. SUMMARY: Mr. Tom Fouts, Developer, is considering the development of a commerical park zoned for light industrial on the east side of Woodrow Lane at Morse Street. This sanitary sewer line is necessary to carry the loading Imposed by this and other new developments in this area. This sewer line is incorporated into the FY 84-85 Capital Improvements to relieve a presently overloaded Woodrow Lane sewer line. FISCAL IMPACT: Total cost of this project to serve development, (1060 LF g $35.00/LF) $37,100.00 Cost of this project to North Texas Industrial Park, (1060LF li $21.00LF) _ $229260.00 Cust of this project to the City of Denton, (1060 LF 4 $14.00/L F) _ $140840.00 Source of Funds: Bond Funds Account # 623-008-0471-9138. Respectfully submitted: G. C,hrls I ar un rT City Manager Prepared by: David Ham Asst. Dir. of Utilities, Wtr/WtiY Utilities APPROVE R. E. Nelson, P.E. Director of Utilities Exhibit I Sewer line location map Exhibit Il Sewer line oversize agreement Exhibit III Ordinance Exhibit 1V PUB Minutes--12/12/84 0527j SEWER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF T£XAS KNOW ALL HEN BY THESE PRESENTS: ca,iTY OF DENTON § THAT WHEREAS, Tom Fouts d/b/a Ton Fouts Realty, 700 Dallas Dr., Denton, Texas 76201 is the Developer of certain property shown on the attached map, which map is inccrporated herein is if set forth in full in the City of Denton, Denton County, rexas, and further descried as property on Woodrow Lane at Morse Street, and Developer desires to serve such property with ap,roxia:,tely 1060 feet of on and offsite sewer line facilities; and, WHEREAS, the City of Denton desires that such on and offsite sewer facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provisions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this day of 198 , by and between Tom Fouts Realty, Denton, exas, alFeee~naEter called "Developer", and the City of Denton, Texas, A Home Rule municipal Corporation of the State of Texas, hereinafter called "City"; WITNESSETH: 1. The Developer will install, by contract or otherwise, a 18" sewer line and necessary appurtenances to serve the property escr a on the atte~cTed- map in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said facilities shall be located as shown on the attached map which is made a part hereof and incorporated herein by reference. 2. The City's share of the estimated cost of said facilities is $14,840.00 - 1060 LF X Q35.00 - 521.00. Upon completion of construction an acceptance by the-LrCty o said facilities, the actual cost of the City's participation in said facilities shall be determined and certified to by the Director of Utilities, and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. 3. The City shall pay for its share of tiic facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and c-)nditiins that are mutually acceptable the parties. 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 damsges, loss or liability of env kind whatsoever, by reason of injury to property or third person occasioned by any act nr 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 Developer will, at its own cost and expense, defend and protect against any and a.'l such claims and demands. SEWER LINE OVERSIZE PARTICIPATION AGREEMENT/TOM FOUTS REALTY/PACE 1 IN WITNESS WHEREOF, this instrument is executed in triplicate originals this day of , 198. TOM FOUTS REALTY BY: TOM FOUTS CITY OF DENTON, TEXAS it BY: ATTEST: CHARLOTCE s CLTY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATIORNEY CITY OF DENTON, TEXAS BY. 1„ k~,~n•ti, SEWER LINE OVERSIZE PARTICIPATION AGREEMENT/TOM FOUTS REALTY/PACE 2 L E 1~ a owe ttlE ° I ;t J o 9 • I A • m rR ~ . • . I V I , .r ry `4 r I I ~ I r xNJ~4~t I f r, . . rr. 777 Pu6kicVUtility Board Minutes December 121 1984 Page four Item 10: CONSIDER OVERSIZE AGREEMENT WITH NORTH TEXAS INDUSTRIAL DISTRICT FOR 18' SEWER LINE ALONG DRAINAGE EASEMENT ON EAST SIDE OF THEIR PROPERTY FROM THE SOUTHEAST CORNER OF THEIR PROPERTY TO 'THE PECAN CREEK INTERCEPTC.R Ms. Boy' made a motion to recommend the above mentioned oversize agreement for an 18' sewer line up from a 10' sewer line to the City Council for passage. Mr. Thompson seconded the motion. Five ayes, no naves, motion carried. Item 11: CONSIDER PROPOSED PRO-RATA AND OVERSIZED AGREEMENT WITH WINDSOR WEST ADDITION FOR A NEW 14' WATER LINE FROM UNIVEySITY DRIVE ALONG BONNIE BRAE AND ALONG PAYSR DRIVE APPROXIMATELY 5,200 FEET. Mr. Coones made a motion to recommend the pro-rata and oversize agreements (for a 14' water line up from a 100 water line and 3,105 LF and a 124 up from a 10' for 2,095 LF) to the Council for adoption. Ms. Boyd seconded the motion. All ayes, no naves, motion carried. Item 12: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT WITH WINDSOR WEST ADDITION FOR A NEW 18' SANITARY SEWER LINE FROM GREENBRIAR AND HINKLE STREETS SOUTH ON HINKLE STREET APROXIMATELY 21600 FEET TO AN EXISI'PI_NG 150/120 SANITARY SEWER AT THE P'20XIMI'rY OF THE DENTON HIGH SCHOOL, INCLUDING A 30RE UNDER HWY 380. Mr. Coomes made a motion to recommend the proposed oversize agreement with Ridgeway Plaza Joint Venture for an 18' oversize up from a 10' sewer line. Ms. Boyd seconded the motion. All ayes, no naves, motion carried. Item 13: CONSIDER PROPOSED OVERSIZE AGREEMENT WITH RIDGEWAY PLAZA J01 N'T VENTURE FOR A NEO WATER LINE ON LILLIAN B. MILLER FREEWAY ALONG THE FRONTAGE OF THEIR PROPERTY. Mr. TnoirIpson nade a motion to recommend the proposed pro-rata and oversize agreement with Ridgeway Plaza Joint. Venture for 27' water line up from an 8' water line to the City Council. Ms. Boyd seconded the motion. Five ayes, no naves, motion carried. Item 14: CONSIDER PRO-RATA AND RECONSIDER OVERSIZE AGREEMENT WITH THE MEADOHS ADDITION (FORMERLY CHAMPION MOBILE HOME PARK) FOR A NEW lbw WATER LINE FROM Tq9 INTERSECTION OF MAY ILL ROAD AX) ACKINNEY STREET, cAST ALONG MCKINNiEY STREET TO THE EAST BOU145ARY OF THE DEJELOPMENT APPROXIMATELY , FEET. Mr. Thompson made a motion to recommend the proposed pro-rata and oversize agreement witn the Meadows Addition for a 16' oversized water line over an 8' water line to the City Council. Ms. Boyd seconded the motion. Five ayes, no naves, motion carried. January 8, 1985 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM-. G. Chris Hartung, City Manager l l O i SUBJECT- f ' I Consider proposed oversize agreement with Ridgeway Plaza Joint Venture for a New Water Line on Lillian B. Miller Freeway along the Frontage of Their Property. RECOMMENDATION: The Public Utilities Board, at their meeting of December 12, 1984, recommended to the City Council approval of said water line because of the necessity of providing water service for this and other developments now end in the near future in this area. SUMMARY. Ridgeway Plaza Joint Venture is considering the development of commercial facilities adjacent to 1-35E and Lillian B. Miller Freeway. The developers have been informed that the City of Denton requies a 27" diameter water line on Lillian B. Miller Freeway along the frontage of their property and wishes to participate in the costs of this line with an oversize agreement. The new water line is necessary to provide services to new developments in this area. FISCAL IMPACT: Total cost of this project (415 L F @ $57.50/F T) $129862.50 Cost to Ridgeway Plaza Jt. Venture {415 LF $21.5U1LF) $ 8 922.50 Cost to City of Denton (415 LF 4 $361LF) 14,940.00 Source of Funda: Acct 11623-008-0461-9138 Respectfully submitted: 020. G. i i • ig 9tito City Manager Prepared by: C. David Ham Asst-Director of Utilities Water wastewater Divisions APPROV D: Exhibit I-Location Map R. E. Nelson l[-Participation Agmt Director of Utilities III-Ordinance 3408Us34 * . a RATER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS § KNOW ALL HEN BY THESE PRESENTS: COUNTY OF DENTON § THAT WHEREAS, Gary G, Crupper d/b/a Crupper e Enterprises, nc-, 8235 Douglas, Suite 8160 Dallas, Texas, 752250 is the is incorpo- rated property shown on the attached map, whicn, map rated herein as if set forth in full, in the City of Denton, Denton County, Texas, and further described as property on the West side of 1-35E between Conway and Lillian B. Miller Freeway, water to serve andty with 415 feet of and offsite Developer and onsite desires ite WHEREAS, the City of Denton desires that such on and oinsthe ate water facilities be oversized and the City wilsuant to the pro- additional cost of the oversized facilities Appendix A to the Code of visions of the Denton Development Code, App Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT. made this day of , 148 , by and between Gary G. Crupper d~/b/s Zipper Enterer ses, Inc. Dallas, Texas, hereinafter called "Developer", and the City of Denton, Texas, A Home Rule municipal Corporation of the State of Texas, hereinafter called "City"; WITNESSETH: 1. The Developer will install, by contract or otherwise, a 27" water line and necessary appurtenances to serve the property escr a on t e attac a eaulacions, witahndall City procedures. Denton ordinances, rules, regulations, purposes~tached map all intents shown on the The as made facilities a part herof for locatd as which i 2. The City's share of the estimated coat of said facilities is 914t940.00 57.50 - $21.50L_1 415 L F saido facilities,n the the City ot construct on an acceptance in said facilities shall actual cost of the City's participation be determined and certified to by the City's of Utilities, and madtlie e a part hercost eof,of said iacikities his be certificate attached hereto setting and out 3. The City shall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said facilities is hereby and shall at all times be vested in the City. 5. The all damages,e ltoossindoremlnii and ility of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, negl steer wrin doing ees co Developer, hIts officers, e persons with regard to pthe per of contractors t, other Dthis contrac and eveloper sucits h claims oand and and protect against any and all at WATER LINE OVERSIZE PARTICIPATION AGREEMENT/RIDGEWAY PLAGA S01NT VENTURE/PAGE 1 IN WITNESS WHEREOF, this instrument is executed in triplicate uriginals this _day of , 198_ CRUPPER ENTERPRISES, INC. 8Y: GARY G. CRUPPER CITY OF DENTON, TEXAS BY: RICF[ARD 0. , r1WTR-- ATTEST: CRARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPIWVED AS TO LEGAL FORMI. JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~~~,f1A.M WATER L114L OVERSIZE PARTICIPATION AGREEMENT/RIDGEWAY PLAZA JOINT VENTURE/PAGE 2 ' iwuw* Y loath? le how w r a o ti a o e 'a e /o 1 o , r ® 1 i , e , r rY I ~ e f r r f ` 10 , r ~e f , ~r y t ~ r y^ 1 1 O ~ r r e r ~i t• r ~ 1 r 1 • • ~ j ~ r w 1 r ~ 1 1 ~ ~ r I l , / s I 1 1 TN/s 1 6 ♦ • r r 1 1y 1 1 S~ S r r r CITY OF DENTONo TEXAS ALrERNArE NO. 3 COMPUTER NXX MAP o maw .4= aw as sn won NOOAN • .MAGOPI, now mw *murv 46XHiQi :T` Public'tgtility Board Minutes December 12, 1984 Page four Item 19: CONSIDER OVERSIZE AGREEMENT WITH NORTH TEXAS INDUSTRIAL DISTRICT FOR 18" SEWER LINE ALONG DRAINAGE EASEMENT ON EAST SIDE OF THEIR PROPERTY FROM THE SOUTHEAST CORNER OF THEIR PROPERTY TO THE PECAN CREEK INTERCEPTOR Ms. Boy+ made a motion to recommend the above mentioned oversize agreement for an 18" sewer line up from a 10" sewer line to the City Council for passage. Mr. Thompson seconded the motion. Five ayes, no naves, motion carried. Item 11: CONSIDER PROPOSED PRO-RATA AND OVERSIZED AGREEMENT WITH WINDSOR WEST ADDITION FOR A NEW 14" WATER LINE FROM UiiIVERSI'TY DRIVE ALONG BONNIE BRAE AND ALONG PAYNE DRIVE APPROXIMATELY 5,200 FEET. Mr. Coomes made a motion to recommend the pro-rata and oversize agreements (for a 14" water line up from a 10" water line and 3,105 LF and a 12" up from a 10" for 2,095 LF) to the Council for adoption. Ms. Boyd seconded the motion. All ayes, no naves, motion carried. Item 12: CONSIDER PROPOSED PRO-RATA AND OVERSIZE AGREEMENT WITH WINDSOR WEST ADDITION FOR A NEW 18" SANITARY SEWER LINE FROM GREENBRIAR AND HINKLE STREETS SOUTH ON HINKLE STREET APROXIMATELY 2, 00 FEET TO AN EXISITING 154/120 SANITARY SEWER AT THE PROXIMITY OF THE DENTON HIGH SCHOOL INCLUDING A BORE UNDER HWY 380. j Mr. Coomes made a motion to recommend the proposed oversize agreement with Ridgeway Plaza Joint Venture for an 18" oversize up from a 10" sewer line. Ms. Boyd seconded the motion. All ayes, Rio nayes, motion carried. Item 13: CONSIDER PR020SED OVERSIZE AGREEMENT WITH RIDGEWAY PLAZA JOINT VENTURE FOR A NEW WATER LINE ON LILLIAN B. MILLER FREEWAY ALONG THE FRONTAGE OF THEIR PROPERTY. Mr. Thompson made a motion to recommend the proposed pro-rata and oversize agreement with Ridgeway Plaza Joint Venture for 27" water line up from an 8" water line tc the City Council. Ms. Boyd seconded the motion. Five ayes, no nayes, motion carried. Item 14: CONSIDER PRO-RATA AND RECONSIDER OVERSIZE AGREEMENT WITH THE MEADOWS ADDITION (FORMERLY CHAMPION MOBILE HOME PARK) FOR A NEW WATER LINE FROM THE INTERSECTIO14 OF MA ILL ROAD AND MCKINNEY STREET EAST ALONG MCKINNEY STREET TO THE EAST BOUNDARY OF THE DEVELOPMENT APPROXIMATELY , FEET. Mr. Thompson made a motion to recommend the proposed pro-rata and oversize agreement with the Meaduws Addition for a 16" oversized water. line over an 8" water line to the City Council. Ms. Boyd seconded the motion. Five ayes, no nayes, motion carried. January 8, 1985 TO: MAYOR do MEMBERS OF THE CITY COUNCIL FROM: G. Chris Hartung, City Manager SUBJECT: Consider Agreement for Participation do Associated Documents in State School Outfall Sewerline from Lillian B. Miller Parkway/Teasley to State School Road with Southridge Joint Venture. RECOMMENDATION- The Public Utilities Board: at their meeting of December 12, 1984, recommended approval of subject agreement and associated documents with Southridge Joint Venture. SUMMARY: At the October 29, 1984, Public Utilities Board meeting, the Board considered and approved a three-way contract between the City of Denton, Southridge Joint Venture and Dimension Development for an f outfall sewer line from Teaseley Lane to State School Road. After Board approval, attorneys for ail tkwce parties desired minor changes in wording an it was concluded that it would be best to have two separate agreements. Therefore, the subject agreement has been developed with Southridge J.)int Venture wherein they will make a payment of 343,272 which will constitute their full responsibility for subject line and allow them to tie to an existing line. FISCAL IMPACT: Total Cost of Line $3259350 Lost to City $1199295 Cost to Southridge $ 439272 Cost to Dimension $162,783 Source of Funds: Sewer Bond Funds Respectfully submitted: G. C h r i is ~nj City Manager 3408U:5 r Prepared by: C. David Ham Asst. Director of Wtr/WW Utilities APPROV O•, R. E. Nel3on, P.C. Director of Utilities EXHIBIT 1 Participation Agreement (draft) & Exhibits 11 Minutes of October 29, 1984 Public Utilities ©rd. Meeting 111 Minutes of PUB Mtg. of 12ilZ/84 IV Ordinance 3408U:6 SEWER LINE PARTICIPATION AND CONNECTION AGREEMENT THE STATE OF TEXAS g KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON Q WHEREAS, SOUTHRIDGE PLACE JOINT VENTURE, 1201 West Presidto, Suite 205, Fort Worth, Texas ("Southridge") is the currert owner of t%at certain property, shown on the attached map (Exhibit "A") and more fully described on attached (Exhibit "B") north of the intersection of Teasley Lane and Lillian Miller Parkway; and WHEREAS, Southridge desires to begin development of its property and to connect to an existing off-site City of Denton ("City") sanitary sewer line to serve the property; and WHEREAS, the City has determined that City's existing off-site sanitary line is not adequate to service Southridge's development and other development in the area; and WHEREAS, the City has determined that Southridge may connect to the existing off-site sanitary line to serve its development on the condition that it participate in the cost of providing additional sanitary sewer line facilities for the area; NOW, THEREFORE, Southridge and the City hereby enter into this Agreement in consideration of the mutual covenants and promises herein contained and agree as follcws: 1. Southridge agrees to pay to City Forty-Three Thousand Two Hundred Seventy-two Dollars ($43,272.00), as a condition to the City allowing Southridge to connect to the City's existing off- site sanitary sewer line, as shown in Exhibit "A" attached hereto, to servo Southridge's property described in Exhibit "B". The sum being paid by Southridge is agreed to be an amount equal to the cost to the City to provide additional sanitary sewer facilities to ad•,.ately serve the Southridge property. 2. The amount paid by Southridge shall be used by the City to fund the construction of sanitary sewer facilities and for no other purpose. SEWER LINE PARTICIPATION AND CONNECTION AGREEMENT/PACE l 3. Southridge shall be required to extend at its own expense all necessary sewer lines from its property to the City's existing off-site line of sufficient size to serve its property. 4. Upon payment of the specified sum, Southridge shall not be obligated to pay to the City any ad1itional sewer line impact fees to provide off-site sanitary sewer facilities to serve its property described in Exhibit "B". Executed this the day of 19 SCUTHRiDGE PLACE JOINT VENTURE BY: LARRY GENTRY MANAGING PARTNER ATTEST: SECRETARY CITY OF DENTON, TEXAS BY: RICHARD 0. , _KkM ATTEST: CHARLOTIL ALLEN CITY SE(;KrTARY CITY OF DENTON,jTEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: u~ t ~1~~1:•SEWER LINE PARTICIPATION AND CONNECTION AGREEMENT/PACE 2 {I + ` SEA a n ~ y 's•~ 1 ~ n - - 1 It ' I O 01 h1 J` PILL 1 ~ ~ II I •~/I,O ~ • • ; / 9p 0 CD II TI[0OM !0171ST. h•TD Uplvt To"t Pmr, EMPIT A TO 71f 70 Ml I T W MUMMY CARV OurO'Al r LEGAL DESCRIPTION Being that tract of land situated in the John McGowan Survey, Abstract 797, the M.E.P. i P.R.R. Co. Survey, Abstract 9509 S. F. Reynolds Survey, Abstract 1654, and the Cyprian Poullallar Survey, Abstract 1006, Denton County, Texas and being part of a (called) 181.92-acre tract and all of a (called) 1.561-acre tract in said Poullalier Survey as described In a deed from Patrick B. Gibbons, Substitute Trustee, to the Synod of Texas Presbyterian Foundation on January 4, 1971, recorded In Volume 819, Page 268, Dead Records of Denton County, Texas, and being that tract of land described In a deed from Shaul C. Baruch to Dimension Development Company, recorded In Volume 1284, Page 720, Dead Records of Denton County, Texas (DRDCT), and being more particularly described as follows: BEGINNING at a found 1/2-Inch Iron rod at a fence corner, said point being the northwest corner of said 181.92-acre tract and the southwest corner of a tract of land conveyed to American Savings Association as recorded in Volume 6680 Page 367, DROCT; THENCE North 89049'59" East, generally along a fence, 3,144.56 feet to a found 1/2-Inch Iron rod at a fence corner at the north northeast corner of said 181.92- acre tract and on the called east line of. the J. McGowan Survey; THENCE South 0046'11" East, along said survey line and'generaily along a fence, 306.11 feet to a found 112-11nch iron rod at a fence corner; THENCE North 89049'15" East, with the called north line of the H.E.P. t P.R.A. Co. Survey and generally along a fenca, 19013.43 feet to a found 1/2-inch Iron rod at the east northeast corner of said 181.92-sera tract,, and from said 1/2-inch Iron rod a fence corner bears south 2.0 feetl THENCE South 0020`14" West, generally along a fence, 1,589.12 feet to a found 1/2-in4-.h iron rod at the southeast corner of sold i81.92-acre tract, and from said ' 1/2-Inch iron rod a fence corner bears west 0.8 feed THEN CE North 88023'46" West, generally along a fence and passing the southwest corner of the S. F. Reynoldr, Survey, which is on the east line of the J. Fisher Survey, 3,561.38 feet to . point for corner ors the easterly right-of-way0 of F.M. Highway 2181, and from said corner a 1/2-inch iron rod bears North 88 24' West, 0.73 feet; THEM "E northwesterly along the easterly rlyht-of-way of F.M. Highway 2181, alb said right-of-way around a curve to the left having a central angle of 71 18"23", a radius of 761.620 feet, an arc length of 941.34 feet, and a chord bearing and distance of North 42'058'001 West, 887.37 feet to a point for corner at the southeast corner of a 5-acre tract In the J. Fisher Survey as described In a deed from Denton Estates N.W. to John J. Cassats and recorded lei Volume 10779 Page 606, 0 AD CT, and from said point a 1/2-inch Iron rod bears South 0 37' West, 0.57 feetl THCN CE North 0036'41" East, 1,134.51 feet passing the northeast corner of said 5- acre tract tothe POINT OF BEGINNING and containing 161.60 acres, More or less, SAVE ANG EXCEPT that 3.9S-scre tract of land conveyed to the City of Dentoo by Dimension Development Company In Instrument dated December, 19831 DRDCT. " ldNf..N ~!✓E~.pr~trrrf Le,, .TNC. '6 X04.- 8 LEGAL DESCRIPTION All that certain 136,365-acre tract, or parcel of land situated In the M.E.P, t P.R.R. Co. Survey, Abstract 950, Denton County, Texas; said tract being a part of a First tract shown by deed to Foxworth-Galbraith Lumber Company and recorded In Volume 474, Page 491 of the Deed Records of Denton County, Taxes and being more particularly described as followsi BE GI N NIN G, for the East corner of the tract being described herein at an iron pin found set in concrete in the southwest right-of-way of Interstate Highway 35 Fast, said corner being the most northern corner of tract of 1,570 acres as shown by deed to Joster's h.c, and recorded in Volume 511, Page 39, of Dead Records of Denton County, Texas; THENCE South 38023'25" Nest, along the northwest baa:dary line of the past m entionad 1, 570-acre Josten's inc. tract, 345.37 feet to c steel pin in concrete for the west corner of the above mentioned 1,570-acre tract, and being an Inner e1 corner on the Original Foxworth-Galbraith Lumber Company First Tract; .THENCE South 0203924" Vest, 2,391,49 feet to a large round fence corner post, for the southeast corner of the Foxworth-Galbraith Lumber Company First Tract, same being an inner el corner on the Denton State School tract; THENCE South 89oi5'02" Nest, along fenceline and the North Boundary Line of the above mentioned Denton State School Tract, 1,881.30 feet to a steel pin on the we* side of a corner post for the southwest corner of the Foxworth-Galbralth Lumbar Company First Tract, and being in the West Boundary Line of the M.E.P. 3 P.R.R. Company Survey, Abstract 9501 THENCE North 0026'59" East, with a fence a distance of 3,027.40 feet to an iron pin set In the ground at the southwest corner of a 15.137-acre tract; THENCE East with the southline of said 15.137-acre tract, a distance of 1,274.0 feet to an Iron pin set In the ground at the southeast corner of said 15.137- acre tract; THENCE North 40003' East, a distance of 309.61 feet to an Iron pin set In the ground in said southwest right-of-way of Intai state Highway 35 East and also being the east coc+ner of said 15,137-scre tracts THENCE South 49057' East, with said right-of-way a distance of 927,03 feet to the POINT OF BEGINNING. EX*IIJlT a- y S++fEf 4NE S U R V E Y O R S N 0 T E S First Tract: All that certain 66.4808 acre tract,jr parcel of land situated in the John McGowan Survey. i Abstract Nmber 797, Denton County, Texas; said tract being part of the tract described in ► deed from Southridge Association, Inc, to American Savings Association of Dallas as recorded W in Volume 668, page 376 of the Deed Records of Denton County, Texas; said tract being more fully described herein by meteR and bounds as follows: Beginning for the most northerly nortin,regt corner of the tract being described herein, an iron pin found at the northeast corker of Lot 19, Block 38 Southridge as recorded in Volume 9, page 33 of the Plat Records of Denton County, Texas; Thence the following calls along along a southline of aforementioned Block 38 Southridge - South 70 deltrees 14 minutes 56 seconds East 33.1 feet, an iron pin set, South 69 degrees 05 minutes East 108.38 feet, an iron pin set, South 70 degrees 45 minutes 50 seconds East 110.8 feet, a found iron pin, South 75 degrees 31 minutes 24 seconds East 116.61 feet, an iron pin set, South 83 degrees 27 minutes 04 seconds East 115,3 feet, an iron pin set, South 89 degrees 46 minutes 24 seconds East 142.4 feet, an iron pin set, North 84 degrees 14 minutes u6 seconds East 143.0 feet, an iron pin set, t North 69 degrees 25 minutes 36 seconds East 140.0 feet, an iron pin set, North 69 degrees 53 minutes 46 seconds East 140.2 feet an "X" in electric box, North 56 degrees 39 minutes 37 seconds East 126.8 feet, an iron pin found, North 56 degrees 30 minutes 12 seconds East 126.83 feet, an iron pin found, and North 45 degrees. 17 minutes 17 seconds East 193.04 feet to an iron pin found in the North- east line of Southridge Drive; Thence North 38 degrees 05 minutes 14 seconds West 312.88 feet with the northeast boundary line of Southridge Drive to the most south corneruf Lot 22, Block 4 of Southridge as shown by plat ' recorded in Volume 3, page 51 of the Plat Records if Denton County, Texas; j Thence the following calls with the occupied back of lot line of said Block 4 - North 50 degrees 18 minutes 40 seconds East 134,32 feet, a found iron pin, North 38 degrees 58 minutes 30 seconds East 227,2 feet, an iron pin set, • North 17 degrees 40 minutes 31 seconds Fast 89.27 feet, an iron pin set, North 27 degrees 16 minutes 50 seconds East 313,1 feet, an iron pin found and North 89 deprees 17 minutes 17 seconds Cast 302,24 feet, an iron pin set; Thence South 01 degrees 08 minutes 45 seconds East 445.08 feet to the southwest corner of Lot 8, Block 2, Erwin Sub-division; ThrnrP North 89 decrees 46 minutes 11 seconds East 309.89 feet with the soubhline of the Erwin ~hit1 WU "v& VU .,v uuO&VU4 wv ~auw~a . iu acs v,~u.i . J.. rr $ &1.166, au A&Vdl Nul DCL, oft North 17 degrees 40 minutes 31 seconds it 89.27 feet, an iron pin set, North 27 degrees 16 minutes 50 seconds cast 313.1 feet, an iron pin found and North 89 degrees 17 minutes 17 seconds East 302.24 feet, an iron pin set; Thence South 01 degrees 08 minutes 45 seconds East 445.08 feet to the southwest corner of Lot 8, Block 2. Erwin Sub-division; ou Skm &JE Thence North 89 degrees 46 minutes 11 seconds East 309.89 feet with the southline of the Erwin Subdivision to an iron pin at the northwest corner of a tract conveyed to the City o•." Denton, by deed of record In Volume 1340, page 223, in said deed records for northeast corner of this; Thence with the westline of said City of Denton tract with a curve to the left with a radius ;'of 753.62 feet, a central angle of 30 degrees 19 minutes 16 seconds, a tangent of 204.10 feet for a distance of 398.63 feet to an iron pin set at the end of said curve, and South 28 degree 49 minutes 03 seconds'West 1623.27 feet to the south line if said McGowan Survey; ,Thei.:e South 88 degrees 40 minutes 15 seconds West 1743.96 feet with the north line of a tract conveyed to Harmon by deed of record in Volume 467, page 143 in said Deed Records to the south- west corner of this and northwest corner of said Harmon tract, an iron pin set; Thence North 00 degrees 33 minutes 46 seconds West 418.24 feet to an iron pin at the northeast corner of the tract described in deed from Nichols to Heiser and Sullivan as recorded in Volume 635, page 60, in said deed records; Thence the following calls with a south mnd east line of Southridge as recorded in Volume 9, page 33, in the Plat Records of said County; North 88 degrees 36 minutes 10 Seconds East 47.2 feet, an iron pin set, North 01 degrees 22 minutes 20 seconds West 139.2 feet, an iron pin set, North 87 degrees 50 minutes 30 seconds East 12.2 feet, an iron pin set in the Southline of Lynhurst; North 12 degrees 44 minutes 20 seconds East 168.3 feet, an iron pin set, w ti North 25 degrees 06 minutes 103.7 feet an iron pin set, North 43 degrees 21 minutes 10 seconds East 128.0 feet, an iron pin set, North 33 degrees 15 minutes 40 seconds East 109.0 feet, an iron pin set in the southline of Hollyhill Drive; and with are of curve whose chord bears South 69 degrees 32 minutes 45 seconds Eastj56.64. feet to an iron pin in the southline of Hollyhill Drive at the end of s said curve, and North 24 degrees 01, minutes 20 seconds East 195.0 feet to the place of be- ginning. D Second Tract 1 All of that certain 48.9430 acre tract or parcel of land, a part of the John McGowan Survey Abstract Number 797, in the City and County of Denton, Texas, and being the East parr of that certain tract described in deed from Weitzman, Trustee to Denton Residential N.V. by deed of record in Volume 986, page 923, in the deed records of eaid'County, end Beginning at the southeast corner of the Denton Residential tract mentioned above, the south- east corner of said McGowan Survey, an iron pin found for southeast corner of this; (ISWfiT 7NkfJ Thence South 88 degrees 40 minutes 15 : Inds West 2162.14 feet to iron pin set a he south- fA► east corner of a tract conveyed to the u.ty of Denton by deed of record in Volume .340, page 223, in said deed records for southwest corner of this, an iron pin for corner; 't'hence with the eastline of said City tract North 28 degrees 49 minutes 03 seconds East 1576.1 feet to iron pin set at the beginning of a curve to the left, and with said curve, with a cen- l tral angl& of 30 degrees 19 minutes 16 seconds, a radius of 833.26 feet, a tangent of 225,18 ` feet, for an are distance of 440.96 feet to iron pin at the end of said curve, for northwest corner of this; l , Thence North 89 degrees 46 minutes 11 seconds Fast 184.93 feet to iron pin found for north northeast cornerof this at the northwest corner of tract conveyed to Burns of record in Volumt 455, page 647, in said deed records; , Thence South 02 degrees 04 minutes 25 seconds.East 158.1 feet to iron pin set at the southwest corner of said Burns tract; Thence North 88 degrees 41 minutes 55 seconds East 1043.2 feet to an iron pin found on the eastline of said McGowan Survey for east northeast corner of this; i Thence South 62 degrees 25 minutes 23 seconds East 1024.84 i-.et to the place of beginning. These surveyors notes, with map, were prepared from a survey actually made on the ground. h „OF,.,•F h ' 1 d '~1 K Thomas B. King, Teas Regi stored Public Surveyor No. 425 S?S ? . 4. April 10, 1984 SUAy~ Rev. 60- ZO . 4 ' Xt v. S • Jo • 8 ' i i ' i f l~u~s, row~~os s usoc; q0~'' qdo (Oki WOOT DOW . . nNIAM rrr,a ,.,.`r EXHIBIT C FISCAL SUMMARY (ESTIMATES) Developers' Share 1S" 1 $28.50 x 7230'■ $2069OSS Dimension Development Co. 4 Dimension-Unicorn Lake Assoc. LTD Share 1527 geR 79.01 $162,783 1932 spa Southridge Place Joint Venture Share 405 pm 21.01 $43,272 1932-gpm City's Share Difftrence for oversize between 1S" I $28.SO/ft and 21" 1 $45/ft $16.50/ft x 7230' $119,295 TOTAL ESTIMATED COST FOR 7230' x $4S/LF $32S,3SO 330311:4 LARRY GENTRY AND ASEATES REAL ESTATE INVESTMENTS P. O. BOX 9330 FORT WORTH, TEXAS 76107 P PHONE (617) 923.7004 October 17, 1984 EXFMIT D Mr. Bob Nelson Director of Utilities City of Denton 213 E. McKinney Denton, Texas Re: Public Utilities Board Agenda Item yc el Involving joint venture for con- struction of a 21" parallel sewer outfall line to serve Southridge East and the Dimension property. Dear Mr. Nelson: Please let this letter serve as our agreement to enter into a "Sewerline Oversize Participation Agreement" similar to the draft form attached hereto as Exhibit "A" wherein we agree to pay our fair share of a parallel outfall line to serve the subject area. We will escrow upon the city's request $43,272.00 against our participation per your discussions with our engineer, Greg Edwards, and the project cost estimates. It is our understanding that escrowing the participation money will allow us to obtain final platting on what we currently have before P do Z and will also allow us currently to attach our line to the existing State School Outfall line for service. I Dope this meets with your understanding. Please do not hesitate to call us if you have any problems. Yours very truly, Dan Freundlich, Partner, for and on behalf of Southridge Place Joint Venture DBF:dhm DRAFT SEVER LINE OVERSILS PARTICIPATION' G >lEMEW THE STATE OF TEXAS X WW~j, KNOW ALL MEN BY THESE ?RESENTS: U H COUNTY OF DENTON X THAT WHEREAS, DIMENSION DEVELOPMENT COMPANY, INC., 1700 Pacific Avenue, Suite 1500, Dallas, Tx 75201, Telephone No. (211) 922-OISS ("Dimension"), is the current owner of that certain property shown on the attached ■ap (Exhibit "A"), and more fully described on attached Exhibit 18-111, both of and east of the intersection of Teasley Lane and Lillian Miller Parkway; and WHEREAS, Dimension-Unicorn Lake Associates, Ltd., 1700 Pacific Avenue, Suite I500, Dallas, Texas 75201, Telephone Number (211) 922-OISS ("Dimension-Unicorn") Is the current owner of that certain property, shown on the attached ■ap (Exhibit "v) and more fully described on attached Exhibit 118-211, both of which exhibits are incorporated herein as if set forth in full, the City of Denton, Denton County, Texas, and further described as property contiguous with and east of that certain property owned by Dimension; and WHEREAS, Dimension, its Successors and/or Assigns and Dimension-Unlcotn, its Successors and/or Assigns, hereinafter jointly referred to as "Developers", do desire to serve the properties shown on Exhibit "A", and described on Exhibits "B-t" and „8-211, with approximately seven thousand two hundred thirty (7,270) feet of on and off-site sanitary sewer line facilities the ,Facilities") as shown on Exhibit "A"; and WHEREAS, The City of Denton desires that such on and off-site sewer facilities be oversized to the site and require,i appurtenances to be determined prior to bidding; and WHEREAS, one City of Denton agrees to participate in the funding of the cost of the oversiting of the Facilities pursuant to the provisions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this day of , 198,,,_, by and between DL4ENSION, DIMENSION-UNICORN, AND THE CITY OF DENTON, TEXAS, A Home Rule Municipal Corporation of the State of Texas, hereinafter referred to as the "City"; Dimension Development Co., Inc.,-Dimension-Unicorn Lake Assoc. and City of Denton, Texas SEWER LINE OVERSIZE PARTICIPATION AGREEMENT PAGE ONE WITNESSEM 1. The Developers shall install, by contract or otherwise, the Facilities in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. 