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HomeMy WebLinkAbout06-04-1985 CI Ty Co~NCiz A GENDA 06-04'-~5 M h r ^..w ay ~K r S a hy t 0- n ~t y,L ' ii i n Y 4 i ~i ~ = L`!$: ,u. 15 AGENDA ,f 3 CITY OF DENTON CITY COUNCIL June 4, 198S Work Session of the City of Denton City Council on Tuesday, June 4, 1985, at S: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. Presentation by Joella Orr, Library Director, of funding proposals to present to the Denton County Commissioner's Court for FY 19€S-86 for the Denton Public Library. 2. Discussion of petition for voluntary annexation by residents of Vacation Village Estates for the purpose of determining whether to begin the annexation process. 31 Discussion of letter of inquiry from resident of the City of Copper Canyon concerning possible future annexation by the City of Denton. 4. Discussion of petition of Fields, Edwards and Associates, Inc. representing Miller of Texas, for voluntary annexation of approximately 304.9 acres for the purpose of determining whether to begin the annexation process. The 304.9 acre request is • composed of four separate parcels described as follows: A. Approximately 115.12 acres lying and being a part of the W. Durham Survey, Abstract Number 330, and beginning adjacent and north and adjacent and south 3f FM 426 (East McKinney) approximately 1,000 feet east of Trinity Road. B. Approximately 53.94 acres lying in and being a part of the M. Forrest Survey, Abstract No. 417, and beginning adjacent and east of Trinity Road, approximately 2,000 feet north of FM 426. C. Approximately 27.84 acres lying in and being a part of the M. Forrest Survey, Abstract No. 417, and beginning approximately 800 feat east of Trinity Road and 3,000 feet north of FM 426. D. Approximately 108.04 acres lying in and being a Dart of the M. Forrest Survey, Abstract No. 417, and beginning at the northwest corner of Trinity Road hnd Blagg Road approximately 1,300 feet south of U.S. Hwy. 380 East. S. Executive Session: A. Legal Matters Under Sec. 2(e), Art, 6252-17 V. g. T. S. 4 1 r r' City of Denton City Council Agenda June 4, 198S Page Two B, Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C, Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D, Board Appointments Under Sec. 2(g), Art 6257-17 V.A.T.S, Regular Meeting of the City of Denton City Council on Tuesday, June 4, 1985, at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 11 Consider approval of the Minutes of the Regular Meeting of May 14, 1985; the Special Called Meeting of May 219 1985 and the Special Called Meeting of May 289 1985. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the • Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to Implement each item in accordance with the Staff recommendations. A. Bids and Purchase Orders: Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 7.A, 7.B, 7.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 1 9450 - Electric meters and sockets 2. Bid 19457 - Vertical blinds, City - ball/ Phase III 31 Bid 0 9464 - Padmount switchgear 4, Bid t 9465 - Cover-ells for Solid Waste S. Bid 1 9466 - Asphalt/road materials • 6. Bid 0 9469 - Fiberglass street poles V, 97~r i;V V, Pa' 3 ' hat ir .e.. :i' t S mr h 4.4 City of Denton City Council Agenda Jute 4, 1985 • Page Three 7. Purchase Order 1 68381 to Basic Waste Systems in the amount of $4,307.42 8. Purchase Order N 68336 to Marley Cooling Tower Company in the amount of $21,435.00 9. Purchase Order # 68246 to J. S. Equipment Company in the amount of $3,403.03 B. Plats: 1. Approval of the preliminary plat of the Carolisa Subdivision. (The Planning and Zoning Commission recommends approval.) 2. Approval of the preliminary plat c,f the Chestnut Square Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 31 Consider adoption of an ordinance and service plan annexing a tract of land consisting of approximately 34.68 acres situated in the M. Forrest Survey, Abstract 4171 and beginning approximately 2SO feet . south of and perpendicular to the centerline of FM 426 and approximately 20000 feet east of Mayhill Road (A-14). (The !Tanning and Zoning Commission recommends approval.) 4. Consider adoption of an ordinance and !ervice plan annexing a tract of land consisting of approximately 130.0 acres located west of Mayhill Road approximately 4,000 feet north of I-33 and adjacent and north of the MK$T Railroad (A-17). (The Planning and Zoning Commission recommends approval.) S. Public Hearings: A. Z-1725. Petition of R. 0. McDonnell requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 39.4 acre tract located on the south side of FM 426 (East McKinney Street) approximately 2,000 feet east of Mayhill Road. If a proved, this planned development will permit the following land uses: S.9 acres - general retail 33s S acres - duplex (The Planning and Zoning Commission recommends approval.) ' y 9 '.r d a u w wl 4 7, '~!z 5 P V N,t n r Fx ti...R if City of Denton City Council Agenda June 4, 1985 Page Four B. Z-1727. Petition of Hammett 4 Nash, Inc. requesting a change in caning from the agricultural (A) classification to the planned development (PD) district for light industrial (LI) uses on a 50.1 acre tract located on the west side of Mayhill Road 4,300 feet north of Interstate 35 North. (The Planning and Zoning Commission recommends approval.) C. Z-1649. Petition of City of Denton requesting an amen ment to planned development (PL-81), an 8.74 acre trae.t located at the southwest corner of Highway 377 and Carroll Boulevard. The current planned development includes office, retail and restaurant land uses. A condition attached to the planned development reads as follows: "Both sides of Collins Street frog Fort Worth Drive to the intersection of Collins and Cleveland Street shall be improved by the developer. Half of Cleveland Street across the entire frontage of the subject tract shall be improved per normal City of Denton perimeter street requirements. Street improvements may occur in • phases or as development occurs." The developer wishes to amend the condition listed above to state that he be required to improve only half of Collins Street from Fort Worth Drive to the intersection of Colli;ts and Cleveland Street. (The Planning and Zoning Commission recommends denial.) D. Z-1733. Petition of City of Denton requesting a _c tinge in zoning from the two family (2-F) classification to the multi-family (MF-1) district -in a 7.2 acre tract located in the John McGowan Survey, Abstract No. 797. The property is situated south of Interstate Highway 3SB, and east of Lillian Miller Parkway. If the request is approved, this property may be used for any purpose permitted in a Multi-Family l zone by the City of Denton Zoning Ordinance. (The Planning and Zoning Commission recommends denial.) E. Hold a public hearing on the petition of the City of Denton and Pat O'Brien for annexation of approximately 160 acres of land being a part of the G. Walker Survey, Abstract 1330, and the M.B.P. $ P.R.R. Survey, Ab:~rtract 9509 and situated north and south of Paige Road between I-3SE and Swisher Road (A-20). [ r it a ~~Na S . s y e ~ '1 r ..,.y i~ 1 F ~C iP C'4• p J Ali, 1 "i City of Denton City Council Agenda June 4, 1985 Page Five ' F. Hold a public hearing on the petition of the City of Denton for annexation of approximately 11S acres of land being a part of the J. West Survey, Abstract 1331, and located north of Highway 380 east and west of Rockhill Road (A-22). 61 Considev approval of preliminary plat and general development plan of McDonnell Highlands Addition. (The Planning and Zoning Commission recommends approval.) 7. Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of naterials, equipment, supplies or services; providing for the expenditure of funds therefore; and providing for an effective date. B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing for an effective date. C. Consider adopton of an ordinance and service plan annexing a tract of land ronsisting of approximately 136.588 acres beginning approximately SOO feet east of the centerline of U. S. Highway 377 and south of Brush Creek Road (A-ll)- (The Planning and Zoning Commission recommends approval.) D. Consider adoption of an ordinance and service plan annexing a tract of land consisting of approximately 6S.12 acres beginning 3SO feet south of and perpendicular to the conterline of U. S. Highway 380 East and Geesling Road (A•13). (The Planning and Zoning Commission recommends approval.) E. Consider adoption of an rdinance and service plan annexing a tract ct land consisting of appproximately 42.35 acres situated in the Huizar Survey, Abstract S14, and beginning . approximately SOO feet north of and perpendicular to) the centerline of U, 3. Highway 380 and west of Masch Branch Road (A-1S). (The Planning and Zoning Commission recommends approval.) r`.k in 1 r n„ f tt li~h 7.`a r 7,777,77f .;'J 4i'•~ 4( 4 .'City of IJenton City Council Agenda June 4, 1985 Page Six F. Consider adoption of an ordinance and service plan annexing a tract of land consisting of approximately 60.38 acres situated in the G. Walker Survey, Abstract 1330, and beginning adjacent and east of Edwards Road (A-18). (The Planning and Zoning Commission recommends approval. ) G. Consider adoption of an ordinance setting a date, time and place for public hearings concerning petition of Bruce R. West for voluntary annexation of approximately 2S8.66 acres being part of the S. Myers Survey, Abstract No. 843, and the A. Miller Survey, Abstract 887, and beginning west of Underwood Road, east of C. Wolfe Road, south of Jim Christal Road, and north of Tom Cole Road (A-21). H. Consider adoption of an ordinance approving a contract with the Texas Department of Community Affairs to receive funding for and administer the Texas Rental Rehabilitation Program. 1. Consider adoption of an ordinance approving an agreement between the City of Denton and Denton County Electric Cooperative, Inc. for the purchase of electrical equipment and facilities. The Public Utilities Board recommends approval.) J. Consider adoption of an ordinance approving an agreement between the City of Denton and the North Texas Commission for developing and implementing a comprehensive marketing program for the North Texas Region. K. Consider adoption of an ordinance providing for the closing and vacating of that portion of - San Gabriel Drive from its intersection with Angelina Bend Drive to its intersection with Piney Creek Boulevard; providing for the closing and vacating of a portion of Piney Creek Boulevard as described herein and providing for the reservation of easements. S. Resolutions: A. Consider approval of a resolution authorizing the City Manager to sign and submit to the Department of Housing and Irban Development a final statement of objectives and projjected use of . funds with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended. (The Community Development Block Grant Committed recommends approval.) W 'Wyt,~yA ~ t x~ l'x~ "'"si`7~!T"'~9~'; 'C'-"~'~p r , r.. „ r"~fC J tv yS r,H, ,,ll f r Y 'City of Denton City Council Agenda June 4, 1985 • Page Seven B. Consider approval of a resolution authorizing a temporary concrete batch plant on 104 acre tract located on the north side of East McKinney Street (FM 426) approximately 3,000 feet east of Mayhil~l Road. C. Consider approval of a resolution ratifying a deed with Mr. Anthony Scalise, 91 Official Action on Executive Session Items: A, Legal Matters B, Real Estate C. Personnel D. Board Appointments 10. New Business: This item provides a section for Council Members to suggest items for future agendas. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the Cit Hall of the City of Denton, Texas, , day of , 1985 at ; a ,m, o clock O 1791C Zq T, AGENDA CITY OF DENTON CITY COUNCIL June 4, 1985 Work Session of the City of Denton City Council on Tuesday, June 4, 1985, at S:30 p.m, in the Civil Defense Room of the Municipal Building at which the following items will be considered: S:30 P.M. 1. Presentation by Joella Orr, Library Director, of funding proposals to present to the Denton County Commissioner's Court for FY 198S-86 for the Denton Public Library. 1, Discussion of petition for voluntary annexation by residents of Vacation Village Estates for the purpose of determining whether to begin the annexation process. 3. Discussion of letter of inquiry from resident of the City of Copper Canyon concerning possible future annexation by the City of Denton, 4, Discussion of petition of Fields, Edwards and Associates, Inc. representing Miller of Texas, for voluntary annexation of approximately 304,9 acres for the purpose of determining whether to begin the annexation process. The 304.9 acre request is composed of four separate parcels described as follows: A. Approximately 11S.12 acres lying and being a part of the W. Durham Survey, Abstract Number 330, and beginning adjacent and north and adjacent and south of FM 426 (East McKinney) approximately 1,000 feet east of Trinity Road, B. Approximately 53,94 acres lying in and being a part of the M. Forrest Survey, Abstract No. 417, and beginning adjacent and east of Trinity Road, approximately 1,000 feet north of FM 426, C. Approximately 27,84 acres lying in and being a part of the M. Forrest Survey, Abstract No. 417, and beginning approximately 800 feet east of Trinity Road and 3,000 feet north of FM 426. D. Approximately 108,04 acres lying in and being a part of the .4, Forrest Survey, Abstract No. 417, and beginning at the northwest corner of Trinity Road and Blagg Ro&i approximately 1,300 feet south of U.S, Hwy. 380 East. S. Uxecutive Session: A. Legal Matters Under Sec. 2(e), Art, 6252-17 V, A, T, S. r 'ter A . ~q v w e 'Rs' ' r " 1 k ~ u, ~ rt City of Denton City Council Agenda June 4, 1985 Page Two B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6251-17 V.A.T.S. D. Board Apppointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, June 4, 1985, at 7:00 p.m. In the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Regular Meeting of May 14, 1985; the Special Called Meeting of May 210 1985 and the Special Called Meeting of May 28, 1985. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. A. Bids and Purchase Orders: Listed belot, are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 7.A, 7.E, 7.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 1 9450 - Electric meters and sockets 1. Bid 1 9457 - Vertical blinds, City Hall/ Phase III 3. Bid 1 9464 - Padmount switchgear 4. Bid 1 9465 - Cover-alls for Solid Waste S. Bid 1 9466 - Asphalt/road materials 6. Bid 1 9469 - Fiberglass street poles 14 1 r' '-N City of Denton City Council Agenda June 4, 1985 Page Three 7. Purchase Order / 683ZI to Basic Waste ~ Systems in the amount of $4,307.42 8. Purchase Order 1 68336 to Marley Cooling Tower Company in the amount of $21,435.00 9. Purchase order / 68246 to J. S. Equipment Company in the amount of $3,403.03 B. Plats: 1. Approval of the preliminary plat of the Carolisa Subdivision. (The Planning and Zoning Commission recommends approval.) 2. A ppruval of the preliminary plat of the Chestnut Square Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Consider adoption of an ordinance and service plan annexing a tract of land consisting of approximately 34.68 acres situated in the M. Forrest Survey, Abstract 417, and beginning approximately 250 feet south of and perpendicular to the centerline of FM 426 and approximately 2,000 feet east of Mayhill Road (A•14). (The Planning and Zoning Commission recommends approval.) 4. Consider adoption of an ordinance and service plan annexing a tract of land consisting of approximately 150.0 acres located west of Mayhill Road approximately 4,000 feet north of I-35 and adjacent and north of the MK&T Railroad (A-17). (The Planning and Zoning Commission recommends approval.) S. Public Hearings: A. Z-1725. Petition of R. 0. McDonnell requesting a Ehan`ge In zoning from the agricultural (A) classification to the planned eo velopment (PD) district on a 39.4 acre tract located on the south side of FM 426 (Bast McKinney Street) approximately 2,000 feet east of Mayhill Road. If approved, the planned development will permit the (following land uses: S-9 acres - general retail 33. S acres - duplex (The Planning and Zoning Commission recommends approval.) =ry . i i roof i s 71; nT S iJT City of Denton City Council Agenda June 4, 1985 Page Four B. 2-1727. Petition of Hammett $ Nash, Inc. requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district for light industrial (LI) uses on a 50.1 acre tract located on the west side of Mayhill Road 4,300 feet north of Interstate 35 North. (The Planning and Zoning Commission recommends approval.) C. Z-1649. Petition of City of Penton requesting an amendment to planned development (PD-81), an 8.74 acre tract located at the southwest corner of Highway 377 and Carroll Boulevard. The current planned development includes office, retail and restaurant land uses. A condition attached to the planned development reads as follows: "Both sides of Collins Street from Fort Worth Drive to the intersection of Collins and Cleveland Street shall be improved by the developer. Half of Cleveland Street across the entire frontage of the subject tract shall be improved per normal City of Denton perimeter street requirements. Street improvements may occur in phases or as development )ccurs." The developer wishes to amend the condition listed above to state that he be required to improve only half of Collins Street from Fort Worth Drive to the intersection of Collins and Cleveland Street. (The Planning and Zoning Commission recommends denial.) D. Z-1733. Petition of City of Denton requesting a change in zoning from the two family (2-F) classification to the multi-family (MF-1) district on a 7.2 acre tract located in the John McGowan Survey, Abstract No. 797. The property is situated south of Interstate Highway 3580 and east of Lillian Killer Parkway. If the request is approved, this property may be used for any purpose permitted in a Multi-Family 1 zone by the City of Denton Zoning Ordinance. (The Planning and Zoning Commission recommends denial.) B. Hold a public hearing on the petition of tho City of Denton and Pat O'Brien for annexation of approximately 160 acres of land being a part of the G. Walker Survey, Abstract 1330, and the M.B.P. $ P.R.R. Survey, Abstract 950, and situated north and south of Paige Road between: I-3SE and Swisher Road (A-20). T- -Yi p~y,~ tiT, tl't ' r' .'9. 1 • s ~ A yb•'P x~"i,r Yr; r~ r..• i F~' a bi tCity of Denton City Council Agenda June 4, 1985 Page Five F, Hold a public hearing on the petition of the City of Denton for annexation of approximately 115 acres of land being a part of the J. West Survey, Abstract 1331, and located north of Highway 380 east and west of Rockhill Road (A-22). 6. Consider approval of preliminary plat and general development plan of McDonnell Highlands Addition. (The Planning and Zoning Commission recommends approval.) 7. 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 providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing for an effective date. C. Consider adopton of an ordinance and service plan annexing a tract of land consisting of approximately 136.588 acres beginning approximately 500 feet east of the centerline of U. S. Highway 377 and south of Brush Creek Road (A-11). (The Planning and Zoning Commission recommends approval.) D. Consider adoption of an ordinance and service plan annexing a tract of land consisting of approximately 65.12 acres beginning 350 feet south of and perpendicular to the centerline of U. S. Highway 380 Bast and Geesling Road (A-13). (The Planning and Zoning Commission recommends approval.) B. Consider adoption of an ordinance and service plan annexing a tract of land consisting of appproximately 42.35 acres situated in the S. Huizar Survey, Abstract S14, and beginning approximately S00 feet north of and perpendicular to the centerline of U. S. Highway 380 and west of Masch Branch Road (A-15). (The Planning and Zoning Commission recommends approval.) f s s s yx F P ! a 0 7 City of Denton City Council Agenda June 4, 1985 Page Six P. Consider adoption of an ordinance and service plan annexing a tract of land consisting of approximately 60.38 acres situated in the G. Walker Survey, Abstract 1330, and beginning adjacent and east of Edwards Road (A-18). (The Planning and Zoning Commission recommends approval.) G. Consider adoption of an ordinance setting a date, time and place for public hearings concerning petition of Bruce R. Nest for voluntary annexation of approximately 258.66 acres being part of the S. Myers Survey, Abstract No. 843, and the A. Miller Survey, Abstract 887, and beginning west of Underwood Road, east of C. Wolfe Road, south of Jim Christal Road, and north of Tom Cole Road (A-21). H. Consider adoption of an ordinance approving a contract with the Texas Department of Community Affairs to receive funding for and administer the Texas Rental Rehabilitation Program, 1. Consider adoption of an ordinance approving an agreement between the City of Denton and Denton County Electric Cooperative, Inc. for the purchase of electrical equipment and facilities. (The Public Utilities Board recommends approval.) J. Consider adoption of an ordinance approving an agreement between the City of Denton and the North Texas Comm.t1sion for developing and implementing a comprehensive marketing program for the North Texas Region. K. Consider adoption of an ordinance providing for the closing and vacating of that portion of San Gabriel Drive from its intersection with Angelina Bend Drive to its intersection with Piney Creek Boulevard; providing for the closing and vacating of a portion of Piney Creek Boulevard as described herein and providing for the reservation of easements. 81 Resolutions: A. Consider approval of a resolution authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a final statement of objectives and projected use of funds with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended. (The Community Development Block Grant Committee recommends approval,) City of Denton City Council Agenda June 4, 1965 Page Seven B. Consider approval of a resolution authorizing a temporary concrete batch plant on 104 acre tract located on the north side of East McKinney Street (FM 426) approximately 3,000 feet east of Mayhill Road. C. Consider approval of a resolution ratifying a deed with Mr. Anthony Scalise. 9. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 10. New Business: This item provides a section for Council Members to suggest items for future agendas, C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1985 at o'clock (a.m.) p.m. 1797C ~M. flejrfon Publie Z brarb 502 OAKLAND DENTON, TEXAS 76201 MEMORANDUM JOELLA ORR, DIRECTOR TO: BETTY MCKEAN, ASSISTANT CITY MANAGER FROM: JOELLA ORR, LIBRARY DIRECTOR SUBJ: PROPOSAL FOR COUNTY FUNDING - FY1985/86 DATE: May 20, 1985 At the request of the Commissioner's Court, representatives from the ten libraries in the County have been meeting to develop a plan for county funding of library service that would be fair and equitable to the citizens of the county. One of the points made early in these meetings was that the libraries represented were of different sizes, provide different levels of service and have different funding needs. Each library also has to meet different criteria for membership in the Texas Library System - the advantage baing that system membership provides a library with the eligibility for State and Federal money for library development. The attached summary of "Criteria for Membership" includes the 1985 population estimates from the North Texas Council of Governments and the projection by the State Library using the July 1, 19820 U.S. Bureau of Census population estimates. Libraries that do not receive county funds are not assigned extra service population (territorial ,jurisdiction). If one or more libraries receive county funds, the unserved population in the county is divided among those li~)raries and this can vastly change the figures for service population. The funding plan presented to the Commissioner's Court is for three levels of service. I voted for level 2 and 3 with the understanding that they would be presented to the Commissioner's Court with the information tna~ these levels were suitable for the small libraries. Because accenting money changes population jurisdiction which in turn affects system membership, the larger libraries might not find it cost effective to accept it. MEl10RANOUM TO BETTY MCKEAN Proposal for County Funding Page -2- The Level I funding formula provides for $1 per capita plus matching local funds up to $25,000 or $1.25 per transaction fee. Our proposed base budget for FY 1985/86 is $6239291. I expect at least 20% of our total circulation to be from out of city patrons and estimate the cost to provide service to them will be $124,058. The formula that the County Library Committee worked out would provide $123,188 if funded at Level 1. We can offer our present library services which include access to approximately 111,000 circulating items including books, video tapes, 16mm films, art prints, sculpture, records, children's toys, games, tours, story hours, telephone reference and genealogy research. With this level of County funding we can also expand our hours, provide a data base for patron information searches, and a new homework center. A summary of the dollar allocation would be as follows: 1. Staff to restore library service to 60 hours per week effective January 1, 1986 (1 librarian, 3 clericals) $ 59,554 2. Provide a data base for patron requests for information searches 8,224 3. Reference services 15,000 4. Materials for a homework center for children grades K-12 69000 5. Rental bcoks for adults 41410 i 6. 1,010 circulating books for ~hildren 15,000 7• 750 circulating books for adults 15,000 TOTAL FUNDING $123,188 A further a%planation of these services is attached. ~f] lat'z&l Joella rr, Library D rector at 0230h attachments one ~ r PROPOSAL FOR FUNDING OF LIBRARY SERVICES TO DENTON COUNTY RESIDENTS FISCAL YEAR. 1985-86 PROPOSED FUNDING OPTIONS (LEVELS): Level l: 1486,600.00 Leval 2: $318,600.00 Level 3: 1225,600.00 EXPLANATION: Level 1 formula: $1.00 matching local funds up to $25,000 per + 01' capita $1.25 per transaction fee (Denton County out- of-city residents) to be charged to County $111,000 Fiscal Year 1985-86: $225,600 + + $160,000 tt Per capita would be as determined using Texas State Library formula applied to 1985 COG figures (see Page IA). tt Seven libraries would likely opt for the matching funds; this figure is based on estimates of local fundirg for FY 1985-86 and takes into account in-kind contributions (utilities, "free" rant, etc.). (S.~e attached breakdown, page 2), tt Three libraries uouid likely opt for the transaction fee arrangement; this figure is based on an estimate of 40,000 transactions (items checked out by Denton County out-of-city residents) per library projected for FY X985'-86. Level _2_formula: $1.00 per capita + matching local funds up to $100000 Fiscal Year 1985-86: $225,600 + $939000 1t Per capita would be as determined using Texas State Library formula applied to 1985 COG figures. tt hatching funds for all ten libraries is based on estimates of local funding for FY 1985-86 and takes into account in-kind conti„but.ions (utilities, "free" rent, etc.). (See attached breakdown). Level _3_formula: $1.00 per capita Fiscal Year 1905-86: 12256600 tt Per capita uouid be as determined using Texas State Library formula applied to 1985 COG figures. Paige 1 ~ ' a ` Y f1 .51~ V` a r '1.1 .n i~''~ °iJ f f.. 1, I-Y 1 3 YftY 1 DENTON PUBLIC LIBRARY County Funding Service Proposal 1. Staff to Restore The funding requested would provide the staff to return the Service to 60 Hours Library to a service level of 60 hours per week effective per Week Jan. 1, 1986, operating Mon/Wed/Fri/Sat, from 9 a.m. to 6 p.m. & Tue/Thu from 9 a.m to 9 p.m. When the Library lost County funding in FY1983/84l staff was reduced and service cut from 60 hours per week to 49 hours per week. The loss of service hours has affected the Library by a drop in circulation and by a loss of good will from the community that expects a library to be open at hours convenient for them to use. When closed on Mondays during the school year, there is a steady stream of patrons through the parking lot e~ )ecting the building to be open, and the phones ring without stopping from patrons trying to contact the Library. The number of patrons coming by to use the Library on the days we are closed has not diminished in the 2 years since the change. The staff requested to return the level of service to 60 hours includes 1 Library Clerk, I Library Technical Assistant, 1 Library Assistant, and 1 Librarian II. These positions would be added on a staggered basis, adding the professional on Nov. 1, 1985, two clericals on Dec. 1, 1985, and the third clerical on Jan. 1, 1986. At that time the Library would resume service at a level of 60 hours per week. This would bring our professional staff level within adequate standards for our population service area and total staff level to within 4.32 people of adequate staffing standards established by the American Library Association. Without these additional people, the Library will have to continue at a below adequate service level of 49 hours per week. This package is dependent on county funding. Request $ 59,554 2. Databases for Patron The resources requested will fund a one year's subscription to Searches the National Newspaper Index and to the Public Affairs Information System, both available through Dialog, Information Services, Inc. The National Newspaper Index covers every article and feature in The Wall Street Journal, The New York Times, The Christian Science Monitor, The Los Angeles Times. and the Washington Post. This makes it ideal for use by staff and patrons seeking information on business and current events, whether for school, business, or municipal government research purposes. The PAIS database would provide information for both the public and the municipal