2. The said Facilities shall be located approximately as shown on Exhibit "A" and shall be more particularly located throuSh the development of engineering plans, the cost of said plans to be borne by and any necessary easements to be acquired and paid for by the Developers in accordance with their respective percentages of participation. Installation of the facilities shall be in conjunction with the -first phase of any on•stte utility development of subject property. No final acceptance of any on-site utilities will be issued until subject Facilities are completed. This Agreement shall not require Developers to install subject facilities prior to their schedule for development of subject property. 4. The Developers' percentages of participation in funding the cost of the Facilities shall be 51.61 (by Dimension) and 46.41 (by Dimension-Unicorn) respectively, times the certified cost of the Facilities, less the cost of oversizing for any other prop++rties and less the proceeds available, principal and accrued interest, from Southridge Joint Venture Agreement with the City, a copy of which is attached hereto as "Exhibit "E". 5. The City's participation in funding the cost of the Facilities shall be the difference tetween the certified, in-place cost of the Facilities le s the certified, estimated cost of the Equivalent Line defined as that size line roqutrad to provide sanitary sewage flow capacity to those properties described in Exhibits "B-1", "B-1" and the Southridge Joint Venture property. 6. Upon completion of construction and acceptance by the City of the Facilities, the actual cost of the respective percentages of participatton in the funding of the cost of the Facilities, iball be determined and certified to by the City's Director of Utilities, or his designee, and his certificate setting out both the estimated cost of the Equivalent Line and the in-place cost of the Facilities shall be then attached hereto as Exhibit "D" and made a part hereof (the "Certificate of Actual Cost"). The current estimated costs of both the Equivalent Line and tae Facilities, along with the estimated participations of the parties to this Agreement, are outlined on Exhibit "C" attached hereto. 7. The City hereby agrees to ply its oversize participation share of the cost of the Facilities, as determined above, plus the Southrid;e Joint Venture share, principle and accrued interest, to the Developpeers within thirty flu) days from the date of acceptance of the Facilities by the Ctty or the completion. of of Certificate of Actual Cost, whichever shall be the latter to occur, or such payment shall be made under such alternate terms and conditiot.s as may be mutually agreed upon by the Developers and the City. Such payment shall be made by the City to the Developers in the form of two (2) separate checks, one each to Dime-sion and Dimension-Unicorn, as follows; 53.61 to Dimension and 46.41 to Dimension-Unicorn. Dimension Development Co., Inc.,•Dimenslon-Unicorn Lake Assoc. and City of Denton, Teals SEWER LINE OVERSIZE PARTICIPATION AGREEMENT PAGE TWO I. Developers agree to grant easements to the city for installation of sever line from the Southridge property to the existing State School Qutfail Sewer Line. 9, if the Developers do not file for a final pplet or begin construction of the Facilities within twelve (12) ■ontAs from the date of this Agreement, then this Agreement shall become null and void. However, this Agreement may be extended for up to four individdal six (6) sonth periods if prior to the expiration of each period all parties mutually agree to such extension(s). Upon receipt of any approved final plat, this Agreement shall remain valid for the term of subject plat. 10. The construction of the Facilities as deflned herein shall be conclusive evidence that the collection of any possible future sanitary sewer imppaact fees against the properties described in Exhibits "E-1" and "g-2" shall be waived by the City. Deve and holdlharmless 'heo ritys from anydoandeCall adamage~, ilossnior liability of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong-doing of Developers or their officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement, and Developers will, at their v.:a cost and expense, defend and protect against may and all such claims and demands. 12. In the event that the City shall desire to proceed with the construction of the Facilities and/or any Sewer line (prior to the commencement of the construction by the Developers of the Facilities), that wculd traverse the properties described in Exhibits 11e-1" and/or "11-2116 the Developers shall pay for the Facilities as described in Paragraph t above at time of connecting to the Facilities with any development. However, in the event the City desires to proceed, the City shall so notify the Developers in writing and provide the Developers with the specifications of such sewer line. The Developers shall then have thirty (30) days in which to notify the City that the Develolers desire to proceed with the construction of the Facilities. If the Developers, so notify the City within said thirty (30) day time period, the Developers shall have the exclusive rigQht to proceed with the construction of the Facilities or such otFier larger sewer line as proposed in the specifications provided by the City to Developer, as provided above. In the event that the Developers do not commence the construction cf the facilities or such other larger sewer line within one hundred eighty (160) days of said notice to the City or if the Developers fail to provide the City with said notice within the thirty (30) day time period provided above, then in that event, the City shall have the rtQht to Crocced with the construction of the Facilities or such other larger line. 13. Title to said Facilities is hereby and snail it all times be vested in the City. Dimension Devefopm-It Co., Inc.,-Dimension-Unicorn Lake Assoc. and City of Denton, Texas SEWER LINE OVERSIZE PARTICIPATION AGREEMENT PAGE THR,E IN WITNESS WNEREOP, this instrument is executed in quadruplicate originals this day Of _ , A.D., 198. DIMENSION DEVELOPMENT COMP.A.NY,INC. ATTEST. A Texas Corporation _ BY BY MIChA&I L. eary, res e-RT- DIMENSION-UNICORN LAKE ASSOCIATES, ATTEST: LTD, a Texas limited Partnership By IT By RlcTiae eary, rest en ATTEST: SOVTHRIDGE PLACE JOINT VENTURE By IT By Larry Gentry, ,anag n` artner CITY OF DENTON, TEXAS BY RICKARD 0. ,.tY'~-Ft- ATTEST: cKAfLOTT5 7- CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: IN CITY ATTORNEY CITY Of DENTON, TEXAS I Dimension Deralopeent CO., Inc.,-Dimension-Unicorn Lata Assoc. and Citr of Denson, Texas SEWER LINE OVERSIZE PARTICIPATION %GREEMENT PAGE FOUR ' Public Utility Bard Minutes December 12, 1954 Page six Item 20: CONSIDER REQUEST FOR WATER SERVICE OUTSIDE THE CORPORATE LIMI'TE OF TH$ CITY OF DENTON 3Y CAPRICORN MOBILS HOME PARK AND RELATED OVERSIZE PARTICIPATION AGREEMENTS. Ms. Boyd lnaua a motion to recommend the request for water service outside the corporate limits of the City of Denton, Texas and relatol oversize participation agreement for a 110 water line over an d" water line with Capricorn Mobile Home Park to the City Council for approval. Mr. Coomes seconded the motion. All ayes, no naves, motion carried. Item 21: COLISIDdR ZHE PROPOSED AJREEMEN'P tnrH SOUTERIDGE JOINT VENTlJ.,RE FOR OVERSIZE OF A SEWER LINE FORD LILLIAN B. MILLER PARK+iAY TEASLEY TO S,rATE SCHOOL ROAD. Mr. Thompson naeg a motion to recommend the ;proposed agreement witn SOUthridge Joint Venture for oversize of a sewer line from 15" to 21" diameter to the City Council for approval, Mr. Herring seconded the motion. All ayes, oo nayes, motion carried. Iten 12: COJSI;IE.. THE PROPOSED AGREEM'I JT ►Iir3 DIMENSION D~'VELU??ENT COIWANY, INC. AND DIMENSION-UNICORN LAKc ASSOCIATES, Lill. FOR OVEASIZd OF A SEWER 1,114E. Mr. Herring :lade 3 motion to C000131nand the pr0lJosed oversize ayraenent for a li" to a il" diameter sewer line witn Dlotnlsiun Jevelopment :omplily, Inc. an Dinonsion-Unlcorn Lake Associates, Ltd, for oversize of a seqr.r iin,! to the City Council for approval. Ms. Boyd seconded the Motion. Ali ayes, uu nayes, notlull Carried. Ica,t :3: CONSIDER SANITARY SE'4ER LINE FRO-AA CA A!3A.EAFAT 41 CH MEADO,I RIDGE ADDITION. Coona?s made a motion to reculn;iand to the ,.ity Council me propf)sed pro-rata agreement with A,!:IJaa RiJon Addition for an d" sanitary sewer line for approval. '4r. Thompson secunded the motion. All ayes, no nayes, notion carried. Item 24: CONSIDER 4ATBR AND SANITARY SEWER SERVICE TO RJLLING6I00D ESfATES LOCATED OUTSIDE DENTON CITY LIMITS. Staff reconnended no action at this time. Itom 25: RECEIVE iIORKORUER smrUS INFORMArION, ELE:,fRIC, 4ATER AND HAS`TEWArER SERVICE AREAS. 78r, Nielson presented the item to the Buar 1 informin4 c;.'rn tnat the list is up-to-date and shows what is tieing dune and what the status is on each project, m e Board reviewed the m-iterial witti Mr, Nelson, Mr, Hain, ana Mr. 77- Discussion b the Board was for information regarding the cost to be borne by all rate payers or whether the area served and growth therein would cover the cost of the new . substation. Mr. Nelson suggested that transformation is presently shared by all ratepayers and that it is not likely that all costs of the new station would be totally borne by the new customers in the area of the substation. Mr. Herring made a motion to recommend the acceptance of the bid oy ASEA Electric for the transformation equipment and by Clark Substation for additional materials and supplies be accepted by the City Council as the lowest qualified bid. Second by Thompson. Five ayes, no nayes, motion carried. 4. CONSIDER JOINT VENTURE INVOLVING, 1 SSOUTHRIDGE PLACE JOINT VENTURE WHOSE CONSULTING z) DT9T9nU-VFsVr5LUFMENT CO. AND DIMENSION-UNICORN ARE ESPEY-HOUSTON AND FOR THE CONSTRUCTION OF A 21" PARALLEL SEWER OUTFALL LINE CONNECT - TO AN EXISTING 2111 LINgs THE HICKORY CREEK UUTrALL: r, 1111 n orme a oar a s pro ec x not specifically in the 1985 Capital Improvement Plan although some money had been allocated to unspecified line • "oversize" projects. Mr. Han and Mr. Nelson told the Board that this would be the "least cost" method of getting sufficient line capacity into the area proposed and meet the needs of developers currently interested in the property. Questions by the Board led to a discussion as to whether line extensions inside the City limits should not also be included in the temporary moratorium on oversizing. Staff and other Board members suggested that if such were to take place, the developer could construct lines to meet capacity of the current project without regard to other development in the area. In response to the question as to where the funds would come from, Staff stated that the funds would be from available bona monies currently on deposit. After considerable discussion, Thompson made a motion to recommend to the City Council the acceptance of the contract for oversizing. Second by Herring, Four ayes, one nay, motion carried. Mr. Coomes wished to add that his nay vote was due to a desire to review and rewrite or reaffirm the line extension policy of the City The Board decided its next meeting should be November 14, 19840 at 7:30 PM, There being no further business, the Board adjourned at 8:30 AN, L January 8, 1985 JI' ~r + I TO. MAYOR & MEMBERS OF THE CITY COUNCIL L FROM: G. Chris Hartung, City Manager SUBJECTt Consider Sewer Line Oversize Participation Agreement with Dimension Development Company, inc., and Dimension-Unicorn Lake Associates, Ltd. RFCOMMENUATIOIJ: The Public Utilities Board, at their meeting of 12112/84, recommended to the City Council approval of subject agreement and associated documents with Dimension Development Co., Inc., and Dimension-Unicorn Lake Asssociates, Ltd.. SUMMARY: At the October 29, 19840 Public Utilities Board meeting, the Board considered and approved a three-way contract between the City of Denton, Southrldge Joint Venture and Dimension Development for an outfall sewer line from Tesseley Lane to State School Road. After Board approval, attorneys for all three parties desired minor changes In wording an it was concluded that it would be b^st to have two separate agreements. Therefore, the subject agreement has been developed with Dimension Development Co., Inc. and Dimension-Unicorn Lake Associates Ltd wherein they will construct the subject line and Denton will pay for the oversizing from an "Equivalent Line" as required by Dimension and Southridge, probably a 15" line and a 21" line. Denton will also pay Dimension the $43,272 received from Southridge plus accrued interest. F1SLAt. IMPACT: Total Cost of Line 33259350 Cost to City 31190295 Cost to Southridge $ 430272 Cost to Dimension $162,783 Source of Funds: Sewer Bond Funds Respectfully submitted: . t,h[ 8 ar Un City Manager 340BU 19 ti - a"'1 'Y ~ jC^ r h »3'31 Prepared byi C. David Hem Asst. Director of Utilities-Wtr/WW Divisions AP ROV D ,~'6 (/b b --I v R. E. Nelson, P.E. Director of Utilities EXHIBIT I Participation Agreement do Exhibits 11 Minutes of October 29, 1984 Public Utilities lard. Meeting III Ordinance IV Minutes of PUB Meeting of 12/12/84 3408Us10 i SEWER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS 4 KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON 4 WHEREAS, Dimension Development C". any, Inc., 1700 Pacific Avenue, Suite 45009 Dallas, Texas (hereinafter referred tc as "Dimension") is the owner of that certain property located in the City of Denton, Denton. County, Texas, as shown on the attached ap as Exhibit "A" and as is more fully described by metes and bounds in attached Exhibit "B-1", said exhibits being incorporated herein by reference; and WHEREAS, Dimension-unicorn Lake Association, LTD, 1700 Pacific Avenue, Suits 4500, Dallas, Texas, (hereinafter referred to as "Dimension-Unicorn"), is the owner of that certain property located in the City of Denton, Denton County, Texas, as shown on the attached map as Exhibit "A" and as is more fully described by metes and bounds in attached Exhibit "B-21', said exhibits being incorporated herein by reference; and WHEREAS, Dimension and Dimension-Unicorn (hereinafter referred to as "Developers"), wish to serve their respective properties shown on Exhibit "A", and as is more fully described by metes and bounds in Exhibits "B-l" knd "B-2", with approximately seven thousand two Hundred thirty feet (79230') of on and off-site sanitary sewer line facilities (hereinafter referred to as the "Facilities") as shown on Exhibit "A"; and WHEREAS, the City of Denton (hereinafter referred to as "City"), wishes to have the option to participate in the fending of the sewer line in order to provide an "oversized" line sufficient to provide reserve sewer capacity of the line beyond what is needed to serve the properties of the Developers; NOW9 THEREFORE, the Developers and the City hereby enter into this Agreement to provide for their respective participation in the cost of an oversized sewer line (hereinafter referred to as ICIPATION INC./DIMENSION-UNICORN PARTLAKE A SOCIATES/PAGE AGREEMENT/DIMENSION DEYELOPhrxNT "Oversized Facilities"), as provided for in the Denton Development Code A of the Code of Ordinances of the City of i (Appendix Denton), and in considuratlon of their mutual promises and covens-ics the parties do hereby agree as follows: WITNESSETH 1. The Developers shall bear the entire cost of installing and constructing by contract or otherwise, Facilities of sufficient capacity, ab determined by the City, to serve their respective properties. The Developer's percentages of participation in the engineering, land acquisition, and construction and installation cost of the Facilities shall be 53.6% by Dimension and 46.41 by Dimension-Unicorn. 2. Prior to the issuance •#f any permits for the construction or installation of the Facilities, the City may, in writing, «ntify the Developers of its desire to participate in the cost of providing "Oversized Facilities" in lieu of the Facilities to be installed by the Developers. The City shall specify the size of the "Oversized Facilities" to be constructed and the estimated cost of the Oversized Facilities. The Developers, upon notifi- cation by the City of its intent to participate in the cost of providing Oversized Facilities, shall, upon development of their respective properties, construct and instill the "Oversized Facilities" as specified by the City. 3. The Developers shall install, by contract or otherwise, the Oversized Facilities in accordance with all City of Denton ordi- nances, and specifiestlons, which shall be located i.r.proximately as shown in Exhibit "A" or as more particularly shown by the engineering plans thereafter prepared and approved by the City. 4. The entire cost of all engineering plans and land acquisi- tion costs for easements for the Oversized Facilities shall be paid by the Developers in accordance with their respective percentages of coat participation for the facilities as set forth herein. SEWER LINE OVER6-;E PARTICIPATION AGREEMENT/DIMENSION DEVELOPMENT INC./DIMENSION-UNICORN LAKE ASSOCIATES/?ACE 2 ~A 1+f P. 7i' un i _:.41xii AI !:Y 1 .yv IaL' .F Y Fi. 5. When the Developers have submitted sufficient information to the City concerning the proposed use and development of their respective properties to determine the size of the Facilities that would be necessary to serve their properties described in Exhibits "B-1" and "B-2", the estimated installation and construction cost of the Facilities shall then be determined by the City in accordance with the procedures required by law for public works projects. 6. Upon approval and acceptance of the Oversized Facilities by the City, the actuak costs of the Oversized Facilities shall be de- termined and certified to the Director of Utilities or his designee, and attached hereto as Exhibit "D" ("Certificate of Actual Cost") and made a part hereuf. The City shall, within thirty days of the receipt of the Certificate of the Actual Cost of the Oversized Facilities, pay to Developers the difference in the estimated cost of the installati j and construction of the Facilities and the actual cost of the Oversized Facilities as set forth in the Certi- ficate. Such payment shall be made in ,ie form of two separate checks, one each to Dimension and Dimension-Unicorn, as follows: 53.6% to Dimension and 46.4% to Dimension-Unicorn. 7. If the Developers do not begin construction of the Oversized Facilities within twelve (12) months from the date of notification by the City of its desire to participate in the cost of providing Oversized Facilities, then this Agreement shall become null and void. Mowiver, this Agreement may be extended for up to four (4) individual six (6) month periods if prior to the expiration of each period all parties mutually aS.-ee to such extension(s). 9. In the event Developers install and construct the Oversized Facilities as provided for herein, the City agrees not to impose any future sanitary sewer impact fees to provide the properties described in Exhibits "B-1" and "B-2" with sanitary sewer service. Impact fees as used herein shall not include tap or connection fees or user charges. SEWER LINE OVERSIZE PARTICIPATION AGREEMENT/DIMENSION DEVELOPMENT INC./DIMENSION-UNICORN LAKE ASSOCIATES/PAGE 3 y led r i L; r L 1. N, I , ,fix i f 10. Upon completion, approval and acceptance of the Oversised Facilities, all right, interest and title to the lines, and ease ments for such lines, shall be conveyed to the City. IN WITNESS WHEREOF, this instrument is executed this day of , 19_, DIMENSTnN DEVELOPMENT COMPANY, DIMENSIOT~SCORN LAEKS ARTNERSTESs INC., A TEXAS CORPORATION LTD.$ I BY: Z• BY: f F=AEL Nu Ye PREsiDENI CITY OF DENTON, TEXAS By, ATTEST: CITY SLCKLTM CTOOMUM CITY F DENTON, ALLEN, TEXAS APPROVED AS TO LEGAL FORM: .10E D. MORRIS, ACTING CITY ATTORNEY CITY OF D,ENTONO TEXAS BY: SEWER LINE SIVERSICORN LAKE ASSOCLA AGREEMENT/ 4DIMENSION DEVELOPMENT E ~ If f + 1~ 14 00 ~ ....ice ' • 1 n r. _ 1 ~ rww .~F / loh flf0 0p tO fXlSt: ttw `S 11 YO SEWLIt 1RAi hApT E)I'tPT r t0 Tit 76 Ex19t LI"HI[tbfyetiMt tooreALL it , . r . LEGAL DESCRIPTION Being that tract of land situated In the John McGowan Survey, Abstract 797, the M.E.P. B P,R.R. Co. Survey, Abstract 950, 9. F. Reynolds Survey, Abstract 1654, and the Cyprlan Poullaller Survey, Abstract 1006, Denton County, Texas and being part of a (called) 181.92-acre tract and an of a (called) 1.561-acre tract in said Poulielier Survey as described In a deed from Patrick B. Gibbons, Substitute Trustee, to thus Synod of Texas Presbyterian Foundation on January 4, 1971, recorded in Volume 8190 Pape 2680 Deed Records of Denton County, Texas, and being that tract of land described In a deed from Shaul C. Baruch to Dimension Development Company, recorded In Volume 1284, Page 720, Deed Records of Denton County, Tex" (O ROCT), and being more particularly described as fonowst BEGINNING at a found 1/2-inch Iron rod at a fence corny, sold point being the northwest corner of said 181.92-acre tract and the southwest corner of a tract of land conveyed to American Savings Association as recorded in Volume 668, Page 3679 OADCX) THENCE North 890;9'59" East, generally along a fence, 3,111.56 feet to a found 1/2-Inch Iron rod at a fence corner at the north northeast corner of said 181.92- Kra tract and on the called east line of.the J. McGowan Survey= THENCE South 0046'11" East, along sold survey line and generally along a fence, 306.11 feet to a found 1/2-Inch iron rod at a fence corner; THENCE North 89049'15" [alto with the called north line of the M.E.P. 6 P.R.R. Co. Survey and generally along a fence, 19013.43 feet to a found 1/2-inch Iron rod at the east northeast corner of said 181.92-acre tracto and from said 1/2-Inch Iron rod a fence corner bears south 2.0 feetl THENCE South 002044" West, generally along a fence, 1,58912 feet to a found 1/2-Inch iron rod at the southeast corner of said 181.92-acre tract, and from sold 1/2-inch iron rod a fence corner bears west 0.6 feet; THEN CE North 88023'46" West, generally along a fence and patotng the southwest corner of the S. F. Reynolds Survey, which Is on the east line of the J. Fisher Survey, 3,561.38 feet to a point for corner on the easterly right-of-weer of F.M. Highway 2181, and from said corner a 1/2-Inch Iron rod bears North 88021' Hest, 0.73 feety THENCE northwesterly along the easterly right-of-way of F.M. Highway 2181, ll% said right-of-way around a curve to the left having a central angle of ale )1 13", a radius of 761.0 feet, an are length of 947.34 feet, and a chord bearing 7 and distance *-(-Wirth 42'05810&1 Hest, 887.37 feet to a point for corner at the southeast corner.of a 5-4cre tract In the J. Fisher Survey as described In a deed from Denton Estat" N.W. to John J. Cassate and recorded In VoIgme 1077, Page 606, 0A0CT, and from said point a 1/2-Inch iron rod been South 0 37' West, 0.57 feet) THENCE North 0036'4)" [alto 1,134.51 feet pasting the northeast corner of said S- eers tract to the POINT OF BEGINNING and eontalnr-g 161.66 acres, more or less, SAVE AND EXCEPT that 3.95-acre tract of land conveyed to the City of Denton by Dimension Development Company in Instrument dated December, 1983, DROCT. Y`{' ~'7?. e.rnl l; ni'T'_ ~,1._.z r < .~r:~ it ° c f Rj F'l~t ..ens' gar LEGAL DESCRIPTION All that certain 136,365-acre tract, or parcel of land situated In the M.E.P. S P.R.R. Co. Survey, Abstract 950, Denton County, Texssl sold tract being a part of a First tract shown b deed to Foxworth-Galbralth Lumber Company and recorded In Volume 414, Page 491 of the Deed Records of Denton County, Texas and being more particularly described as followst BEGINNING, for the East corner of the tract being described herein at on iron pin found set in concrete in the southwest right-of-way of Interstate Highway 35 East, said corner being the most northern corner of tract of 1.570 acres as shown by deed to Jost" Inc. and retarded In Volume 571, Page 399 of Deed Records of Denton County, Texasl THENCE South 38023'25" Vest, along the northwest boundary line of the past mentioned 1.570-acre Joston's Inc. tract, 345.37 feet to a steel pin In concrete for the wrist corner of the above mentioned 1.570-we tract, and being on inner of corner on the Orlginal,Foxworth-Galbraith Lumber Company first Tactl TH E N C E South 02039'24" Hest, 2,391.49 feet to a large round fence corner post, for the .owtheast c.orndr of the Foxworth-Galbraith Lumber Company First Tract, same being an inner e1 corner on the Denton State School tractl THENCE South 89045'02" west, along fenceline an., the North Boundary Line of the above mentioned Denton State School Tract, 1,881.30 feet to a steel pin on the west side of a corner post for the southwest corner of the Foxworth-Galbraith Lumber Company First Tract, and being In the Vest Boundary Lino of the K.E.P. 4 P.R.R. Company Survey, Abstract 9501 THENCE North 0026'59" East, with a fence a distance of 3,027.40 feet to an iron pin set In the ground at the southwest coroar of a 15,137-scre tracts THENCE East with the southline of said 15.137-acre tract, a distance of 1,274.0 feet to an iron pin set in the ground at the southeast corner of said 15.137- acre tract; THENCE North 40003' East, a distance of 309.61 feet to an Iron pin sot in the ground In said southwest rlght-:,f-way of Interstate Highway 3S East and also being the east corner of said 15.137-acre tractl THENCE South 490$7' East, with said right-of-way a distance of 927.03 feet to the POINT OF BEGINNING. ax>vaiT a - i SPW WE S U R V E Y O R S N O T E S First Tract: All that certain 66.4808 acre tract or parcel of land sitiated in the John McGowan Survey, Abstract Number 797, Denton County, Texas; said tract being part of the tract described in deed from Southridge Association, Inc, to American Savings Association of Dallas as recorded K1 in Volume 668, page 376 of the Deed Records of. Denton County, Texas; said tract being more fully described herein by metes and bounds as follows: Beginning for the most northerly northwest corner of the tract being described herein, an iron pin found at the northeast corr.or of Lot 19, Block 38 Southridge as recorded in Volume ~ 1 O, page 33 of the Plat Records of Denton County, Texas; Thence the following calls along along a southline of aforementioned Block 38 Southridge - South 70 degrees 14 minutes 56 seconds East 33.1 feat, An iron pin set, South 69 degrees 05 minutes East 108.38 feet, an :ron pin set; South 70 degrees 45 minutes 50 seconds East 110.8 feet, a found iron pin, South 75 degrees 31 minutes 24 seconds East 116.61 feet, an iron pin set, South 83 degrees 27 minutes 04 seconds East 115.3 feet, an iron pin set, South 89 degrees 46 minutes 24 seconds East 142.4 feet, an iron pin set, f North 84 degrees 14 minutes 06 seconds East 143.0 feet, an iron pin set, North 69 degrees 25 minutes 36 seconds East 140.0 feast, an iron pin sot, North 69 degrees 53 minutes 46 seconds East 140,2 feet an "X" in electric box, ' North 56 degrees 39 minutes 37 seconds East 126.8 feet, an iron pin found, North 56 degrees 30 minutes 12 seconds East 126,83 feet, an iron pin found, and North 45 degrees 17 minutes 17 seconds East 193.04 feet to an iron pin found in the North- east ltne of Southridge Drive; f Thence North 38 degrees 05 minutes 14 seconds West 312,88 feet with the northeast boundary line f of Southridge Drive to the most south corne rof Lot 22, Block 4 of Southridge as shown by plat ' recorded in Volume 3, rage 51 of the Plat Records if Denton County, Texas; I Thence the following calls with the occupied back of lot line of said Block 4 - ' North 50 degrees 18 minutes 40 seconds East 134.32 faet, a found iron pin, North 38 degrees 58 minutes 30 seconds East 227,2 feet, an iron pin set, North 17 deprees 40 minutes 31 seconds Fast 89,27 feet, an iron pin set, North 27 degrees 16 minutes 50 seconds East 313.1 feet, an iron pin found and North 89 degrees 17 minutes 17 seconds East 302,24 feet, an iron pin seti i Thence South O1 de Tees 08 minutes 45 seconds East 445.08 feet to the southwest corner of Lot ' 8, Block 2, Erwin ub-division; Thence North 89 degrees 46 minutes 11 seconds East 309.82 feet with the soubhlin,% of the Erwin , tr:w` ..v~..a ~V V',,04%..UJ ♦V nu uur.. J.1 J~. ~.VUU.JV rr1.r 'U%w6, {..1 ♦LV11 1I,L11 Oi.L, • North 17 degrees 40 minutes 31 seconds st 89.27 feet, an iron pin set, Noi:h 27 degrees 16 minutes 50 seconds ust 313.1 feet, an iron pin found and North 89 depress 17 minutes 17 seconds East 302.24 feet, an iron pin sett 7188, hence South 01 degrees 08 minutes 45 seconds East 445.08 feet to the southwest corner of Lot Block 2, Erwin Sub-division; air Um WE Thence North 89 degrees 46 minutes 11 seconds East 309.89 feet with the soubhline of the Erwin Subdivision to an iron pin at the northwest corner of a tract conveyed to the City of Denton, by deed of record in Volume :340, page 223, in said deed records for northeast corner of this; Thence. with the westline of said City of Denton tract with a curve to the left with a radius j.'of 753.62 feet, a central angle of 30 degrees 19 minutes 16 seconds, a tangent of 204.10 feet for a distance. of 398.63 feet to an iron pin set at the end of said curve, and South 28 degree 49 minutes 03 seconds'Weat 1623.27 feet to the south line if said McGowan Survey; Thence So! .h 88 degrees 40 minutes 15 Reconds West 1743.96 feet with the north line of a tract conveyed to Harmon by deed of record in Volume 467, page 143 in said Deed Records to the south- . west corner of this and northwest corner of said Harmon tract, an iron pin set; Thence North 00 degrees 33 minutes 46 seconds West 418.24 feat to an iron pin at the northeast corner of the tract described in deed from Nichols to Heiser and Sullivan as recorded in Volume 635, page 60, in said deed records; Thence the following calls with a south and east line of Southridgs as recorded in Volume 9, .page 33, in the Plat Records of said County; North 88 degrees 36 minutes 10 seconds East 47.2 feet, an iron pin set, QO North 01 degrees 22 minutes 20 seconds West 139.2 feet, an iron in seti North 87 degrees 50 minutes 30 seconds East 12.2 feet, an iron Xi set tin the Southline of Lynhurst; ! North 12 degrees 44 minutes 20 seconds East 168,3 feet, an iron pin set, ~ North 25 degrees 06 minutes 103.7 feet an iron pin set, I North 43 degrees 21 minutes 10 seconds East 128.0 feet, an iron pin set, North 33 degrees 15 minutes 40 seconds East 109.0 feet, an iron pin set in the sou thline of v Hollyhill Drive; and with arc of curve whose chord bears South 69 degrees 32 minutes 45 ' seconds Eastl56.64 feet to an iron pin In the southline of Hollyhill Drive at the end of v said curve, and North 24 degrees 04 minutes 20 seconds East 195.0 feet to the place of be- 4 ginning. 13 Second Tract j Xll o'flt6at certain 48.9430 acre tract or parcel of land, a part of the John McGowan Survey, Abstract Number 797, in the City and County of Denton, Texas, and being the East part of that certain tract described in deed from Weitzman, Trustee to Denton Residential N,V. by d.ted of record in Volume 986, page 923, in the deed records of said#County, and Beginning at the southeast corner of the Denton Residential tract mentioned above, the jouth- east corner of said McGowan Survey, an iron pin found for southeast corner of this, rr• IsaKr THr* Thence South 88 degrees 40 minutes 15 ends West 2162.14 feet to iron pin set a he south- east corner of a tract conveyed to the l ty of Denton by deed of record in Volume 40, page 223, in said deed records for southwest corner of this, an iron pin for corner; Thence with the eastline of said City tract North 28 degrees 49 minutes 03 seconds East 1576.E ' feet to iron pin set at the beginning of a curve to the left, and with said curve, with a can- 9 angle of 30 degrees 19 minutes 16 seconds, a radius of 833.26 feet, a tangent of 225.78 feet, for an are distance of 440.96 feet to iron pin at the end of said curve, for northwest corner of this; Thence North 89 degrees 46 minutes 11 seconds Fast 184.93 feet to iron pin found for north northeast corner of this at the northwest corner of tract conveyed to Burns of record in Volum< 455, page 647, in said deed records; ~i Thence South 02 degrees 04 minutes 25 seconds.Eaat 758.1 feet to iron pin set at the southwest corner of said Burns tract; Thence North 88 degrees 41 minutes 55 seconds gas'; 1043,2 feet to an iron pin found on the eastline of said McGowan Survey for east northeast corner of this; i Thence South 02 degrees 15 minutes 21 seconds Evat 1024.84 feet to the place of beginning$ These surveyors notes, with map, were prepared from a survey actually made on the ground. P4 h . Pee P4 Ix Thomas B. King, Tc~las Re ietored Public Surveyor No. 42 4 28 April 100 1984 SuAy Rtr, S•20-*-0 xe v. X4.10-84t t ' t . i FIELDS, (DWAP03 A AM, ft-,geI j ! JPWINUIS ANU PAWVOA II71 [OR? WORTH ORIVI' . DINIDN. tram rr.