governrent on public policy and administration. The Library has received numerous requests for information that could be answered with these databases, which, left unanswered, has caused dissatisfaction with services for patrons. An Eagle System, consisting of computer, moniter, printer, and modem, is available for use with the Dialog system through Information Access, Inc., which markets the National Newspaper Index through Dialog. Request $ 8,224 a , 4e "tl~ DENTON Ob&XC L$BhAnY . .County'Funding Service Proposal Page -2- 3. Reference Services: Reference materials are those books and periodicals that remain in a library, available to the publil: at all times and provide specialized information that cannot be found in the circulating collection and also act as a backup source when circulating materials are checked out. A basic reference book found in almost any public library can cost from $50 to $200. Sets of encyclopedias, general and specialized, run from $400 to $500. The average cost of a reference book is $35. The information provided by the Library can include statistical data, homework assistance, Denton history research, social agency referals as well as information that merely satisfies the curiosity of a citizen. Request $ 15,000 4. faterials for Nome- Serving the informational needs of children is the goal of work Center for this service. The funding requested will provide a means to Children K-12 filfiil these informational needs by providing materials for use and access to these materials. This service will provide reference materials suitable for children to be housed in the Youth Services area of the Library. Most reference material is now housed in the Adult Reference area. This funding would provide materials that would more accurately reflect the needs of children ages 9 - 15. During the school year, the area would be promoted as a homework center. Year round it would provide for the informational needs of children ages 3 - 15. Request $ 61000 5. McNaughton Plan: Books are leased and when no lor;,;er read, are returned to t4cKauehton so that shelf space is riot wasted. All shipping costs are paid and books arrive catalogued and processed for immediate circulation. This is the most convenient and dependable source of new fiction and popular nonfiction in temporary demand. Request $ 41410 6. Books for Children: Titles are based on those listed in the H.N. Nilson Children's Catalog for small and medium-sized public libraries are "Easy" titles. Request $ 151000 v ~v i t t --L ,r r v T~ '7 < i.. r? c- v a, a4 n %N, v s + bENTON Pl)B'LIC LIBRARY County Funding Service Proposal Page'-3- 7. Books for Adults: The funding proposed will provide for the purchasing of adult circulating materials. Inflation, loss rate, worn out, non-book, and high use materials are not considered. To adequately neet patron needs, the Library should be purchasing 2 volumes per capita or 116,052 volumes. Currently, the Library is providing 1.5 volumes per capita for the entire Library collection (adult, children, book and non-book materials). The acquisition rate for adult materials alone should be 6,286 volumes per year. The total number of items added to the entire Library collection during FY1983/84 was 8,576. Given the recommended acquisition rate, the adult book budget should average 8100,000. Request $ 15,000 I M . x, POPULATION RANKING SUMMARY OF CRITERIA FOR MEMBERSHIP r IN THE TEXAS LIBPARY SYSTCM TSL (USB of Census) NCTCOG Population Served: 200,001 and ovxr Per Capita Support: $2.80 Materials Collection: one item of library materials per capita or expend 251 on library materials Hours of Access: not less than 64 hours per Meek Staff: six professional full-time lihrarians and one addl- Ilonal full-time librarian for every S0,000 persons served i - - Population Served: 100,001 - 20D.000 Per Capita Support: $2.40 Materials Collection: one item of library rnalerlals per capita or expend at least 251 of local expenditures on purchase of library materials Hours of Access; not less than 54 hours per reek Staff: four professional full-lime librarians and once addi- tional full-time librarian for every S0,000 persons serves! Population Served: 50,001 - 100,000 ~r Per Cepita Support: $2.20 r~enton Denton Materials Collection: one item of library malerials per capita or expend at least 251 of local expenditures on purchase of library materials Carrollton Carrollton Hours of Access: not less than 48 hours per neek Staff, at least two professional full-time librarians Population Served: 1S,00t - 50,000 Per Capita Support: $1.80 Lewisville Lewisville Materials Collection: one itern of library materials per capita or expend at least 25% of local expenditures un purchase of library materials ! Hours of Access: not less than Ito hours per week ' Staff: at least one professional full-time librarian Population Served; 10,001 ---2-5. 0 D_ 25,00) Per Capita Support: $1.50 The Colony Fluffier. Mound Materials Collection: one item of library material, per cep ita or expend at least 25% of local expenditures on purchase of I ~';e Cities library materials; MUST HAVE iAMIYUld of 7,500 r-a+erlals flours of Access: not less than 30 hours per week Staff: have a head librarian who is cmployed in li!)rdry duties The Colony at least 30 hours per week Population served: 10,009 or less Flexor ''sand Krum Per Capita Support: $1.10 or $5,000 whichever is c}realer aaterlals Collection: one item of library rnaterlals per capita Krum Pilot Point or expend at least 251 of local expenditures on purchase of library materials; MUST HAVE MMIYUM of 7,500 inaterlals Lake Cities Roanoke (lours of Access: not less than 20 hours per week Staff: have a head librarian n!io Is c,nployed In library duties pilot Point :'angor at least 20 hours per week P.oanokc 10 Sanger 77 ~ a Denton County Population Projections Denton County, 711182 165,660 less Dallas (126) and Plano (2) in Denton County - 12g "Adjusted" total county population 165,5x2 Libraries in Denton County, populations ficured urler 1.71(3) A. Carrollton 23,546 (19,153 in cit) ;copulation + 4,03 from county) B. Denton 61,263 (OX, 11,430 C. Flower found 7,602 ( 6,184 1,41b D. krun 11328 ( 1,n80 248 E. Lake Cities 9,331 { 705=JA 11741 F. Lewisville 300895 (25,131 5,764 r G. Pilot Point 21894 ( 2,354 " 540 ) H. Roanoke 1,386 { 1,121 20 ) 1. Sanger 3,580 ( 29912 J. The Colony 23,101 (19,?84 4,123 ) 165,532 Total population served by Denton County libraries i "City population for Lake Cities: 1,551 Corinth 1,646 Hickory Creek 3,551 Lake Dallas 836 Shady Shores Y 7, 59(f /hwt 4/10/85 3012.5/DENTON.COI i DENTON COUNTY LIBRARY'S POPULATION 1985 SHARE OF STATE NCTCOG x OF COUNTY COUNTY LIBRARY ESTIMATED POPULATION POPULATION JURISDICTION LIBRARY POPULATION SERVED NOT SERVED POPULATION DENTON 58,050 32.44 15,137 73,187 KRUM 1,250 .70 327 11577 LAKE CITIES 90000 5.03 2,347 11,347 LEWISVILLE 36,550 20.43 9,533 46,083 PILOT POINT 2,450 1.37 639 3,089 ROANOKE 11100 .61 285 1,385 SANGER 3,450 1.93 901 4,351 THE COLONY 17,350 9.70 49526 21,876 CARROLLTON 39,438 22.04 100184 49,722 FLOWER MOUND 10,300 5.75 2,683 12,983 POPULATION SERVED BY CITIES 178,938 BALANCE NOT SERVED 469662 TOTAL ESTIMATED POP 225,600 To determine the Texas State Library jurisdictional population: The population served by each library (the estimated population of each city) is added to determine the total populAtion served. The total population served is subtracted from the estimated population or Denton County. Each city's % of the total population served is then computed (city population divided by total population served equals % of county population served by that city). Each city is then given a % of the population not served equal to the 5 of the population served. This $ cif the population not served is added to the population served to determine the jurisdictional population served. Ex. Plower Mounds 10,300 178038 = 5.7%, 5.75% of 46,662 = 2,683. 10,300 + 2,683 2 12,98'x. 7 0207h yy * .r.• c"' hu yr . 'T'EXAS STATE LIBRARY 1.01U-NZO uI; i.A~,~.1.n srnrr nlzclilvl AND 1.111RAIIV BUII.D1NC BOX 12927, Aus: IN, -fEX 78711 Trxas Stale Library Dorman H. 1',Sntrey and Archives Commission Director and tibFarian April 10, 1935 Joella Orr, Director Denton Public Library 502. Oakland Denton, Texas 16201 Dear 'Is. Orr: In response to your letter of April 2, 1985, we have nade population projections for the libraries in Denton County, using the July 1, 1982 popul3tir)n estimates from the U.S. Buredu of the Census that we are using during this year's accredi- tation process. The population figurei are shown on the attached page. We have applied the provisions of §1.71 (3) of the Rules for Administering the Library Systems Act, in which two or more libraries in a county receive both city and county funds. Although we have calculated service populations for all libraries listed in your letter, I need to point out that, in reality, we only assign population to those libraries that submit an annual report form. Of the libraries you included, Roanoke has not yet submitted a report this year; ind Sanger, Krum, and Flower Mound have never submitted reports. Additionally, Carrollton, which is located primarily in Dallas County, has not in the past reported its ilenton County funds as part of its operating expenditures. I :lake this disclaimer so that you taiil be aware that these projections may be quite a bit more than "two or three people off." If you have any questions about the projected populations or if our office can be of any further assistance to you, please feel free to contact me. Sincerely, Raymond Hitt Director Library Development Division RH/hwt • I attachment cc: A.E. Kenneweg, Krum Public Library 3012.5/DENTON.CO AN EQUAL C7PI'OR`rUNITl' BMPLC)1'CR I ts76.19E6 Administrat~n (5ti1 415.2106 (S1S 122.2166) Inlorma5nn Services Orison {512) 175 ?936 1515!22 2936) Aom n+strative Services (512)115.6651 ISIS 122.6651) Litxlrr Development Division (512) 415-+119 ISIS 122.4119) Archives Division (512)/15.2115 ISIS 122.2445) Lout Records Drvrsion )512) 415.2449 ISIS 122.2449) Dale processing (512) 41 S•1521 (STS 622.15211 Records Minas;ement Division 1512) 4512105 Oivisson for the 611nd and Physically Hir4capped 151.1115 059 ISIS 112 17562 DATE: 'k CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager G~ SUBJECT: DISCUSSION OF PETITION FOR VOLUNTARY ANNEXATION BY RESIDENTS OF VACATION VILLAGE ESTATES FOR THE PURPOSE OF DETERMINING WHETHER TO BEGIN THE ANNEXATION PROCESS. RECOMMENDATION: No recommendation is available at this time. SUMMARY: A petition representing 58 residents of Vacation Village Estates for annexation has been submitted for City Council review and a determin- ation concerning whether thri annexation process should be initiated is needed. BACKGROUND: Ms. Lucy Hogue contacted the Planning and Community Development Department in April, 1985 concerning procedures for requesting voluntary annexation. PROGPAMSj pEPARTMENTS OR GROUPS AFFEC'TE'D: An existing population estimated at .7.70. All City of Denton operations charged vith providing basic services. FISCAL IMPACT: 1. Department Budgets 2. Pro rata participation on utility extensions Respectfully submi ed: • 12 - __Ww G. Chris artun City Manager Prepared by: / David Ellison Senior Planner App ve 44A Jeff Hips Director of Planning and Community Development 0861j STAFF REPORT To., Denton City Council Meeting Date: June..4, 1985 GENERAL INFORMATION Petitioners: Fifty-eight Residents of the Vacation Village Estates Mobile [tome Community Requested Action: Annexation by the City of Denton Location: Vacation village Estates is located adjacent and north of FM 426 (East McKinney Street) between Trinity Road and Lake Lewisville approximately 2 1/2 miles east of Mayhill Road. Existing Land Use: A mobile home subdivision with individually owned lots and residents. Approximately 281-287 lots currently exists with an average size of 801 X 1001. Population: The 1980 census reflected an estimated population of 396. The Planning Department feels that the current population is at least 770 based on approximately 280 occupie4 structures X 2.75 occupants per dwelling. PURPOSE OF REQUEST As indicated in the attached cover letter bnd petition, Mrs. R. C. Hogue, Mrs. Jim Elliot, and Mrs. Jerry Davis have requested in behalf of at least fifty-eight (58) residents, the annexation of Vacation Village Estates. The stated purpose of the request includes a doetre for increased and improved police and fire protection, ambulance service, City zoning and code enforceuent, animal control, sanitation service, and public water and sewer service. These are fundamental and uasic City services and various departments have commented on the projected impact of delivery of these services if annexation occurs (see attached memorandums). 17 N, -le (Annexation petition) Page Two PLANNING INFORMATION Voluntary petition for annexation by communities of this size in terms of population is somewhat unusual in a historical sense, but it is anticipated that similar requests will increase as utilities and other inadequate community facilities (streets, drainage, etc.) serving subdivisions and incorporated areas in Denton's extraterritorial jurisdiction begin to create problems. The incorporated community of Copper Canyon is inquiring about possible annexation by the City of Denton in approximately ten (10) years primarily because their current water supply is expected to last for approximately ten more years. To put the request of Vacation Village into ~~ome sort of perspective, please note that a population of approximately 128 was absorbed by the City of Denton, approximately 1,291.61 acres were annexed in 1983. Approximately 2,526.57 acres and a total estimated population of 172 was annexed in 1984. Approximately 282.13 acres and zero population have been annexed to date in 1985. The City of Denton has approved a total of twenty-four (24) annexation petitions to date since 1983; sixteen (16) of these petitions were initiated by the City and eight (8) were at the requeet of the property owners. Twelve (12) annexation petitions are pending or in various stages of processing; tho City of Denton is the petitioner in 4 of the 12 pending cases, 6 of the petitions are voluntary, and 2 are joint petitions (City of Denton on a portion and voluntary request on balance of tract). A voluntary petition for annexation of land adjacent and Vacation Village is included in the 12 pending cases ani will be studied by staff and submicted for City Council comment in approximately 2 to 3 weeks. This requetit for annexation serves as an excellent illustration of the issue of growth and development in the urban fringe. Growth in the urban fringe frequently bagine with scattered single family housing on relatively large lots (1 to 5 acres) along county roads. Occasionally small subdivisions are constructed and ultimately large clusters of housing and subdivisions of more significant size follow. Tract develop- ments typically locate where land in expansive, relatively fiat and inexpensive according to reports and studies published by professional planning related organizations such as the Urban Land Institute. The initial attrantion of subdivisions and communities such as Vacation Village is the scento and relatively inexpensive surroundings located some distance from substantial existing development. I (Annexation Petition)` Page Three PLANNING INFORMATION (Continued) In some instances the adjacent urbanized community which may have once served as the motivation and inspiration for that attractive development "away from it all" in the urban fringe or extraterritorial jurisdiction (ETJ) becomeb the perceived answer to the pressing questions of how to provide basic urban services such as fire and police protection. Even if a community is able to contract with an adjacent more urbanized community for these services studies of ten show that the cost is often high. The low property tax base which may have been a blessing at one time could become a burden if it does not finance basic services that adequately meet the needs of the residents. The City of Denton has adopted an annexation policy which attempts to analyze the impact of developments in the fringe and ETJ. The current subdivision regulations of the City are also applied to developments in the ETJ and county officials are monitoring subdivisions and coordinating with the City of Denton staff in an unprecedented fashion. Yet, controlling and insuring proper growth in the urban fringe or ETJ remains primarily reactionary in nature and it is impossible to apply the full force of City zoning development, and building regulations without annexation. Annexation of additional territory stretches service capabilities, particularly when significant population is involved, but failure to annex areas prior to, or at the time of development can cause a city to inherit more problems in the future. The "pay now or pay later" predicament is one which staff has found no definite solution to other than application of good judgement and wisdom by the decision makers based on the facts presented to them. SPECIAL INFORMATION Memorand»ms from the Engineering Division of the Public Works Department, Utilities Department and Police Department are attached for City Council consideration. it is significant to note that the Utility Department has recommended that the residents of Vacation Village essentially pay the cost of extension and upgrading of needed water and sewer facilities. As reported in previous work sessions, development interest is significant in east Denton and the cost of extending utilities to Vacation Village Estates can potentially decrease if things which are discussed and planned actually develop. A procedure is also available for requesting extension of City of Denton I Utilities at private expense to areas in the ETJ. (Annexation Petition) Page Four SPECIAL INFORMATION (Continued) The Public Works Department has addressed streets and drainage in its memorandum drafted by Jerry Clark, City Engineer. Public dedicated streets are currently maintained by the county. Two of the four main streets are not maintained by the county because they were never formally dedicated. Impact on the Solid Waste and Animal Control Divisions of Public Works has not been assessed to date, but the petition mentions animal control as one of the services considered a priority in terms of needs. There is sufficient evidence of pride-of-ownership on the part of homeowners within the subdivision, but there are also examples of potential code enforcement problems. One home- owner informed staff of unusual "restrictions" imposed by the "developer" during a visit and the petition for annexation also refers to a need for "City ordinances to take the plaza of developer's rules". Areas have been annexed with increased code enforcement serving as one of the catalyst in the past, and one reason some homeowners have requested annexation is to seek ways to improve existing conditions. The Police Department has expressed "serious reservations" about the annexation of this area in its attached memorandum and an estimate of the cost of providing service is included. The Fire Department has expressed some concerns verbally, primarily because ther4 is insufficient water and a lack of fire hydrants throughout the subdivision. The subdivision is currently served by the Mayhill/Cooper Creek Volunteer Fire Department. The Fire Department has requested a legal opinion concerning the potential liability if an area such as Vacation Village Estates is annexed without hydrants and sufficient water and damages are caused by a fire. In an attached 1984 legal opinion staff has been advised that the City of Denton may annex Vacation Village and the area served by the Vacation Village Water Company without being required to assume responsibility for any of its assets or liabilities. ACTION REQUIRED Receive petition for annexation and staff report and make a determination concerning whether to begin the annexation process. ALTERNATIVES 1. Make a determination 2. Take no aatton 3. Table action .r tAn' nex4tion Petition) Page Five ATTACHMENTS 1. Copy of cover letter, petition and "restrictionall submitted by residents of Vacation Village Estates 2. Memorandum from Director of Utilities, dity Engineer and Police Department 3. 1984 legal opinion concerning annexation of water district 4. Map 4 08169 • April 30, 1985 MR. DAVID ELLISON CITY rLAIINER DENTON, TEXAS Dear Sir, A eoeaittes of three has been chosen to represent the people of Vacation Village Estates in their desire to be annexed by the city of Denton, Texas, Any or all of the three persons may be called to act upon any decision the City nay wish with regar-la to the annexation procedures, This comnitte is presenting a petition consisting of fifty eight (58) signatures requesting annexation, Theme signatures were obtained using only two streets of the area, and are given to you at this time to show that the area is indeed, ready for the City of Denton to annex the area known as Vacation Village Estates, R. C. R ots. ELLIOTT MRS. TERRY DAY RT.2 BOX 1097 RT. 2 BOX 918 p,O. BOX 1062 bENTON DENTON DEMON 303 2972 387 9912 56S 0565 April 26s 1985. CITY COUNCIL • DENTON, TEXAS RE: VACATION VILLAGE ESTATE ROUTE 2, DENTON,, TEXAS Gentlemen= This petition comes to you with our request for annexation into the City of Denton, Texas. I We are a rural Community which has grown over the last few years to an alarming amount of people having many various idase as to which rules and/or regulations should apply. All of our children attend Denton City Schools and ride school buses. Our needs here are many, to name a tax, BETTER FIRE PROTECTION, FOLICE ASSISTANCE, AMBULANCE SERVICES, CITY ORDINANCES TO TAKE THE PLACE OF DEVELOPERS RULES, PST POPULATION CONTROL, WATER, SEWER, AND TRASH PICK-UP. We, as shown by our attached signatures, do wish to be annexed by the City of Denton, Texast NAHS 07 OWNER BOX NO. BLOCK LOT TELSPHONB 1 l _ F~ l 6 381-g 30 l 2, G' 3. , r U or .OL 5• -Z 'rya. ?rL -4: 6. <►.~r.. 70 ~0 6 • 63 9. 4C 4,44i 4IL, 10. 12. 13. 14, 15. April 261 1985. OITY COUNCIL DENTON, TEXAS RE: VA^ATION VILLAGE ESTATES ROUTE 2, DENTON, TEXAS Gentlemen: This petition comes to you with our request for annexation into the City of Denton, Texas, We are a rural community which has grown over the last few years to an alarming amount of peopl. having many various ideas as to which rules and/or regulations should apply. All of our children attend Denton Oity Schools and ride school buses. Our needs here are many, to name a few, BETTER FIRE PROTECTION, POLICE ASSISTANCE, AMBULANOE SERVICES, CITY ORDIN,NCES TO TAKE THE PLACE OF DEVELOPERS RULES, PET POPULATION CONTROL, MATER, SEWER, AND TRASH PICK-UP. Me, as shown by our attached signatures, do wish to be annexed by the Clty of Denton, Texast HAMS OF OWN BOX NO. BLOCK LOT TELEPHONE z. 11~ 3 9 I PZ -93R 4. { 5. /.5- 4P)'- Zia P7 6. L It x- b -93 6~. Alt 8. 9. F0. 11. 12. 1 J, t4. 15. , 1 5r April 26, 1481. CITY COUNCIL DENTON, TEXAS RES VACATION VILLAGE ESTATES ROUTE 2, DENTON, TMAS Gentlement This petition comes to you with our request for annexation into the City of Denton, Taxes. 'We are a rural community which has grown over the last fax years to an alarming amount of people having many various ideas as to which rules and/or regulations should aprly. All of our childrer attend Denton City Schools and ride school ouses. Our needs here ►.re many, to name a few, BETTER FIRE M)TECTIONe POLICE A:SISTANOE, AAPULANOE SERVICES, CITY ORDINANCES TO TAKE THE PLLOZ OF DEVELOPERS RULES, PET POPULATION CONTROL, WATER, SEVER, AND TRASH PICK-UP. Wee as shown by our attached signatures, do with to be O.nnexed by the City of Denton, Texas NABS OF OWNER BOX N0. !f BACK LOT TELEPHONE ,A • R kbIA- 15 d illy h i J 7!1 4, t 1,01 r 11 . 01 e 9• ,yip=ir'' .~~'3- /I:jJ 10.4LA,.t A" /J~/.~~ ~/3 tie e 11. ~~14P, ~Yr ~7 12. dAA lJAr Jr F 'op - &EO 13. 14. t5. r A .4i 1f 1','~•~t 1. ~ M1i, t V April 261 1985• CITY COUNCIL • DENTON, TEXAS REi VACATI(oN VILLAGE ESTATES ROUTE 2, DENTON, TEXAS Gentlement This petition comes to you with our request for annexation into the amity of Denton, Taxer. We are a rural commuA ty which has grown over the last few years to an alarming amount of people having many various ideas as to which rules and/or regulations should apply. All of our chi)dren attend Denton city Schools and ride school buses. Our needs hare are many, to name a far, BETTER FIRE P." TEOTION, POLIUS ASSISTANCE, ANSULANOS SERVICES, C1-fY ORDINANCES TO TAKE THE PLACA OF DEVELOPERS RULES, PAT POPULATION CONTROL, WATER, SEVER, AND TRASH PICK-UP. We, as shown by our attached signatures, do wish to be annexed by the City of Denton, Texasi MAMA OF OWNER BOX NO. BLO}:K LOT TELEPHONE ~.1C_A `a a Pr 6.~)~ Jac 44 J& 4# 81 9 tai t~, w . 12. ve 1 . ! r 12 7 14. 15, :T go April 26, 1985. CITY COMM DENTON, TSX/.S RE: VAOATION VILLAGE ESTATES ROUTE 21 DENTON, TEXAS Gentlumens This petition comes to you ~-Ith our request for innzation into the City of Denton, Texas. We are a rural community which has grown over the last few years to an alarming amount of people having many various ideas as to which rules and/or regulations should apply. All of our children attend Denton City Schools and ride school buses. Our needs here are many, to name a few, BETTER ?IRS PROTECTION, POLICE ASSISTANCB, AR BULANCS SERVICES, CITY ORDINANCLS TO TAKE THS PLACE OF DEVELOPERS RULES, PST POPULAT70N CONTROL, WATER, SEWER, AND TRASH PICK-UP. We, as shown by our attached signatures, do wish to be annexed by the City of Denton, Taxes: NAlSE~F OWNER BOX NO. BLOrK LOT TELEPHONE G6-2/G~ C --3 _ %Z" 4. Z ~H - _3 7 5. Y. f~~o 3SJ 1~'31 8. yp l3~ Y 1 4 13. a. ~f1 r~2F~e. 1/ ~ru 9~R A -1 3~•l 5S'q-n - 1 5• ~c~a~ ~i EGG' (~~<<<~ 33~ -SGo! Ce r r 14 11, 4 11.~'~tT C at F 4 ~W 1,.'~en K t P' 44 1~wwa+Mru elaeSa~ ` let Oi(eter iti~ `x ` M1E' t=~ ►gety' s! t i Gow~smel eN "tla kaiettfstwde>i liiyril h odd rmriitN wedr oeeresmes to serve for a ten of tea (1) peace sr mntil hit"ttiesM!et is duly 4loated~the Cereiwss shall fill vseaselss fa tier 1l~ea at Orvaesest br s ms,)erity Veto of the remal"04 Gomel as S. , The bard of OovetrmaIMsHeljFlie upM'a' eel I rec~ of the Oowerasro amlossl s►sseriN`alsat, fled. Shedd eithrbprAkser so-let samese tail to duly oloet Goversorep tbrr tbeme so ddy elected by tbu a kbW skstiu Sooemo and set aecordinoly, t. All lots shall U knows gad dose ribod as lots tog tomi4eattal purposes only. Only oae- family residenea or one mobile hose say be erwtied, altered, placad, or St permitted to to- main on any lot. Said late shall not ee used for business purposes of any triad not for any comaaercial, manufacturing of mportseat house purposes, waleea the approval of the Board of Governors is obtained. Mobile homes shell be forty (40) feat minion and shall be underpinned uithin sixty (60) days after Installation. 3. The approval of the Governing Board shall be required before coaernctat construction of any out building or addition thereto, any addition to a mwbtle hose, or any feet* or addition. 4. No noxious or offensive activity, use or noisy pate shall be carried on or permitted upon any lot, not shall anything be done tharsou which may be at become any annoyance or nuisance to the oatihborhood. In the event that A lot owner or buyer allows or coaducta sexism or offensive activity upon any lot at allows anything does thereon to become an manoyases or nuisance to the neighborhood including obnoxious, offensive or injurious activity and noise caused by any pate of such owner or buyer, he shall 'a liable for actual attormay't+ teas and court coats incurred in obtaining an injunction against such noxious or offensive activity or annoyance at nuisance to the neighborhood. After sixty (60) days have elapsed after judgement ordering a permanent injunction become final it the offending owner or buyer has not paid the actual attorney's flog and court toots Iseurrad, all title and right to the lot or Into of the offending lot owner or buyer shall revert to and tamest is the Seller upon pey%sot of the un- paid attorney's teas and court cost by the Seller. The terms "Noxious or offensive activity" and "annoyance or nuisance including obnoxicue, offensive or injurious activity end "I" caused by say pets of such owner or buyer" shall be defined and interpreted by the board of Governors, upon a coaeurriag vote of four (4) Governors, as they shall. from ties to time determine in their discretion. S. No building shall be caster then five (S) feat to either side property lino, and the minimum set-back of all buildings from the front property lines shall be fifteen (13) feet. An easement is reserved over the front and roar eight (s) feet of oath lot for utility installattoas and maintenance. 6. In the event that a lot owner or lot buyer fails to lee► a lot or lots under his control, cleagod of rubbish, tall grass or weeds, the Board of Governora, upon the concurring vote of four (4) Governors shall have the power., and the necessary right of 4intry, to contract for the needed maintenance and assess the coat of such maintenance agafoot the offending lot owner or buyers. The offending lot owofsr or bvyer shall ba notified of the assessment by certified mail. return receipt requested, and it after sixty (60) days have elapsed after the return of the delivery receipt of said notica, or refusal or failure to accept same, and the assoo meat has not been paid, all title and right to the lot or lots met the offending lot owner or buyer shall revert to and revest in the Seller or the contract of sale shall be cancelled and held for caught and all payments made theretofore by Seller to Buyer shall become the liquidated damages and property ei Sallare upon payment of the unpaid assessment by the Seller. 1. Those restrictions and covenants are hereby declatod to be covenants runsint with the land and shall be fully binding upon all parmooa acgUring property in said subdivision whether by descent, devise, purchase or otherwise, and any parson by the acceplanee of title to any lot in this subdivision shall thereby agree and covenant to abide by and fully perform the foragotas restrictions and covenants. These covenants are to run with the land and shall be binding for a per.