►,rS t .1+et 9 ! t` F EXHIBIT C FISCAL SUMMARY (ESTIMATESI Developers' Share 15" 4 $28.50 x 72301• $206jOSS Dimension Development Co. i Dimension-Unicorn Lake Assoc. LTD Share 1527 son + 79.01 $1628783 g pm Southrid8e Place Joint Venture • Share 4~05 gpm + 21.01 $430272 193Z B pm City's Share Difference for over:0ze between 1S" 1 $28.SO/ft and 21" 1 $4S/ft ■ $16.SO/ft x 7230' 119 29S TOTAL ESTIMATED COST FOR 7230' x W AF B32Sj3S0 3303U,.4 X,U v • G '~H L~ 9 .j d' +FtE.i 1t • LARRY GENTRY AND ANCIATIS REAL ESTATE INVESTMENT!: P. O. BOX 9330 FORT WORTH. TEXAS 76107 0 PHONE (817) 923.7004 October 17, 1984 EXHIBIT D Mr. Bob Nelson Director of Utilities City of Denton 215 E. McKinney Denton, Texas Re: Public Utilities Board Agenda item r9 involving joint venture for con- struction of a 21" parallel sewer outfall line to serve Southridge East and the Dimension property. Dear Mr. Nel son: Please let this letter serve as our agreement to enter Into a "Sewerline Oversize Participation Agreement" similar to the draft form attached hereto as Exhibit "A" wherein we agree to pay our fair share of a parallel outfall line to serve the subject area. We will escrow upon the city's request $43,272.00 against our participation per your discussions with our engineer, Greg Edwards, and the project cost estimates. It Is our understanding that escrowing the participation money will allow us to obtain final platting on what we currently have before P do Z and will also allow us currently to attach our line to the existing State School Outfall line for service. I hope this meets with your understanding. Please do not hesitate to call us if you have any problems. Yours very truly, Dan Freundlich, Partner, for and on behalf of Southridge Place 3olnt Venture DBFrdhm 1 0 R A P T IN STATE SCHOOL OU'rFALL SEWER LPATIONINE FROM • I ILLIAN S. MILLER PARKWAY/TEASLEY TO STATE SCHOOL ROAD y V ' STATE OF TEXAS ) COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTSs THAT WHEREAS, SOUTHRiDOE PLACE JOINT VENTURE 1261 West Presidio, Suite 20S, Fort Worth, Texas 76102, Telephone kumber (617) 332.1548 ("Southridge") is the current owner of that certain property, shown on the attached map (Exhlbit "A") and more fully described on attached (Exhibit "1") north of the intersection of Teasley Lane and Lillian Miller Parkway; and WHEREAS Dimension Development Company, Inc., Dimension-Unicorn Lake Associates, Ltd., and the City of Denton, Texas, are currently ee..ering into a "Sewerline Oversize Participation Agreement" of which a draft cop) Is attached hereto and for all purposes incorporated herein as Exhlbit "E"; and WHEREAS Southridge desires to presently start its development and to tie on to the existing State School outfoll line for service per Southridge's letter date October 17, 1914, to Mr. an for alltopurposaid ses Bob lotterelbeing Dattached hereUtilities oas xhifor bit tI'D" C d Incorporated hernial and WHEREAS THE City of Denton has expressed a willingness for Southridge to immediately attach on to the said existing outfall line per the basic terms of said letter in Exhibit "D"; NOW, THEREFORE, this A`reement made this day of 191 , by and between Southridge and the City of`IMon, Tex M-T Home Time Municipal Corforstion of the State of Texas, herenafter referred to as the "City'. WITNESSETH: 1. Southrtdge's percentage of participation in funding the coat of the facilities described In Exhibit "D" is 21.01 which is $43,272 based on December 1984 estimated costs. The City agrees that, in exchange for Southridge paying they ext tints estate Schooltoou~tfill lineh forgesewertservice "Ar) land morel fumllytdescribed on attached a Exhibit ~gI.Exhibit "ll 2. Southrid a shall be required to extend a sex.. line from their su~Ject property to the State School outfall sewer line of sufficient size to service their properties. 3. evidence ethatothe 4collectionsoftanyd possible be nitarylsewer imRact fees against the properties described in Exhibits "A and 11116 shell be waived by the city. The paym~.,t of the sbove•listed amount shall relieve Southridge of any further liability regarding the subject sanira' • sewer improvem.ats, refetiod to as "facilities" in the Sager Line Oversize Participation Agreement (Exhibit "E") between the City of Denton and Dimension Development Company Inc., et al. AGA19MENT FOR PARTICIPATION IN SPATE SCHOOL OUTFALL SEWER LINE FROM LILLIAN B. MILLER PARKWAY/TEASLEY TO STATE SCHOOL ROAD PACE ONE . 33S9Us1 ~ 7~CnlT th.1 'rNh ~ _ s h.e r1r t. The final executed "Sewer Line Oversize Part Jet pet Jon Agreement" between the City of Benton and Dimension Development Company, Inc., at &l, shall be attached hereto as 8xhibit "a" replacing the unexecuted draft copy. S. Title to said Prcilitles is hereby and shall at all times be vested In the 0ty. In witness whereof, this intrument is e-•cuted in quadruplicate origina's this day of , 198 SOUTHRiDGE PLACE JOINT VENTURE BY Larry Gentry, s n Farther ATTEST: CITY OF DENTON, TEXAS BY CAMMO Allan, City of Denton, Texas APPROVED AS TO LEGAL FORM: oe :arr s, c n8 o e City e: Denton, Texas i AGREEMENT FOR PARTICIPATION IN STATE SCHOOL OUTF?,LL SEWER LINE FROM LILLIAN B. MILLER PARIWAYlTEASLEY TO STATE SCHOOL ROAD PAGE TWO SSM I Publics Utility Board Mi'nu'tes December 12, 1984 Page six Item 20: CONSIDER REQUEST FOR WATER SERVICE OUTSIDE THE CORPORATE LIMITS OF THE ..^.ITY OF DENTON BY CAPRICORN MOBILE H014E PARK AND RELATED OVERSIZE PARTICIPATION AGREEMENTS. Ms. Boyd rnz le a motion to recommend the request for grater service outside the corporate limits of the City of Denton, Texas and related oversize participation agreement for a 120 water line over an 8' water line with Capricorn Mobile Home Park to the city Council for approval, Mr. Coomes seconded the motion. All ayes, no naves, motion carried. Item 21: CONSIDER THE PROPOSED AGREEMENT WITH SOUTHRIDGE JOINT VENTURE FOR OVERSIZE OF A SEWER LINE FOR14 LILLIAN B. MILLER PARKWAY TEASLEY TO STATE SCHOOL ROAD. Mr. Thompson made a motion to recommend the proposed agreement with Suuthridge Joint Venture for oversize of a sewer line from 15' to 21' diameter to the City Council for approval. Mr. Herring seconded the motion. All ayes, no naves, motion carried. Item 22: CONSIDER THE PROPOSED AGREEMENT WITH DIMENSION DEVELOPMENT COMPANY, INC. AND DIMENSION-UNICORN LAKE ASSOCIATES, LTD. FOR OVERSIZE OF A SEWER LINE. Mr. Herring made a motion to recummend the proposed oversize agreement for a ii" to a 11" diameter sewer line wits. Dimension Development ~ompaliy, Inc. an Dimension-Unicorn Lake Associates, Ltd. for oversize of a sewer line to the City Council for approval, Ms. 3oyd seconded the motion. All ayes, no naves, notion carried. Iten 23: CONSIDER SANITARY SEWER LINE PRO-RACA AJ'dE:s;4E:Ji' 141rr MEAD04 2IDGE ADDITION. Mr. Coomes made a motion to recom;ianii to the City %uncil the proposed pro-rata ayreement witu 1actdo'a RiJ,j-- Addition for an a" sanitary sewer line for approval. Ir. Tnonpson seconded the motion. All ayes, no nayus, notion carried. Item 24: CONSIDER WATER AND SANITARY SEWER SERVICE TO ROLLING~IOOD ESTATES LOCATED OUTSIDE DENTON CITY LIMITS. Staff recommended no action at this time. Item 25: RECEIVE WORKORDER STATUS INFORMATION, ELECTRIC, OArER AND WASTEWATER SERVICE AREAS. Mr. Nelson presented the item to the 13vard infor;nin3 them that the list is up-to-date and shows wa:t is oeing done and what the status is on each project, me Board reviewed the material wita Mr. Nelson, 14r, Ham, and 14r. January 8, 1985 TO: MAYOR do MEMBERS OF THE CITY COUNCIL FROM: G. Chris 1-Innung, City Manager SU13XCT: Consider Texas Public Power Association invoice for 1985 membership dues. RECOMMENDATION: The Public Utilities Board at their meetiny of December 12, 19e4, recommended to the Council that subject invoice be approved. SUMMARY: Texas Public Power Association is the state association for public power. It's primary function Is to assist cities with municipal electric systems with legislation and keep the member cities abreast of legal, legislative and regulatory issues effecting their municipal electric systems. FISCAL IMPACT: Annual dues - $7,000.00 Source of Funds: Account 0610-008-0250-8505-E92i Respectfully submitted: j2 -0. 1 U. L r ' City Manager Prepared by: A. E. Nelson Director of Utilities APPAUVED: R. E. Nelson, .E. Director of Utilities Exhibit I TPPA invoice Exhibit 11 Check requisition Exhibit iii PUB Minutes--12/12/84 Exhibit IV Ordinance 0527j y'k . ~r ! :F tl F NO. AN ORDINANCE AUTHOR.ZING 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 THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the beet interest of the citizens of the City to provide public funds to continue membership in the American Public Power Association for the Denton Municipal Utilities; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Council hereby approves the expenditure of funds for membership in the American Public Power Association. SECTION 11. That the City Council authorizes the expenditure of $7,000.00 as specified in the attached invoice. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1984. CITY OF DENTON, TEXAS ATTEST: CHARLOTIL ALLLN CITY SECRETARY CITY OF DENTON,jTEXAS APPROVED AS TO LEGAL FORM: JOE Do MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: i~ t' Miry. road proisuient JOM 90 Air YtlaM.r'NU4.r1~....+ C'IV of 4 YAndrxan, ."qe of •.^r ~aEDDCI If Ndrel 6ardfU 1 G /Aanagfr. V! ! SlaDOn Marl NOV WV 13 P'84 aDfnbn r i 2nd VKf °rfa4fM • $,"A par, a r Crrr ManagN, c~lr Gtr or wf~mar lfCrt4ryr Tla,orN TOM VK4 milk M '"'r°r ILII!M TEXAS PUBLIC POWER ASSOCIATION Cary a wnmfr'NO MIASMAS NO 9 8 I,240 Mopac Eapraewey, Suite 29s • Awtin, Texas t8759 "V me U, so" Crh Mcnagv Gtr or Jpascr DeD!rr Cary Managtr Mr. G. Chris Hartung ..H°'1o°°a~ City Manager BudaMn. . Mara CITY OF DENTON LAiP Got D..r `a„r 215 E. McKinney Street °D~ Ghat a"q, Denton, TX 76201 Ca11011 VCDDra;d . ati owrasa in lut-00 °°a 7 L01 RE: 1985 TPPA Dues ED wagonN • Generar lAanagN. T 11 M°nK,,.1 Dear Mr. Hartung: Cora AgIi Ii Vorewom • If" w'n:f"eci The Board of Directors of the Texas Public Power. `wii7°°«N Association has approved the Association budget for 19F, C'tr a catopi Slandn The Board has determined that there will be no necessity ;°TD«Na.aper to increase dues for 1985 because of the 6-.vision of the °VreLMiBOArd City of Austin and the City of Garland to jVin the cefy C1 orssey"'"' Association. For those reasons the dues for 1985 will be the same as they were last year. The dues dre based on an °.t ll. the following formula t Marti Gtr or 6otrrt 1.25x: per thousand kwh sales for the first Cq MaragN. c'"01veamfrlord 50,000,000 kwh and then 1.750 per thousand kwh C n CDUn ouie' co«om." sales with a minimum dues of $500.00 and a ~;r'r Of i maximum dues of $7#000.00. D°r°mr I, so aso . 'Aare `.l'of 'f.raT Please make an accurate determination of d71Ef your most recent MEA,lUI m[ma annual kwh sales and apply the foregoing formula. yn tlm f The Board of Directors has anticipated growth in kwh sales in our planning processes, but several cities in the aurrH past have simply paid what they paid the year fefore. CNd,en Colman coilli Doi 7"°°^ Please ri;mit a^l°^ your 1985 TPPA dues to the Texas ,ublic Power X81• Associations offices in Austin, Texas at 8240 MoPac, Suite 298, Austin, Texas 78759 as Tbrd,da quickly as possible so that GaagHOwn iretler""f0ir'° the Association can maximize interest earning potential, G ddnga `3admillf Thank you for Y your continuing support of the Association ~amot«~a and we look forward to working with you in the coming 1985 rlondD Legislative Session on the many matters that effect llrtDyrdq municipally owned electric utilities in Texas. amde,A, L i N Yours truly, l R luliNaa Aarrton Af«ton Alms U0 fnbur ~9' g North Bardell St"` Tulle President MAMI rd Aloi roii'm rY~ilflDOrD C r .4r *k ~ ~r~kJkv ~~sy((Pl!~ r.. .yrL ~J~^rya~'►,'L{aT i.~k'iY;{ °y $7,000. " 11r' TEXAS PUBLIC POnR ASSOCIA4''IgDI vrILITY ADMINISTRATION 8240 Mopao Expressway, Suit3 2:8 Department January 2. 1985 Austin, Tx 78759 Date Acct-Balance Invoice date number and/or explanation Account No. Net Inv. Amount 1985 TRPA DUES 1,250 per thousand kwh sales for the first 50,000000 kwh and then 1.75; per thousand kwh sales with a minimum dues of $500 and a maximum dues of $7,000 610-008-0250- 8505-E921 $7,000.00 i i i I I i I As Approved by Denton City Council 1985 TOTAL $7,000.00 The above has been reviewed and recomaenda~ion for payment is made by the undersigned. Accounting Approvit Signature . City Manager Approval Director of E'inirice Approval Public Utility Board Minutes December 12, 1984 Page two Item 3: RECEIVE COMMENTS FROM MR. ROLAND VELA. Mr. Nelson advised that Mr. Vela called earlier in the day and expressed he would not be able to attend the meeting this evening. No action. Itemn 4: CONSIDER MINUTES OF THE PUBLIC UTILITIES BOARD MEETING OF NOVEMBER 151 1984. Mr. Coomes made a motion to approve the minutes. Ms. Boyd seconded the motion. All ayes, no naves, motion carried. Item 5: CONSIDER MINUTES OF THE PUBLIC UTILITIES BOARD MEETING OF NOVEMBER , Mr. Coomes made a motion to approve the Minutes. Mr. Herring seconded the motion. All ayes, no naves, motion carried. Item b: CONSIDER TEXAS PUBLIC POWER ASSOCIATION INVOICE FOR 1985 MEMBERSHIP DUES. otaff recommended accepting the invoice and recommending p.,yment to the Council. The Board questioned whether this was a part of the American Public Power Association. Mr. Nelson responded that it is not, but operates similar to the APPA. The Texas Public Power Association focuses on state issues rb9arding public power as well as keeping a close watch on the Texas Legislature, the Public Utility Commission, and court decisions. Mr. Herring made a motion to approve the invoice and recommend it to the Council for payment, Mr. Tnompson seconded the motion. Four ayes, no naves, (one Board member left the meeting shortly), motion carried. Itein 7: CONSIDER SUPPLEMENTAL AGREEMENT FOR RECREATION CONTRACT FOR RAY ROBERTS LAKE (MODIFICATION NUMBER P00001 TO CONTRACT NUMBER DACW - -C- Staff recommended approval of the contract and recommendation to the Council for adoption. The Board discussed the matter witn reference to whether the City of Denton had any real choice even a.s to increasing the cost of the project, Board discussion led to the conclusion tnat accepting the contract is in tye beYt interest of the citizens of Denton. Mr, Tnompeon made a motion to recommend the contract to the Council for adoption. Ms. Boyd seconded the motion, All ayes, no naves, :Motion carried. January 8, 1985 TO. MAYOR c4 MEMBE16 OF THE C1TY COUtJCIL , FROM- G. Chris Hartung, laity N1 onager SUBJECT: Consider Supplemental Agreement for Recreation Contract of Ray Roberts Lake (Modification No. P00001 to Contract Tlo. DACW63-80-C-0107). RECOMMENDATION- The Public Utilities Board, at their meeting of December 12, 1984, recommended to the Council approval of the Ray Roberts Lake Supplemental Agreement for Recreation Development and Fish and Wildlife Enhancement. SUMMARY. The cities of Denton and Dallas have been work: with the Corps of Engineers and the State of Texas for the pest year In developing a supplemental agreement to the recreation contract for Ray Roberts Lake. The supplemental agreement authorizes the Corps of Engineers to contract with the State of Texas for recreation development and fish and wildlife management at Ray Roberts Lake. This supplemental agreement, in conjunction with the contract between the Federal Government and the State of Texas establishes that the state will pay for 50% of the development of Isle Du Bois Park, 25% of the Greenbelt Corridor, for a total contribution of $11070,050, plus the State of Texas will operete and maintain all of the park propertles, lake lands and surface areas thereby relieving the cities of Denton and Dallas from this reshonslbllity. This supplemental agreement also establishes that the Greenbelt Corridor will meet the city of Denton and Dallas' obligation for recreational development external to Ray Roberts Lake as specified in the original contract. It also authorizes a fish and wildlife enhancement area at Ray Roberts Lake which includes a number of fish rearing ponds and water fowl wildlife areas. The total cost of all recreation and fish and wildlife enhancement costs is $37,853,000 of which the City of Denton will be responsible for $2,1:.7,555 payable over a 50 year period at an interest rate of 7.21%. This will represent $15812iY.48 per year for the City of Denton, or approximately $ .05 per 1000 gallons which equates to approximately $6 per year for the average residential customer in the City of Denton. FISCAL IMPAC,I s See Exhibit A-to the Supplemental Agreement to the Roy Roberts Recreation Contract. 3408Us16 71 Respectfully submitted: J',v1Ll:~,ac-~J Chris artung fJ City Manager Prepared byt R. E. I lelson Director of Utilities AP ROVE t rz f R. E. Nelson, P.E. Director of Utilities EXHIBIT I- Supplemental Agreement- Rey Roberts t-aS-e to Contract No. DACW63-80-C-0107 Modification No. P00001 It Ordinance III Ivilnutes PUB Meeting of 12/12/84 3408UtI7 DEPARTMENT OF THE ARMY ~r FORT WORTH DISTRICT, CORPS OF ENGINEERS P. O. 60X 17300 . FORT WORTH, TEXAS S 76102-0300 ~t~w ro ATT914T10N 00: Noverber 19, 1984 NOV 2 11984 Planning Division Mr. Chris Hartung City Manager, City of Denton Municipal Building Centon, Texas 76201 Dear Mr. Hartungi EhclosEd for your review is a draft supplemental agreement to the existing Ray Roberts and Lewisville Lakes recreation cost sharing contract between the city of Denton and the Federal Govern- ment (No. DACW63-C-0107). The purpose of the supplement is to enable the Texas Parks and Wildlife Department to assume a portion of the recreation responsibilities of the cities of Dallas and Denton at these projects. Also enclosld_tp d copy of the draft supplemental agreement '_o the city ofi°s' contract (No. DACW63-C-0106) and the draft cost sharing agreement between the Federal Government and the State of Texas for recreation develop- ment and management at the Ray Roberts Lake pre)ject. The contracts represent the current level of recreation and fish and wildlife development which have been agreed to by all concerned parties and approved in the Pay Roberts Lake Master Plan (DM 8). Also included are cost sharing provisions for the pro- posed Greenbelt Corridor which be cost shared by the Federal Government (37.50, the cities of Dallas and Denton (37.5!), and the State of Texas (25%). Previous contractual obligations of the cities of Dallas and Denton to cost share in new recreation facility development at Lewisville Lake have been deleted. If the general principles outlined within the draft supple- mental agreement to contract No. DACW63-C-0107 are satisfactory, please indicate your general concurrence in writing so we may proceed with review of the contract by higher Corps of thgineors authority$ a4a . rou gineer 1holosur es Contract No. OACW63-80-C-0107 Modification No. POO001 Ray Roberts Lake (Formerly Aubrey Lake) Supplemental Agreement Date: THIS SUPPLEMENTAL AGREEMENT, entered into on the above date by and between the United States of America (hereinafter called the Government), represented by the Contracting Officer executing this Agreement, and the city of Denton Denton County, Texas, (hereinafter called the City), WITNESSETH THAT: WHEREAS, under the terms and conditions of Contract DACW63-80-C-0107, the City, under Article 19, and the Government recognize that the State of Texas, by its Parks and Wildlife Department, may desire the use of all or a portion of the recreation facilities of Ray Roberts Lake (hereinafter called the Project); and WHEREAS, the State of Texas, by its Parkv and Wildlife Department (hereinafter, called the State) desires to participate in the development of such facilities; . NOW, THEREFORE, the original contract is hereby modified im the following oar•- ticular•s but in no others: 1. The sixth line of the Contract title is revised to read: "RECREATION DEVELOP W NT AND FISH AND WILDLIFE ENHANCEMENT," 2. The last WHEREAS clause is revised to read: "WHEREAS, the Government is authorized by the Federal 'Mater Protect Recreation Act (Public Law 89-72, 16 U.S,C, 460 -12 et seo,) to make contracts with non-Federal bodies for- development, management, and administration of the recreation and fish and wildlife resources of Federal water resource Drojects;" 3, ARTICLE 2, paragraph a, is revised to read: "The Government agrees to design, construct, and operate the Project to provide for enhancement of general recreation and fish and wildlife consistent with maximum utilization of water supply and flood control in the Project, Details on lands necessary for such enhancement are shown in the Project RECREATION RESOURCES 4PPENDiX-SUPPLEMENT NO, 1 to DESIGN KMORANOUM NO, 21 as concurred in by the City and incorporated herein by reference." 46 ARTICLE 2, oar•agr•aph b, is revised to read: "In addition to the lands to be acquired for the other authorized pur- poses, the Government will acqu're certain lands specifically to enhance 1 • the recreation-and fish and wildlife potential of the Project. The lands anticipated to be acquired for. all Protect purpos?s, including recreation, are those lands shown on Plates I-1, 1-2, and 1-3 of the above referenced approved RECREATION RESOURCES APPENDIX to DESIGN MEMORANDUM NO. 2." 5. ARTICLE 2, paragraph c, is revised to read: "The City, in cooperation with the Government, will prepare mutually acceptable Master Plans for- Ray Roberts Lake and Lewisville Lake which will depict and identify the types and quantities of facilities which the City and the Government will construct in accordance with this contract. The presently estimated cost of facilities to be so provided is contained in Exhibit A. entitled "Estimated Sin vable Recreation and Fish and Wildlife Enhancement Costs," attached hereto and made a part hereof. Such esti- mate of facilities cost is subject to reasonable adjustment as aoorooriate upon aoproval of the above mentioned Master Plans and completion of construc- tion." 6. ARTICLE 2, paragraph e, is deleted, 7. ARTICLE 3. a. The first par•acraph is revised to read: . 'Consideration and payment. Each party hereto will pay or contribute in kind firty percent o e separable cost of initial and future recreation development of that portion of the total development participated in by the city. The city will pay or contribute in kind twenty-five oercent (25%) and the Government will pay or contribute in kind sevety-five percent (75%) of the seoarable cost of fish and wildlife enhancement of that portion participated in by the city. In addition, as between the parries hereto and except as may be specified to the contrary in any separate contract between the parries, the Government will pay one-hundred percent (100211 of the joint costs of the mroject allocated to recreation.' b. Paragraph a. Is revised to read: "a. Initial development. The city's separable first costs of initial recreation an s an, wildlife enhancement development is estimated to be S2128n,255. This amount shall be paid to the Government by the city as follows:" c. In paragraph a(4) insert "and fish and wildlife enhancement" on l+ne 7 immediately after, the word "development." P. ARTICLE 31 par•ariraph b(1), is revised to indicate that the City's share of the future development cost, based on 1 September 1484 prices, is S1,875,250. 2 • 9. ARTICLE 7, Operation and maintenance, is revised to read: "The State of Texas, by Its Parks and Wildlife Department, will be r•esoon- sible for operation, maintenance, and replacement of all facilities developed to support Project recreation and fish and wildlife enhancement opportunities. This obligation of the State is covered under the terms of a State contract, a copy of which is attached as Exhibit H." 10. ARTICLE 19, Alternate local sponsor, is revised to read: "The State of Texas, by Its Parks and Wildlife Department, is entering into a contract concurrently herewith for recreation development and fish and wildlife management at the Project, a copy of which is attached as Exhibit H. The effect of the State contract is that the State assumes part of the respon- sibility for recreation development which was to be borne by the City under the original terms of this contract. However, !n the event the State is without full authority and capability to perform the terms of ics agreement with the Government and to pay damages, if necessary, in the event of failure to per-form, then the Government shall have the right to r-mire the City, and the City agrees, upon 60 days notice, to perform the obligations of the State under t1he terms of such contract with the State, and the leases granted to the State pursuant to the State contract." 11. Exhibit A, "Estimated Separable Recreation Cost," is deleted and the attached Exhibit A, "Estimated Separable Recreation and Fish and 'iildlfe • Enhancement Costs" substituted therefor-. 12. Exhibit B, "Payment Schedule - Initial Development," is deleted and the attached Exhibit B, "Payment Schedule - Initial Development" substituted therefor. 13. All other terms and conditions of the original contract shall be and remain the sane. 14. This Supplemental Agreement shall be subject to the written approval of the Secretary of the Army and shall not be binding until so approved. 3 IN WITI!ESS WHEREOF, the parties hereto have executed this contract as of the day and yRar• first above written. • APPROYEO: THE UNITED STATES OF AMERICA ece"fa'ry o e ►my v orTj By Colonel, CE Contracting Officer Date Date COUNTERSIGNED: CITY OF DENTON, TEXAS By Jol n ccrane, City nance Officer ►r s Hartung City of Ualias, Texas City Manager APPROVED AS TO FORM: Joe .Morrie, Acting City Attorney City of Denton, Texas I, Charlotte Allen, certify that I am the City Secretary of the City of Denton, Denton County, Texas, named as City herein; that Chris Hartung who signed this Supolemental Agreement on behalf of the City of Denton was then City Manager of the City of Denton, Texas; that said Supplemental Agreement was duly signed for and on behalf of the City of Denton, Texas, by authority of Its governing body and is within the scope of its legal powers. IN WITNESS WHEREOF, I have hereunto affixed my hand and sea', of said City of Denton, Texas, this day of 184, ar o e en • Secretory City of Denton. Texas CORPORATE SEAL I I 4 . Contract No. DACW63-800 07 RAY ROBERTS AND LEWISVILLE LAKES EXHIBIT A 1 - ESTIMATED SEPARABLE RECREATION AND FISH ..'.ND WILDLIFE ENHANCEMENT COSTS 11 ep em ei prices) Acct 110. Feature initial development Future development Total A. Recreation Development at Ray Roberts Lake 01 Land purchase (public use areas) S 4,860,000 S 40860,000 03 Reservoir (clearinq public use areas) 710,OOn 710,000 14 Recreation facilities 24,428,000 5190538,000 43,966,000 30 Engineering and design 2,028,n00 11622,000 39650,000 31 Supervision and administration 1 783,0n0 104260000 3,2 Sr,btntal 9. Fish and Wildlife Enhancement at ay Roberts late 06 Fish and wildlife enhancement 871,0QV 8710000 30 Engineering and design 72,000 720000 31 Supervision and administration 64 000 64 000 Subtotal 'S 1,007 3 -T;7;OOO C. Recreation Development for Creenbelt Copiidor. 01 Land purchase Ipublic use areas} 2,3452000 293455000 14 Recreation facilities 600,000 6000(100 30 Engineering and design 490000 4q,00n 31 Supervision and administration 43#610 43,0(10 Subtotal 390371 OM ;3003r Total Recreation and Fish and Wildlife Enhancement Costs $37,853,000 $22,6860000 $60,4399000 11 - ESTIMATED REIMBII ENT BY LOCAL INTERESTS • Percent Initial development Future development Total A. Recreation development at Ray Roberts Lake 1/ Isle duBois Park a e o exas 50 $10,244,500 f 4,0800500 $1403250000 All Parks Except Isle duBois_Park Cities 50 6,792,000 7,212,500 ,001,'00 City of Dallas (37) (5,026,000) (50337,250) 14,001,'00 363 250) City of Denton (13) (11766,000) (1 8250) Subtotal (3 64l 250) B. Recreation Development for Greenbelt Corridor 21 State of Texas Cities 25 1591250 37'5 759,250 City of Dallas 1,138,815 1,138,875 City of Denton (27,75) (842,770) (842.)70) a Subtotal (9.75) (2966105) (296 1051 Co Fish and Wildlife Enhancement at Ray Roberts Lake 3/ Cities 25 251,750 City of Dallas 251,750 City of Denton (18.S) (186,300) (1861300) (6.5) (65,450) (65,',50) D, Total Reimbursement State of Texas 11 003 150 City of Dallas 9 p 4,080,500 15 08q 250 City of Denton 600550070 5,337,250 1103929320 Total ~ ~7 655 875 0 q 002 8or 1/ Recreation development at Ray Roberts Lake is being participac.,d in at the following ratio: Local interests - 50% Government 50% 2/ The Greenbelt Corridor is being participated in at the following ratio; Cities of Dallas and Denton - 37.5$ The State of Texas 25,0% The Government 37,5% Fish and wildlife enhancement at Ray Roberts Lake is being participated in at the following ratio: Cities of Dallas and Denton - 26% The Government - 75% IlI - ESTIMATED REIHIURSEMENT 8Y THE MY OF DENTON Initial development Future development Total Recreation development at Ray Roberts Lake $1,7669000 s1,875t250 $396412250 Recreation development for Greenbelt Coiridor. 296 105 296 115 Fish and wildlife enhancement for Ray Roberts Lake 65,450 650450 Subtotal % 55 3T,875j259 Interest durinq construction 152,700 Total S?j281;733 n w f:-YheEi''T S:HEI~UL'e N ITiAL E. R A'i0h', E:.H 8 l:IIF', iFE I• cLQFM~r+- • -------------------------r__'F_t'_N_,0~1.-_j E_ tr18__----_ r L' . . I NL N` _5 - IN-_:RE3' "ATE - 0:00 ♦ - - `-)L-------F T-_---------A - 72 6?14 SC 7) :5!736 !4 2'.:278: :~3~:9 43 _ ^ ~ •133.=:. • .4.;45.19 -3.~? 1:. 1:3019.4^ ~ r.ro 14. r, ~4 irC~r_?.tiC l '~7 =.r/r '~ir7 4v•.•~~ 1v . .1e 1_^137. 9 _._Z444.J Y 15315.55 1r . Jr7a r,,`IyC 6r p G I--Df 24 :714 _,3L19.a° 13z7 4.i3 _:r i 'or1°.At 8 13-ZK3. "3 `C- 26 r'vr. . =l it _ -1 .3 , r _ ~.v4.C ' IE~2194 12:':35 152 30 • 2 Cr .S ir1.4~ ♦G:r JG:v~r. 6s ♦ ~ 7 n 31 IJ3219.43 S9POA.37 _314.;1 1;:?SS:.4s 32 :.~,3r19 4 11S'. r 702. J 33 153219. 43 1:30.31. '33 45153 . 1: 1:;:2 ,1 • rc 34 :53219.43 773 x.10 . r, 4c446. 1 24%a;'JV%.9_uur 1 •.~_20.30 °.:8 •4221ZS !_I 36 1°_..3:9.48 102535.42 4 . :22 r = 100 13 ~~4a4. 7^ 3 __.c !.43 - -`20 . 5 L 4pY_-v pr - 1 6 7 1 r 38 1s82I9. ; 3 J7♦•JJ, 0~. :522i,-1.48 48 r~i r'•1116.38 . 4'L1 :3 . !0 J J 9 2896v1 .7b 1 5 4, 2 1 . 0 0 40 158211143 34654.,:, 5,06 11CC560.02 41 158219.48 79:,50.38 2869120 .4'Z. _6r.5. ?2 . -:2 15319.43 73663.92 345 VJ.56 ~Z '2Z 51 3: .13 : 58219 o48 67567446 = D65? . •?2 846433.34 44 158219/48 6:031145 97128,03 74^.95.31 is is 1582119~ . -le i 1'502'1 r~ 6 iJ82~714G 46511,71 '•}'{.~J. :~J~•1 'J. ✓•1 1.• =707. r r 1 ~y • It 1 -I r ll r~ wi 3a.495; 1 518 li?-61 ?o 4 S5 75 ~3o~ti/. d 4 8 158219,45 29S2:175 1~831617 3 r. e.•'t .48 S61 . 34 1376S 1,14 7~9. 4a LEa5EL AREA Mup r1 , 1 , I _ \ 1 I' r n.v0 . 1 Ii 1 + ~ I al 4i ti~ ! I I ~ ~ l ilI C. aK(~ J ~ \ ...~vP i. Vf. It+R 41(R 1 I i.~.. ` I /'./9t 1 Paul ~ Pp~t ~ I. LEGEND naw • it6fD aa[a 0" vl~~ oil MA7a C1MLM 1\M II .CP1LS JCOt N MM *It Cfto Rl tlu IMo4/VM -gat hCM[e 000 .iSlCtl 1➢._YY[,l Cft4l access to AcAto P wa1 ALPO ■a.C toL~ .Jla A;ML I l LEGEND • LEASED AREA 4,400 acBE• S f _ +Y :11 p GlE 1 1 F h1 o ' rl :.c . r _ i'I r 1 r I r l~ 1 1 1 ~ I l 1 w. r 11 1 1 1 r' • " i 1. i M O ! I ! S ar w- i S1EI:Ei 2 l7t<2 N DEPARTMENT OF THE ARMY FORT WORTH DISTRICT. CORPS OF a'NGIN[[Re P. O, DOX 17300 FORT WORTH. MAS 74102.0300 ap~ 13 P10V *84 Planning Division NOV 19 194.1 PUBLIC NOTICE CITY vA GREENBELT CORRIDOR BETWEEN RAY ROBERTS DAM AND LEWISVILLE LAKE Interested parties are hereby notified that the Fort Worth District, Corps of Engineers, is recommending development of a greenbelt corridor between Ray Roberts Daa and Lewisville Lake to highAr Corps authority for review and approval. Further, the Fort Korth District has determined that although needs exist for both lake-type and stream-oriented recreation, the broad public' Interest would best be served through development of a greenbelt corridor at this time, with development of aew recreation facili- ties at Lewisville Lake deferred to a future data. Background. Vouse Document 276, dated August 25, 1965, the authorizing document for Ray Roberts Lake, authorized a raise in • the pool elevation of Lewisville Lake. It also authorized reloca- tion of affected recreation facilities, development of new facili- ties, and acquisition r,f lar.s for public use and access at Lewisville Lake. A gt'eenblilt corridor between the lakes was ori- ginally proposed as a, recreation alternative in tho 1974 General Design Memorandum for Ray Roberts Lake. At that time the proposal received the eadorsestats of the U.S.Fish aad Wildlife Service and the Texas Parks and Wildlife Department (TPWD). In 1976 the TPWD expressed an Interest in coat-shartag in a greenbelt and requested that the Corps of Engineers investigate the proposal further. Due to unsettled water rights issues between the cities of Dallas and Denton, sponsors of the Ray Roberts project, detailed evaluations of the greenbelt were not made at that time. When water rights issues were settled in 1980, the cities of Dallas and Denton entered into water supply/recreation contracts with the Corps of Engineero. Those contracts include the plan for recreation development at Lewisville Lake which had been recommended in the 1974 General Design Memorandum. Master planning for recreation development at Ray Roberts and Lewisville Lakes was initiated in 1981. In January of 19830 the city of Dallas requested that the Fort Worth District investigate the feasibility of substituting a greenbelt corridor for the new facilities development at Lewisville Lake for which the project sponsors are contractually obligated. A public notice was issued in July 1983, which presented the results of that investigation and recommended that a greenbelt be implemented in lieu of new facilities development at Lewisville Lake. Reasons for that recosimecdation worst monetary savings to the federal Government • and local sponsors; lower operation and maintenance costs; opera- tion and aaintenance by the most capable manager, the TPHD; unique recreation opportunities provided; and, equivalent economic bene- fits.Cncerns of existing landowners and approval of higher Corps Atfthorittes were identified as issues that remained to be resolved. Due to public concerns, the comment period on the recom- mendation vas extended beyond the initial 30-day period. A public meeting was held in Aubrey, Texas, on September 16, 1983. Statements at that meeting, like comments received on the public notice, were about equally divided between those opposed to and those in favor of the proposal. Opposition was expressed pri- marily by landowners to the corridor area, and support was expressed primarily by public agencies, governmental entities, and environmental groups. During this comment period, the District's higher Corps authority, the Southwestern Division in Dallas, pro- vided comments on the Fort Worth District's mammendation. The Southwestern Division expressed the opinion that substitution of the greenbelt for now facilities is not an acceptable trade-off since they provide different types of recreation benefits. The Division Office also questioned the discretionary authority of the Chief of Engineers to approve the greenbelt but allowed the District to continue to evaluate the greenbelt on its own merits as an additional recreation feature at Lewisville Luke. Southwestern Division has stated that if a greenbelt is recom- mended, determination of discretionary authority by the Office of the Chief of Engineers or Congressional authorization may be required. On December 1S, 1983, the Fort Worth District issued a public notice that the study of the greenbelt corridor proposal would be continued. Several alternative place were formulated to address authorized recreation development at Lewisville Lake, and all but three were eliminated due to inconsistency with Corps recreation planning philosophy or lack of support by the project sponsors and/or TPUD- The three plans considered in detail include: (1) new facilities at Hickory Creek Park, (2) a "greenbelt only" with no 4dditional facilities development, and (3) a combination plan with a greenbelt and new facilities at Hickory Creek Park (Plate 1). All three of these plans include the relocation of all fa its affected by the Lewisville Lake pool raise. On April 3, 198>0W public workshop was held, again in Aubrey, Texas, to obtain the input of interested parties. Many landowners again expressed opposition to the greenbelt but stated milder objection to conservation easements or a smaller greenbelt. Environmental- ists and reireationtsts stated overwhelming support for a full size greenbelt corridor. Almost all parties recognised a need for new flat water type recreation facilities, but no support was spe- cifically expressed for a facilities-only plan. lv ;r.