(od of tvanty-five (I:) Years from the date hereofi at the and of such period, said restrictioas and covenants shall autautically be extended for a successive ported of tea (10) years unless, by a vote of a three-fourths majority at the then owners of the lots (484h lot having one rote) taken prior to the expiration of said tvanty-five year period end filed of record In said County, it is agreed to amend or release same. a. If any person or persons shall violate or attempt to violate any of the restrictions and covenants heroic, it shall be lawful for any person or persons owing soy lot in Amid sub- division to prosecute proceedings at ism or in equity ssainst the person violating any such restriction and covariant, either to prevent his at them from so ddiag or to correct such viola- tion or to recover dwges or other relief for such Violation. Invalidation of any one or part of theca restrictions by judgement or court order shall in nowise affect any of the provis14ee or parts of provision which shall remain in full forte and effect. 9. The Board of Goveraori, upon a concurring vote of five (S) Gowrsors, shall have the power to amend these restrictions and to diminish or increase the power of the Board of Governors. 10. No owner or harborer of soy animal shall permit such animal to run at large upon the street silays, or any public plate, within Vacation rillage Iterates. Such animal shall at all time he under the control of his ovear, a caber of the owner's family, his servant or ,gist, by swore of a leash or chain or rising of sufficient straogtk end length to control the actions of such animal. At all other times the Animal shall be eosfined by a substantial feats of sufficient strength and height to prevent the snieak from secaping, or inside the house or secured me the promises by s leash Consisting of s •etal chain of sufficient strosoth to provost the animal from ascapiag and so arranged that the animal will ramie apes the promisee WWA WW I$ extended tall l*ASth. if any "jut is found upon the'ried"s of afty"e, the Owler or 644dw, of such premises stall have the tight to confine such sni*Al until Ao can notify the Witter of Public gealth or foundkeepar or County Ndalcb Departsect to iampouad such aaisait provided the same is dome in a reasonable tied. vb*n so n6tifwd, It shell to the duty of such OfHaeas to at ones tauss such animal to be iro0uaded. C CITYo! DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-820 HiMORANDUM TO: JEFF ME YER, DIRECTOR OF PLANNING FROM: R. E. Nelson, Director of Utilities DATE: May 9, 1985 RE: Annexation Petition- 'iacation Village and Copper Canyon (Reference your memo dated May 2, 1985) The following comments are provided from the Utility Department with regard to Water/Wastewater service in the event of annexation: Vacation Village At present, there is no city water line to Vacation Village. The closest city water line will be about 12,000 feet away when the water line to "The Meadows" Mo"mile Home Park is completed on East McKinney Street. Estimated cost to construct this 12,000 feet of 8" water line Vacation Village 1 sholgld be would a condition of annexation, of this line by Vacation In order to upgrade the existing substandard waterlines inside of Vacation Village Mobile Nome Subdivision, an additional 2000 feet of 6" minimum size would cost $25,000. The existing privately-awned sanitary sewer system does gravitate to a city-owned and operated lift station. This gravity sanitary sewerline is known to be substandard in size and condition. There have been several complaints from occupants of clogged, broken any overflowing sewer manhi,les. It would take about X000 feet of 8" sewer main to rehabilitate this system at an estimated cost of $38,000. If the City of Denton should choose to annex Vacation Village, the provision of Appendix A, paragraph 4.10, (D)(8) should appl? and reads, "Prior to such acceptance by the City, such water and sewer lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc. if water and sewer lines and facilities are not according to city standards, a per lineal foot pro rata charge shall be charged to the users of such system(s) for installation of these new facilities (or) will be on a , existing afaciliiies tto meet s city s standards upgrading or rap.~iring the 36S6U:l k a a ' 4••.Y~I ~ 4/ ir~ S r, J a x r d yw F Vacation Village/Copper Canyon May 9, 1985 Page 2 The total estimated cost to provide water and sanitary sewer line to city standards which would be essentially a replacement of present systems is $63,000. This assumes Vacation Village extends water service to the area. Costs of internal lines would be charred to property owners of Vacation Village at the pro rata rate of $12.50 per foot for 6" water and $19.00 per foo; for 8" sewer lines measured across property frontage times 601. This may change as the pro rata rates change. Copper Canyon At present, there is no knowledge of the condition of the Copper Canyon water and sanitary sewer systems except that they are on wells and septic tanks. In order to serve this area with water and sewer service, at least an 8" water line would have to be constructed for a distance of 7,000 feet just to reach the outskirts of Copper Canyon at an estimated cost of $151,000. Extension of water and sewer lines to this area plus the sewer lift station should be a condition of annexation. Closest water and sewer services would be at Old Altom Church and Hickory Creek Mobile Home Park. The sanitary sewer line to the outskirts of Copper Canyon would also need to be about 7,000 feet of 6" forced main at A cost of $88,000. A lift station will be needed to pump this distance at a cost of $100,000. The internal water lines at Copper Canyon can only be estimated at 3,000 feet of 6" water line for a cost of $38,000. Internal sewer lines in Copper Canyon are estimated at 3,000 feet of 8" size for a cost of $57,000. Total estimated cost to provide water and sanitary sewer service to city standards, which amounts to essentially a replacement of present system, is $95,000. The provisions of Appendix A, paragraph 4.10(D)(8) should apply to annexation. Costs of internal water ai:d sewer lines would be charged to property owners of Copper Canyon at the pro rata rate of $12.50 per foot for 611 water and $19.00 per foot for 8" sewer lines measured across property frontage times 601. This may change as the pro rata rates change. e 6f/ C Ut~ ~-mss c Asst. Dir. of Wtr/WW Utilities APPROVED: Re son, Director of Utiliti 36S6U:2' a rVacation Village/Copper Canyon may 9, 1985 Page 3 The following conments are provided from the Utility Department with regard to Electric service in the event of annexation: In keeping with city policies, we would be obligated to furnish street lighting on all existing dedicated streets upon request; therefore, we will extend electric service into the area, if we can obtain a certificate to do so, parallel to the TP&L lines currently in place. The average cost per lot is estimated to be $800. h. Ls. u os, F.b Asst. Dir, of Electric Utilities APPROVED: e'~i-7 K. E. Nelson, P.E Director of Utilities r . CITYoi DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817} 566.8200 M E M 0 R A N C U M DATE: May 13, 1985 T0: David Ellison, Senior Planner FROM: Jerry Clark, City Engineer RE: Annexation Vacation Village As per our site visit of Vacation Village Estates, the Engineering and Street Divisions of the Public Works Department do not feel annexation is in the best interest of the City of Denton. 1. The streets are seal coats or gravel and in a very deteriorated state. They are full of potholes, side road deterioration, with other pavement and subgrade problems. All streets would have to be torn out and completely rebuilt. An estimated cost for rebuilding the streets would be about $60-$70 per foot. Total costs could run over $1 million dollars as there seems to be at least three miles of streets. 2. Drainage is another huge concern along with the driveways. Driveway culverts are very close together, under sized, and in very poor repair. Many have their ends smashed in making them of little use. Most of the drainage ways are still natural which means undersized. However, many have been blocked, diverted, or changed to create huge problems for anyone responsible to maintain the system. The end o~ the village that faces Lewisville Lake has several trailers that look like they could easily be flooded if rains of 1981's intensity return to this area. Total costs for drainage repairs, construction and easement acquisition could run from $1,000,000 and up. The above items could create severe capital costs for the City of Denton if annexed. As Per discussion with persons in the county knowledgeable of complaints, the changes would most likely be requested immediately. ?AA6 CAAA.~t Jerry Cla , P.E. City Engineer is A0288E v S e• 1 .1. r p ~ m 2,.e. CITY OF DENTON MEMORANDUM TO: David Ellison, Senior Planner FROM: Capt. Glen Smithers, Police Department SUBJECT: Annexation Petitions DATE: May 8, 1985 The Police Department has very serious reservations regarding the annexation of Vacation Village and Copper Canyon. Both these areas are well isolated from the main portion of the City. They would require an increase of personnel and fleet vehicles just to provide patrol coverage. We heve no idea of how may calls for police eervice would be generated from these areas, but we do feel it woulf be significant. a rule mobile home parks, such as Vacation Village, generate more calls for police service than other areas due to the density of housing and residents. The costs to provide a continuing level of service to the City, including these areas, would be approximately $170,000 for additional personnel plus $54,000 for added fleet vehicles for a total of $224,000. Without adding personnel and vehicles our level of service to other parts of the City will decrease causing more citizen complaints about having to wait an excessive amount of time for police service. I hope this information will prove beneficial to you in determining the feasibility of annexing these areas. Glen ers, Cape Patrol Division . ~4: tLL MEMORANDUM DATE: May 15, 1985 TO: David Ellison, Senior Planner FROM: Jack Gentry, Fire Chief SUBJECT: Annexation Petition - Vacation Village and Copper Canyon The Fire Department sees no r;nl problem with the annexation of Vacation Village If they are served with the proper water mains, fire hydrants, and required fire flow meeting minimum standards set forth by the State Board of Insurance for In- . surance Key Rate Credit. ; We do not feel we could properly serve Copper Canyon at this time due to the running distance and response time. However, this could change in the near future If our fire master plan (fire station location) determines that the new Fire Sub-Station should be located In the southeastern section of our City. would like to point out that on any new annexations, if we do not meet the minimum required water mains, flre hydrants, fire flow and running distance, and response time It could very well effect our Insurar :e Key Rate which would cause the fire insurance cost to increase for all citizens of Denton and not just for the new annexation locations. foe a entry Fire Chief Denton Fire Department JGlec IT'~9T -1'(1 v1 .L.S... .T.ii°S Y~ 2 .ci F i ^ 41 y T F'. ~ i.~1 3 iYY• LEGAL DEPARTMENT MEMORANDUM Dabra Adam Drayoritch, City Attorney Joe D. Norris, Assistant City Attorney Robert Be Bunter, As stant City Attorney TO: Robert Hagemann, Fire Marshal FROM: Joe D. Morris, Assistant City Attorney SUBJECT: OPINION NO. 378 City's Liability Resulting from Fires in Annexed Areas that Do Not have Fire Protection Facilities DATE: May 23, 1985 In your request, dated May 13, 1985, you ask us to address the potential liability of the City that may result from fires in annexed areas that do not have fire protection facilities. We assume that your concern is based on the fact that in many annexed areas there are existing buildings that do not have adequate water mains and hydrants for adequate fire protection. Implicit in your question is the issue of whether the City may be held liable for failing to provide or require adequate water supply facilities for fire protection in annexed areas. The liability of a party may arise by the commission of a tort, which is a civil wrong, independent of contract, whereby a party violates some, duty, imposed by law, owed to another. A tort includes negligent conduct, wherein one party performs or fails to perform a duty owed to another. If the negligent, conduct is the proximate cause of some injury to the person to whom such duty is owed, the negligent party may be held liable for such injury. Historically, cities hevo been immune from liability for injuries resulting from their negligence in performing governmental functions, unless there has been a statutory ::giver of such immunity. The providing of fire protection is a governmental function. Steele v. Berbian, 620 S.W.-2d 875 (Tex.Ci,r.App.- Amarillo 1981, no wr t though the Texas Tort Claims Act (Tex.Rev.Civ.Stat.Ann. art. 625219 (Vernon 1970)), provides for q.T'T-yT'di'"'r-_°' OPINION NO. 378 May 24, 1984 Page Two the waiver of governmental immunity in certain circumstances, it specifically retains governmental immunity from "(a)ny claim based on an injury or death connected with any act or omission arising out of... the failure to provide, or the method of providing police or fire protection." {Section 14 (9)) Although the providing of fire protection is a governmental function, the City's power to acquire, maintain and operate a water supply system is a proprietary function. Boiles v. City of Abilene, 276 S.W.2d 922.- (Tex.Civ.App. -East land , error re Generally, cities have no immunity from liability for negligence in the performance of proprietary functions. There- fore, when furnishing water to its inhabitants, the City- is not immune from liability for damages resulting from its negligence in furnishing such water. Mood% v. Cit of Galveston, 524 SW2d 583 [:ex.Civ. App.-Houston st Dist.) , writ ret'd n.r.e.) Generally the courts have held that, at least in the absence of any statutorily imposed obligation, the promulgation of policies concerning when and where to provide water service by extending water mains is a governmental function within the sound discretion of the governing body. Crownhill Homes Inc. v. Cit- of San Antonio, 433 S.W.2d 448, 458 ex. v. pp.-Corpus Christi 1968, wr t re 'd n.r.e.) We would note, however, 'that in 1981, the Municipal Annexation Act (Tex. ev.Cgiv.Stat.Ann. Art. 970a (Vernon Supp. 1985)] was amended to require cities, prior to annexation, to prepare a service plan to provide for the extension of municipal services into annexed areas. (Section 10-A) Section 10.B of the Act, as amended, provides, in part, as follows: B. The service plan shall include: (1) a program under which the City will provide police protection, fire protection... or service within each particular area within sixty (60) days after the effective date of the annexation of that particular area, and (2) a program under which the City will initiate the acquisition or construction of any capital improvements necessary for providing municipal services for the particular area, the construction to begin within two and one-half (2 1/7) years of the effective date of the annexation of the particular annexed area... t ; . rt a ~ OPINION NO. 378 May 24, 1984 Page Three If a city fails to provide services to an annexed area in accordance with the service plan, the Act provides for a procedure for the persons in such area to petition for and file an action in court for disannexation. Although the Act imposes a statutory duty upon a city to provide for fire protection to an annexed area within sixty days of its annexation and to undertake capital improvements to provide city services to the area, we do not believe that a city's immunity for failure to provide fire protection facilities to an annexed area hai been affected by the requirements of the tct. If a, city chooses to use such extended water supply systems for purposes of also providing fire protection, by, for example, also installing fire hydrants, that choice would involve a policy decision as to the method of providing for fire protection to the annexed areas, which is a governmental function for which the City retains immunity from liability. The liability of cities in regard to the furnishing of a water supply system for the dual purpose of providing water for everyday use to customers (a proprietary function) and for providing fire protection (a governmental function) was addressed in Steele v. Berbian, supra. In that case, the City of Amarillo had, in connection w-tithe widening of a street, relocated some fire hydrants which entailed the shutting off of water to the hydrants, installing additional pipe, and resetting the hydrants in cement. A city employee. had failed to reopen.a valve to supply water to one of%the relocated hydrants that was later needed to fight a fire that destroyed the Plaintiff's home. Althou;u the court recognized that the employee's omission to restore water service to the hydrant was done in the performance of a proprietary function, the court held that the City was immune from liability for the destruction of Plaintiff's home because the damage suffered was connected with the omission arising from the failure to provide fire protection, a govern- mental function for which the city had immunity. SUMMARY The providing of fire protection by the City is a governmental function. The City is immune from liability in the performance of governmental functions, except as provided for in the Texas Tort Claims Act. The Act specifically provides that govern- mental entities are not liable for injuries resulting from the failure to provide, or the method of providing fire protection. F~~ ~..~T_TSn .1 'Ta,~-~-r•~~-a--" --;~n,~'~ ~ r4 ~~ti~~~~, g ~ s ~ r a . c s .;r .~-e ya-~;- ..;c ham. OPINION NO. 378 May 24, 1984 Page Four Although the Municipal Annexation Act imposes an obligation upon the City to prov'.de city services and capital improvements to annexed areas within a apecifiod time, the City is not liable for damages that result from fires in annexed areas because of the City's failure to provide fir• protection facilities for existing buildings. E D. MORRIS 3DM: j s xc: Chris Hartung I CONCUR WITH THE FOREGOING: B A. RA i ~V~`.','~ t~r1 Y K)i rt ~ 4 `S y 4 1 Y:y 4 ~ i ) 54LF J•.s V CITY OF DENTON, TEXAS OFFICE OF THE CITY ATTORNEY MEMORANDUM C.J. Taylor, Jr., City Attorney Joe D. Morris, Assstant City Attorney Robert B. Hunter, Assistant City Attorney DATE: July 3, 1984 A 3M TO: G. Chris Hartung, City Manager -ICE FROM: C. J. Taylor, Jr., City Attorney SUBJECT: Your request for an opinion dated June 18, 1984 states that there is a water district covering vacation village and therefore the City can not annex a portion of the water district. Your request further states that the City woull be required to annex the entire district if annexation is to be accomp;.ished by City. We have been unable to determine that a wacer district exists at this location operating under Article i?.i, Section 52 or Article 161 Section 59 of the Constitution of the State of Texas-or any statute authorized thereunder. There is in existence a private water company which has a Certificate of Necessity to service water to Vacation Village, however, it is a private corporation and is not a water district as contemplated by the statute requiring the assumption of the liability and assets of the water district. The City of Denton may annex Vacatf.on Village and the area served by Vacation Village Water Company and not be required to take over any i of its assets or liabilities. This reply also answers your questions under item 1 of the 5:30 p.m. discussion agenda on July 3, 1984. C. J. AYLOR, J CJTJR:js 4 4; yJ... ' ~ ~ ~ a~~y Y'' ~'J a,A ' • ~ , ~ !n • i~ W' J „ s i V ,'4 a.. ~ P r •rY V y ~ • • 1 Ilk r 3 ' • .7 • Hojt-fe ~z Pleld '%Rd .AI' ' ALor ♦ ' 429 f ~1 - ' • Fla 4 4 Ger a s' e i?j ~a'•ti Tt Rd r; l • 0 ~ e-_ -A ; ,tic' ~ moll • ' '\--y}/iC.4jIGN VIt.LAG S+~ari Fir, 4 yt r~~ . ; to . tip'.: ~t r V _•l pry ~r / .j~ ~ D ..ti~'~'•' ~ 1 , ` a ~t 1.n .r :t'l~f qA Z,1; ` ` ~"tOf1110?It • ' a `v,~ ti Dore Rd ,•~Yr•~~S~RQ'1 % • ~ ~ S -i%ii, ♦ ~ ,►t r- V'f'.YrJJ C^.Ofl dC IRd• • n i U off lf~ r4p 16 Olb If 9. A • ' " r , ■ i 'r' HICKORY LAKE 7rLy'';1 ~r~ 4Ad 'fi'r ~ ' M:i~ ~ !'+`r •Mi6' ~ . ~ ~ tL = Ilk a •++act•. .ak. ttYK Meett 0 7 4, ILLI K' ; bIN J °M7ML! SMALL rmAcTS ~Q y Y. OITA la arts. :/.lk, n ~ p 0 A r'~ • , ~ s ~.+t ti Lb M s~. ¢ O F a1NlEL Artr[ E «'k ' 4. Ac. A x i Y , WEL OOA/ Q(/R600N iiv.J Aa J. i 1. t lb 7 ar 4 ~i. t}; Y, M © - err C. LANiv M vitleale lAw R A•. V W, c I?/Ae Z' 67 At. Al ki NA 4v ,its4. i 0 fT.. AaAt. 13 AA- AAf1 O r~+ N ++r. <tM+'.; j'ML•r`LI r Y ' • N O ..M . t« y Irc r~tYA GG lot fit 1,0 rt.~ Ad, 46L ""Wmftmq~ DATtt 06/0085 CITY COUNCIL REPORT FORMRt TO: mayor and Meubers of the City Council FROM: G. Chris Hartung, City Manager' SUBJEC•t: DISCUSSION OF LETTER OF INQUIRY SUBMITTED BY RESIDEWTS OF THE CITY OF COPPER CANYON CONCERNING POSSIBLE FUTURE ANNEXATION BY THE CITY OF DENTON RECOMMENDATION: No recommendation is required. SU RY: Ms. June Tyler, a resident of Copper Canyon contacted the Planning and Community Development and requested input regarding the City of Denton*s feelings about possible annexation of Copper Canyon, an incorporated municipality with an estimated population of 835. A water supply with a limited life (approximately 10 years according to attached correspondence) is the primary basis of inquiries about annotation. Comments of staff members Ore based on current conditions. BACKGROUND: Ms. Tyler contacted the Planning Community Development Department in late April and was advised that she should submit a letter of explanation detailing the purpose of hsr inquiry. She was extremely interested in information about "the type of toning gives to Ranch Estates when it wa• annexed that allowed the people to keep their horses." PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACT: Please see attached memorandums prepared by members of staff based on current circumstances and conditions. Respect ull sub>1 tt • AA" Pre aced by: G. Chris Hartung City Manager David tl ison Senior Planner Approv d: Jeff Waye D1064tor o ann e and Comunity Development 0895] 1 t~ JUNE TYLER CLIITIF(60 PUBLIC ACCOUNTANT AUMAL ROUTE f, LOT I A MOBIL[ DANK LEWISVILLE, TEXAS 76067 TguirmaNs (6171 46v-ms April 26, 1985 David Ellison Planning and Community Development City of Denton 215 E. McKinney Denton, Texas 76201 Dear Mr, Ellis)nt Thank you for taking the time to talk to me Thursday, April 25, 19135, Enclosed is a map of the area in which I live circled in red.and a map and information on the horse and rider recreation facility on U. S. Army Corps of Engineers land adjacent to the area in which I live. The Bartonville Water Supply Corporation will no longer be able to supply water to this area in ten to twenty years. At that time, the residents of this area will have to annex into a city that can provide water, Would the City of Denton be interested in (1 annexing this area in ten years (B giving this area zoning that will permit the retention of the horse population, Sincerely yours, June Tyler 1' Tr , , ' r M or ' PARK LAKE LEWSISALE ('IAK ~r~t STATE . • PLOT 1 ~ • ` • ..r.~ , , • r PARK ME ?LAKE PARK ' $ cYriv s'•. COPPERAS ' BRANCH W r~ 407 f L WISALE LAKE V PARK N+.r►.~ HEADOWTERS " w 2 LEWISVI JJ1., . r.... congressman Toga Y ndergriffs the U. Sr Army Corps of Engineers and a group of ' North Texas Xorsb owners working together have created an unique' recreation ~facility.for horse and rider. The facility consists of two horse trails ..marked with "Trail" signs and a horse trailer parking lot in the Hickory ',Creek area of Lewisville Lake as indicated on the above map. Horse Trail I is on the south side of Hickory Creek and can be accessed from the Horse Trailer Parking Lot and at the main entrance to Pilot Knoll Park. To access from the Horse Trailer Parking Late look for the low place in the barricade that encloses the ppaarrking lot and have your horse step over it. lease stay on_the Horg_iv%„•id_ in Pilot Kn 1 Po Horses are not permitted in the piioniicl camping or the other developed areas of the park. Horse Trail II is on the north side of Hickory Creek, It can be accessed from the south east corner of the bridge that crosses Hickory Crook on Copper Canyon Read or over a two foot post and rail jump on the south side of FTMR 2181 (Teasley Lane), You will ride through a gravel quarry to access the reniinder of Heree Trail II whop entering from Copper Canyon Road, There is room for parking horse trailers on the aides of Copper Canyon Road and FTMR 2181 (Teasley Lane). Because the Hickory Creek area horse trails are an experiments it would be a good idea if you let the U. S. Army Corps of Engineers know that you use,~.and enjoy the trails. Below are the addresses and telephone numbers of the U. S. Army Corps of Engineers offices, Department of the Any Department of the Army Foist Worth Districts Corps of Engineers Fort Worth District, Corps of Lewisville Project Office Engineers , 1801 No Mill Street Ps Oe Box 17300 Lewievillee Texas ?$06? Fort Worths Texas 76102 214-434.1656 817•334-2150 WyOf DENrON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 5664200 OEMORANDUM TO: JEFF MEYER, DIRECTOR OF PLANNING FROM: R. E. Nelson, Director of Utilities DATE: May 9, 198S RE: Annexation Petition- Vacation Village and Copper Canyon (Reference your memo dated May 2, 1985) The following comments are provided from the Utility Department with regard to Water/Wastewater service in the event of annexation: 1 Vacation Village At present, there is no city water line to Vacation Village. The closest city water line will be about 12,000 feet away when the water line to "The Meadows" Mobile Home Park is completed on East McKinney Street. Estimated cost to construct this 12,000 feet of 8" water line to Vacation Village would be $258,000. Extension of this line by Vacation Village should be a condition of annexation. In order to upgrade the existing substandard waterlines inside of Vacation Village Mobile Home Subdivision, an additional 2000 feet of 6" minimum size would cost $25,000. The existing privately-owned sanitary sewer system does gravitate to a city-owned and operated lift station. This gravity sanitary sewerline is known to be substandard in site and condition. There have been several complaints from occupants of clogged, broken and overflowing sewer manholes. It would take about 2000 feet of 8" sewer main to rehabilitate this system at an estimated cost of $38,000, if the City of Denton should choose to annex Vacation Village, the provision of Appendix A, paragraph 4,10, (D)(8) should apply and reads, "Prior to such acceptance by the City, such water and sewer lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc, If water and sewer lines and facilities are not according to city standards, a per lineal foot ppro rata charge shall be charged to the users of such system(s) for installation of these new facilities (or) will be on _a existingafacilities t oa m et citysstandards, rading or repairing the 36S6U11 Vacation Village/Copper Canyon May 9, 1985 Page 2 The total estimated cost to provide water and sanitary sewer line to city standards which would be essentially a replacement of present systems is $631,000. This assumes Vacation Village extends water service to the area. Costs of internal lines would be charged to property owners of Vacation Village at the pro rata rate of $12.50 per foot for 6" water and $19.00 per foot for 8" sewer lines measured across property frontage times 601. This may change as the pro rata rates change. Copper Canyon At present, there is no knowledge of the condition of the Copper Canyon water and sanitary sewer systems except that they are on wells and septic tanks. In order to serve this area with water and sewer service, at least an 8" water line would have to be constructed for a distance of 79000 feet just to reach the outskirts of Copper Canyon at an estimated cost of $151,000. Extension of water and sewer lines to this area plus the sewer lift station should be a condition of annexation. Closest water and serer services would be at Old Altos Church and Hickory Creek Mobile Home Park. The sanitary sewer line to the outskirts of Copper Canyon would also need to be about >,000 feet of 6" forced main at a cost of $88,000. A lift station will be needed to pump this distance at a cost of $1000000. The internal water lines at Copper Canyon can only be estimated at 3,000 feet of 6" water line for a cost of $38,000. Internal sewer lines in Copper Canyon are estimated at 3,000 feet of 3" size for a cost of $57,000. Total estimated cost to provide water and sanitary sewer service to city standards, which amounts to essentially a replacement of present system, is $959000. The provisions of Appendix A, paragraph 4.100)(8) should apply to annexation. Costs of internal water and sewer lines would be charged to property owners of Copper Canyon at the pro rata rat- of $12.50 per foot for 6" water and $19.00 per foot for 8" sewer lines measured across property frontage times 601. This may change As the pro rata rates change, e. Z. David Ham, Fiji Asst. Dir, of Wtr/WW Utilities APPROVED; Director ofnUtiiiti 3656Us2 14 i Vacation Village/Copper Canyon May 9, 1985 J Page 3 1 The following comments are provided from the Utility Departssnt with regard to Electric service in the event of annexation: In keeping with city policies, we would be obligated to furnish street lighting on all existing dedicated streets upon request; therefore, we will extend electric service into the area, if we can obtain a certificate to do so, parallel to the TPBL lines currently in place. The average cost per lot is estimated to be $800. I 1b, is. _ i o Asst. Dir.of Electric Utilities APPROVED: Z19 'Oo' R. E. e son, F,E Director of Utilities e" CITY 6k bffNr0N, TEX" MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) $66.8200 MEMORANDUM DATE: May 13, 1985 TO: David Ellison, Senior Planner FROM: Jerry Clark, City Engineer SUBJECT: Annexation of Copper Canyon/City of Denton I I The Street/Bridge Division and the Engineering Division of the Public Works Department have the following comments. We visited the City of Copper Canyon on May 10, 1985. To reach the city wf: had to enter from Copper Canyon Road. The road runs acrosF Hickory Creek a short diutance south of Teasley Lane. An old fairly dangerous bridge is the means for crossing but it is elevated above the road at each end. Therefore, it seems that the road could be easily flooded during large rain storms. There seeram to be a fair amount of houses and bull 'ngs alro idy built in the flood plain. Overall, the arr_esF to Dentun seems to be limited. Arg-le, Corinth and Highland Village are very close to Copper C- .,Yon. If their city limits are extended out 1/2 mile to alloy moe- sate growth in our extra territorial jurisdiction, only a narrow strip of Denton ;could connect to this area. The main method of access to the city is Highway 407 which is a very fin* state highway. This runs to Lewisville and Argyle who both seem to have more logical ties to Copper Canyon. Our utility service area division line seems to be a good dividing lin: or s,iuthern boundary for our extra territorial jurisdiction. Some of the roads in the area are very poor but some are in fair shape. However, none are built to Der.':on specifications which means major reconstruction costs. ,t•:aina8e facilities are nonexistent. Only culverts for driveways and bridges for creek crossings are presently used. Development has occurred without drainage improvements for a 30-40% estimate of total land developed. This could also create a future burden on the Ciey of Denton. E `r ► page 2 of 2 gaj eA Several railroad crossings exist on roads. These are a large cost to consider for the future. Possible range of $100,000.