~ F i. -3- Ptopoaedf"Aetion. As a result of continued reevaluation of project economics, extensive public involvement, and coordination with the project sponsors, it has been determined that the broad public interest would best be served through development of the greenbelt at this time with a plan for new facilities development at Hickory Creek Park at a future date. The greenbelt as recommended in- cludes fee acquisition of about 660 acres, conversion of about 440 acres of existing flowage easement lands to fee simple, and acquisition of a conservation easement on about 500 acres adjacent to the upstream portion of the corridor (Plate 2). The lands to be acquired in fee would be the minimum that TPWD considers to be viable for streaw-oriented recreation pursuits between the lakes. Acquisition of conservation easements adjacent to the corridor would assure that the rural character of the river corridor remains intact and would provide a visual buffer between the river and future development. Easement provisions would allow )and- owdoie to retain title to their lands and would allow for con- tinuance of existing agricultural pursuits such as pasture and row crops. RRstrictions on more intensive agricultural use and on structures such as residences, barns, or outbuildings would be conditions of the conservation easements so that the area's rural character would not be lost. The corridor would be delineated along the fee acquisition line, and all recreation trails, primi- tive campsites, access points, and boat launching facilities would be located on fee lands. The proposed future facilities development would be cost- shared by willing sponsors as desires and needs dictate. The future sponsors would operate and maintain new facilities in Hickory Creek Park as a state, local, or regional park, depending on sponsorship. Proposed future development would coosist of a total of approximately 165 camping and picnic units, boat launching lanes, and other associated facilities. Plate 1 shows the location of Hickory Creek Park. Development of Hickory Creek Park in the future would help to meet needs for flat water recreation facilities. Although such needs currently exist, there is no willing sponsor for these facilities at this time, and the resource will remain available for future development. The TPWD is currently developing Lewisville Lake State Park on the east side of the lake and has stated no desire to participate in Hickory Creek Park at this time. First costs of the greenbelt would be shared by Dallas, Denton, TPWD, and the Corps of Engineers. Operation and main- tenance of all public land from Highway 380 upstream to Ray Roberts Dam, including the greenbelt, would be by the TPWD. Total first cost of the greenbelt corridor is estimated at $3,0360500. The greenbelt corridor pian has a benefit to cost ratio of 5.35 to 1.0. By comparison, the combination plan and the facilities only plan have benefit to cost ratios of 4.01 and 3.33, respectively. The combination plan, however, has the greatest net excess bene- fits ($20464,600) of all alternatives considered and would provide • the greatest diversity of recreation benefits, but its increased -4- costs (6730360500 first cost) are considered unacceptable to the recreation sponsors. An Environmental Impact Assessment has been F made of the proposed action pursuant to the requirements of the National Environmental Policy Act. Upon completion of the public comment period, this recommendation will be incorporated into the update of the master plan for Lewisville Lake which is scheduled to be submitted to the Southwestern Division Office in Dallas for approval In December 1984. Although the Port Korth District interprets this recommendation to be within the scope of the authorizing document, it is likely that the recommendation will be forwarded by Southwestern Division to the Office of the Chief of Engineers for reviev of discretionar; authority. This public notice is being distributed to all known interested part.'es in order to assist in developing facts upon which a final decision by the U.S. Army Corps of Eogineers may be based. A public meeting has not been scheduled but will be con- sidered if a justifiable request is received in writing prior to the close of the comment period. Copies of the Environmental Impact Assessment may be obtained by contacting Mr. Roger Hamilton or Mr. Paul Hathora at telephone number (617) 334-2095. Comments regarding this Public Notice or the Environmental Impact Assessment should be addressed to the District Engineer, Fort Worth District, 819 Taylor Street, Fort Worth, Texas 76102-0300. All factors which may be relevant to the proposal will be con- sidered. Within 30 working days of the date of this notice, if no significant comments are received, it will be considered that there are no objections, THEODORE STROUP Colonel, CE District Engineer 1 p y 1 14a r • ~rWd ~1'lf n.,S~ it w,'°~ 4~ r.' t a a 'rev `~r~Y 1 ~ ~~'..r w E" ~ ~ 4+ . '4 ! ,,.i ` w~r fa A LECAlF DESCRI? .TI0 N R r;, r' 4L f.. y. > l `t 5'hn 1 r!:'~a' r Y'! 1,' ~w"3 a °1 Being that tract of land situstadrin the John MCGoaan Survey, Abstract 797, the M.E.P. t P.R.A: Co:'Survey,Abstract 950, S. F. Reynolds Survey, Abstract 1654, and the Cyprion Poullalier,Survey,'Abstract 1006, Denton County, Texas and being y part of. a (called) 181.92-acre tract'and all of a (called) 1.561-acre tract in said Poullaller Survey, as described in a deed from Patrick B. Gibbons, Substitute Trustee, to the,.Syuod of Texas Presbyterian Foundation on January 4, 19719 recorded In Volume 819, Page 268, Deed Records of Denton County, Texas, and being that tract of land described in a deed from Shaul C. Baruch to Dimension Development Company, recorded in Volume 1284, Page 720, Deed Records of Denton County, Texas (D R D C T), and being more particularly described as follows- BEGINNING at a found 1/2-inch iron rod at a fence corner, said point being the northwest corner of said 181.92-acre tract and the southwest corner of a tract of land conveyed to American Savings Association as recorded in Volume 668, Page 367, ORDCT; THENCE North 8904959" East, generally along a fence, 3,144.56 feet to a found 1/2-inch iron rod at a fence corner at the north northeast corner of said 181.92- acre tract and on the coiled east line of, the J. McGowan Survey; THEN CE South 0046111" East, along said survey line and generally along a fence, 306.11 feet to a found 1/2-inch Iron rod at a fence corner; THENCE North 89049'15" East, with the called north line of the M.E.P. t P.R.R. Co. Survey and generally along a fence, 1,D13.43 feet to a found 1/2-inch iron rod at the east northeast corner of said 181.92-acre tract, and from said 1/1-inch iron rod a fence corner bears south 2.0 feet; THENCE South 0°20914" West, Generally along a fence, 1,589.72 feet to a found 1/2-inch iron rod at the souther: corner of said 181.92-acre tract, and from said 1/2-inch iron rod a fence corner bears west 0.8 feet; T HE N C E North 88023'46" West, generals; along a fence and passing the southwest corner of the S. F. Reynolds Survey, which Is on the east 'rFne of the J. Fisher Survey, 3,561.36 feet to a point for corner on the easterly right-of-way cf F.H. Highway 2181, and from said corner a 1/2-inch iron rod bears North 88024' West, 0.73 feet; THENCE northwesterly along the easterly right-of-way of F.H. Highway 2181, along said right-of-way around a curve to the left having a central angle of 71 18'23", a radius of 761.0 feet, an arc length of 947.34 feet, and a chord bearing and distance of North 42 58106" west, 887.37 feet to a point for corner at the southeast corner of a 5-acre tract in the J. Fisher Survey as described In a deed from Denton Estates N.W. to John J. Cassata and recorded in VoIgme 1077, Page 606, 0 R D CT, and from said point a 1/2-inch iron rod bears South 0 37' West, 0.57 feet; THENCE North 0036'41" East, 1,134.51 feet passing the northeast corner of said 5- acre tract to the POINT OF BEGINNING and containing 161.66 acres, more or less, SAVE AND EXCEPT that 3.95-acre tract of land conveyed to the City of Denton by Dimension Development Company In instrument dated December, 1983, DROCT, • EVIBIT "B-1" Y C. ell LEGAL DESCRIPT40N All that zertain 136.365-acre tract, or parcel of land situated In the M.E.P. d P.R.R. Co. Survey, Abstract 950, Denton County, Texas;'said tract being a part of a First tract shown by deed to Foxworth-C7albraith Luber Company and recorded in Volume 474, Page 491 of the Deed Records of Denton County, Texas and being more particularly described as follows: BE GIN NI N G, for the East corner of the tract being described herein at an iron pin found set in concrete in the southwest right-of-way of Interstate Highway 35 East, said corner being the most northern corner of tract of 1.570 acres as shown by deed to Jester's Inc. and recorded in Volume 571, Page 39, of Deed Records of Denton County, Texas; THENCE South 38023'25" West, along the northwest boundary line of the past mentioned 1.510-acre Josten's Inc. tract, 345.37 feet to a steel pin in concrete for the west corner of the above mentioned 1.570-acre tract, and being an Inner el corner on the Original Foxworth- Galbraith Lumber Company First Tract; .THENCE South 02039'24" West, 2,391.49 feet to a large round fence corner post, for the southeast corner of the Foxworth-Galbraith Lumber Company First Tract, same being an Inner el corner on the Denton State School tract; THEN CE South 89045'02" west, along fenceline and the North Boundary Line of the above mentioned Denton State School Tract, 1,881.3D feet to a steel pin on the west side of a corner post for the southwest corner of the Foxworth-Galbraith Lumber Company First Tract, and being in the west Boundary Line of the H.E.P. 6 F.R.R. Company Survey, Abstract 950; THENCE North 0026'59" East, with a fence a distance of 3,027.40 feet to an iron pin set in the ground at the southwest corner of a 15.137-acre tract; THENCE East with the southllne of said 15.137-acre tract, a distance of 1,274.0 feet to an iron pin set in the ground at the southeast corner of said 15.137- acre tract; THENCE North 40003' East, a distance of 309.61 feet to an Iron pin set in the ground in said southwest right-of-way of Interstate Highway 35 East and also being the east corner of said 15.137-acre tract; THENCE South 4957' East, with said right-of-way a distance of 927.03 feet to the POINT OF BEGINNING. EXHIBIT "B-2" ~r SKI I ML S U R V E 1' O R S N n T E S F'ir:;t Tract: Alt hint certain 66.4808 acre tractor parcel of land situateartnoEi~the tradt~describedein part t Abstract Number 797, Denton County, Texas; said tract being deed from 5outhridg,e Association, Inc. to American Savings Association of Dallas as recorded in Volume 668, page 376 of the Deed Records of Denton County, Texas; said tract befiig,moth 4 fully described herein by metes and bounds as follows: Beginning for the most northerly north e!,t corner of the tract being described 6t6in, an iron pin found at the northeast corner of Lot 19, Block 38 Southridge as recorded in V61Utik Q, page 33 of the Plat Records of Denton Col+nty, Texas; Thence the following calls along, along a southline of aforementioned Block 38 Southridge r' South 70 degrees 14 minutes 56 seconds Fast 33.1 feet, an iron pin set, ; South 69 degrees 05 minutes East 108.38 feet, an iron pin set; South 70 degrees 45 minutes 50 seconds East 110.8 feet, a found iron pin, South 75 degrees 31 minutes 24 seconds Fast 116.61 feet, an iron pin set, E South 83 degrees 27 minutes 04 seconds East 115.3 feet, an iron pin set, ~ South 89 degrees 46 minutes 24 seconds East 142.4 feet, an iron pin sel, H North 84 degrees 14 minutes 06 seconds East 143.0 feet, an iron pin set, North 69 degrees 25 minutes 36 seconds East 140.0 feet, an iron pin set, North 69 degrees ?3 minutes 37 seconds East 126.8 feet, aan"Iron npinefound,box~ seconds East 140.2 feet North 56 degrees .9 minutes North 56 degrees 30 mir.utes 12 seconds East 126.83 feet, an iron pin found, and North 45 degrees 17 minutes 17 seconds East 193.04 feet to an iron pin found in the North- east Itne of Southridge Drive; Thence North 38 degrees 05 minutes 14 seconds west 312.88 feet oithethenortheasthooundarplatne of Southridge Drive to the most south cornewf Lot 22, recorded in Volume 3, page 51 of the Plat Records if Denton County, Texas; Thence the following, calls with the occupied back of lot line of said Mock 4 ! North 50 degrees 18 minutes 40 seconds East 134.32 feet, a found iron pin, North 38 degrees 58 minutes 30 seconds East 227.2 feet, an iron pin set, North 17 degrees 40 minutes 31 seconds East 89.27 feet, an iron pin set, North 27 degrees 16 minutes 50 seconCast 313.14feet, aanion pin found and North 89 degrees 17 minutes 17 seconds Thence South 01 degrees 08 minutes 45 seconds East 445,08 feet to the southwest turner of Lot ' 8, Block 2, Erwin Subdivision; Thence North RQ degrees 46 minutr-i 11 seconds East 309.89 feet with the soubltllne of -the Erwin i • W--9 WICL, 1 . , North li degreva t40 mtt;arcs 31 seconds Last 89.27 reef, an i:o,•. Pill set, ' North 27 degrees 16 minutes 50 second, I:nst 313.1 feet, an iron pin found and North 89 degrees 17 minutes 17 seconds last 302.24 feet, an iron pin set-. Thence South 01 degrees 08 minutes 45 seconds East 445.08 feet to the southwest corner of Lot. 8, Block 2, Erwin Sub-division; nu sua:r WE. _ Thence North 89 degrees 46 minutes 11 seconds East. 309.89 feet with the soubhline of the Erwin Subdivision to an iron pin at the northwest corner of a tract conveyed to the City of Denton, by deed of record In Volume 1340, page 223, in said deed records for northeast corner of thiat Thence with the westline of said City of Denton tract with a curve to the left with a radius of 753.62 feet, a central angle of _+n dei;rees 19 minutes 16 seconds, a tangent of 204 10. feet for n distance of 398.63 feet to an iron pin set at the end of said curve, and South 28 degret 49 minutes 03 seconds'West 1623.21 feet to the south line )f said McGowan Survey; L Thence South 88 degrees 40 minutes 15 seconds West 1743.96 feet with the north line ,of a-.tract conveyed to Harmon by deed of record in Volume 467, page 143 in said Deed Records td'.tk6,-1soUth- west corner of this and northwest corner of said Harmon tract, an iron pin set; Thence North 00 degrees 33 minutes 46 seconds West 418.24 feet to an iron pin at the northeast corner of the tract described in deed from Nichols to Heiser and Sullivan as recorded%iti Volume b4 635, page 60, in said deed records; r7 Thence the following, calls with a south and east lin,* of Southridge as recorded in Volume 90 ba page 33, in the Plat Records of itd County; w Nortli 88 degrees 36 minutes 10 sucUllds Eant 47.2 feet, an iron pin set, North 01 degrees 22 ininutes 20 seconds West 139.2 feet, an iron pin set, North 87 degrees 50 minutes 30 seconds Cast 12.2 feet, an iron pin set in the Southline of Lynhurst; North 12 degrees 44 minutes 20 seconds East 1.68.3 feet, an iron pin set, North 25 degrees 06 minutes 103.7 feet nn iron pin set, North 43 degrees 21 minutes 10 seconds East 128.0 feet, an iron pin set, North 33 degrees 15 minutes 40 seconds East 109.0 fret, an iron pin set in the southlitle of Hollyhill Drive; and with arc of curve whose chord bears South 69 degrees 32 minutes 45 ' seconds Easti56.64 feet to an iron pin In the southiine of 11ollyh111 Drive at the end'of said curve, and North 24 degrees 04 minutes 20 seconds East 195.0 feet to the place of be- ginning. Second 'tract All 6F - at curtain 48.9410 acre tract or parcel of land, a part of the John McGowan Survey, Abstract Number 797, in the City and County of Denton, Texas, and being the East part of that certaiki tract described in deed from Weitzman, Trustee to Denton Residential N.V. by deed of record in Volume 986, page 923, io the deed records of said'County, and Beginning, at the southeast corner of the Denton Residential tract mentioned above, the sovlth east turner of said McGowan Survey, an iron pin found for southeast corner of this; ulFl JIM Thence Souti. 83 uegrees isri :5 SLcoal~ s S:2ivw..: Fv.'- :o ',atit GL -Lhe boutn' Fir east corner of a tract conveyed Lo,the City of Denton by deed of record in Volume. 1340, page 223, in said deed.rec,)rds for southwest corner of this, an iron pin for corner; Thence with the eastlfne of said Citv tract North 26 degrees 49 minutes 03 seconds East 1576, feet to iron pin set at the beginning of a curve to the left, and with said curve, with a eer e tral angle of 30 degrees 19 minutes 16 seconds, a radius of 833.26 feet, a tangent of 225.78 feet, for an arc distance of 440.96 feet to irdn pin at the end of said curve, for northwest corner of this; 'thence North 89 degrees 46 minutes 11 seconds Fast 184.93 feet to iron pin found for north northeast cornerof this at the nor0west corner of tract conveyed to Burns of record itt Vdiu%, 455, page 647, in said deed records; Thence South 02 degrees 04 minutes 25 seconds-Fast 758.1 feet to iron pin set at the southwes corner of said Burns tract; Thence North 88 degrees 41 minutes 55 seconds East 1043.2 feet to an iron pinJaund'on Ahe' eastline of said McGowan Survey for east northeast corner of this= Thence South 02 degrees 25 minutes 23 seconds East 1024.84 feet to the place of beginnings These surveyors notes, with map, were prepared from a survey a:tually made on the ground,' (-%E it %ip D. Thomas 8. King, T as Reistered Public Surveyor No. 4 5 U 0: April 10, 1984 ,et• v. S• e 4 • R 4 REV. S• 10•8%t i I i} i t1ELUS. FOWAROS L AsSM.t 11? t f i1R? W*.4?!1 PRIVct rrmr~. (M. I r 11TS n 1 FI CAL 5UMalARY {ESTItiATfiS . ) rY :Developers' •Shire=''~ + • v a . ~ . Joy ` ~ `y ,~r " -15" 4 $28:50 x:,7.230'= '$206,055 a ice: c C': j,. .t yr, ra . Dimension Development Co. $ Dimension-Unicorn Lake Assoc. LTD Share 1552~27 gpp__m 79.01 $1620783 19 Z g pm Southridge Place Joint Venture Share 40S gpm 21.01 $43,272 1§32 ape City's Share Difference for oversize between 1S" @ $28.50/ft and 21" @ $45/ft • $16.50/ft x 7230' $119.295 TOTAL ESTIMATED COST FOR 7230' x $45/LF $3259350 3303Us4 EXHIBIT "C" Iii ~,l'.. It tn4*tk r ,SI„`f x.Ay z ♦A 6v"M1^a T~ lrs tw~~1.~~~'F - lF+ 'S ! "b1t~4" t.~ 4p t• "S•' t. 1 'ri . - 1 y Ci + r ~ft(~G tIL-L n " t r7 ~f. "la 1 - a~r, -G i 4,i a~ a~x rr 11 r ry.r1 `Mh . We a "T, a ti] V!r4 t r _ Y 1 .CERTIFICATE OF ACTUAL CONSTRUCTION COSTS EXHIBIT "D" S I i ahl I"' 0956E • NO. AN ORDINANCE APPROIING A SUPPLEMENTAL AGREEMENT TO A PRICK APPROVED CONTRACT 8 TWEEN THE CITY OF DENTON AND THE UNITED STATES OF AMERICA, C)NCEKNING COST OF ACQUISITION, CONSTRUCTION AND MAINTENANCE OF RLIREATIONAL FACILITIES FOR LAKE LEWISVILLE, LAKE RAY ROBERTS AND "HE GREENBELT CORRIDOR., AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Denton to approve s supplemental agreement to a prior approved contract between the City of Denton and the United States of America concerning the cost of dcqul.sition, construction and maintenance of recreational facilities f.or Lake Lewisville, Lake Ray Roberts and the Greenbelt Corridor; and WHEKEAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expendivires of more than $3,000; and WHEREAS, Section 1.09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenJiture of funds or for the contracting for indebtedness shay. be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby authorized and directed to execute and a;:test, respectively, the supplemental agreement to a prior approved contract between the City of Denton, and the United States of America, concerning the cost of acquisition, construction and maintenance of recreational facilities for Lake Lewisville, Lake Ray Roberts and the Greenbelt Corridor under the terms and conditions being contained in said supplemental agreement which is attached hereto and made a part hereof. SECTION It. That this ordinance shall become effective immediately upon its passage ant approval. PASSED O.ND APPROVED this the day of , 19____ RICHARD 0. STEMTO FLAY A CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALL00 CITY SECRETARY CITY OF DENTON, TEXAS • APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY. ( u~1H i Public Utility Hoard Minutes December 12, 1984 Page two Item 3: RECEIVE COMMENTS FROM MR. ROLAND VELA. Mr. Nelson advised that Mr. Vela called earlier in the day and expressed he would not be able to attend the meeting this evening. No action. Itemn 4: CONSIDER MINUTES OF THE PUBLIC UTILITIES BOARD MEETING OF NOVEMBER 15, 1984. Mr. Coomes made a motion to approve the minutes. Ms. Boyd seconded the motion. All ayes, no naves, motion carried. Item 5: CONSIDER MINUTES OF THE PUBLIC UTILITIES BOARD MEETING OF NOVEMBER 28, 1984, Mr. Coomes made a motion to approve the Minutes. Mr. Herring seconded the motion. All ayes, no naves, motion carried. Item 6: CONSIDER TEXXS PUBLIC POWER ASSOCIATION INVOICE_IOR 1985 MEMBERSHIP DUES. Staff recommended accepting the invoice and recommending payment to the Council. The Board questioned whether this was a part of the American Public Power Association. Mr. Nelson responded that it is not, but operates similar to the APPA. The Texas Public Power Association focuses on state issues regarding public power as well as keeping a close watch on the Texas Legislature, the Public Utility Commission, and court decisions. Me. Herring made a motion to approve the invoice and recommend it to the Council for payment, Mr. Thompson seconded the motion. Four ayes, no naves, (one Board member left the meeting shortly), motion carried. 4 Item 7: CONSIDER SUPPLEMENTAL AGREEMENT FOR RECREATION CONTRACT OR RAY ROBERTS LAKE (MODIFICATION 14UI43ER P00001 TO CONTRACT NUMBER DACW6J-WT--C- ) . Staff recommended approval of the contract and recommendation to the Council for adoption. The Board discussed the matter with reference to whether the City of Denton nad any real choice even as to increasing the cost of the project. Board discussion led to the conclusion tnat accepting the contract is in the best interest of the citizens of Denton, Mr. Thompson made a motion to recommend the contract to the council for adoption. 143. Boyd seconded the motion. All ayes, no naves, motion carried, l January 8, 1985 21 0.0 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: G. Chris Hartung, City Manager SUBJECT: Consider Contract with Black & Veatch, Consulting Engineers, for Engineering Services for Lewisville Hydroelec:ric Contract. RECUMMENDA TION. The Public Utilities Board, at their meeting of December 12, 1984, recommended to the City Council approval of subject contract. This will allow Denton to maintain schedule and gain additional valuable Information on costs and financing alterna'ives, SUMMARY: fhe Public Utilities Board tabled consideration of a contract for Engineering Services with Black and Veatch at a previous meeting due to concern over the financial feasibility of the Lewisville Hydroelectric Project. Subsequently, Black and Veatch has conducted additional analysis of the relationship bety-een cost of pcwer from the hydroelectric project and gas company lignite and a combination 95% gas and 5% lignite. This analysis is attached as Exhibit 1. This analysis indicates that by 1988 the cost of power from the hydroelectric unit is less then all other sources except economy lignite. There presently is very little economy lignite available in Texas at hours that we can use it and, since it appears many utilities will be in neeo )f capacity and energy by 1988, it seems probable that there will be very little "usable" economy lignite In 1988. Also attached as Exhibit 11 is Black and Veatch's May 1984 :updated project feasibility assessment fo• use as reference. Also, us Exhibit 111, are graphs of Lewisville Hydroelectric Project monthly water discharges, monthly average KW and monthly average megawatt hours. Exhibit ill indicates that there undoubtedly could be some benefit to capacity requirements which have not previously been taken into consideration. The Public Utility Commission presently recognizes a capacity benefit to cogeneration If they maintain availability of 'lie capacity over 70% of the summer peak hours. 3408U:11 With new Incremental capacity costs exceeding $10412/1<W/month this could possibly represent a value of $16,000/month or $192,000 per year. This would be of value only if a utility were capacity deft :cent, However, it does possibly open up an opportunity to market the power as a co-generator until such time as it is economically viable for Denton. One additional analysis that we have not had staff time available to work on is how much TMPA lignite the Lewisville Hydroelectric Project displaces. All Black and Veatch analysis is based on displacing natursl gas, whereas it is probable that, with earlier hours, that some displaced energy during night hours in low load periods may be TMPA lignite. In addition to the Black and Veatch additional analysis and the possibility of marketing the energy as a co-generator or otherwise by some means benefiting from the capacity component of the project, we have been approached by several hydroelectric "developers". Such companies are interested in developing hydroelectric projects including providing the financing and selling «e power to Denton on an economically feasibie basis. After 3 to 5 years, when investment tax credits have diminished, the "Developers" would sell the unit to Denton. The financing packages, contracts and proposals from such companies are usually fairly complex and, therefore, the Staff would recommend that someone, such as Black and Veatch, who are fairly knowledgeable in such hydroelectric pro}ects. be retained as advisors. The City has the construction license for the Lewisville Hydroelectric Project which includes a schedule. Yee are still on schedule, but it is necessary to proceed if we are to continue on rchedule. In the negotiations with Black and Veatch, they have agreed to the following in an effort to obtain additional formation for further ` evalustiou of the project and at the same time assist Uenton in II maintaining a schedule. 1. Preparation of plans and specifications and receive and analyze bids for the turbine-generator and major I electrical equipment. The plans and specifications would include an alternate to allow the manufacture to finance or lease the unit which would provide some opportunity for pass through of investment tax credits. 2. Solicit and evaluate alternative financing proposals from hydroelectric developers. 3. All of the above-s►etiu work would be done at Bleck arnl Veatch's actual cost of salary and supplies. If Denton decides to proceed with the project, Denton would reimburse Black and Veatch the multiplier amount of 1.85. 340BUr12 FISCAL IMPACT: Cost of Engineering Salaries and Supplies $25,000 Source of funds: Electric Bond Funds Respectfully submitted: R E' t G. Chris Hartung City Manager Prepared by: R. E. Nelson Director of Utilities APPROV •11 R. E. Nelson', P.E. Director of Utilities EXHIBIT 1 black and Veatch's Sept. 1934 Supplemental to Feasibility :Zeview 11 Black & Veatch's 10ay 1984 Feasibility Review 1[I Graphs IV Proposed Black and Veatch Contract V Ordinance VI Minutes PUB Meeting of 12/12/84 34080:13 EXHI91T 1 B I- A C K & V E A 14 C H TEL. 19131967.2000 ENGINEERS- ArC HITECTS TELEX 42.6263 1500 MEADOW LAKE PA.AKWAY MAILING ADDRESS. PO. BOX NO 6405 KANSAS CITY, MISSOURI 64114 City of Denton BSV Project 1.0566 Lewisville Hydroelectric Project September 5, 198•. Feasibility Review City of Denton Municipal Building 215 East McKinney Denton, Texas 76201 Attention: Mr. R. E. Nelson f Gentlemen: This letter supplements our feasibility review completed on June 20, 1984. Since the tzansmittal of the referenced report, some discussions have developed regarding value of power. The Lewisville Hydro power facility would be a "run-of-river" unit providing energy based on water releases controlled by others. The energy generated by the project would displace the most expensive energy in use at the time of generation. Essentially, the hydro r.nit would "share" the top of the load curve. The study was based on the avoided cost of power being economy gas from TMPP cities--as split-the savings between Denton gas unith .,:nd Garland units. Spot market energy based on economy lignite is reportedly available and less expensive than gas. The true value of power from the Lewisville project can only be deterctned based on a long-range system evaluation which would consider the futut of TMPP and TMPA as well as Denton. Such an evaluation has not recently ..een completed for your system. Current Denton generating caeacity other than Gibbon Creek is gas. T) e bulk of TMPP purchased power by Denton (over 90 percent) through May L983 was generated using gas. Also, the availability and costs of sustained acquisition of economy lignite are uncertain. Therefore, in our previous reviews we evaluated the project using avoided costs based on gas generation. • BLACK A VCATCH City of Denton 2 B&V Project 10566 Mr. R. E. Nelson September 5, 1984 We have completed a quit' -eview of the project against avoided costs :assuming economy lignite .d well as economy gas. This evaluation was performed based on annual costs of generation per MWh). The results of the review are presented on the accompanying figure. The economic criteria are the same as those used in our last feasibility review. The current cost of economy lignite power was a-sumed to be $33.00 per MWh--which represents a split-the-coat between lignite and gas generation costs. Escalation rates for the economy lignite purchased were assumed to be the name assumed in our study for gus fuel generation. The date indicates that the annual cost of power for hydro is less for economy gas and lignite, respectively, in the second and eighth years of operation. The present worth of these annual costs show net savings for hydropower after six and eighteen years of operation, respectively. Valuing the power based on a mix of economy lignite and gas would result in cost equalisation occurring somewhere between these two extremes. We feel that this assessment supports the coit1nued pursuit of this project. Our analysis has not, however, included research with regard to the availability and cost of alternates to gas unit generation, in particular, the long-term acquisition of economy lignite, The City may • wart to complete this assessment. Once a better determination of avoided costs is completed, the feasibility of the project could bo reassumed. It is important to note that the near-term costs (5 to 10 years) of the hydro project can be significantly influenced by the financing philosophy used. The City may also want to reconsider its financing alternatives regarding this matter. rVer~tr ly your, B K & VEATCH I I r-- t b. F. Guyot slu Enclosures cc: Mr. R. M. Ellis Mr. G. V. Neill RC1K175A • . DO NOT WRITE IN THIS SPACE _ 191V uvautArnM AIM00APPA ("75 Mt°Ducr/oN !nits (~/NwA) s s ( o~ a q■ VIOT o s` fi etta m"i OIL ffo^af/1 0 m~ nri o zQ Qr O ii S m O T N ~ e n Ida 7,, / po rn d~M~Aw,h a w gsVoA%I,y~~k Mvyrf ~G1,ro 53.77 ~4,1~ ~i7l,94 1515' i= 1927 0. 3o 5~, 7S 41, co 56.11 49+5 z a a 1942 5'7,yo 6). di 114-,07 (ows 1o416 W 1181 9L •q0 66. T} 47,74 LS 77 W d J190 ~.,~(0 4 x,70 c J -74,00 J 199z GY.7o 42.11 5..f5- 81.71 m 1913 (,).30 tq.11 63,13 q7. S3 J914 rot qo 4s-Sl 6B.o1 94•`1 1++s 60.60 102.99 ?9,1`~ te1,5b V- -t go u> J99( 51.30 110.7 '74, 6o l oq 11 s? J9t 97,10 y 14, 02 Py,'W 117. 9 1991 S4 ow 9o,6~ 1A,OR{ ~ 199! STi'•`M 137, SS Q7,6~ 17)S,SS c c 16. u zodo S't,1o IY7046 1~•Q7 I`1S~?1 ° 1n 200 y~.00 15gA5 1 J~, IS~,,6`} =out SI.gO 176.47 !~1•~d ~t~,j~ 22,3 5'0.90 113,47 lib, yp 141,03 2ou4 `19.~ 147•'16 1Yo,18 1Qq.Go :o6lS 49,40 ~I?. ~7 JSo,64 19 4z lgfvoIy loft `fw3o el~'1~h. eyct~alr~~ at?.S p4r.t4 elf AA > • 3 0 V d S S I H I NI 311MM ION Oa YZ[►ND~ Vr BLACK •7CM . Gn Mu1 11 NLiNLN WOIIII 141 us tow"'al 1, •.NU pn . GN•L11111..___. GNUN Ie. C"'111 I'__._..__.. W1 M MiN I'.. nna f00D qr~ 100 9S u ~.•r.J 144''t ( wr.,(d t L •LI MA iLOOTJ ' e•s t.yMk , qn,h wr/rh ieo rnti, 9saiv fum Yq1 a] s6l7 a viiy 172 Oil 4gst art Y9 SY~ 6V~ S4 751 b25. „ YJ y43 641 Y91# 610 c1)~Q f~cj 13430 Y~ I ~ spa 744__ _ S31 _ 777 i !7 i _ = 41 6yo ~Oy S>f 7P1 Sr;l )]4) ills IYW 11)'1 P1 6/15- CIS pc. awl 451 .vE.eS 16~j asc4 171. f 1 iro t i13 1~ y 7~I 194 3lSS 3131 3107 i 329 ""}f" ° 7i1 10 )SOS )751 3121 7SY5, 300 Y7 EoY I~~Y #4 II)f 1k IS~r} YC91 1951 Yo Q 59 #4l X974]7 i733gY YeVir ill) Y7 Y SIi 1'~lv 1011 (13 ,i`39y +3ro4~? sIY)S 3E yu71 5iS 511 IW1 ;5r} .1176 1141 5411 3151 540] j W r'I 9;5,3 fb5) IIK iJJ 1971 1}159 ;~07 Vo75 65725 YY 07 $YI 1'~q I l2iti i S9? 1(71 YV34 i~~] ffI I S}o IfIS Go 0 SI? a0l 1192 1014 ,1Y~ 3 0 y01 1113 Ji71 1191 .135`1 415& 70►7 {45! 