- $150,000 per crossing. In conclusion, these items do not support the annexation reques in our opinion. Jerry Clark, E. City Engineer is #0288E r8 J;r ~ } -1.3 vq .,~~9t4•'4ii~y~'.f '..e '4_. ~ iJr xa ti T~" ^ i~ CITY OF DENTON MEMORANDUK TO., David Ellison, Senior Planner FROM: Capt. Glen Smithers, Police Department SUBJECT: Annexation Petitions DATE: May 8, 1985 The Police Department has very serious reservations regarding the annexation of Vacation Village and Copper Canyon. Both these areas are well isolated from the main portion of the City. They would ruquire an increase of personnel and fleet vehicles just to provide patrol coverage. We have no idea of how may calls for police service would be generated from these areas, but we do feel it would be significant. As a rule mobile home parka, such as Vacation Villages generate more calls for police service than other areas due to the density of housing and residents, The coats to provide a continuing level. of service to the City, including these areas, would be approximately $170,000 for additional personnel plus $54,000 for added fleet vehicles for a total of $224,000. Without adding personnel and vehicles our level of service to other parts of the City will decrease causing more citizen complaints about having to wait an excessive amount of time for police service. I hope this information will prove beneficial to you in determining the feasibility of annexing these areas. 91 d" Glen Smithers, Capta n Patrol Div.lsion r~'z ♦yrµ i. i9A r iu. ''i. 1'~ vFi *k 6: ?dal' w i. DATE: 06/04/65 CITY COUNCIL RS PORT FORMAT ~ CJ 1 TO: Mayor and Members of the City Council 1 l1 FROM: 0. Chris Hartung, City Manager SU3JECTS DISCUSSION OF PETITION OF FIELDS, EDWARDS 6 ASSOCIATES REPRESENTING MILLER OF TEXAS FOR VOLUNTARY ANNEXATION OF APPROXIMATELY 304.9 ACRES COMPOSED BY FOUR PARCELS LOCATED NORTH AND SOUTH OF FM 426, EAST AND WES'r OF TRINITY ROAD, AND SOUTH OF HIGHWAY 380E RECOMMENDATION: No recommendation is available at this time. SUMMARY: This petition for voluntary annexation represents further evidence of land sale activity and potential development in the east and northeast region of Denton's extraterritorial jurisdiction. The subject property is located within the boundaries of a 2,000+ acre area extending as far east as Lake Lewisville, which has been targeted as a possible comprehensive annexation at the City of Denton's Initiation. BACKGROUND: All four parcels in this request adjoin or abut at some point a 670 acre stretch of land annexed in 1984 to accommodate a planned 500 unit residential development originally proposed by Mr. R. 0. McDonnell. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: i No existing housing or population is located within the area proposed for annexation. FISCAL IMPACT: Undetermined at this time Respectfully submitted: • Prepared , h i n Jok J. h1a City Manager David Ellison Senior Planner Appr ed: Jeff Meyer Director of Planning and Community Development 1005a Or 00 • :sir'' ,Sy':y;: i TRINITY RD. SWISHER RD. r T 1 M„T,Y,},.TM.^Y.T `l \Y.~; {•~.~yya:'~ . iY~. M~r~l~~~ 'YN.i: AV.:~JJi: i:✓ OF 111 ~ ~ • ~ . ~r•rll ~ :n:~. f~~:• ~ I LtiL~4~: :T' 111 l1. \1 `K: l 44 K ' i. i ~ r ':,1 s y~'. y. r f e y*~r} s S 'rv.+,{ 41 w -Tw • 41 Nil City council minutes may ll, 196S The Council Convened into the regular meeting at 7:00 P.M. In the Council Clambers. PRESENT: Adamsie wldd Mayor P 0 Tea Ho nsns-, Council Members Mc ABSENT; Council Member Alford was out of town CcLnril Member Chew 7:00 P.M. 1. The Council considered approval of the Minutes of the Regular Meeting of April 16, 198S and the Special Called Meeting of April 23, 1985. Rlddlesperger motion, McAdams second to approve the Minutes as presented. Motion carried unanimously. The Mayor then presented Resolutions of Appreciation for the "Day in the Life of American Cities" yhotograph contest wir.ners Dane W. Bass Harold Ivey, Lindsay Stribling, Phil Thompson, Ann Weatherall, and d. Dewe. The following resolution(s) were presented: RESOLUTION IN APPkECIATION WHEREAS, "A Day in the Life of American Cities" is a national contest sponsored by the U. S. Conference of Mayors and sponsored locally by the Denton Parks and Recreation Department; and WHEREAS, Donna Bagby, chief photographer of the Denton Record-Chronicle; Emily Cuninghom, owner of Cunningham Studio; and Brent Phelps Ph.D., Professor of Fine Arts at North Texas State University judged the photographs submitted; and WHEREAS, Is a merit winner and will have hit work displayed in the Visual Arts Center and his photograph will be recommended for inclusion in the Center's permanent collection; and WHEREAS, will have his photograph submitted as an entry in the national contest and be eligible for inclusion in the book, "A Day in the Life of American Cities;" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXA!; that the sincere and ware appreciation of the City Council be formally conveyed to Mr. Dane W. Bass in a permanent manner by spreading this Resolution upon the official Minutes of the City Council and forwarding to his a true copy hereof. PASSED AND APPROVED this the 14th day of May, 1985. CITY OF DENTON, TEXAS ATTEST: TT-SECKLIARY CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: DMA ADAMI DR=TCHj CITY ATTORNEY CITY OF DENTONO Tf1•J1S p .f. '1 try '~w.e z ~ t , , r n CItYy of Denton City Council` Minutes Meeting of May 14, 1915 Page Two RiddIas perger motion, Hopkins second that the resolutions Va approved, On roll call vote, McAdams "aye", Hopkins "►ya to Stephens Faye 11 Riddlesperger "aye," and Mayor Stewart "aye." Motion carried unantsously. 2. The Council considered approval of a resolution approving an agreement between the City of Denton and North Texas State University for solid waste collection a,.d disposal services. Bill An elo, Assistant Director of Public Works, reported that NTSU had decided to get out of the solid waste business. The city had submitted a bid and was the low bidder. Notificatirn had been received of the intent to award the bid. Another vehicle would have to be purchased and 2 additional employees added to handle this route. The total cost was covered. Council Member Hopkins asked if this would give the city additional refuse handling capability. Angelo responded yes; the approval of this agreement would necessitate the purchase of a front loading refuse truck which could be used for routes other than just NTSU. The following resolution was presented: R E S O L U T I O N WHEREAS, the City of Denton owns a solid waste disposal service; and WHEREAS, North Texas State University and the City of Denton are desirous to entering into an agreement for solid waste disposal service; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: SECTION I. The agreement for solid waste disposal service between the City of Denton and North Texas State University, attached hereto and incorporated herein by reference, is hereby approved, SECTION II. The Mayor is hereby authorised to execute the attached agreement on behalf of the City. SECTION III. This Resolution shall be effective immediately upon its passage and approval, PASSED AND APPROVED THIS THE 14th day of May, 1985. RICHARD 0. STEWART MAIW CITY OF DENTON, MAS ATTEST: CHARLOTTE ALLEN, C.IT1 SEClUTAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CIT! OF DENTON, TEXAS Sys r i I," IR .V. ~ ~ .3 ce T- City of Denton City Council Minutes Meetin of May 141 1965 Pare Tree Hopkins motion, McAdams second that the resolution be approved On roll call vote, McAdams aye, Hopkins aye, Stephens aye, Riddlesperger "aye," and Mayor Stewart "aye." Motion carried unanimously. 3. Consent Agendas Item 3.A.1 (Bid 1 9431A) was removed from the Consent Agenda by staff. thedexception of Didkln4a31A. Notionpcarried unanimously Agenda with A. Bids and Purchase Orders; RD40VED BY STAFF 1. Bid 1 9431A - Modular furniture panels 2. Bid 1 9441 - Distribution transformers 3. Bid f 9442 Trailers 4. Bid 1 9443 Front load refuse truck S. Bid 1 9444 - Flail mower and tractor 6. Bid 6 9446 Traffic control cabinets 7. Bid 1 9446 - Westgate Heights participa- tion 6. Bid 1 9449 hire, cutouts and pedestals 9. Bid 1 9451 Remote terminal unittalarms event printer 10. Bid 1 9452 Electrical terminators 11. Bid 1 94SS Water and sewer supplies 12. Bid 1 9456 - Painting of trucks an4 trailers 13. Bid 1 9456 - Line puller tensioner 14. Purchase Order 1 66974 to BoTi-Warner Air Conditioning in the amount of $6,791.66 IS. Purchase Order 1 67776 to Bittercreek Construction in the amount of $6,500.00 16. Purchase Order 1 67923 to Trans Tex Supply Company in the amount of $1,251.00 17. Purchase Order 1 6709 to Watson Distributing in the amount of $4,23S,S9 B. Plats and Replatss 1. Approval of final replat of the Bellaire Heights Phase one Addition, Lot 160 Block C. (The Plannin and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Johnson Addition, Lot It Block 1. (The Planning and Zoning Commission recommends approval,) City of Denton city council minutes Pi4einguof May U, 1965 pp 3. tnerNorthiide Addition. Lotsf6-1s,rBlock of (The Planning and zoning Commission recommends approval.) OE Wg eplat 4. she M al '0 a eleri Adyy dition,fiLot 7A Bl ock 1. (The Planning and Zoning Commission recommends approval.) s. Approval of preliminary and final replat of the Mimbleton Village Addition, Phase IV, Tract AA, Lot 1 Block recomme. nds (Tha and Zoning 4. The Council made a presentation of awards from the Texas Safety Association to City of Denton departments. Mayor Stewart presented the following awardsi Award of Merit to the Library - accepted by ,ioella Orr Award of Merit to the Parks Department accepted by Bob Ticknor Award of Merit to the Police Department - accepted by Hugh Lynch Award of Merit to the Electric Production Division - accepted by Tom Chastain Award of Merit ttottheSWater end rSewer Department by acceptedaaeby Bob Nelson Council Member Chew joined the meeting Award and plaque for the City of Denton - accepted by Chris Hartung S. The Council received a presentation by the Chamber of Commerce Convention and Visitors Bureau of their proposed budget and plan for the new year. Bureau Mr. Tommy Caruthers reported that the Dinton Convention and Visitors introduced the Directors of the Chamber who were present at the meeting. Mr. Caruthers stated that this had been the best year the Bureau bid ever had and predicted that next year would be even better. A new staff member had been added. A tour bus program had to succeedl,ealready shad had proadgram stops been take 2m Doe 3e ye and while Citye Council in the pickthe ets whlcoh werebud tstributeden provided to the Council Member Hopkins voiced his appreciation to the Bureau for the work which they had done. yy Mayor iStewart and aConvention dded his compliments to the Chamber of Commerce and the 6. The Council received a presentation by the Chamber of Commerce on the Leadership Denton Program. Mr. Ricky Grunden, Chairperson of the Leadership Denton Progreso thanks the Council on behalf of the committee for the opportunity to speak The purpose of the pcogram was to find people to fit into the process of Community efforts, to identify and motivate thesl and to inforc the Artlcipants the Denton so history andlpotential. Council Hember Chew stated that he felt this was a very fine program and would be an asset to the community. Chambe=~irproving all otime l and t the stated City f Denton dependedf oft Commerce the •.~r y,t n 1. 1 ~ls :SPY x~t 1 is 1, .y p.~ 1 p N~ N City of Denton City Council Minutes Meeting, of MAY 14, 1985 Page Firo 7, The Council was to consider approval of use of Mack Park with fees waived for a softball tournament with all profits to go to the Fred Moore Scholarship Fund. As Mr. Williams was not present, this item was passed until later in the agenda. 8. The Council considered approval of a request to hang a banner across Avenue E to welcome students to NTSU. Riddlesperger motion, McAdams second to approve the request to hang a banner across Avenue E to welcome students to NTSU. Motion carried unanimously. 