6v 1. O 2 O I O w _ e i f `[jSe 1 F_QiTBTT Tr . BLACK & V E A T C H TEL. 1913) 967-2000 ENGINEERS-ARCHITECTS TELEX 42.6263 1500 MEADOW LAKE PARKWAY MAILING ADDRESS PO. BOX NO. 6405 KANSAS CITY, MISSOURI 64114 City of Denton, Texas BV Project 10566.041 Lewisville Lake Hydropower Facility May 18, 1984 Preliminary Feasibility Update City of Dentcn Municipal Building Denton, Texas 76201 Attention: Mr. Bob Nelson Director of Utilities Gentlemen: This letter presents a summary report of preliminary results of the updated project feasibility assessment for the Lewisville Lake hydropower develop- ment. The results are preliminary as they do not include impact of FERC annual fees for use of a government facility. The final rule to calculate the level of fees is scheduled for FERC approval on Wednesday May 23 and O will be available to us shortly after that date, We feel it would be more appropriate to bas4 the calculation of the FERC fees on that final ruling. A section of the su¢,mary report discusses the project economic and financial feasibility without the full FERC fees. Based on the proposed rule, as published March 31, 1983, and discussions with FERC, it does not appear that the final fee assessment will make the project economically infeasible. The fee level may, however, significantly impact early year cash flows and, as a result, affect the financial feasibility. The following summary report discusses the Conceptual Design, Project Cost and Schedule, Benefit Determination, Economic and Financial Feasibility, and Summary. The results indicate that the project is economically and financially feasible, depending on the level of FERC fees. A sensitivity case which included a conservative assumption of a total annual fee of $55,000--$45,000 to FERC and $10,000 to the City of Dallas--was found to be feasible although less attractive than the base case. • BLACK A VEATCH • City of Denton, Texas 2 B&V Project 10566.041 Lewisville Lake Hydropower Feaility May 18, 1984 Preliminary Feasibility Upi ate The enclosed Summary Report is provided for your review. If you have any questions or comments or require additional information, please contact us. Verb- truly yours, BLACK b VEATCH G. V. will kh ccs R. M. Elli3 D. F. Guyot D, M. Lefebvre • • i+" . CITY OF DENTON, TEXAS LEWISVILLE LAKE HYDROPOWER FACILITY FEASIBILITY UPDATE ISSUED FOR CLIENT REVIEW May 18, 1984 This Summary Report presents the results of the updated feasibility assessment for the Lewisville Lake hydropower project. This preliminary report does not include resolution of the FERC fee issue. Final rules for the level or foes are expected May 23. CONCEPTUAL DESIGN The project concept has been modified from the earlier design. The major change is that only a single powerhouse is used, instead of two powerhouses--one on each side of the stilling basin. The current design concept utilizes both 60-inch low-flow steel discharge pipes. The flow from the western low-flow discharge is tapped with an extension pipe which brings the flow over the 16-foot flood-flow concrete conduit to connect to the eastern low-flow discharge. The combined flow would be used with a single 1,500 mm fully regulated Kaplan turbine. Figure 1 shows the project design concept. Appropriate bifurcations and valving allow utilization of either or both of the low-flow discharge pipes, or the complete bypass of the turbine for maintenance. Use of a single powerhouse allows a significant reduction in the facility capital cost with no loss in generation. The principal project design features are summarized below: Type of Turbine: Fully Regulated Kaplan Number of Units: 1 Approximate Runner Diameter: 10500 mm Unit Capacity: 10900 kW Average Generation: 10,426 MWh* *With Ray Roberts Reservoir in operation. Annual generation without Ray Roberts is estimated to be 7,226 MWh. • 1-1 . PROJECT COST AND SCHEDULE Total project costs, in May 1984 dollars are estimated to be $3,140,000 including direct costs, in-_::cct costs, and an allowance for contingencies. These costs are approximately 25 percent less than the 1984 project cost estimate in the November 1981 project feasibility study. The lower costs are due to the use of only one powerhouse and the fact that actual cost increases from 1981 to the present hava been less than were assumed in the 1981 report. Table 1 shows the current project cost estimate. The project schedule assumes initiation of turbine-generator specifi- cation by August 1984 with contract award in December 1984. Project con- struction would be initicted in September 1985 and the facility operation would commence July 1986. Table 2 summarizes the major project schedule elements. The project construction cash flow, based on the schedule in Table 2, is summarized in Table 3. The cost escalation based on an assumed six percent annual escalation rate is estimated to result in a total project cost of $3,458,300. The cost projection is summarized below: • 11.000 Turbine-Generator 10125 Electrical and Switchyard 430 Civil Costs and Other 870 Total Direct Costs 20425 Indirect 350 Contingencies 365 Total 5/84 $ 3,140 Escalation 318.3 Total Project 39458.3 BENEFIT DETERMINATION The energy generation depends on the status of the upstream Ray Roberts reservoir facility. The Ray Roberts prr•ject will regulate releases to, Lewisville Lake and will allow the Lewisville Lake reservoir to operate with an increased conservation pool level. The combined impact of these two • 1-2 • TABLE 1. LEWISVILLE HYDROPOWER FACILITY CAPITAL COST ESTIMATE May 1984 Component $12000 Turbine Generator and Governor 1,125.0 Station Electrical 350.0 Switchyard Equipment 80.0 Powerhouse Structure 135.2 Stilling Basin Modifications 151.4 Penstock and Valving 261.9 Excavation 120.0 Miscellaneous Costs 201.5 Total Direct Costs 21425.0 Indirect Costs 350.0 Contingency 365.0 Total Project Cost 3,140.0 • 1-3 ~i TABLE 2. LEWISVILLE HYDROPOWER FACILITY MAJOR SCHEDULE ELEMENTS August 1984 Initiate turbine-generator specification. Coordl.nate with Denton for contract specification October 1984 Issue turbine-generator specification December ;a 1984 Award turbine-generator contract January 1985 Receive embedded parts drawings from turbine- generator manufacturer Start design of civil works and powerhouse March 1985 Receive other shop drawings from turbine- generator manufacturer Begin balance of design work for transmission- distribution and mechanical/electrical system June 1985 Release turbine-generator manufacturer for fabrication July 1985 Issue civil works specification September 1985 Award civil contract October 1985 Start construction December 1985 Receive embedded parts April 1986 Receive turbine-generator July 1986 Facility operation • 1-4 TABLE 3. LEWISVILLE HYDROPOWER FACILITY PROJECT CASH FLOW ESTIMATE Cumulative Costs Project Cumulative as Fraction of Yeau+Jtoarter Cash Flow Costs Total Project ($1,000) ($10000) (Percent) 1984/3 9.6 9.6 0.3 4 54.1 63.7 1.8 1985/1 59.0 122.7 3.5 2 167.3 290.0 8.4 3 337.7 627.7 18.1 4 344.5 972.2 28.1 1986/1 796.3 19768.5 51.1 2 963.1 2,731.6 79.0 3 726.7 39458.5 100.0 I 1-5 • ~Yi 1' 4"'t ;yo p . factors is an estimated increase of approximately 30 percent in the energy generation of the Lewisville project. Based on recent discussions with the Corps of Engineers, the Ray Roberts project should be completed and begin impoundment September 1986. For purposes of this absessment, it has been assumed that the benefit of Ray Roberts will be realized at Lewisville starting July 1987. This is a conservative assumption since the Ray Roberts facility cannot reduce normal Lewisville inflows and, thus, the benefits to Lewisville of upstream regulation and conservation pool elevation may be realized immediately. Assumed Lewisville generation is shown below: July-Dec 1986 3,806 MWh 1987 80911 MWh 1988-Project Life 10,426 MWh The generation from Lewisville is essentially run-of-river or random energy. Based on available projections of Denton load growth, the Lewisville generation will reduce purchases from the TMPP. The price Denton would normally pay for such purchase is on a split-the-savings basis versus . using its own generation. This savings is the heat rate difference between Denton gas units and the Garland gas fired units. The savings is estimated as a heat rate average of 11,070 Btu/kWh times the price of natural gas. Current natural gas prices are $4.20/MBtu. For the base case, gas is assumed to escalate at 7.5 percent annually--1.5 percent above the assumed general inflation rate of six percent. The gross benefit to Denton is reduced by annual expenses for operating and maintenance (03M), payment for insurance, R&R fund contribution, payment-in-lieu of ttxes, FERC fees for license administration, FERC fees for the use of a Government dam, and possible payments to the City of Dallas. The level of these costs is shown below: O&M $50,000 in 1986 with six percent escalation R&R Account 0.25 percent of bond Insurance 0.50 percent of bond Payment-in-lieu of Taxes 1.5 percent of bond FERC Admin. Fee $1,160 in 1986 with six percent escalation FERC Use Fee (To be determined) • Dallas Fee (To be determined) 1-6 z'l • ECONOMIC AND FINANCIAL ASSESSMENT The economic feasibility of the project depends only on the project net benefits and total cost. The financial assessment, however, is based on projected net annual impact to the revenue requirement. As a result, determination of the financial feasibility requires a financing plan and total bond amount. FINANCING PLAN AND BOND AMOUNT A variety of financing plans are possible involving different methods of treating net interest, time to establish bond.reserve account, principal repayment schedule, etc. For purposes of the current evaluation a financing plan has been developed using information provided by Denton. It is possible that the financing plan assumed may be modified prior to sale of bonds. These modifications will, however, only improve the annual impact. The assumptions used for the financing plan are listed below: Bond Rate 10 percent Bond Term 25 years O bond Fee 3.5 percent of bond Bond Reserve Fund Equal to maximum annual debt service; established from bond proceeds Bond Issue Date Summer 1984 Interest Payments Semi-Annual on June 30 and December 31; first payment December 1984 Principal Payments Paid annually on December 31; payment of two percent for first 5 years, 4.5 percent for 20 years; first principal payment December 1985 Treatment of Net debt service is paid fruc system Interest revenues; net debt service equals bond principal and interest less interest earned on unspent balance of construction account and interest earned on reserve fund. Based on this assumed financing plan the total bond is estimated as $4,170,000. The use of proceeds is shown belows Bond Proceeds* 40170,000 Bond Fee 1409950 *Rounded off; balance of $2,800 r 1-7 Reserve Fund 562,950 Project Costs 3,458,300 Table 4 showws tt.e annual net debt service payment for the first 20-years of the project. Feasibility Evaluation Table 5 shows the analysis for the base case--assuming full benefits from the Ray Roberts project are realized in July of 1987 and natural ga:; annual cost escalation of 7.5 percent. The results indicate that the bene- fit/cost ratio is greater than 1.0 in 1995, the tenth year of plant operation. The project will result in net savings to the customer starting in 1988 and the cumulative present worth net savings will be positive by 1991. By 2003, cumulative present worth savings to the customer will be more than $2.9 million. Sensitivity Analysis To test the feasibility of the project to critical assumptions, five sensitivity cases were considered. Case 1: Gas price escalation of six percent (equal to inflation) Cage 2: Gas price escalation of nine percent Case 3: Bond rate of 12 percent Case 4: No benefit realized from Ray Roberts Case 5: FERC annual fee of $45,17,10; paynent to Dallas of $10,000 The results of these sensitivity cases are summarized in Table 6. Alternate Financing Plan The annual net cost impact to the customer is due, to some extent, to the assumed financing plan. A possible alternative plan is summarized below. As indicated in Table 7, this alternative plan results in improved early year cost impacts, although long-term impacts are slightly more than the base case. This alternative financing plan is not proposed as being superior to the reference plan, but simply to illustrate that, given economic • 1-8 • TABLE 4. LEWISVILLE HYDROPOWER FACILITY ESTIMATE DEBT SERVICE SCHEDULE FOR REFERENCE FINANCING PLAN FOR PERIOD 1984-2003 Interest Earned on Reserve Net Total Debt Fund and Debt Year Interest~l~ Principal~2~ Service Construction Account~3~ Service(4) $1,000 $1,000 $1,000 $11000 $1,000 1984 208.5 208.5 199.5 9.0 1985 417.0 83.4 500.4 361.7 138.7 1986 408.6 83.4 492.0 154.8 337.2 1987 400.4 83.4 483.8 56.2 427.6 1988 392.0 83.4 475.4 56.2 419.2 1989 383.6 83.4 467.0 56.2 410.8 1990 375.2 187.7 562.9 56.2 506.6 1991 356.6 187.7 544.3 56.2 488.0 1992 337.8 187.7 525.5 56.2 469.2 1993 319.0 187.7 506.7 56.2 450.4 • 1994 300.2 187.7 487.9 56.2 431.6 1995 281.4 187.7 469.1 56.2 412.8 1996 262.8 187.7 450.5 56.2 394.2 1997 244.0 187.7 431.7 56.2 375.5 1998 225.2 187.7 412.9 56.2 356.6 1999 206.4 187.7 394.1 56.2 337.9 2000 187.6 187.7 375.3 56.2 319.0 2001 168.8 187.7 356.5 56.2 300.2 2002 150.2 187.7 337.9 56.2 281.6 2003 131.4 187.7 319.1 56.2 152.9 1Paid semi annually starting in December 1984. 2Paid annually starting in December 1985; rate of two percent for first 5 years; 4.5 percent for bdlance. 3Earning rate of 10 percent. 4Numbers may not add due to rounding, 1-9 TABLE S. LEWISVILLE HYDROPOWER FACILITY ANALYSIS FOR BASE CASE • FINANCIAL ANALYSIS WORI(SHEET JOG NAME s DENTON , TEXAS LENISVILLE HYDRO PROJECT NIMER s 10566.041 DATE s MAY 15, 1984 8AS PRICE ESCOIATICN RATE s 7.5 % INFLATION RATE s 6.4 % YEARLY FINANCIAL ANALYSIS ($000) WAIAL OPERATING COSTS ENERGY VALUE OF GROSS OPS 6 INS i FEAC FERC DALLAS NET CtM PW BENIEiIT DEBT NET AD CLM PW YEAR 0 ENERGY BENEFIT MINT TAXES FEE ADM FEE BENEFIT NET COST PAYMENT AEQ NET REV AN MM) BENEFIT RATIO (FROM ON REQ SDOME) 1984 0 46.48 0.0 0.0 0.1 0.0 0.0 0.0 0.1 0.0 0.00 9.0 9, 0 8.7 1985 0 49.97 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 136.7 138.7 135.3 1906 3806 $3.72 204.4 25.0 46.9 0.0 1.2 0.0 131.4 103.5 0.04 337.2 205.8 305.6 99 8911 37.74 514.6 53.0 93.0 0.1 1.2 0.0 366.5 396,5 0.14 427.6 61.1 338.1 10426 62.07 647.2 56.2 93.8 0.0 1.3 0.0 495.9 755.6 0.26 419.2 -76.7 260,0 r989 10426 66.73 695.7 59.6 93.8 0.0 1.4 0.0 $41.0 1105.5 0.38 410.8 -130.2 150.8 1990 10426 71.73 747.9 63.1 93.8 0.0 1.5 0.0 $89.5 1446.3 0.50 $06.6 -82.9 85.5 1991 10426 77.11 804.0 66.9 93.8 0.0 1.5 0.0 641.7 1779.2 0.62 488.0 -153.7 -10.6 1992 10426 82.90 864.3 70.9 93.8 0.0 1.6 0.0 697.9 2103.0 0.73 469.2 -228.7 -156.9 1993 10426 89.12 929.1 75.2 93.6 0.0 1.7 0.0 758.4 2420.7 0.84 450.4 -308.0 -325.1 1931 10426 95.80 998.8 79.7 93.1 0.0 1.8 0.0 823.4 2730.3 0.95 431.6 -391.8 -519.2 1995 10426 102.98 1073.7 84.5 93.8 0.0 2.0 0.0 893.5 3032.9 1.05 412.8 -480.7 -735.8 1996 10126 110.71 1154.2 89.5 93.8 0.0 2.1 co 968.8 3320.8 1.15 394.2 -574.6 -971.5 1997 10426 119.01 1240.6 94.9 93.8 0.0 2.2 0.0 1049.9 3618.5 1.25 375.5 -674.4 -1223.6 1948 10426 127.94 1333.9 100.6 93.8 0.0 2.3 0.0 1137.1 3902.2 1.33 356.6 -780.5 -1489.6 1499 10426 137.$3 1433.9 106.6 93.8 0.0 2.5 0.0 1231.0 4180.2 1.45 337.9 -893.1 -1767.3 2000 10426 147.85 1541.5 113.0 93.8 0.0 2.6 0.0 1332.0 4452.8 1.54 319.0 -1013.0 -2054.3 2001 10426 158.94 1657.1 119.8 93.8 0.0 2.0 0.0 1440.6 4720.4 1.64 300.2 -1140.4 -2349.6 2002 10426 170.96 1781.4 127.0 93.8 0.0 2.9 0.0 1557.6 4903.3 1.73 281.6 -1276.0 -2630.8 2003 10426 163.67 1915.0 134.6 93.8 0.1 3.1 0.0 1683.4 $241.6 1.02 262.9 -1420.5 -2956.7 1-10 TABLE 6. LEWISVILLE HYDROPOWER FACILITY SUMMARY OF SENSITIVITY CASES Year That First Year of Total 1984-2003 Benefit/Cost Ratio Positive Cumulative Present Worth Case Parameter Value Changed is 1.0 Annual Savings of Annual Savings (1984 $1,000) Base Case (1) 1995 1988 2956.7 Case 1 Gas price escalation 62 1996 1988 1949.2 Case 2 Gas price escalation 92 1994 1988 4172.1 Case 3 Bond Rate 122 1995(2) 1988 2692.9(2) Case 4 No benefits from Ray Roberts 2001 1993 1071.3 Case 5 FERC Use Fee of $45,000; 1996 1988 2638.9 i Dallas payment of $10,000 1For Base Case: natural gas price escalation rate of 7.5 percent; bond rate of 10 percent; benefits from Ray Roberts assumed to start in July 1987; no FERC use fees or payments to Dallas. 2Using discount rate of 12 percent. TABLE 7. LEWISVILLE HYDROPOWER FACILITY ASSESSMENT FOR ALTERNATE FINANCING PLAN Reference Financing Plan Alternate Financing Plan Net Operating Net Debt Impact on Annual Net Debt Impact on Annual Year Benefits(1) Service Revenue Re wired Service Revenue Re uired $1,000 $10000 $16000 $ 10 k) $11000 $10000 $/104whizi 1984 0.0 9.0 9.0 0.02 0 0 0 1985 0.0 138.7 138.7 0.24 0 0 0 1986 131.4 337.2 205.8 0.34 211.7 80.3 0.13 1987 366.5 427.6 61.1 0.10 423.3 56.8 0.09 1988 495.9 419.2 -76.7 -0.12 423.3 -72.6 -0.11 1989 541.0 410.8 -130.2 -0.19 423.3 -117.7 -0.17 1990 589.5 506.6 -82.9 -0.11 423.3 -166.2 -0.23 1991 641.7 488.0 -153.7 -0.21 423.3 -218.4 -0.29 1992 697.9 469.2 -229.7 -0.30 423.3 -274.6 -0.36 N 1993 758.4 450.4 -308.0 -0.39 423.3 -335.1 -0.42 IFrom Table 5. 2Impact per unit of sales; projected system sales values based on data on NEI, growth from city and assumed 7.5 percent lose factor: Year Sales (MWh) Year Sales (MWh) 1984 562.4 1989 703.0 1985 584.6 1990 724.3 1986 608.7 1991 745.6 1987 632.7 1992 768.7 1988 651.7 1993 791.8 • feasibility, financial feasibility can be affected by the selection of a financing plan, Bond Rate 10 percent Bond Term 25 years Bond Fee 3.5 percent of bond Bond Reserve Fund Equal to maximum annual debt service; established from bond proceeds Bond Issue Date Summer 1984 Interest Payments Paid from bond proceeds through June 1986; thereafter included in 46 semi-annual payments of 5.593 percent of bond Principal Payment First payment December 1986; paid as a part of the 46 semi-annual payments discussed above The resulting bond is $4,205,000--less than a percent greater than for the reference financing plan. The annual cost impact is, however, significantly improved. • SUMMARY AND CONCLUSIONS The feasibility of a project depends on the decision criteria which is used to judge feasibility. For the Lewisville hydro project, the primary criteria are a benefit/cost ratio greater than 1.0 by the 20th year and early savings on revenue requirements. As summarized in Table 6, the benefit/cost ratio criteria is satisfied for the base case and all sensi- tivity cases--eve Case 5 which burdens the project with an additional $55,000 annual fee assessment. Similarly, for all cases, net annual savings are realized by 1993--the eight year of operation--even for the worst case.* As discussed in an earlier paragraph there may be other possible financing plans which can improve the net annual savings. The single uncertainty with regard to project feasibility is the level of FERC fees. Sensitivity Case 5 assumed a total annual fee of $559000 and indicated that the project would be feasible under that level of fees. This level of fees is greater than that which would be assumed under the preliminary rule. There is, however, no assurance that the final rule will *The worst case is that which assumes no benefit is realized from the . Ray Roberts facility. 1-13 • not result in higher fees. The issue of FERC fees is expected to be resolved within the near future. The total project impact to the customer is shown in Table 7. As indicated, the impact, both early year cost increases and latter year savings, is minor. For a monthly consumer of 1,000 kWh, the impact would be less than 50 cents per month over the first 10-years. . 1-14 LEWISVILLE HYDRO FLOW 104 - 102,326 102 00,980 101,878 100 2 98 838 96 94 92 I's Z 90 89, 60 ° 88 N Q o 86 84 82,130 82 81,582 80 78 77, 42 76 74 7 1 4 72 70, 62 70 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTHS LEWISVILLE HYDRO AVERAGE KW 1,904 i 1955 1,925 2 1.9 827 1.8 1.7 1,6 0 1 6 7 1 .6 1,551 w 1 .5 1, 84 v c Y 1.4 O 1.3 '.2 1.1 19 1 0.9 8 1 8 2 0.8 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTHS LEWISVILLE HYDRO AVERAGE MWHS _ 1.5- 1,466 1,416 1,407 1.4 1 , 359 1,38 1.3 2 1 1.2 1,154 1,1 9 v 1.1 1, 68 c Y a 1 0 L 0.9 0.8 0.7 6 8 6 4 0.6 5 8 0.5 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTHS -T I BLACK & V E A T C H I EL. 19131 967.2,)00 ENGINEERS- ARCHITECTS TELEX 42.6263 +500 MEADOW LAKE PARKAAY MAtLiNG ADDRESS PO BOX %0 5405 KANSAS CITY MiSSOURi 641x4 City of Denton BSV Project i0566 Lewisville Hydroelectric Project December 10, 1984 City of Denton Municipal Building 215 East McKinney Denton, Texas 76201 Attention: Mr. R. E. Nelson Director of Utilities Gentlemen: This letter confirms our discussions oP December 7, 1984, regarding the subject project. Black 6 Veatch is willing to enter into the Engineering Services Agreement sent to your offices on July 18, 1984, based on a revised compensation basis. This revised basis covers the initial engineering necessary to receive and evaluate bids for the ti,rbine generator, and station electrical equipment and to entertain and evaluate proposals for alternative financing methods. This wor!, would be invoiced in a two- step process. As the work progresses we would invoice you monthl! at a rate of 1.0 times payroll costs plus actual out-of-pocket costs, as defined in Attachment 2 of our July 18, 1984, Agreement. Once the project is fully authorized by the City, either with or without the services of Black S Veatch, we would invoice you for the amount of 0.85 times our accumulated payroll costs for work performed previously. Engineering services performed beyond this scope and subsequent to the full authorization would be payable as defined in Attachment 2 of our July 18, 1984, Agreement or at 1.85 times payroll costs plus actual out-of-pocket cost. If the project is not fully authorized due to over- all project feasibility then you are free to terminate the referenced agreement and are not obligated to pay us the deferred portion of our compensation. SLACK & VBATCH • City of Denton 2 B5V Project 10566 Mr. R. E. Nelson December 109 1984 We estimate that the amount payable for this inital scope of work prior to full authorization is up to $30,000. The deferred portion of compensation for this work is approximately $16,500. The balance of the engineering services as outlined in our July 18 submittal is generally unaffected except for schedule and scope of other purchases as outlined below. We have reexamined the balance of the engineering services and identified several items which are affected by this change in approach. In general, if we defer engineering on the balance of the facilities we will limit our ability to purchase the penstock separate of the general construction. We feel we can still complete the project in the fail of 1986 by rescoping some of the purchase packages. This will require resubmittal of Attachment 1 to our July 18 Agreement. We propose to do this once the work covered by this offering is accepted. We are pleased to also inform you that Motor Columbus has agreed to participate in this initial phase of work on the same basis as our offering. This will insure you the state-of-the-art technology and experience that Motor Columbus brings to our hydropower organization. We trust that you and your Board of Utilities will find this offering acceptable. We feel that due to the current economic climate that actual quoted prices will be below our current estimate. This should directly improve overall feasibility and help minimize uncertainities. Very truly yours, BLACK b VFATCH R. M, Ellis DFG:slo cc: PIr, J. R. Stack s AGREEMENT FOR DESIGN ENGINEERING SERVICES BETWEEN CITY OF DENTON, TEXAS • AND BLACK & VEATCH, ENGINEERS-ARCHITECTS July 18, 1984 • • CONTENTS ARTICLE 1 .0 -SERVICES TO BE PERFORMED BY ENGINEER ARTICLE 2.0 - TERM OF AGREEMENT ARTICLE 3.0 - COMPENSATION ARTICLE 4.0 - PROFESSIONAL OBLIGATIONS OF ENGINEER ARTICLE 5.0 - OPINIONS OF COST AND SCHEDULE ARTICLE 6.0 - LIABILITY AND INDEMNIFICATION ARTICLE 7.0 - INDEPENDENT CONTRACTOR ARTICLE 8.0 - COMPLIANCE WITH LAWS ARTICLE 9.0 - INSURANCE ARTICLE 10.0 - OWNER'S RESPONSIBILITIES • ARTICLE 11.0 - OWNERSHIP OF DOCUMENTS ARTICLE 12.0 - TERMINATION OF AGREEMENT ARTICLE 13.0 -NONDISCLOSURE OF PROPRIETARY INFORMATION ARTICLE 14.0 - NOTICE ARTICLE 15.0 - UNCONTROLLABLE FORCES ARTICLE 16.0 - GOVERNING LAW ARTICLE 17.0 - MISCELLANEOUS ARTICLE 18.0 - INTEGRATION AND MODIFICATION ARTICLE 19.0 - SUCCESSORS AND ASSIGN'S AGREEMENTFOR DESIGN ENGINEERING SERVICES THIS AGREEMENT, effective the day of 19 by and between the CITY OF DENTON, TEXAS, (hereir::ier referred to as Owner), and BLACK do VEATCH, ENGINEERS-ARCHITECTS (hereinafter referred to as Engineer), a partnership with principal business offices at Kansas City, Missouri. WITN ESSETH; WHEREAS, Owner plans to design, construct, and operate a new hydroelectric generating sta- tion known as Lewisville Dam Hydroelectric Project (hereinafter referred to as the Project); and. W'i,EREAS. Owner requires certain enpneering services in connection with the Project (herein. after referred to as the Services); and, WHEREAS, Engineer is prepared to provide such Services. NOW THEREFORE, in consideration of the premises and the mutual covenants herein con- tained, the parties hereto agree as follows. ARTICLE 1.0 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment 1.0, Scope of Services, %%Wch is • attached hereto and incorporated by reference as part of this Agreement. ARTICLE 2.0 - TERN OF AGREEMENT The term of this Agreement shall begin on the effective date and end one year after perform- ance of the Services. ARTICLE 3.0 - COMPENSATION Owner shall pay Engineer in accordance with Attachment 2.0, Compensation, which is attached hereto and incorporated by reference as a part of this Agreement, ARTICLE 4.0 - PROFESSIONAL OBLIGATIONS OF ENGINEER Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional enf~ineer under similar circumstances and Engineer shall, at no cost to Owner, re-perform services which fail to satisfy the foregoing standard of performance. Except as may be required in Attachment 1.0, Scope of Services, Engineer shall not be respon- sible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Services. In addition, Engineer shall not be responsible for any contractor's, subcontractors, vendor's, or other project participant's failure to fulfW their contractual or other responsibilities to the Owner. In no event shall Engineer be responsible for any contractor's, subcontractor's, vendor's, or other project participant's faliw-e to amply with federal, state, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. • . ARTICLE S.0 OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnishes by others, or over contractors', subcontractors' or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's cost estimates shall be made on the basis of his experience and qualifications and shall represent his best judgment as an experienced and qualified professional engineer, familiar with electric utility projects. Likewise, since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of his experience and qualifi- cations and shall represent his best judgment as an experienced and qualified professional engi- neer, familiar with electric utility projects. Engineer cannot and does not guarantee that proposals, bids, or actual project cost will not vary from his cost estimates or that actual schedules will not vary from his forecast schedules. ARTICLE 6.0 - LIABILITY AND INDEMNIFICATION 6.1 General. The Owner and Engineer have considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein agree to allocate such liabilities in accordance with this Article 6.0. Words and phrases used In this Article shall be interpreted in accordance with customary insurance industry usage and practice. 61 Professional Liability. Engineer agrees to defend and indemnify Owner from and against legal liability for dam.iges arising out of the performance of professional engineering services for Owner where such liability is caused by an error, omission, or negligent act of Engineer or any person or organizatior, for whom Engineer is legally liable. 6.3 Other Liability. Except as provided in subarticle 6.2, Professional Liability, dealing with liabilities associated with the performance of professional services, Engineer agrees to defend and indemnify Owner from and against legal liability for damages because of bodily injury or property damage caused by an occurrence arising out of Engineer's performance of the Services. 6.4 Defense of Claims and Owner's Indemnity. In the event a claim for damages arising out of the performance of this Agreement is made against the Owner alleging contributory ur concur- rent negligence of both Engineer and Owner, Engineer agrees to defend Owner against such claim. In such event, Owner agrees to indemnify and reimburse Engineer a pro rata share of all ex- penses of defense and any judgment or amount paid by Engineer in resolution of such claim where such pro rata share is based upon the final Judicial determination of negligence or. in the absence of such determination, by mutual agreement. In addition, Owner agrees to defend and indemnify Engineer from and against damages arising out of Owner's sole negligence. 6.5 Employee Claims. Engineer agrees to Indemnify Owner against legal liability for damages which is the result of claims by Engineer's employees. Owner agrees to indemnify Engineer against legal liability for damages which Is the result of claims by Owner's employees. is I 6.6 Limitatiops of Liability, Engineer shall have no liability for special or consequential dam- ages including, but not limited to, loss of equipment use, loss of profits, cost of capital, cost of replacement power, or similar damages. In addition, Engineers liability shall not exceed Engi- neer`s available Insurance coverage for such liability and Engineer shall have no liability after two years following performance of the Services. 6.7 Remedies. Owner's rights and remedies set forth in this Agreement are exclusive and Engi- neer's liabilities are limited as set forth herein whether based upon contract, tort (including negligence), or otherwise. 6.8 Other Project Participants. Owner will incorporate indemnities similar to tlL's Article 6.0 into contractual arrangements with other Project participants in order to protect the Owner's and Engineer's interests. ARTICLE 7.0 - INDEPENDENT CONTRACTOR Engineer undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. Owner shall have no right to supervise directly the methods used but Owner shall have the right to observe such performance. Engineer shall work closely with Owner in performing Services under this Agreement. ARTICLE 8.0 - COMPLIANCE WITH LAWS Engineer agrees that m performing the Services, Engineer will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria, and standards. Engineer shall procure the permits, certificates, and licenses necessary to allow Engineer to perform the Services. Engineer shall not be responsible for procuring permits, certi- ficates, and licenses required for the construction of the Project unless such responsibilities are specifically assigned to Engineer in Attachment 1.0, Scope of Services. ARTICLE 9.0 - INSURANCE During the performance of the Services under this Agreement, Engineer shall maintain the fol- lowing insurance. (1) Comprehensive General Liability Insurance with bodily injury limits of not less than 5500,000 for each occurrence and not less than 5500,000 in the aggregate, and with property damage limits of not less than 5100,000 for each occurrence and not less than $ 100,000 in the aggregate. (2) Automobile Liability Insurance with bodily injury limits of not less than 5500,000 for each person and not less than $500,000 for each accident and with property damage limits of not less than S 100,000 for each accident. (3) Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than S 100,000 for each accident. (4) Professional Liability Insurance with limits of not less than 53,000,000 annual aggregate. (5) Umbrella Insurance providing not less than $10,000,000 limits in excess of the limits stated in items (1) through (4). • Engineer shall furnish Owner certificates of insurance including the provision that such insur- ance shall not be canceled without at least ten days written notice to Owner. ARTICLE 10d, - OWNER'S RESPONSIBILITIES Owner shall supply to Engineer, either directly or indirectly from others, all available informa• tion and data which is required by Engineer. Owner shall also be responsible for the following. (1) Approve all procedures established to govern the relationships among Owner, Engi- neer, and third parties. (2) Make final engineering and planning decisions utilizing information supplied by Engineer. (3) Provide designated personnel to represent the Owner in matters involving Engineer. (4) Provide such accounting, independent cost estimating, and insurance counseling services as may be required for the Project; such legal services as Owner may require or Engineer may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by contractors, subcontractors. vendors, or other proje.t participants; such auditing services as Owner may require to ascertain how or for what purpose any contractor, subcontractor, vendor, or other project participant has used the monies paid to him; and such inspection services as Owner may require to ascertain that contractors, subcontractors, vendors, or other project participants are complying with any law, rule or regula• tion applicable to their performance of the work. (5) Enter into contracts for purchase, construction, or other services with contractors, subcontractors, and vendors; provide financing; and make payments in accordance • with the terms of the contracts. Owner may assign any responsibility described in this Article 10.0, Items (4) and (5) to Engi- neer by providing written instructions to Engineer to act as the Owner's agent and assume responsibility in behalf of the Owner. ARTICLE 11.0 - OWNERSHIP OF DOCUMENTS All documents including Drawings and Specifications prepared by Engineer pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or repre- sented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific pur- pose intended will be at Owner's sole risk and without liability or legal exposure to Engineer; and Owner shall indemnify and hold harmless Engineer for all claims, damages, losses, and ex- penses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation wili entitle Engineer to further compensation at rates to be agreed upon by Owner and Engineer. ARTICLE 12.0 - TERMINATION OF CONTRACT The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. I • Owner shall have the right to terminate this Agreement for Owner's convenience upon written notice to Engineer, and Engineer shall terminate performance of Services on a schedule accepta- ble to Owner, in the event of termination for Owner's convenience, Owner shall pay Engineer for all Services performed, ARTICLE 13.0 - NONDISCLOSURE OF PROPRIETARY INFOR.HATION Engineer shall consider all infornation provided by Owner and all drawings, reports, studies, design calculations, plans, specifications, and other documents resulting from the Engineer's performance of the Services to be proprietary unless such Information is available from public sources. Engineer shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of Owner. Engineer shall not make any written or verbal statement to any press or news media concerning the Project without the written authorization of 0% tier. ARTICLE 14.0 - NOTICE Any formal notice, demand, or request required by or made in connection with this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To Engineer: Black & Veatch, Engineers-Architects P. O. Box 8405 Kansas City, Missouri 64114 Attention: Head, Power Division To Owner: City of Denton Municipal Building 215 East McKinney Denton, Texas 76201 Attention: Director of Utilities Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner, ARTICLE 15.0 - UNCONTROLLABLE FORCES Neither Engineer nor Owner shall be considered to be in default of the provisions of this Agree- ment if delays In or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the con- trol of the nonperform!ng party: The term "uncontrollable forces" inr'lides, but is not limited to, fire, acts of God, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement, strikes, work slowdowns or other labor disturbances, and Judicial restraint. • Neither party shall, however, be excused from performance if nonperformance is due to uncon- trollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remediated with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Engineer or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The non- performing party shall, within a reasonable time of being prevented or delayed from perform- ance by an uncontrollable force, give written notice to the other party describing the circum- stances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 16.0 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. ARTICLE t7.0 - MISCELLANEOUS 17.1 Nonwatver. A waiver by either Engineer or Owner of any breach of a provision of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 17.2 Precedence. In the event of conflict, errors, or discrepancies between the declarations or articles of this Agreement and any mutually agreed written task assignment pursuant to this Agreement, provisions of the written task assignment shall be given precedence over the dectara- tions or Articles in resolving such conflicts, errors, or discrepancies. 17.3 Severability. The invalidity, illegality, unenforceability, of occurrence of any other event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision of this Agreement shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or pro- vision held to be void, The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. ARTICLE 18.0 - INTEGRATION AND MODIFICATION This Agreement is adopted by Engineer and Owner as a complete and exclusive statement of the terms of the Agreement between Engineer and Owner. This Agreement supersedes ali prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between the Engineer and Owner pertaining to the Servihs, whether written or oral. This Agreement may not be modified unless such modifications are evidenced in writing signed by both Engineer and Owner. • ARTICLE 19.0-- SUCCESSORS AND ASSIGNS 19.1 Owner and Engineer each binds himself and his partners, successors, executors, admin- istrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrator, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. 19.2 Neither Owner not Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the %ritten consent of the other, except as stated in paragraph 19.1 and except to the extent that the effect of this limitation may be restricted by law. Unless specifical- ly stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothirg contained in this paragraph shall prevent Engineer from employing such independent consnitants, E.ssoci- ates, and subcontractors as he may deem appropriate to assist him in the performance of serv- ices rendered. 193 Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than Owner and Engineer. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives effective the day and year first above written. CITY OF DENTON, TEXAS BY ATTEST: Date TITLE CITY SECRETARY BLACK & VEATCH, ENGINEERS-ARCHITECTS APPROVED AS TO LEGAL FORM: BY. Date ASSISTANT CITY ATTORNEY TITLE.... • ATTACItMLNT 1.0 SCOPE OF ENGINEERING SERVICES INTRODUCTION This Scope of Engineering Services describes Black & Veatch's responsibilities relating to the Lewisville Hydroelectric Project. The schedule for the project accompanies this attachment. BLACK & VEATCH'S RESPONSIBILITIES Black & Veatch agrees to accomplish the following activities to provide the Owner appropriate and necessary results from such activities. Project Administration (1) Records. Maintain the necessary project records, eports, manuals, calcula• tions, and technical data. !Maintain records of financial management data, schedules, reports, and analyses of the project. (2) Confere~sces. Hold periodic conferences with .h,! Owner to report on pro- gress and status, and to discuss solutions to possible problems. (3) Quality Control: Apply Black & Veatch's standing quality control program to the project consistent with the needs of the project. B. Project Planning and Control (l) Project Instructions. Prepare Project Instructions that will establish the pro- cedures and project Me system necessary to control the administrative interfaces among the Owner Black & Veatch, and third parties. (2) Scheduling. On the basis of general schedule milestones established by the Owner and Black & Veatch, develop and periodically update project sched- ule for engineering, design, and procurement, 13) Cost Estimating and P-sdgets. Prepare a project cost estimate. The estimate will be developed after design parameters have been successfully established to define contract accounts prior to the purchase of plant equipment. (4) Enginecring Progress Reports, Prepare aad periodically submit to the Owner rl:ports on design, cost, and schedule status of the project. Any !ignificant changes In design, project costs, or schedule during the preceeding inonth will be reported, the reasons for such changes will be stated, and recommert- dations will be made for appropriate action. C. Determination of Project Design Basis (1) Project Design Memorandum. Prepare a Project Design Memorandum defin- ing the design criteria to be in:orporated in the detailed design, The quality of specified materials and construction work will be consistent with project longevity, rehabWty goal+, and overall project costs. i (2)• Surveys. Provide topographic and hydrographic surveys as required for the project. (3) Hydraulic Design. Perform a transient analysis of the hydraulic system including the existing fish hatchery supply line to determine appropriate valve closure times. (A) Explorations. Provide subsurface foundations explurations and soils investi- gations as required for the project. (S) Soil Resistivity Measurements. Provide engineering services for onsite meas- urement of soil resistivity to support electrical grounding and cathodic protection desil n. D. Licensing and Financing Assistance Provide technical and licensing support to secure remaining permits and licenses and to comply with terms a.-id conditions of existing licenses and permits. Provide necessary drawings and data to secure required design reviews by the Corps of Engineers, FERC, and other agencies. Assist the Owner, as required in negotiating the Memorandum of Understanding with the Corps of Engineers. Prepare the "Engineer's Statement" necessary to support the serving of project financing. E. Design Engineering (1) General (a) Complete designs, equipment, sizing, drawings, specifications, and otb^r supporting efforts to the degree of dettil that competent con- tractors can clearly determine manufacturing and construction work requirements. Drawings will be prepared to minimize field engineering design and associated construction delays. (b) Prepare calculations as required for design decisions. equipment and material selection, and preparation of construction drawings. (c) Develop the detailed site arrangement including provisions for location of all structures and equipment. (d) Prepare' preliminary drawings of equipment arrangements for Owner review and comments and final arrangement drawings for construc- tion. (e) Prepare construction drawings including the following. Site arrangement (penstock and powerhouse). • Piant arrangements. 4'M 7 . Bifurcation at existint, outlet facility. Penstock. Roads and walkways. Grading and fencing. Drainage. Foundations. Structural steel, platforms, and stairs. Structural concrete. Equipment location. Piping 2.1/2 inches and larger. Temporary piping. Raceway. Fire protection. Underground utilities. Grounding and cathodic protection. Lighting and control wiring. Electrical schematic and interconnection diagrams. Others as required. (2) Civil/Structural (a) Provide design engineering for construction facilities including lay down areas, parking lots, and drainage. • (b) Pro:,ide analysis of geotechnical investigations and soil borings for foundation design. (c) Provide detailed design drawings for hydraulic structures including penstocks and valve structures in accordance with applicable code requirements and seismic design criteria. (d) Provide detailed design for powerhouse and auxiliary structures including foundations, concrete and reinforcing steel, structural steel, platforms, stairs, and enclosures. (e) Provide detailed design for foundations and supporting members for all equipment. (f) Provide architectural design for the facilities. (3) Mechanical (a) Provide design engineering including piping and instrument diagrams, and piping design of auxiliary mechanical equipment such as the equipment cooling water system and other necessary mechanical systems. i S (b) Provide def+on engineering of heating, ventilating, and air conditioning systems OtIVAC) for plant facilities. This will include arrangements of HVAC equipment, and unit heaters which will be shown on design drawings. (4) Electrical (a) Prepare grounding drawings showing grounding method and connec- tion to major equipment. (b) Prepare raceway and circuit lists for electrical installation. (c) Prepare raceway drawings to be used in conjunction with raceway and circuit lists. (d) Provide protective relay settings. (e) Prepare lighting and communications drawings for all permanent facilities. (5) Instrument and Control (a) Prepare control and instrument schematic and interconnection dia- grams showing electrical control functions and devices. Interface connection diagrams will be prepared for all electrical equipment. (b) Prepare instrument installation drawings. (6) Switchyard (a) Provide engineering design for the switchyard, F. Procurement (1) Equipment Spcifications. Prepare specifications for all major material and equipment including spare parts. Unless otherwise directed by the Owner, material and equipment will be purchased through competitive bidding and fixed price contracts. The following purchase specifications are planned. (a) Turbine. generator and station electrical equipment. (b) Penstock. (c) Valves. (d) Switchyard electrical equipment. (2) Construction Specifications. Prepare construction specifications as required. It is anticipated that only one construction package will be necessary. (3y' Bidders List. Prepare a list of potential bidders for equipment and construc- tion procurement as required and submit this list to the Owner for review and final bidder selection. (4) Bid Evaluation. Prepare a technical and economic evaluation of vendor and contractor proposals or bids and subinit recommendations to the Owner. (5) Contracts and Purchase Orders. Prepare the purchase order or contract issue of each specification for the Owner's execution. Establish engineering, fabrication, delivery, and construction schedules as applicable. (ti) Processing Submittals. Receive and review vendor supplied data for conform- ance with contract requirements. (7) Procurement Files. Index and maintain procurement files. (8) Progress Meetings. Participate in meetings with contractors, suppliers. and the Owner as required for effective review of progress and coordination of design, construction, and start-up activities. (9) Contract Administration. Perform all contract administration for equipment and materials contracts. (10) Delivery Status and Expediting. Monitor the status of equipment manufac- ture and delivery and perform expediting when appropriate. G. Resident Engineering The engineer shall provide resident engineering services as OUtlined below. (1) Establish a field project office and furnish resident engineering personnel. The scope of services includes 120 man-days of effort by a resident engineer. This effort will be supplemented, as required, by the Owner. (2) Arrange for the construction contractor's unloading, handling, and storage of materials. Determine compliance with specifications and inspect for evidence of damage. (3) Maintain records of deliveries of matetials for use in checking of progress payment invoices and for scheduling purposes. (4) Monitor the material delivery commitments specified in material purchase contracts to ensure the,shipment of material will coincide with the project construction schedule. (5) Monitor and inspect to the extent practical activities of the construction contractor to ensure compliance with the specifications and contract docu- ments. • (6)" Monitor construction progress by means of a project construction schedule. (7) Participate in scheduling and construction conferences with the Owner and construction contractor as required. (3) Review progress payment invoices and make recommendations to the Owner for payment of construction contracts by the Owner. (9) Initiate change orders as required for any required field modifications. (10) Supply the necessary technical support in the field to interpret drawings and perform such other engineering interface work as may be required in support of the construction. (11) Conform Bla_k & Veatch drawings to agree with construction records and furnish to the Owner the original mylar tracings of all drawings. The draw- ings will be provided at the conclusion of the project. Black & Veatch will retain one set of aperture cards for record purposes. H. Engineering Completion The Engineer shall provide the following engineering completion services. (1) System Descriptions. Prepare preliminary and final system descriptions for • all plant systems. A complete system description will include as a minimum the following. (a) General description of system functions and operation. (b) Instrument and control diagrams. (c) Control logic diagrams. (d) Description of system equipment. ;e1 Equipment performance curves. (1) Preoperational testing requirements. (g) References such as related drawings and manuals. Preoperational Testing and Start-up. Black & Veatch will establish the total plant start-up sequence and will be responsible for writing and supplying a Plant Start-up Manual. The manual will be prepared on a system basis. The Owner's operating organization will supply input and assist personnel in writing and preparation of this manual. Black & Veatch will submit the Plant Start-up Manual to the Owner for review and approval. The Owner will operate all equipment and shall be solely responsible for system and plant operation and for the adequacy of the Plant Start-up Manual. As a part of start-up of individual systems, preoperational tests will be performed, con- sisting of final inspection of all equipment and energizing and running of all equipment and systems. Systems will be independently tested for proper operation. to Black & Veatch will establish system acceptance criteria that reflect system design and the vendors' perdicted performances. Test proceduers will be prepared by Black & Veatch for review and approval by the Owner. (3) Performance Acceptance Tests. For warranty purposes, oversee equipm:,t performance acceptance tests when required by the Owner. Black & Veatch wig set the test requirements based on applicable performance test proced- ures. Tests will 1% performed by the Owner. Black & Veatch will review test results and make recommendations to the Owner concerning acceptance or any contract adjustment that may be required. (4) Operating, Manual. Provide a Plant Operating Manual. The Owner will supply input and assist Black & Veatch personnel in the preparation of this manual. The manual will include plant start-up, shutdown, normal, abnormal, and emergency operating conditions. The Owner shall be responsible to review and approve the Operating Manual and shall be solely responsible for its use. OWNER'S RESPONSIBILITIES The following activities for the project will be accomplished by the Owner ity or others and results from such activities provided to Black & Veatch. (1) Approve all proceduers jointly estabUshed to govern the relationships between the Owner, Black & Veatch, and third parties involved in the project. • Provide financing and general administration. (3) Establish the actual disbursements of all funds to contractors. 1 (4) Establish policy decisions relating to administration of the project. (5) Make final engineering and planning decisions, in a timely manner. Black & Veatch will provide the appropriate information and recommendations for consideration by the Owner. (6) Execute and issue the formal purchase orders and contracts. Black & Veatch will provide appropriate detailed information, summaries, and documents for the use of the Owner. (7) Provide general accounting as required. Black & Veatch will provide appropriate cost breakdowns and summaries for use by the Owner (8) Provide milestone schedule dates defining the Owner's time-related requirements. (9) Make formal appUcation for and obtain all Ucenses, permits, and approvals required for the project oy federal, state, and county or local agencies. Coordinate agency consultation and review of project features. i • (10) Obtain water rights as required. (11) Obtain all legal surveys and permission for access to property, purchase all land, and obtain all land rights. (l 2) Provide economic criteria for use by Black Veatch for conducting engineering studies and evaluating equipment bids. (13) Provide copies of all available documentation and reports related to the project including, but not limited to, governmental reports, surveys, memoranda, and impact statements; feasibility studies; license applications including amendments thereto; maps; and hydrological, geological, and meteorological reports and sum- maries. (14) Provide engineering and construction management services related to design and construction of transmission and distribution system out from the switchyard. (15) Provide engineering, design, and installation of the supervisory control system to a plant interface terminal. (16) Provide resident engineering services at the project site to supplement the resident engineering services included in this Scope of Services. (11) Enter claims with suppliers and contractors, as required, for shortages and damages • to materials. Formally transfer materials to the construction contractor and obtain receipts for such transfers. EQUIP.INIFNIT AND .MATERIAL SUPPLIERS' RESPONSIBILITIES Equipment and material suppliers will be responsible to furnish equipment and materials as specified and as scheduled in accordance with purchase orders and contracts prepared by Black & Veatch and awarded directly by the Owner. All major items of equipment will be pur- chased directly from manufacturers or vendors based upon detailed specifications prepared by Black & Veatch. FIELD CONSTRUCTION CONTRACTORS' RESPONSIBILITIES fhe construction work will be performed under one or more separate contracts for power plant construction. Each of the contractors for field constructioc work will be responsible as an independent contractor under each respective contract prepared by Black & Veatch and award- ed by the Owner to accomplish the following, (l) Supply all supervision, labor, and construction equipment requited to perform the specified construction and installation work in a manner acceptable to the Owner and Black & Veatch. (2) Furnish in strict accordance with the contract those items of material and equip- ment specified to be furnished by the contractor for incorporation in the perma- nent construction. • i (3) Unload, store, and maintain Owner and contractor furnished equipment and expedite delivery of contractor furnished equipment. (4) Perform the construction work in accordance with the contract requirements and the construction schedule established for the project. The construction schedule will be included as a contract requirement. (5) Provide field office, furnishings, general office supplies, and clerical services for Black & Veatch and the Owner's field personnel. • ATTACHM'.12.0 COMPENSATION Owner shall pay to the Engineer for the performance of the Services the sum of the following amounts. (1) The amount of 1.85 times payroll costs for the actual time of office personnel applied to the Services. (2) An amount equal to the actual out-of-pocket cost or standard charges for all expenses incurred by Engineer directly chargeable to the Services rendered pursu- ant to this Agreement. Such expenses shall specifically include, but are not neces- sarily limited to, the following. (a) Long distance telephone expenses. (b) Standard charges for operating time actually applied to the Services of Engineer's computer center, other computer centers, and Engineer's auto- mated drafting systems. (c) Prints, reproductions, word processing, and printed documents at standard rates. (d) Reasonable traveling and living expenses for personnel. (e) The actual cost paid by the Engineer to third parties. (f) Other direct expenses related to the Services. An escalation rate of no more than five percent per year will be applied to salary costs for • services performed subsequent to December 31, 1984. Payroll costs include actual salary plus allowances for holidays, vacation, sick leave, FICA and unemployment taxes, worker's compensation insurance, and employee benefits including medic-i insurance, supplemental retirement programs, life insurance, incentive compensation, tuition reimbursements, and other miscellaneous benefits. The payroll allowance, exclusive of holidays, shall be fixed for the term of this Agreement at twenty-nine (29) percent of the hourly salary rate. Hourly alary rates shall be equal to the monthly salary divided by the number of regularly scheduled working hours during the Engi- neer's fiscal month; thus, the allowance for holidays is provided in the hourly salary rate. The Engineer's fiscal month is from the 27th day of each month through the 26th day of the succeeding month. Engineer will submit to (,:caner monthly invoices for Services performed. Each invoice will be submit'ed by about the fifteenth day of the month following the ;,+onth during which such Services were performed. Owner agrees to pay Engineer's monthly invoice within 30 day; after the invoice date and to pay Engineer a carrying charge of 1.1/2 percent per month (18 percent per year) or the maximum rate allowed by law, if less, on all amounts remair.±nq unpaid after 60 days following an invoice date. Owner has the tight to audit the time records and salaries of personnel and charges for direct expenses for assignments for which cost-plus compensation is provided. MMOF 1 i ATTACHMENT 2.0 COMPENSATION Owner shall pay to the Engineer for the performance of the Services the sum of the following amounts. (1) The amount of 1.85 times payroll costs for the actual time of office personnel applied to the Services. (2) An amount equal to the actual cut-of-pocket cost or standard charges for all expenses incurred by Engineer directly chargeable to the Services rendered pursu- ant to this Agreement. Such expenses shall specifically include, but are not neces- sarily limited to, the following. (a) Long distance telephone expenses. (b) Standard charges for operating time actually applied to the Services of Engineer's computer center, other computer centers, and Engineer's auto- mated drafting systems. (c) Prints, reproductions, word processing, and printed documents at standard rates. (d) Reasonable traveling and living expenses for personnel. (e) The actual cost paid by the Engineer to third parties. (f) Other direct expenses related to the Services. Engineer agrees that the total amount payable by the Owner for the Services shall not exceed • $230,000 (1984 S) for Design Engineering and S90,700 (1984 S) for Resident Engineering and Engineering Completion Services without prior written approval from the Owner. An escalation rate of no more than five percent per year will be applied to salary costs for services performed subsequent to December 31, 084. As long as the project schedule included as a part of Attachment 1.0 is maintained, the Engineer agrees that the total amount payable by the Owner for the Services shall not exceed 5141,000 for Design Engineering and 5100,000 for Resident Engineering and Engineering Completion as specified Payroll costs include actual salary plus allowances for holidays, vacation, sick leave. FICA and unemployment taxes, worker's compensation insurance, and employee benefits including medical insurance, supplemental retirement programs, life insurance, incentive compensation, tuition reimbursements, and other miscellanecus benefits. The payroll allowance, exclusive if holidays, shall be ftxet; for the term of this Agreement at twenty-nine (29) percent of the hourly salary rate. Hourly salary rates shall be equal to the monthly salary divided by the number of regularly scheduled working hours during the Engi- neer's fiscal month; thus, the allowance for holidays is provided in the hourly salary rate. The Engineer's fiscal month is from the 27th day of each month through the 26th day of the succeeding month. Engineer will submit to Owner monthly invoices for Services performed. Each invoice will be submitted by about the fifteenth day of the month following the month during which such • Services were performed. Owner agrees to pay Engineer's monthly invoice within 30 days after the invoice date and to pay Engineer a carrying charge of 1-1j2 percent per month (18 percent per year) or the maximum rate allowed by law, if less, on all amounts remaining unpaid after 60 days following an invoice date, Owner has the right to audit the time records and salaries of personnel and charges for direct expenses for assignments for which cost-phis compensation is provided. • ATTACHMENT 2,0 COMPENSATION Owner shall pay to the Engineer for the perfo,-nance of the Services the lump arum price of 5241,000 for Design Engineering and $100,000 for Resident Engineering and Engineering Completion Services. The Engineer's fiscal month is from the 27th day of each month througa the 26th day of the succeeding month. Engineer will submit to Owner monthly invoices for Services performed. Each invoice will be submitted by about the fifteenth day of the month following the month during which such Services were performed. Owner agrees to pay Engineer's monthly invoiee within 30 days after the invoice date and to pay Engineer a carrying charge of 1.1/2 percent der month ( l8 percent per year) or the maximum rate allowed by law, if less, on all amounts remaining unpaid after 60 days following an invoice date. • 1984 1985 A S O N D 1 F M A M 1 J A S 0 N U J F M A M 1 J A S O Project Administration Project Planning and Control Determination of Project Design Bob Turbine/Genemtor S A D Specification Design Engineering Civil mechanical Electrical Switchyard Electrial B A D Equipment Procurement 1'etutuclc Procurement 8 A D Central Construction 8 A Speciration ('aa>fruclian Mr.ne ement g c3 Engineering Completion a Bid A - Award U - Delia try PROJECT SCHEDULE r 0956L r NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BLACK AND VEATCH FOR ENGINEERING SERVICES FOR THE LEWISVILLE HYDROELECTRIC PROJECT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Denton to provide for its future needs for Engineering Services for the Lewisville Hydroelectric Project; and WHEREAS, the city staff and the Public Utilities Board has recommended that Black and Veatch, be retained to perform Engineering Services for the Lewisville Hydroelectric Project; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON$ TEXAS HEREBY ORDAINS: • SECTION I. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the City of Denton, and Black and Veatch, providing for Engineering Services for the Lewisville Hydroelectric Project under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SECTION It. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the - Say of 14_ RICHARD 0. STEWART, HAYOR CITY OF DENTON, TEXAS ATTEST: DEL OTTE , u CITY OF DENTON, TEXAS APPROVED PS TO LEGAL FORM: • JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: C`ti_'skY r Public Utility Board Minutes F}(~f!/~`/1r f0' December 12, 1984 Page three I Item 8, CONSIDER COATRACT WIPH BLACK AND VEATCH, CONSULTING ENGINEERS, FOR ENGINEERING SERVICES FOR LEWISVILLE HYDRO-ELECTRIC PROJECT, i The staff recommended the contract as one more step to keeping open the option of constructing the projected j hydro-electric facility at the Lewisville Dam, The contract is not to exceed $30,000. Board discussion inclue,j questions regarding the total amount of expenses incurred thus far on the proposed project, Mr. Nelson told the Board that the City had spent about $80,000 for engineering and license applications for both the Lewisville and Ray Roberts projects. Some members of the Board also questioned whether this project was wise sin=e it provided so little power relative to the City's total power needs. Other members of the Board suggested that energy diversificaiton is of prime importance and the cost of the project is reasonable since studies have shown the project to be economically feasible. Mr. Herring made a motion to accept the contract and recommend it to the Council for adoption, Mr. Thompson seconded the motion. Four ayes, one nave, motion carried. Item 9: CONSIDER BIDS FOR CAPITAL IMPROVEMENTS PROJECT 84-WW-51 PHASE F AND 85-1fW-6 PHASE II HOBSON LIFT STATION, BID Mr, Ham told the Board that the project came in at a cost of about $68,500 more than had been estimated in the Capital Improvements Plan (CIP), Mr, Coomes asked where the money to fund the additional cost would come from, Mr. Ham said the funds would come from either putting off or not funding other projects, rlr. Coomes requested to be informed where the funds had been found for this project when sucn information becomes available. Mr. Herring made a motion to recommend the bid of Weitzel Construction Co,, Inc, of $21d15U0 for Council acceptance. Mr. Coomes seconded the motion. All ayes, no nayes, motionocarried. At this time in the meeting, Mr. Nelson and Mr. Ham requested the Board allow them to present ttie backup for Items 10 tnrough 24 and then for the Board to take action since the items all related to oversizing, pro-rata agreements and occter capital construction. Messrs. Ham and Nelson showed a map and presented the Board with lists of all of the projects included in the discussion. Messrs. Ham and Nellon discussed the various projects wi'h the Board. The Board then decided to take each agenda item to be voted separately. DATE: December 21, 1984 CITY COUNCIL REPORT FOF44AT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Vacation/Bonus Time Policy RECOMMENDATION: It is recommended that the attached revision to the Vacation/Bonus Time Policy :1107.03 be approved. This proposal will replace the Vacation/Bonus Time Policy dated 8/21/84. SUMMARY: When the Vacation/Bonus Time Policy was adopted, August 21, 1984, there was discussion about a perceived reduction in the implementation of the benefit. The only way in which it is possible to apply the Vacation/Bonus Time benefit fairly to all employees is to increase vacation hours of Non-Civil Service employees to the level of Civil Service employees. There is one additional requirement that all employees utilize at least five vacation days a year. BACKGROUND: Currently regular City employees accrue twelve vacation days per year. Civil Service employees accrue fit±een days vacation pe.• year. Bonus time for Civil Service employees does not begin accruing until the anniversary of their With year of service. Bonus time for Non-Civ'l Service employees begins to accrue at the anniversary of their fifth year. This police will bring the amounts of accruals and the eligibility for Lonus time t%) the same levels. In order to standardize the benefit without cutting current benefits of any empl^yee group, this proposal is recommended as the fairest and most reasonable. PROGRkiS, DEPARTMENTS OR GROUPS AFFECTED: All regular full-time and part-time employees will be affected by this policy change. Page 2 December 21, 1984 Vacation/Bonus Time Policy FISCAL IMPACT: Vacation benefits are not a budgeted item, therefore there is no direct impact on the General Fund. Respectfully su d• i rs ug City Manager 4 a repared by: ry srey, rec o Personnel /Employ.:e Relations q;edtAitnve2288P/0054P R E S O L U T I O N WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton, Texas has presented a proposed policy regarding employee vacation/bonus time for consideration by the City Council; and WHEREAS, the City Council desires to adopt such policy to replace the existing policy on employee vacation/bonus time adopted by the Ccuncil by Resolution on August 21, 1984; NOW, THEREFORE, 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: Vacation/Bonus Time (Reference No. 107.03) SECTION It. 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 policy entitled vacatior/bonus time adopted by Resolution on August 21, 1984 is hereby rescinded. SECTION IV. This Resolution shalt be effective immediately after its date of passage and approval. PASSED AND APPROVED this the _ day of 1984. RICHARD 0. MAYO CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETARY CITY OF DENTON,tTEXAS APPROVED AS TO LEGAL FORM: .70E D. MORRIS, ACTING CITY ATTORNEY CITY OF fDE,N~TOQQN$ TEXAS BY: H. ~1~. CITY of DENTON, TEXAS MUNICIPAL BUILDING / DEN TON, TEXAS 76201 TEL EPNONEl8171566.8200 MEMORANDUM TO: Betty McKean, Assistant City Manager FROM: Kathryn Usrey, Director Personnel/Employee Relations DATE: January 3, 1985 SUBJECT: Yacation/Bonus Time Policy Attached is a draft of the Vacation/Bonus Time Policy with proposed changes incorporated. The draft includes changes to incorporate recommendations from the City Attorney's office as well as suggestions from the Police and Fire Departments. The City Attorney recommended wording changes to clarify rules regarding accrual, in particular, with Civil Service employees. That clarification has been provided. The major changes in this policy come from discussions in the fire and Police Departments. You will recall that the policy adopted was met with considerable dissatisfaction from the Fire Department, since they felt it reduced their benefits, After considerable discussion and research, it was determined that the only way to make this policy fair to all employees was to increase the vacation benefit of Non-Civil Service employees to the level of Civil Service employees. To accomplish this goal of equalizing vacation benefits, we are proposing two things: 1. Increase Non-Civil Service vacation accrual from twelve (12) days per year to fifteen (15) days per year. 2. Reduce the number of years of continuous service needed for Civil Service employees to be eligible for bonus time from ten (10) years to five (5) years. One other addition to this policy is the requirement that empployees use five days vocation per year. The intention of this requirement is to 1) further the intent of this benefit, and 2) to require employees to use hours on a regular basis to avoid losing hours due to excessive a%,cruals. Although it will not eliminate employees losing hours it will aid in reducing accrual carried over. Page 2 Vacation/Bonus Time January 3, 1985 Our intention is to take this policy back to City Council for adoption on January 85 1985 and make the changes effective February 1, 1985. Should you have any further questions or cuncerns regarding this policy, please let me know. a ryn ey, rec o ions Personnel/Employee Re KU/ch 2259P/0050P CITY OF DENTON PACEJ- OF-2._ lOLIOY/ADiL11f1~'!t~lIYZI ~>t00TiDVts/ADYIfIi~?LA?Ir= D!!=0?IVs SECTION. REFERENCE PERSONNEL /EMPLOYEE RELATIONS NUMBER: 107.03 sLBJECT. MCECTiVEE DATE WAGE AND SALARY PLAN 1-08-84 REPLACES T!TLE VACATION/BONUS TIME 8-21-84 POLICY STATEMENT: Vacation It is the policy of the City of Denton to provide vacation pay and hours to all regular employees who have completed six (6) full months of employment. Vacation hours for eligible employees are accrued on a monthly basis. Pay in lieu of taking vacation is not permitted except upon termination. Only employees who have worked with the City jor six (6) full months are entitled to be paid for vacation at termination. An employee is not eligible to use vacation hours until he or she has completed six (6) full months of regular employment. Vacation hours may not be used in advance of the hours being accrued. Vacation time for full-time non-Civil Service employees will be accrued at the rate of ten (10) hours per month of continuous service. The intent of this vacation benefit is to provide time away from the work environment to pursue activities that will promote the well-being of the individual and good physical, mental, and enotional health. In accordance with thl's provision, all full-time regular employees will be required to take at least five (5) days of vacatior, per year. Vacation accrual rates for Civil Service employees are covered in Vernon's Annotated Civil Statutes Article 1269, Section 3-2.1. Bonus Time In. addition to regular vacation, the City of Denton also awards bonus time to ` regular full-time non-Civil Service employees who have completed five (5) continuous year, of full-time (part-time employees are not eligible for this benefit) service to the City. Upon completion of five (5) years of continuous service, each employee shall receive four (4) hours bonus time. For every year of continuous service thereafter the employee will receive an additional four (4) hours for successive years beyond the fifth anniversary, PAGj2oF? . FO6IMADMIX11TRAT1VE FROC=D91MADMIXISTIATIVi DISM)TIV>s (C~atla~~~) REFERENCE 71T~E' VACATION/BONUS TINE NuMa 07.03 Example: Bonus Award 5th Anniversary amours 6th Anniversary 8 Hours 7th Anniversary... 12 Hours... This award continues until regular full-time service with the City has ended. Bonus time is awarded annually on the employees' anniversary date. Pay in lieu of taking bonus time is not permitted except upon termination. Civil Service employees are eligible for bonus time after the completion of five (5) years of continuous service. Bonus accruals will begin in the fifth anniversary and continue for each year of continuous service. Bonus accrual rates for Civil Service employees are: Police 4 hours per year Fire € hours* per year * (Proration based on twelve (12) hours equal one (1) day which is the calculation used to determine hourly rate.] Bonus accruals are four (4) hours (6 hours - Fire) per year for every year of continuous service and are awarded annually on the employees' anniversary date. Maximum Carry-Over The maximum allowed carry-over of vacation and bonus time is 320 hours per calendar year (January through December) for all non-Civil Service employees and Police Civil Service employees. Fire Civil Service employees shall be allowed 480 hours per calendar year. An employee may accrue as many hours of vacation as possible throughout the calendar year; however, it is the employee's responsibility to ensure that their accrual is below the maximum allowable hours by December 31 of any particular year. Regular Part-Time Employees (Includes 1/2 and 3/4 time workers) Part time employees accrue prorated vacation hours determined by their budgeted pay classification: half time • 4 hours; three quarters z 6 hours. These employees will not accrue bonus time. Employees holding more than one part-time position may not accrue more vacation hours per month than a full-time employee. (See Part-Time Policy 0106.08). Seasonal and Temporary Employees Temporary and seasonal employees shall not earn or accrue vacation/bonus time or be entitled to vacation/bonus time pay upon separation. MEMO" January 8, 1985 TO: MAYOR & MEMBERS OF THE CITY COUNCIL lV i FROhf: G. Chris Hartung, City Manager SUt3 JE C T: Consider Public Utilities Board Resolution Regarding Capital Recovery Fees. RECOMMENDATION: At the Public Utility Board's December 12, 19840 meetLig, the Board passed a Resolution recommending that the Council consider in!~iituting Capital Recovery Forus as a method to aid the Weter end Wastewater Cepartment in financing new trunk sewer lines, water Lransmission lines, webiewater treatment and water treatment plants. The proposed Capital Recovery Fees would tie charged to each residential unit (RU) or equivilent usage thereof if the development is commercial or industrial. The proposed Capital Recovery Fees are $625 per RU payable by the developer at the time of final platting and $600 per RU payable by the builder, homeowner or developer at time of paying for the water meter tap. SUMMARY: Analysis conducted by the Staff indicates that each new residential unit in the ("',y using 150 gallons of water per day per person and having 2.5 persons per house„old regidres the investment of $575 for additional water plant capacity, $625 for additional wastewater plant capacity, $300 for additional water transmission lines and water storage facilities and $325 for additional sewer trunk lines and sewer lift stations which represents a total of $1825 of capital costs for each new residential unit or equivilent thereof. The Public Utility Board's proposal is that the developer pay for the additional water transmission lines, water storage, sewer trunk lines and lift stations with the $625 Capital Recovery Fee; that the homebuilder pay for half the cost of additional water and wastewater treatment plants with the $600 1.apitai recovery fee, and that the rate payers pay the remaining $600, primarily through revenue bond debt service paym.nts. The developers would continue to be required to install generally 91 least B" water lines and 10" sewer lines within their developments and extend offsite lines to the nearest city lines. The Utility would pay all oversizing, above 8" or 10" or that size required by the development and the Ut:tity would construct all necessary additional offsite trunk sewer lines, water transmission lines, etc. The Utility would generally adopt a policy of alt~)wing service to any development, regardless of its size (consistent with Planning and Zoning Approval) and regardless of its location. 340 BU:32 Although the Public Utilities Board has recommended the subject Capital Recovery Fees, the Staff has not proceeded with the extensive legal research required to develop an ordinance. Such research will begin after the Council has had an opportunity to give Input end direction in this matter. The $625 Capital Recovery Fee would become effective on plats epprovPd after some specified date, therefore, would have no effect on already platted properties. The $600 portion of the Capital Recovery Fee paid by the builder would become effective on buildings where the building permit Is issued after some specified date. BACKGROUND. f he Public Utilities Board has teen studying the concept of Capital Recovery Fees for several months. Public Utility Board agenda information Is attached as Exhibit ` 11 arid Ill. PROGRAMS, DEPAR TMEWI S OR GROUPS AFFECTED: Utility Department, Planning and Zoning, Developers and Property Owners would be affected. FISCAL IMPACT: In 19841 the Utility connected 3,000 new customers. If all such customers were residential units or each equal to one residential unit, Capital Recovery Fees of $1,225 per RU would have produced revenue equal to $3,675,000. (A side benefit to the City's General Fund would be $73.50 additional return-on-investment for each RL) ($1225 x b%) or $220,500 for 3,000 nevi residenccs.) Respect full ubmitted R • G. Chr s artung City t4anager Prepared by: R. udson Directur of Utilities APYROVL )1, ( 4L~ Eli f4eison Director of Utilities EXH16IT I- Resnlutlon- Public Utilities Board H- PUB Agenda Item 10/1/84 Ill-PUB Agenda Item 11/28/84 1V -MINUTES PL Meeting 12/1.2/84 Related Newspaper Items 34081Jr33 . n ~ i,~~:r ~ 6 ) • r ,a; n t.' s , C wr,Tif f~-c t ''f' 01''ku E ,'1't ` RESOLUTION F,XHIBYT I OF TFE PUBLIC UTILITIES BOARD TFE CITY OF OENTON, TEXAS WHEREAS, The City of Denton, Terse, Public Utilities Board has labored for a number of months over the problems and opportunities of growtKand the effects of growth on the City of Denton Water and Wastewater Utility serviced and, WHEREAS, The number of applications for additional water and wastewater line extensions Is contirrutng to growl and WHEREAS, The number of line extensions requiring or allowing the City to increase line size to serve the City's customers, present and future, Is growing; and, WHEREAS, The Increasing number or oversize committments Is taxing the ability to provide those facilities watt. n it present rate structures and, WHEREAS, The continuing growth vall eventually require Int•essIN the plant facilities to provide clean water and safe Disposal of wastewaters and 1WIEREAS, the PU!)Iic Utilities Board finds that new sources of capital are necessary to meet the present and future needs of the City for Water and Wastewater services; NOW, THEREFORE, BE IT RESOLVED BY THE PUBLIC UTILITIES BOARD OF TW- CITY OF DENTON, TEXAS, THATs the pity of Denton, Texas, Public Utilities Board recommends to the City of Denton, Texas, City Council a general outline, Attachment 1, for fees to offset some of the ever-increasing capital coats through a system of capital recovery fees; that such fees, when collected, be dedicated to specific accounts only to be used for capital replacement or expansion and not become a part of the operating structure of the Denton Municipal Utility Department or other City of Denton, Texas, operations; that the City Council of the City of Denton. Texas, provide the Public Utilities Board with guidance as to whether to continue to explore the opportunities for such fees and produce an ordinance setting out and levying such feed that the Public Utilities board respectfully requests to meet with the Council In work session; and that the City Council of the City of Denton direct staff to provide all support necessary to develop and Implement such fee structure to insure the t ntinued fiscal end physlcsl integrity of the City of Denton, Texas Odlity Sy'tem. ROLAND L Y, CH PUt3LlC UTILITIES BOARD CITY OF OEHTOPJ, TEXAS ATTEST; EDWARD CUOME , SECR IARY PUBLIC UTILITIES BOARD CITY OF DENTON, TEXAS APPROVED AS TO LEG aL FOF.Mt JQWPH MORRIS, ACTINU CITY A TTORHEY C Y OF DENTON, TEXAS „ r d s ATTACHMENTI OUTLINE OF PROPOSED ORDINANCE December 12, 1984 WATER AND SEWER SERVICE CAPITAL RECOVERY FEES FOR WATER AND SEWER LINES I. Capital Recovery Fee for Water & Sewer l.Ines A. A water and sewer line capital recovery fee of $625 shall be paid for each single family residential lot, single family residential living unit or residential equivalent (RE) if the development is a non-residential commercial or industrial development. This capital recovery fee is to pay for the incremental cost of off-site water transmission lines, overhead water storage facilities, off-site sewer outfali lines, off-site sewer lift stations and oversizing of on-site and off-site water and sewer lines. B. Payment of Fee Payment of the Capital Recovery Fee for lines shall be at the time of platting. II. Capital Recovery Fee for Water/Wastewater Treatment Facilities A. Fee A water/wastewater plant capital recovery fee of $600 shall be I paid for each single family residential lot, single family living unit i or residential equivalent if the development is a non-residential 1 commercial or industrial development. This capital recovery fee is to pay for the incremental cost of Water Treatment and Wastewater I reatment Plant capital costs. B. Payment of Fee Payment of the capital recovery fee for plants shall be paid at the time of payment for the water meter. The capital recovery fee shall be in addition to the water/sewer tapping fees or water meter setting fees. ill. Calculation of Capital Recovery Fee A residential equivalent (RE) shall be based on water usage of 375 gallons per day. Non-residential commercial, governmental and Industrial development RE's shall be calculated by using water usage standards as listed in the Texas Department of Health Rules and Regulations for Public Water Supplier Systems, Table A. 3361Us1 ,77 IV. Changes In Zoning, Platting, Use or Density. A. The Developer shell pay an additional capital recovery fee for any changes in zoning, platting, planned development or land use wherein the density Is increased resulting in an increased usage of the water and/or sewer system. A credit or payment from previously paid capital Improvement fees will be made to the developer if the Inten ity or density is decreased from the original plat prior to construction of the originally planned development and prior to expenditure of funds by the City for any facilities required to serve the development. No credit or payments will be made for decrease in the intensity of use of any existing constructed development. 13. Calculation of payments and credits for changes in density. Additional payments or credits for increases or decreases in the planned use of the development shall be calculated by the following k formula: RE Fee x (proposed use RE- platted or existing use RE) (positive values are payments by developer, negative values are credits to developerl however, no credits or payments will be made for a decrease in the intensity of use of any existing constructed development.) V. Applicability of Ordinance This ordinance shall be applicable to all new subdivisions receiving final plats after March 11 1985, except that Section IV shall apply to all existing pletted subdivisions after March 1, 1985. V1. Special fund established for capital improvements. A special fund entitled "Water and Sewer Capital Improvement Fund", shall be established in which shall be deposited capital recovery fees and pro rate fees. The water/sewer capital improvement fund shall be utilized to make capital Improvements in the water and sewer systems for installation of water transmission lines, oversize water and sewer line, overhead water storage facilities, water booster pump stations, sewer outfall lines, sewer lift stations, water plants and sewer plants. 3361Ut2 r EXHIBIT :I October 1, 1984 PUBLIC UTILITIES BOARD AGENDA ITEM 01 SUBJECT: Consider Policies Regarding Extensions and Oversizing of Water and sewer Lines. SUMMARY: I. HISTORICAL Since the mid-19S0's the City of Denton has required developers to install the local water distribution and sewer collection system. Denton has primarily required developers to install 6" or 8" water lines and 8" sewer lines. The developers were required to provide offsite extensions to their developments and receive a pro rata contract in return. Denton paid all oversize of the lines within and exterior to the development. Denton did not greatly restrict tying into existing lines, anO generally programed in a capital improvement plan to parallel overloaded lines that were offsite of the new developments. The sizing of lines was based upon a broad master plan concept and, in the absence of any master plan detailing sizing, was based on near term requirements for the area. The city had not paid oversize on any lines outside the city limits as these were very rare. I1. PRESENT ORDINANCES AND POLICIES The city presently requires the owner/developer to provide all necessary water distribution and sewer collection lines within the development with the water lines being 4" and the sewer lines being 10". Denton requires the owner/developer to provide all offsite extensions to the site. Denton requires the sizing of lines to meet an overall master plan, and where the master plan is not well defined, an engineering analysis is made and the line is sized to accommodate a moderate growth for the Service area. Denton presently has been paying for oversize of the lines within and exterior to the development. At the Board's direction, the staff has begun requesting owner/developers outside of the city limits to pay all of the cost of the oversizing. The oversizing of a line is determined based u n the developer's requirements and a moderate growth protected over the next 20 years. Since the new subdivision rules and regulations have been implemented, the City of Denton is requiring the owner to provide some offsite water transmission and/or sewer line improvements or construction where existing facilities are already loaded or are committed to other develol-Aents. This is creating concerns in the following areas: 3234U:S-8 A. What property owners get first call on any spare line capacity? B. Prelim+nary plat3 are primarily used to identify the "first come-first serve" criteria, but some owner/developers get a preliminary plat approved and then do not develop on the property and this ties up the capacity for other developers who have funds available and are beginning to develop. C. Requiring a developer to do offsite transmission/interceptor line construction cr improvement is a major upfront cost for a developer which must be passed on to the new home or business owner. This requirement becomes, in a sense, an indirect impact-type fee. D. Allocating capacity to developments on a "first come-first serve" basis may be a poor use of capital resources, since some existing lines may not be full, but they are committed to a developer who does not intend to develop in the near term. This may require another developer to run a new line parallel to one that is far from reaching Its capacity. IlI. PRESENT PHILOSOPHY OF DEVELOPMENT CHARGES AND RATES The present policy follows the "postage stamp" rate and charges philosophy with the exception of requiring developers to install some offsite interceptor/transmission lines. This concept essentially states that all customers of the same customer class, i.e., residential, commercial, etc., should pay relatively the same for the development of their property and for rates regardless of their location in the city or the time in which they became a customer or a resident in the city. By requiring the owner/developer to install the local 8" water lines and 10" sewer lines, the basic needs of water and sewer facilities in the neighborhood are met. With the city paying oversize of these lines, both within the development and offsite of the development, places the burden for the transmission/ interceptor lines on the capital improvement grogram which is financed by revenue bonds which are paid or by rates which are then paid for by all residents regardless of their location. If the owner/developers were required to pay for the entire oversize of the line, those customers living closest to the water plant or sewer plant would be paying for transmission capacity that benefits customers who live several miles from the plants. The concept of paying the same rate regardless of when a resident moves into the city is 77 7,- A ! t .e consistent with Denton's paying for major sewer lift station improvements, water transmission lines, water towers, major sewer interceptors and water and wastewater treatment plants with revenue bonds. All of these facilities are paid for by revenue bonds which are, in turn, paid for by rates by all customers at the same rate and does not differentiate whether the customer is a new customer or has been a long-term customer/resident of the city. Impact fees used to pay for new treatment capacity or major cater transmission line or major sewer interceptor lines causes the new residents/customers of the city to pay higher charges than the longer term customers/residents. M IV. ALTERNATIVES Denton could continue with its existing policies which will continue to place a heavy burden on the city's capital improvements program. This is necessary in order to build new major water transmission lines, sewer interceptor lines, water towers, sewer lift stations, etc. These bonds will be paid fo: by the utility rates charged uniformly to all customers. Some cities have instituted impact fees which range anywhere from $750 per residential unit as in the case of Grapevine, Texas, to $1000 per residential unit in Coppell, Texas. The City of Austin has implemented such impact fees and the City of Dallas has given consideration to impact fees. Another north Texas city pays for the oversizing of lines within the development, but does not pay any on the oversizing of any offsite extensions until other developments tie on to that line and oversizing is paid the same time the pro rata fee is paid. This policy encourages development close in to the existing system. Another city actually installs the offsite extensions and charges the developer on an equivilent per residential basis for the debt service to pay for such facilities. As each new customer ties on to the line, the annual fee to the developer is reduced by the corresponding amount. Instituting impact fees or requiring the developer to make major upfront expenditures ultimately increases the cost of new homes, businesses and apartments to the city's new residents who occupy those facilities. it also substitutes privately provide.! capital which has a much higher interest rate than publicly provided capital such as the city's revenue bonds. An owner/developer paying impact fees of $1,000 or $2,000 ptr lot will ultimately have passed on to the homeowner who wall then have to pay 'iigher mortgage payments (which probably will have a higher interest rate than utility revenue bonds), plus slightly higher taxes due to the greater value of the home, plus the additional profit that the developer will make on this $1,000 increased cost of the home plus the 71 realtor's fee on top of this added $1,000. Attached is a decision analysis that might be helppful in reviewing some of the questions and issues in the deliberation on this policy. This is b,- no means intended to be comprehensive but rather a frame work to identify some of the issues that exist. Also attached is a commentary from a magazine on land use law, dated July 1984, regarding the law, economics and equity of sewer and water connection policies. This is a very interesting article on how the law views extension of water and sewer lines and what happens when sewer lines are full or when water lines or sewer lines are used to direct growth. s Respectfully, R. E. Nelson Director of Utilities EXHIBIT I Decision Analysis 11 Magazine Article 3234U EXHIBIT IIJ November 28, 1984 PUBLIC UTILITIES BOARD AGENDA ITE4 11 SUBJECT: :onsider Policies Regarding Extensions and Oversizing of Water and Sewer Lines. S UMM AR Y At the October 1, 1S84, Public Utilities Board meeting, the Board requested a report answering the following questions: 1. Explain ramifications, costs, ordinance changes required, etc., wherein, a) new residents pay for new transmission/interceptor costs, b) all customers pay for next incremental cost of plants, 2. Explain ramifications, costs, ordinance changes required, etc. wherein, a) new reside►,~s pay for new transmission/interceptor costs b) new customers for pay plants 3. List of policies/urdinances for water/sewer extensions that would control or direct growth and discourage "leap frog" development. 4. Report on pros and cons of charging developer for oversizing inside city limits. 5. Report on the effects of zoning on utility developments. b. What is the political effect of some of the alternatives. To explain the ramifications of the various alternatives, it is necessary to develop per household costs for water plants, water towers, water transmission, sewer plant and sewer interceptor/pump stations, The following is such a tabulation of estimated costs prepared by the Staff. For a more thorough and more precise estimate, it may be appropriate to hire a consultant such as Hogan and Rasor or Freese & Nichols, 33410:2 Per capital water Use ISO GPD/Person Overhead Water Towers SS GPD/capita I I Per Capita Sewer 125 GPD/Person k I Persons per Household 2.5 Persons/nousehold I Water Plant Costs $1.50 per GPD I Water Transmission Lines $ SO per GPD I j Overhead Storage $ .50 per gallon I I Sewer Plant $2.00 per GPD II I interceptor/Pump Stations $1.00 per GPD Water Production Plant I Costs Per Housenold ISOGPD/Capita x 2.S I persons/Household I • 37S GPD/Hse I x 1.50/GPse I i I COST......... $575.00/Hse* j Water Transmission 1SOGPD/Capita x 2.S t.osts Per Housenold persons/Household ■ 37S GPD/Hse I I x 50 Mr. /GPDHse I k I COST......... $200.00/Hse Overhead Water Storage SS/gal/Capita x 2.5 I Costs Per Household persons/Household I ■ 137.S Gal/Hse I x 37S k $j COST......... /Hse $100.00iHse j I I Sub-Total•Wtr. Trans. $181.50 Water Towers 103.13 $284.63/hse I COST......... $300.00/hse* I SEWER PLANT 125 GPD/Capita x 2.S I I Costs per Household persons/Household • 312.5 GPD/Hse x 2.00/GPD 6625/Hse ` COST......... I I INTERCEPTOR/PUMP STATIONS 125 GPD/Capita x 2.5 ` costs per Household persons/Household I • 312.S GPD/Hse x 1.00/GPD se COST......... $32S/Hse* I *rounded up to nearest $1S V\\`1~ 10 ,L:a r.z v r.t v" 1 "t W ` e { 4yt r t, J 7:T, To compare the difference between applying a capital recovery fee to the developer or the new resident and the payment of new capacity by use of city revenue bonds, the following assumptions are made: 1. Bonds would be Issued for 100% of the project cost. 2. Bond debt service is $10/$100 of bonds per year. 3. Present equivalent households are 259000. 4. Growth rate is 5% per year, therefore 1250 new residential equivilents next year. 5. Developers' profit range is 25%. 6. Real estate broker, closing costs, loan applications, etc., costs =10%. 7. Hom interest rates are 13% end 30 year mortgages for annual mortgage payment of $12.00 per $100. 8. Taxes are City- 59¢/$IOQ, school- 88¢/$1001 county- 22y/$100 for total of 1690/$100 evaluation. The methodology for calculating the comparison between capital recovery fee and bond/rate financing per each $100 of capital costs is as follows: T CepTtaT-F~ecovery Fee i T ilev_.Psxs Bldr.PRX ! Bond liate Financed Ilnitial Cost $100 $100 I Initial Cost $100 I k I I Weveloper Fee $ 25 0 I Tot Bonds Req'd/$100 $125,GOU 1 I (25%) 1125 $100 i (1250 new has) i I l I (Real Estate, $ 12.50 $10 I Annual DS Cost $12,500 1 I etc., Fees ! I I (10%) X37750 _ TTO I I j I 1 )Annual Mort. $16.50/yr $13.20 I Cost to all customers I 1($1?/$100 i (26,000 Gust) 48¢/yr ITaxes $ 2.32 $1.861 40/mo I ($1.69/$100) ------I I I I 1 1 TOTAL. A144-AL I I (COST/$100 $18.82 $15.06 1 1---------------------------------i--- -----------------------------I 3412U:1 • Analysis of 100% capital recovery fee (CW) on monthly mortgage payments; and carparison with the effect on rates if revenue bond financing were used for new facilities. Cast to flew l-imeowner for 100%(} Cost to Each Customer T- Developer Builder I For Bond Financing** I I C}Y Pays Fee " Pays Fee* I IPer Year Per Yearl Water Lines $ 300 $ 60/yr $ 5/rm $ 45/yr $ 4/rm $1.44/yr $.12/mo Sewer Lines $ 325 $ 60 r $ 5 mo $1 50 r $ 4rm $1.56 r S.13ATe Total Lines $ b25 120 yr IOrro 95 yr $ 8 7r -no 3.00 yr .251~mo Water Plant $ 575 $110/yr $ 9/Im $ 851yr $ 7/rm $2.76/yr $,n &O Sewer Plant $ 625 $120/yr $l0 mo $ 95 r $ 8 rrv $3.00 yr $.25 Total Plants $1200 $230/yr $19/rm $180/yr 315/rm $5.76/yr .49 tm Total for All $1825 $350/yr $29/rro $275/yr $23/rm $8.76/yr $.73 rno y *rounded up to nearest $5 **Assures 1250 new custojers per year r 34lZJs2 RESPONSE, ANALYSIS AND RAMIFICATION OF IMPACT FEE ALTERNA'fIYE 1.(a) Cost to new resident to pay for new water transmission and sewer interceptor. The cost to a new homeowner for water transmission would be AN INITIAL COST OF $300 or $30 to $40 per year. For sewer interceptors the initial cost would be $325 or $50 to $60 per year. For water and sewer lines the initial cost would be $625 or $80 to $100. If bond funds are used, the cost to each Denton customer would be 89/month for water transmission and 139/month for sewer interceptors to service 1250 new homes or a total of 219/month. (b) Cost for all customers to pay for next the incremental cost of plants. The cost to a new homeowner for water plant capacity would be an initial cost of $57S or $85 to $110 per year. For sewer .plant capacity the initial cost would be $625 or $9S to $120/month. Tne combined initial cost would be $1200 or $180 to $225 per year. If bond funds are U3ed, the cost to each Denton customer would be 239 per month fur a water plant and 259 per month for a sewer plant to service 1250 new customers or a total of 481/month, i Note -o Please recognize that it is not normally possible to instal: plant capacities incrementally to only serve 1:30 homes. Il plant capacity were increased in increments of 4MGD, the increases would be approximately 10 times as great. (c) Prior to approximately one year ago, tht City accepted the responsibility for all water transmission and sewer interceptors and if reasonable capacity was available for the immediate or first phases of development, the developer was allowed to tie to tae line. If reasonable capacity was not 33220:20 n ie, f P. ^ a9 P :T V' vavailable for such initial development, the City denied the developer access to the line an(! the developer could either wait for a city capital iaprovPrjent project or could install tae capacity themselvo<. During the past year after passage of the new subdivision rules and regulations, the City has required that capacity for the entire project be available prior to allowing plat approval. Several agreements have been made with developers wherein they have agreed to install necessary capacity for their entire project in order to get plat approval for the project. To change from the present policy wherein the City accepts responsibility for oversizing and installation of water transmission and sewer trunk lines, an ordinance, which would be an amendment to the subdivision rules and regulations, would be required to establish a fee of; a) $300/household equivalent for water transmissions and, b) $325/household equivilent for sewer interceptor/lift stations. Such an ordinance would probably require the review of the Planning and Zoning Commission prior to submitting a recommendation to the Council for approval. Tne fare could either be collected at the time of platting from the developer or at the time the builder requests a tap. A front end cost to the developer of $625 per lot would probably cause the cost of the lot to be higher (our analysis assumes 2S% higher) to the ultimate resident than if the fee was charged to the builder. However, if the developer pays the impact fee, the City would receive the funds in larger increments and could perhaps begin construction of the water transmission and interceptor lines sooner. 33220:21 . Upon receiving such impact fees, the City would incur certainly an ethical obligation, if not a legal obligation, to commit to the construction of water transmission lines and sewer interceptor lines on a timely basis to support the development that have paid the impact fee. Implementation of impact fees for either lines or plant, but perhaps more so with plants, places the burden for new incremental cost capacity on the new customer. The new customer also must continue to pay a proportional cost of previously built capacity in their utility bill just the same as existing customers. From a legal rate making basis, this is possibly the issue of greatest concern. However, since developers are rarely also the rate payer, and since most rate payers who are also new homeowners or renters rarely know exactly What went into determining the cost of their homes (lots) or apartments, this issue nf paying twice for lines and plant capacity, etc., is not explored. 2.(a) New residents pay for new transmission. This is the same as 1 (a) (b) New customers pay for plants. This is the same as the first paragraph of 1 (b) wherein the cost to a new homeowner for water plant capacity would be $575 or $85 to $110 per year. For sewer plant capacity, the cost would be $625 or $95 to $120 per month. (c) Ramification, ordinances, etc., are explained in 1(c). 3. List of Policies/Ordinances for water/sewer extensions that would control or direct growth and discourage "leap frog" development. 3322U:22 a) Require developer to install line sizes adequate to serve the general service area in which development is proposed and pay for all offsite extensions and oversize of same. Pro rata rebate payments returned to developer as other developments tie on to the line with such pro rata being based on volume usage of the line. Rebates could be paid for oversize portion of the line as each customer ties on. This perhaps should be made to the homeowner or builder since the developer may have already included this cost in the lot and such rebate to the developer would merely be a "windfall" to the developer. b) Decertify all areas in which the City does not want to extend service. This may spawn many uncontrolled municipal utility districts, wells and septic systems that the City may later be forced to accept. 4. Pros and cons of charging developer for oversizing inside city limits. One of the responsibilities of a utility is to serve all customers uniformly, regardless of where they live and generally when they become customers. Charging the developer for all oversizing may place a greater burden on customers who will move to the city in the future, and would place the greatest burden on new customers living closest to the plants and close to major dater and sewer lines. Not charging developers for oversizing places the burden on all rate payers uniformly and requires the City to accept the responsibility to have funds available and to support/approve payment of such oversize project, If the city does not pay for oversize, developers may use various techniques to licit the size of line they place in an area and then through zoning or "planned development" changes place a greater burden on the line than previously planned which may require the city to run a parallel line. 3322U:23 .i S. Effects of zoning on utility development. Zoning has substantial effect on water transmission, sewer interceptor and electric system development. The major problems arise when an area, shown on the development guide or in zoning as "moderate intensity", is increased to a greater intensity. This can be done by cummulative zoning wherein an area zoned commercial can be used either for low use retail commercial or high density multi-family. This often results in sewer being undersized and water lines unable to meet fire hydrant flow requirements. 6. Political effects of various alternatives. Tne staff prefers not to address the political effects since the Board is probably more astute to political issues than the staff. The staff's responsibility is to technically design a good utility system, operate the system in an efficient and reliable manner and follow the policies as established by the Board and Council. Respectfully, r l R. E. Nelson Director of Utilities 3341U:3 ..t CAPITAL RECOVERY CHARGES CITY OF AUSTIN, TEXAS $ 2,500 for 5/81, Meter (multiplier= 1.G) $ 3,750 for 3/4" deter (multiplier= 1. S) $ 6,250 for I" Meter (multiplier. 2.5) $ 12,500 for 1-1/2" Meter (multiplier= 5.0) $ 20,000 for 2" Meter (multiplier. 8.0) $ 37,500 for 311 deter (multiplier= 15.0) $ 62,S00 for 4" ;deter (multiplier. 25.0) $200,000 for 611 Meter (multiplier= 80.0) 33SOU:1 •L IMPACT/AVAILABILITY FEES Wk= AND SEM AVAIIABII M SURVEY - PER tk= CITY FEE Bedford No Colleyville No Ft. Worth Working on survey Arlington Working on survey Austin Yes ($600 water and sewer) Houston Yes ($800 water and sewer) McAllen Yes ($500 sewer) Crowley Working on survey Saginaw Yes ($1,646 water and sewer) ($1,312 per apt. unit) Southlake Working Benbrook Y $1, 00 water and sewer) Plano Yes ($100 water and sewer) ($75 per apt. unit) Dallas Working on survey Azle NO Richardson ($7 per foot water) ($7 per foot sewer) Lancaster No Rockwall Yes ($1,000 water and sewer) ' Hurst No Richland Hills working on survey White Settlement No Farmers Branch No Seagoville No Watauga No Georgetown ($1,500 water - $750 sewer) RonndroLk ($650 water and $650 sewer) Bastrop No (Working on survey - looks like $600 water and $600 sewer) Metropolitan a. Job. Friday, January 13, 1984 elm sued inmut uw t~ Wl; K~ pi)# 17 A ~~Da1las officials propose waterogorate chap e sod s~ Cco Rudri`tle to olrser u mute as half of the togtrecosu turn et apartmentor Butlden rbo h flit rafe flallu ollkLls nikd iLnrs n coq ee lm that each be in 9 r q• th.t Sad Ilse capful reeve the amount of sander Y.lt Doll" IOalTCLASS a Lome orbos4 ►uslnesa weer hoolnpt Those lions of city water muse lever err fee raid eld the ntyY plat. wart The day tar raterreSa changes that system,Pwatergth tnlnyfhprto- the few b11a ASTIT@ City pe raLId of tgerostofiilermalfu P V*U Save abobqL tepeyeh - w►o have Taylor propgaed t►q the tthe C30 Would told down rain by adding meet Director Thomas t Taylor costs, be r Pal a abate of listed hThe exit %I in for SLN to 'be can of a single raw. told the eounot during a morn. Sur each flew home, busmen rLtklolh ca41 s ne builders the turreal they rpe1ats fA~er Ally home and would cut utility ing ►riefing epsron The concept was crilki.ed as ar opafimrnl is charged only a ht, ands oerto cmtrs Will ri t►a ►eie, water water n nal rot The Costs for loauclty rrderel Another 'antigrowth" byPuilJobe, prpt. mtaimalamouct - As tittbaa/ged barabsuwho agir Iisaaraa asst. op part of Taylor's Pro dcnt of the Nome end Apartment ..,u offset the salt of Ile and by 1■ din growth. The reimhrraems eooll lliamiste old Polarwuuhlcrlsomechugnfur 6utidenAasacufioaolMrlropoll msurule dUresly girded for coural ltiraler ,The city woar Aetll jrtfet•iurrsADisa 64 Mgr. Cbulp Anderson rederebpment lq Loop 11 uq Daltu SaW tha ptupomu were designed Qsuncd membe IS lenrrol, TAU water and Sawer CnflnectioU As. slowly, saving pulape 1 Pttcegt a Yts►Iq Mort (On flew con. Igearoura{etnuercNyrrr lutga Withheld comment because tbel Uepmestomrtoheapel!y• asl,ultuy Mgr. Ysclor Sohn fear,ta Mi bfd taop 11worb Composed 31" Yhtlr easnrtng tint current had not sells Juaih of Taylor nruNctbnl l prgytrl and ratepayers d0 not pro payfn Also t.commeaded ah Two de area l If yows lot a syrte a m that Use halo accounl flit a milt ust hrN tE~ewrept~trd at trearq In eturgpom hriWenre caur[wketarmgc►btlgpVl a~ Ped although several ILaI !<rrrs the wholecomnualty, 11.1111 million a year - rot addl. _ hate to subsidize Inefficient tit. agreed YtibtLi con:eyt. it W111% to me that the whole ron Jere • Wear I tiara sprawl Taylor provided Perhnmr cost munlly or{bl to pal far A." Pub ;pvmpbg andsewn ! balden adim In" p{ral.y wry valet to teaatthe tble hetr and City of is hqual b the pun is s Dew fa ft{arcs to reporkra but dschned aald Purifying [ear netemilatN ~y or do the Dow cogatruclank Subaa laid. lewelf males LI titre their Not hate b be dltlar►ed. Nut PhXch art tar rompegtalN lot MA acs ter s bn eg rage it City plans water fee for builders By C'larr FOSTER went would add Al much a builders and developrrs," prcdirt- l7.501' to the price Of a new ha»ecd Tom Tayrlor, the directot of the Suff Writer The fro would elrt apply to new ell water U1111" ikpartment in N effort to hold down Waite Comm ecial structural (ome builder Jim William. mid fe 1Jr flan The plain, outlined in a 17•Page the charge is hLely to be unpnpu• a fewer awopo+tningcle+ws• s, Di pen report pnxrtred Thursday to the tar orroing developers and the ad- officials iSts fee City Cwtird• represents a depar• ditional test to home buyers pay onareaYm4 eau cirl tae of to exparidirit rover Cover a a pars the ture tvm the current pelay oe h• would be more than the 017' s aecomnwdate Mari new mains, pumps, 83.500 ntimau. He maid builders Uautin Utility of thsystem e he Vogt ~wtlu sewaes dispel area and other would have to pay 1f1tlrnt on gnwih•retatd pecjects with rev- money borrowed is pay the The fee. which would be cot- mote from wriet and sewer rater charge, and that cost would also Meted mars builders when they °T:tis win be a highly debated begun prepertng a use for de"kip- Issue among council members. See WATER as fate 5 New water fee would increase price of homes ' WATER - from Pat! Ore 11 The repast p,,"Mlod to the council nu• be pasted along. He Added. "From their I" ~ mate that at he ti Percent level tht [a ctty'1)side d the equal" they probably have would be itna for each 11nt:e-famdy home no other chwo but that's probably a muwr,ty and $610 per ai;artment unit and eventually Opinion." Increase to (1.500 and 1I.a00 respect,vtly e The proposed c?" fit dltexlad at subdi- w hen the 50 percent ieel u ruched Tte ' charge roc err commemtl buildings would ,ima ancemmarxl bulldimLs, Taylor wi0. And would not apply to homes built en a 110914 vary with the vte of the avatar connection but too to an already developed area. average !a Sri) durirg the first year of the clarelopers Merv pay (or WSW and sewer prgnm Of now connection wahin their subd,vwans and Taylor Ai d r e v the e generd annual raw share with the city the coal of off•11to maw No would P a)K'u shat am Nn Awn truum.awn lino to the immase by about onr-haif of t percent tfe test year. resvit,nt in a ""MCI to the 401`9410 proB t under the curlers ayfiern. 'back up" r.slde0twl euttomre of About kl cents per utility Projects such +s pumping swuone and month. The pro,octed nn increase could be uratmtnr punts that Accommodate Maio re", trimmed by a full a percent when the 50 per, dentta3 or tor"r ial developments are paid cent level is reached. Taylor said for by all 04510 rs old Be wall AS new - ; !{owner. flit report uvtloN that the sees i tJtrvuth their rata. Intl drpwnits on how much MOW badd~nt x- The prorwdl to Impose a Special ra. tun 'tea pe~i,~1+ ~t very sluggish cun+truc• whkh is Schedule) to be presented fa the lion." .l 14r1. .v1ry hole monfy would be councl Wtdnaday. to meant to shalt part of rovectd " the tit+ancial burden of new Pco1Kn to eus- totners mast directly benefiting from tmpmve• . menu to the utility sylteell. About -T US ahn. Imelltdmg a taw to Texas, have Su.h a charge yttftrtrtt to city esttnutes, the Water UULua IkPtrtment w111 Spend !lit million in each of the next IO years to bulk wow[ and ' sewer Projects that art prvestrily n eded to rave new humor and busan4Ya. Municipal t tt,lity fails am eepeHed w itwxtses between T rat:1nt AM o percent annually to pay lot heft pmjecu and other rata ty ntficl" are peopount that 50 par. cinl of " annul truwth-nLtd costa - about !IS eri - eventually be collected from devtlopars. who wouk Pte on the tat 10 the "'Nora of a home or bu iti To Bottom the lmPat of the plan, ottrcfals an sugtntw that the initial rot be pegged to lecovar 1 I Percent of the growth-related costa With the charge going up ! percent Bath of the next live jean Y Texas . lags in shifting (A 1nous"I eoa«s) I Z growth costs to builders' - _ parr ~Wosstntsnt fly RILL CORDON aren't neirly enough to eovrr the city's cwt Othw Sluff Writer of providing new serviiv s. In Garland, Dallas and mist other Texas Qbrpaetled In booming Clearwater. Fla, developers rltits, taxpayrrs pick up the difference bee (~„~Utlrtiss must priy the city alxout 31,7111 for every twcen the actual cmt of growth and the house they build and donale 10 percent of amount develnpers are asked to pay. This Mkv pwnwis the larKi in each now subdivision. The axone fall alone, voters to nine suburixs approved cy Iveys for rww roads, -ewers, strut lights or will lie asked to approve $500 million iA stsraoo and public swimming pools Tao land bee bond %iles to build or improve roads. Sew. ro nits part of the city's 4uark system ers, water and waste-water treatment n'tt la,; In San Jroar, Calif .builders pay an aver. plants, parks, lire and pulitr stations, and + olgv $7,4!hl 1w r houw• for now public 5L.Niols. I:Krh~ics TraditiorwIty, Texas cities have placed f n the 11:011:0 Fort «'r rr area, where ew ri's1rN'hons on developers. I uoass 5'bsrt rrxn hro are bot e,trh vh than w "Many Texas cities held the philosophy any that nxore is better noon. (xrople, more 0,014 r brut of tlu• muutrdevv1olx'R R'1y 41 slit-viii, mere houses,'. said Garland city un- PRE hundrrsl dollars Ix ,r huu%v Kimi r Joe Maltingly. The lack of reslric- CMe C In Garland. hullden (4iV ale 0,t ;319 in toms was iron-1 td to "rnti(v" devulopment, $2,110 $319 $.U 51.160 $1.111 (14ti lot c;Kh tlew house In lkillas, they hesnd p,y :+la,ut 32411 111,520 less Than Clear- w:otr i. where 1 tanning offKtats say the Tres See iIEVELOPERS an Page 13 Developers face new restric DZMOTRBB - Frem ose mum dM1* 10 percent of the chin of impact fee my they But that is cR land. or s crh payment c: equal "present AA unfair burden on ►niing Aa this cost valve for park land and open barnit abuyers end ate two major of providing public fadtttir pv" "MC I and homeowner group demand k Ouletd, d"loom pay only ✓ The Mghes grows prieea that better public aervkea scene Tear c utility fee bred on the length of result from the free tend to ex• ntheirr bomynr Florida aid CDior. mow Maim etrt 1rig the wbdt- elude moderate-imome buyers. Vision. I The ffft and land silo shilling more counterparts of the by grad cost ually "Our nlurnatlw to this lies sent as a double tax onn new. VOwth it= taxpayers o structuraX if we are expected to tomere_ opera grotaxpayers to devel• unue off" the same level Aorording b Fox h ?arcbs hg- "Sure HSO. we lee shafted a big *1 sevkes, 10 to tides OW tex rate, ul to the cot b much greater than load from the dry to the deve' don't want that either" mnst home buyer reaete The er." Mattutgly asd dirr. arwata's pLn• tronsutrtion of a3e11as regwred Durvug the put fav yw; Milj in most Deltas suburbs but few Goland unposed a variety of new im dtlr teed rotas at resukytvts rangung from a law te. opm pass an in few wbkh devel• quutng developers to build stmte home i hs tam d adj0inuy new housing develop- Anises >tomeoet'nen uiu. s menu b a requl"meni that thy k Whethher all 1hwaow"m pay clean mud off the "walks at through taws or trwcoawn pay ecrtrwrtion aitea 16'hlle developers argue that Bums Califanis dtka began us. fees for pubbe tmpmvememt,1 - lftessninit Mvi dsn and h ~ a~ fires" - force home prism (aa, about IS Years ap bmfrs g her an unfair burden p~r~~oeassa and - I ' 1116M do And on new home Wyen and bu&M lOrr-income lamtb'ea said Mina poliucal pressure is powbtg for GmA% a vice prbdent ant sad. f " yten t 01091,111 with Crum, Gwen k As. had a t+der - in aoaatea a San Francisco real es. less b b4lWMdtltig firm s :hold the attitude osiser1 cent b better govWr ffOM'm• Gradually. Grove W d. the tees iment ~t evolved grab moneyrahing soap has been especialS land but "V an dh MP4 rapp IAA can le "tu of excluY a Hty Baker. said Gartand ptaerar O.t.. by ftTA y newcomers to ay what an Wtiation fee. 1 "P"* are trop Adwteews of Intpan I"& leea same. government Protauors in te"ne at tunas railed "pay b you paw" Ii- tiort of deve t" Better raid y tlta two rtajor sdvao- pri CoppeQ charges deveWpm $ISO ✓ Z.ublishsd t"Peyem don't Aare to buy park W4 Most Subs" houaing oasts of new. s sssimply rqu6's the omen doetatsm of before a park land ✓ Necessary IWMUes and hen. quest can bevisPss'lr'e'aenlng te• Peaveme U can be put in Place befare the need becwm critical. The city of for extample, Many of the bald Issues going refused to approve a newts jesm - before Dallas area voters now wttj tng rqusvl fat /'ox & jKvks until Provide funding for pea)wu that she developer apecd to build MPafd to growth rather than atrty to nntore t?an 11-000 16 Preparey p t, it. U Garland. voters that cast of each lot Nvne of the bond proved an 111 million nj Is. program to improvements was raquusd by "air 6+adgtute scrittkay law, said Plan',foerls sewart atgtreatrtI fa peadueo Planeunr and MAPAW of lo p• st"en and develop new p Ukae cent fa ox d latobs In piano this weekend, wren St& when carpuad with W. passed It $173 milllon bond refer. fornia Plaids and mat other emWum that Includes funds fa ex. fm"Vewth arw, Texas retauu tenslw repair and improvement of v ~ Cl w • whlcli a street system planned for a Wro- typN IN of fees W uses s muNty a trecuon the an of the , LM a hove Intetu le a sm charges fa d~ a M reaeeW fee f Impact Igo; V MM will N MepWb ewxt month. :Wing Pook tennis emu4 Arid oth• IN F ~ million be bon bond program decide m t er park fadlioac and a Ptld uW. rogram that it fee. In addi bctet repair and improvement y :ton, the developer ei streets and betdget. A MMMM"p rt-t~ ~g T111J 11an1ay. Nar. 1D. l➢N A-13 etions in some Texas cities i other pare of the cmntryiddl . v~li ~~nnin ~yid D1orl4 St.te nethode of Pit y1fts /or tM un. D1.I?d to the price of a t pp.. ~Wuw. Morris I OW, he tald Wd SWtwaUu add Fnnk v M b ,vtdueting aratud Jim kook ae ro that Drowtlt I D sufthA San Jose. which char w cone that l wcrM But Frank aald trparete OA" disUV a tot ~ or oppof. of tM hl D thoet charM by it neada Interim in ImphK &0 e AW etruy rlih some of the Cletirwittef did tittle .more than h,Chaet lwtuint Vic" -wing oTy ofrtdQ teene'EDely it of to the ere provwav Rayon of the cat of b D*o'' as W4 IM pu eon. A ;M -bA oftc4J then r aNte and uhlluea for hanr kyM ~ waling ttb called t)LIN A y w Cry ' Deee Ml ay fa the Adtt to koapp 10 ".t'a Xut a way to nuke tnn,ey they cis w°t►t• put ldly gong ana. that Does tn~ the Denen] fund." the (uI! Cott at Im Now tMt ve'N DDeetttltl~n~ "-'j •t coLL d one WY officia] wM liked 1t@ U M. Wnlfeten~ dated, dHee have kartted'~tfta tied not to be KWnt) The National Aawefatlon el peat I n%krtue We almod CMI Sonx ntur aharD. tvpitrary de Hornobuti kn advora4s d !!vane a Well.V*ni " Mat*Wy S away nth t ~ f .f .'.w a rr .1116 MEET THE MANAGER. CAPITAL RF.COVFRY FEE. ■ 1f you havens as yet inct or contacted these new man. 8 The P+,bfi, 1<"„rtr Rernsrrre Crnrc? Of the Texas Engi- agers, here's a bit of introductory information which we veering l•'xtensuon Service has completed a survey to trust will encourage y.,u to get to know them better, determine if the capital recovery fee concept is widely used William A. (Bill) Gaither was appointed City Man• in Tcxu. The term capital recovery fee is used to describe a ager of Gainesville in February 1983 Bill stirred as an charge Icvitd against new or existing sewer customers, the administrative intern in Bellaire in June 1976 and served revenues from which are dedicated for capital (acilities. the city in a variety of capacities until his recent appoint. For example, the city of Seabrook recently parsed an ment. He was also an electrical engineer in the U.S. Air ordinance levyir+gac,piralrecovery (eeol'S1,000per living Force. He has received R S. and M P,A. degrees from the unit on new construction beginning June 1, 1983. The fee University of Kansas. Bill and his wife Kathy have been will increase to S 1.500 unJan, 1, 1984 and again to $2,000 married 14 )cars and have two children. His hobbies on Jan. 1, 1985. The fee is due at the time a developer its include golf and wordworking issued a building permit. Thomas V. Kolterman his been the Cit), Manager of The ordinance his been under consideration sinceCity La Feria since February I of this year. Born and raised in the Council passed an emergency ordinance Feb. 1 in anticips• Rio Grande Valley, Atr, Kolterman is a graduate of Texas non of a surge'of development in the city. in the first two A&M with a B A. in Economics and Webster University in months of the )ear, the city issued building permits for 17.6 St. Louis with an AIPA. He served 12 years in the USAF in million in new consttuction. Thar compares *ith a total of various management positions teaving active duty in July $h million for all of 1911 191.40, Aft. Kolterman and his schtxd teacher wife Martha The fee dif(crit from an';,unary rap-in fee in that the Nell have two daughters, Karen and Kimberly. funds will bc• set aside for the fin.rncing of a new water and Pinkney L. Butter wvs appointed its the position of sewer plant of your city has passed a similar ordinance, Assistant City Manager in Tyler in April 1983. Mr. Butler please forward one Cory to the TCMA office for inclusion in Itas worked in city government for 8 years starting in the rezevnlt files.) ! August 1974. He worked for 3 years in Victuria in Com- While many cities have expressed an interest in the r monity Affairs and the City Managtr's Office; 1 years in utiliaationof capital recovery fees,onlya few have.tcrua)ly Girpus Christi in Personnel; and 3 years in their Budget impletnentedsignificant charges--nurablyAustin,Bryan, and Evaluation Department Air. Butler received a Bache. Sintnn, and McAllen. Because the discovery of this poren. tors I)cgrcv in Comntuoicaeions from Pcp)-erdine Univer- ",'I revenue source is relatively recent, each of the fuurcities sity,1.osAngc1vs,CaltforniaandaMisters Degree inInter. has implemented the concept differently. The Public disviplinary Srudics in Business Management, Communi• Works Rcsoorcr Ccnrcr study examines the manner of c.rtiuns and Psychology from Corpus Chrism State Univcr- impltmenration in depth. Further details may be obtained sit). Pinkney and his ile Mary haye been mitt icd for 111 by cunractin} Larrp Rorrtside, (2444845.2911 years and ha%e 3 children 4CY UMA9T0V1MKS110P FORTHCOMING. n The Urbirr ,(l~n,rpenrrnt Arrirtanrt of SOaIb r,•.vrr PERSONN1?I.CI.ASCIFiCA'TiON,CO,%IPENSATION IUMAST)rccoFniringthatchanresmadeduringiheTexas PLAN5-A,\I; 11.11t'l5T. Legislature will affect the servive delivery of kcal gn%ctn- 0 A rcccnt snt.ly conlocred by )Coward Ralanoff and Orients, hasassembled avariety ofnoted speakers toaddress Gicury;e Wvtnbcrecr %vtth the Public Adminktratiun Pro• recent changes. This workshop entitled, Legisluive 6rsm of Souchse•st 1•(sas State University in San Slarcos Changes That AffectCit), Management w411 be hcldJune deals with nct uscof nci.rrru,rnputers in public personnel Iiit the GunrerHotelinSanAntonio beginning it II2.m. adminkirauo,o(:ism,~thceliminariunofIPA funds and its Presenrursinclude: (jib Lewis.Speakerof thrHouse; Louis negative affect un the development of pesonnel systems Rhodes, Profrssur, UT at San Antonio; )a) Jordon, Staff among sm.111 y itirs in Texas, they outline many ,nd varied Writer, Asssxiatcd Press; Richard Knight, Assistant City ways in which smaller communities can cost/ effectively Man.tber,Dall.rstPhilBarr.eswithPeai,Marwick, Slitchell utifiae nticro'comrutets rn fill the funding gap. More & Coo. Austin; Bill Donahue, Assistant City Manager, San information may he obtained by contacting either Dr. Antonio; Marvin Townsend, City Manager, Laredo; and Ral.tnoff or D( R'Oo',Krgcr, x512) 15.21.11. Bill Holchak, Assistant to the Commissioner's Court, Count) of Rexar. Registrtion is $20 or $15 for students. Fur (usher details cnntact Carmen Gonaalea (512) 29')•71!8 ' ~*+.rystsstrsn:css E)OUBIT IV PUBLIC UTILITY BOARD MINUTES December 12, 1904 7:30 p.m. City of Denton Service Center, Training Room Board Members Present: Roland Laney, Leonard Herring, Edward Coomes, Nancy Boyd, John Thumpson, Robert E. Nelson Staff Present: Ernie Tullos, David Ham, Charles Cryan, John McGrane, Joe Morris Others Present: Jon Wiest, Denton Record Chronicle; Greg Edwards, Edwards, Fields and Associates; Jim Griffis; Tom Sanders Absent: Chris Hartung Mr. Laney brought the meeting to order at 7:40 p.m. Item 1: CONSIDER AN ORDINANCE PROVIDING FOR CAPITAL RECOVERY FEES. Mr, Nelson presented the agenda Item noting %.1at no ordinance had been prepared since the Acting City Attorney requested that Council be given the opportunity to request an ordinance on the issue before his atafr began the research to develop such an ordinance. Ihe Board questioned wnether there would be further delays regarding planing the item before the Council for discussion and direction. Mr. Coomes made a motion to send a resolution to the City Council asking tnat they take action of the general proposal for capital recovery fees and giving the Board direction on the matter. The resolution was to include the outline of the propused ordinance. Motion was seconded by Ms. Boyd. Mr. Thompson suggested an amendment to strike everything in Section III, after Table A including the proposed list of fees. Mr. Coomes and Ms. Boyd accepted the amendment as a friendly amendment. Additionally, the Board wished to express in the resolution, its desire to meet with the Council to discuss the matter of capital recovery fees and explain its position. Four ayes, one nave, motion carried. Item 2: APPEARANCE BY MR. JOE BELEW AND/OR MR. BRIAN BURKE REGARDING WATER SEWER LINE EXTENSION AND OVERSIZING POLICIES. Mr, Nelson read a letter from Mr.BUrke since noither Mr. Burke nor Mr. Belew was able to be present at the meeting. No action was necessary. Other developers were invited to express their views. Mr, Virgil Strange commented that he did not feel that the timing was right for the City of Denton to begin implementation of capital recovery fees since growth in the City was not at a point where sucn fees are warranted. January 8, 1985 TO: MAYOR do MEMBERS OF TH= CITY COUNCIL FROM. G. Chris Hartung, City Manager SUt3JtCT. Consider sanitary sewer line pro rata agreement with Meadow Ridge Addition. RECOMMENDATION: The Public Utilities Board at their meeting of Decerntier 12, 19849 recommended to the Laity Council their approval of the pro rata agreement for off site sanitary sewer with Meadow Ridge Addition. SUMMARY. Owners Dave Leingeber and :harlie H. Townson will construct a new 10" sanitary sewer line along Hinkle Street from their property to the manhole south of I-laggard Street to carry the additional load imposed by their development. The existing 8" sanitary sewer line in front of their development is full during peak capacity hours and constitutes a bottleneck between two 10" size sewer lines. This parallel 10" sewer line will solve this problem. f FISCAL IMPAC rt All lie on and construction costs will be by Developer. No cost to City. Respectfully submitted: Q • U. Chri far n i ity Manager Prepared by: David I iam Asst. Dir. of Utilities, VOtr/WW Utilities APPROVED ~ ~Lf~stJ E. Nelson, P Director of Utilities Exhibit I Location map Exhibit II Letter of request Exhibit III Pro ratfs agreement Exhibit IV Minutes of PUB meeting of 12/12/84 Exhibit V Ordlnarx:e 0527j:8 w.v" 1v . r I SEWER LINE PRO RATA AGREEMENT THE STATE OF TEXAS § KNOW ALL PEEN BY 'T'HESE PRESENTS: COUNTY OF DENTON § THA: THIS AGREEMENT is made this day of , 198 by and between the City of Denton, a 'lunicipa orporat on of -t-Fe County of Denton and the State of Texas, hereinafter referred to as "City" and David Leingeger and David Townson d/L/a M4!adow Ridge Addition, hereinafter referred to as "Owner". WITNESSETH: WHEREAS, Owner will install a 10" sewer line from the manhole south of Haggard Street north along Hinkle Street to north east corner of property at Owner's development on the west side of Hir.kle Drive; and WHEREAS, in order to serve this development with sewer services, Owner will be required to pay the cost of 210 feet of off- site sewer line and will extend such sewer line as described above pursuant to the provisions In effect on the date of this Ay!,•,reement of the Denton Development Coce, Appendix A to the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the Owner desires to receive reimbursement for such cost under the provisions of said Denton Development Code of the City of Denton, Texas; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter provided, the parties hereto agree as follows: I. That for and in consideration of the construction of such sewer " line extension for the benefit of Owner and the City, the City agrees to reimburse Owner not to exceed hts cost of construction only of such main extension the sun of $41410.UU (210' offsite X 321._0.0%r foot for 111"size ~linne under t Le provisions in eT~ct on t-Fie-te of cFiis Agreement of the Denton Development ti-.)de of the City of Denton, Texas, as heretofore amen•ln.d with the following limitations: A. Reimbursement costs will be verified by the Director of Utilities or his designee based on actual costs of uff.ite sewer line construction as presented by the Owners. B. After the expiration of twenty (20) years from this date of the completion of the sewer line extension, which will be completed about , 19_, no further reimbursement shall be made to Owner. C. The reimbursement shall not apply to main extensions constructed by the City of Denton or under its directions from any main construction under the terms of this Agreement. D. Reimbursement payments shall be made to the Owner or their assigns if written, and to no other person(s). SEWER LINE PRO RATA AGREEMENT/MEADOW RIDGE ADDITION/PAGE 1 E. The reimbursement aforesaid shall be payable only from funds received by the City pursuant to said Denton Development Code. F. There shat' be a maximum of twenty (20) years as the period of eligibility wherein the original installer of the sewer line oay request reimbursement of pro rata payments under this agreement. The period of eligibility shell begin as the date of final inspection and acceptance of the extension by the City. G. All pro rata fees incurred under the provisions of the Denton Development Code shall be paid directly to the City and the City shall transfer amounts due to owner within thirty (30) days of receipt. II. That for and in consideration of the Agreements to be performed by the City as aforesaid, Owner hereby transfers to the City all of ics rights, title and interest in and to the sewer line exten- sion described above, and any and all easements and right of way agreements secured by them for the purpose of locating said sewer line extensions. WIrNESSETH the hands of the Parties hereto on the day and year first above written. MEADOW RIDGE ADDITION BY: DAVID -LEIHUEBER BY: CRARLIE H. 0 CITY OF DENTON, TEXAS BY: K L . S , AI IF ATTEST: CRARLOTTE , CITY TM CITY OF DENTON, TEXAS APFdOVED AS TO LEGAL FOAM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY Of DENTON, TEXAS BY., ~U• "Irn utiw T• a 1-6 6460 SEWER LINE PRO RATA AGREEMENT/MEADOW RIDGE ADDITION/PACE 2 ell 47W N, L 0 r B t ..0 of K TWQ; Gboo 2 3 4 3; 6 SAMARITAN 8 0#IVE { w: ua _ ` 47Od 4NI 410(1 Md 4tOd 47 4700 nh, ~ ' RQML-°BRHf~ 'NeC48'MW, ''~f• ~ 2 476' 41 4t 4700 • '470(f 4700 47 t TITS 3e B L 0C.0Ive k r I 9i 2 3 4 5 6 ~ 4106 41 47 41W g(W O 7 Cloks ftW Shad, Fa [ ,na ,yl..ww ONMERS: CHAALCIE K yTOwN" 514 w OAK a VOMTY MM DENION,7>:1tA8 ?i2O{ ¢ 1 sls W. oAU Is \ oEr'ndt ~ 'rota ti G PID 51'; or r~ 11i 7•, ' 1~ , i ' ~'1 , • 1 4.r 11• ! r}i. f'Y~MI~VA~rf~. j~'~•~1~! '~I~ J j Q OWL* ' .Lc,tld a un t. 46, -t& A, o&dtA/ oo.~rz ; e.• dom. M• ♦ 4 • A#YM w. ~M r?N~11~ N•~ dM -Public Utility Board Minutes December 12, 1984 Page six Item 20: CONSIDER REQUEST FOR WAT.'r, SERVICE OUTSIDE THE CORPORATE LIMITS OF TH§ CITY OF DR ON BY CAPRICORN MOBILE HOME PARK AND RELATED OVERSIZE PARTICIPATION AGREEMENTS. Ms. Boyd glade a motion to recommend the request for water service outside the corporate limits of the City of Denton, Texas and related oversize participation agreement for a 120 water line over an 8" water line with Capricorn Mobile Home Park to the City Council for approval. Mr. Cuomes seconded the motion. All ayes, no nayes, moti,)n carried. Item 21: CONSIDER THE PROPOSED AGREEMENT WITH SOUTHRIDGE JOINT VENTURE FOR OVERSIZE OF A SEWER LINE FORM LILLIAN B, MILLER PARKWAY TEASLEY TO STATE SCHOOL ROAD. Mr. Thompson made a motion to recommend the proposed agreement with Southcidge Joint Venture for oversize of a sewer iine from 15' to 21" diameter to the City Council for approval. Mr. Herring seconded the motion. All ayes, no nayes, motion carried. item 22: CONSIDER THE PROPOSED AGREEMENT WITH DIMENSION DEVELOPMENT COMPANY, INC. AND DIMENSION-UNICORN LAKE ASSOCIATES, LTD. FOR OVERSIZE OF A SEWER LIFE. Mr. Herring made a motion to re^ommend the proposed oversize agreement for a 15" to a 21" diameter sewer line with Dimension Development Company, Inc, an Dimension-Unicorn Lake Associates, Ltd. for oversize of a sewer line to the City Council for approval. Ms. Boyd seconded tha motion. All ayes, no nayes, motion carried. Item 23: CONSIDER SANITARY SEWER LINE PRO-RATA AGREEMENT WITH MEADOW RIDGE ADDITION. Mr. Coomes made a motion to recommend to the city Council the proposed pro-rata agreoment with Meadow Ridge Addition for an 8" sanitary sewer line for approval. Mr. Thompson seconded the motion. All ayes, no nayes, motion carrie9. Item 24: CONSIDER DATER AND SANITARY SEWER SERVICE rO ROLLiNGOOOD ESTATES LOCATED OUTSIDE DENTON CITY LIMITS. Staff recommended no action at this time. Item 25: RECEIVE WORKORDER STATUS INFORMATION, ELECTRIC, WATER AND WASTEWATER SERVICE AREAS. • 11r. Nelson presented the item to the Board informing them that the list is up-to-date and shows what is being done and what the status is on %each project, The Board reviewed the material with Mr. Nelson, Mr. Ham, and Mr. MWWA*k • «r. ..~M ~~r