9. Public Hearings: A. The Council considered the petition of Ana Rocca Pena requesting a change in toning from the agricultural (A) classification to the planned development (PD) district on a 14.06 acre tract located aloe the east sidd of Riney Road, adjacent and south of U.S. Highway 77, and north of Windsor Drive, at a point beginning approximately 220 feet east of the intersection of Riney Road and Windsor Drive. If approved, the planned development will permit the following land uses: $1 sin Is family detached lots on 10.6 acres with a density of 2.9 units per acre (minimum 89000 square foot lots) An 80 unit retirement center on 3.5 acres with a density of 22.9 units per acre. 1-1730 The Mayor opened the public hearing. Mr. Greg Edwards, Field, Edwards and Associates representing the petitioner, spoke In favor of the petition stating that this tract had been before the Council on 2 previous occasions and had been denied due to problems with traffic and neighborhood bufferl4ag. Ms. Pena had approached his firm with the idea of buffering the existing residences with single family units and proposing a retirement center. His fire had felt that this proposal would solve the traffic problems and the buffering problems which had been addressed before. This plan had been taken to the neighborhood and with their help and consideration, had arrived at a plan which provided adequate sited lots, discussed traffic patterns and types of structures. This proposal had then be taken to the Planning and Zoning Commission. The petitioner did have one change which she would like for the Council to consider. Condition 11 did present the potential to tie the developmont down more than they felt would give them the amount of freedom to arrive at the best possible solution to the problem. The idea was to phase construction and in the last sentence of Condition 12 stated that the "actual cul-de-sac must be installed when initial development occurs." They were asking that the Council revise this to state that phasing of IN provements would be determined in the preliminary plat process. This would send to whole picture back to the P11 when they review the preliminary plat and they could then get their idea on the entire proposal to send back to the Council. The petitioner was not trying to get out of installing the cut-ae-sae first if that was what the neighborhood felt was the best phasing of the development but would like to have that freedom to bring to the Council the best possible plan. Coun:il Member Chew asked if the development was going to be done In 2 phases. Edwards stated that was what was planned. r w Kf e4'T~r '-u a tl J r tJ s a. J. x; , p"',t 4 ~ =1'q 42 ~5'f ~ .r Y.. „w r tl,1 r k 9 Ri I~ '.f :n r ~ .4_ ~ 4r1 r ` a ~lf, g r : Cityy of Denton city counciVminutes WeetLas of May 141 1985 Page Six Council Member Chew stated that what the petitioner was actually requestin was that Condition 12 regarding the cul-de-sac to roved to Phase 1. Edwards responded no; Phase 1 might be the idoal place for the cul-de-sac. The petitioner would just like for the PAZ to review that durint the preliminary plattin process and make their recommendation whether they felt it wou~d affect Phase 1 or Phase 2 tnstesd of locking it into Phase 1. Mayor Stewart asked if Mr. Edwards was only speaking of Condition 12. Edwards stated that was correct. As. Ana Rocca Pena, the petitioner, spoke in favor stating that she was the sole owner of this 14 acres. The neighbors were in agreement with the concept and riled that the Council allow her to develop the property in 2 phases. Mr. Ralph Morrison, 716 Northridge, spoke in opposition stating that he represented a concerned group of howsowners in this area. They had held S meetings on this proposel, Ms. Pena had called these meetings and presented to them a )Ian which, at that time, the neighbors approved 1001. At the las. meeting she IId asked them to support her in not opening up the niw road into Highway 77. They felt thet the additional traffic wouli justif the new road. Riney Road was a very dangerous road with a blind curve and with this development, there was no doubt in 'he residents minds that they would be in jeopardy. They opposed thi prolonged delayed opening of this road but did not object to the phising of the development. Ms. Pena had come to them and proposed to tpen the road; however, at the last sooting she had asked the neighbors to support her to not open the road at this time. The neighbors felt the basics should be addressed now and that was to open th+ road to eliminate the bad curve, The neighbors had left th, last meeting with the understanding that they would not suppott her, that the Pit did not support :der and were appearing before th, Council to emphasize their position. The YMCA development would itcrease the traffic In the area, Also this plan included a curb cit on Windsor Street which they had understood would not be permitted. The neighbors were asking that these items be decided before ;he petition was approved, Council Member Riddlesperger asked if Mr. Morrison saying no curb cuts on Windsor and that the residents wtnted the opening of the road in the first phase. Morrison stated that the residents wanted :he opening in the first pphhase because the construction workers going In and out would increase the traffic and the liability on th,t street. Council Member Riddlesperger asked if that was the only opposition that they had. Morrison stated that the resident's approved if the housing and the retirement hose, Council Member McAdams stated that she wit confused and asked exactly what it was that the neighborhood wanted opened. One of the conditions in the request was for a cul•de-sa Were the residents saying that they did not want the cul-de-sac. Morrison referred to the map on the overheah projections stating that the red marks on the map indicated the straightening out of Riney goad. This was the ppooint of the blind curve. Ms. Pena had told them that this would be done first, Now she was saying that this would be accomplished in Phase 2. The neighborhood did not approve of this. Mayor Steuart stated that the cul-de-sac referied to the old Riney load, .~~F h ♦ri ; ~ v ..ri ~t~ ~w r ~ i 3,'.u'. 01 r. tiara.. ~F rt ;,~W # ,Y t Mli' city of Menton City Council minutes meeting of May 14, 1985 Page Seven Morrison pointed to the cul-de-sac which came off the new road and to the cul-de-sac which would come off of old Riney Road. When completed, there would be 2 cul-de-sacs. At the last meeting, Ms. Pont was advised that the neighborhood did not approve the development until she opened up the road. She had originally agreed to do this. Ms. Beverly Cottle, spoke in opposition, stating that the neighbors had met with Ms. Pena and still felt that the new road should be opened. It the area to the south was developed before the new road was oen, all traffic would have to travel either on Riney or Northrpidge. it had been the understanding that the opening of the road would the first thing that Ms. Pena would do. The only opposition was to the road. The Mayor allowed Mr. Edwards S times for rebuttal. Mr. Edwards stated regarding the curb cut on Windsor Drive, the City Engineer htd advised his fire that they would not be allowed a curb cut on Windsor Drive. Lot 1 did have frontage on Windsor to meet the subdivision rules and regulations. On Lot 2 there was a 20 feet private access easement off of Riney Road to give access to Lots i and 3 and that easement was part of Lot 3 to et the frontage of the lot on a public road. Concerning the extension of Riney Road, the conditions recommended by the P{i did not necessarily address that Riney Road be put all the way through. If Condition 1k concerning the cul-de-sac was revised to the wording which he had suggested, the PAZ and the neighborhood could have Input at the preliminary plst process to resolve the problem and could come back to the Council with the united support of the neighborhood. Council Member Riddlesperger asked if Mr. Edwards was asking the Council to refer the petition back to the P42 for action. Edwards responded no; If the Council revised the last sentence of Condition 12 as per his recommendation, the Pit would review this and made a recommendation back to the Council during the preliminary plat process. Council Member McAdams asked what exactly was the change which Mr. Edwards wanted to make the the Pit condition. Edwards responded the change would be to the last sentence to read "phasing of improvements to be determined in the preliminary plat process." Tney were requesting the installation of the cul-de-sac be reviewed during the preliminary plat process after the phasing had been proposed to the M. Council Member Riddlesperger stated that the P32 had said very Slainly that the cul-de-sac rust be installed when the initial evelopment occurred. Mr. Edward and his client apparently had agreed to that and it seemed that the request to have this changed at this point would indicate a change in their attitude. Edwards stated that it was his understanding that City Engineer Jerry Clark had prepared the wordin for the condition after the meet He was not sure that the Pit had said that the petitioner had to nstall the cul-de-sac during the first phase. Council Member McAdams asked if the petitioner was asking for a delay; why did they want to do this during the platting process. Edwards responded that if allowed to look at the cul-de-sac during the ylatting process, his firm could go back and meet with the nei h4orhood and let a plan together to take back to PAZ. This plan could then be discussed with an eye to resolve all problems prior to coming back to the Council. ti t "xa b {...er 7. v ,f 5 ` , ( a. ''F z 4 '~;'l r <j a. s' ;+iw77^}?'t.r 9'c g 04 d, F !A10 City of Denton City Council Minutes Meetingy of May 11, 1915 Page El;ht Council Meaber HeAdams stated that it may have been more appropriate to delay the request. Mayor Pro Tea Hopkins stated that this was a$ request for a planned development and the petitioner would have to go back into the preliminary plat process on the PD. Mr. Edwards was asking that this issue be reviewed during the PD platting process. Council Member Riddlesperger askel that r~uld be done without changing the request. In effect, he did not see any reason to chance the condition if the petitioner was going to take care of the cul~.e-sac during the platting process anyway. Council Member Stephen stated that there was the possibility of delaying something until Phase 2. Edwards responded that if a workable solution was found to satisfy everyone's concerns and Condition 12 was not reworded, the cul-de-sac would still have to be constructed in Phase 1. Council Member Stephens asked if the cul-de-sac on existing Riney Road were delayed until Phase 2s that would mean that there would be considerable building going on as wer.1 as the associated traffic. This traffic would have to use the 15 degree angle on existing Riney to access Highway 776 This appeared to present a considerable traffic hazard. What if the property were sold during the development? Who would get the surprise that they had to build a new street? Edwards responded that with the PD toning, it should not be a surprise to new owners. He and City Engineer Clark had discussed and somewhat agreed that if the residential portion of the proposal were developed first, the major traffic flow would be on south Riney Road. Council Member Stephens asked about traffic to the north and asked if Edwards did not think this would be quite a traffic hazard. It appeared to him to be a serious consideratior.. Mayor Pro Hopkins asked what Mr. Edwards was opposed to +ilding Riney Road on out at this time when it appeared that that wauld be the safest way from a developr~ent standpoint. Edwards stated that there were several economical issues in the phasing of the project. If the road were built ail the way ti:rough in the first phase, it would add to the first phase development coat and initial financing. Also there were some existing reucal property structures which would have to be destroyed in tha first phase on which Ms. Pena would lose revenues. Mayor Pro Teo Hopkins stated that he could understand the phasing of the project but did not understanding not building the roads in the beginning of development. Edwards stated that during preliminary platting, the petitioner would have to show that adequate access to tie addition was provided. The intent of the request to change Condition 12 was to allow the petitioner and the neighborhood to try to reach an agreement on the timing of the putting in of the road. Council Member McAdams stated the neighbors had attended meetings where they understood that they had been told that the road would be put through. This condition was in the P42 recommendation. Now in effect what was being asked was to put that on hold so that the neighborhood still would not know what they were join to get until the platting process. They would then have to come back again and state their objections. it seemed in fairness thin would have been worked out at that point instead of coring back now with a delay. Z o YidR T... E er,~ " `S fti r V ':t'7YY o tC W y a ,w ~ ..z t FH 91 t 1-1 Cityy of Denton City Council Minutes Meetin of May 140 1985 Page Nlne Mayor Stewart asked Mr. Edwards if he would be in favor of jeopardizing the whole project for this one condition. Edwards stated no; he had not attended all of the meetings with the neighbors. It had been mentioned to the neighbors that the plan was to phase the development, if it was it concern that the street. o through all the way in the initial phase, he had missed it. He elt this could be resolved in the preliminary plat process and hoped that the Council would allow the petitioner that option. Council Member McAieas stated that it seemed that the only reason to delay this particular issue and defer it to the preliminary plat stage was if it was a serious consideration to not require the street to be completed through to Highway 77. If the Council felt the need to require the street in the first place, she saw absolutely no reason to dttay it. Mayor Stewart asked again if Mr. Edwards would be in favor of delaying the entire development for this single issue. Mr. Edwards requested a moment to check with his client, the owner. Mr. Edwards stated that his client would rather have the petition tabled rather than putting the street completely through with the first phase as a condition of the planned levelopment. Hopkins +motion, McAdams second to table the ,etition. Council Member Chew asked for what length of time was the petitiot being tabled. Mayor Stewart then stated that the public hearing was not completed. The Mayor closed the public hearing. Deniso Spivey, Development Review Planner, asked in light of the current circumstah<esI did the Council wanted a complete report of the analysts or just for her to respond to any questions which they Might have. Mayor Stewart stated that the Council had several choicest approve the petition with the amendment recomaerded by Mr, Edwards approve the petition was presented table the petition Council Member McAdams asked, from a legal point, if the petition was approved as presented, did the petitioner come back with an amendment to the planned development or would they have to start over, Debra Drayovitch, City Attorney, reported that perhaps it was more appropriate to consider the motion to table. Was there a necessity to continue to the public hearing to receive additional input. Mayor Stewart stated that the public hearing was completed, if the petition was tabled, it would be referred back to staff for a recommendation. Council Member Riddlesperger asked if an ordi•anee were adopted accepting the planted development petition was written, it seemed that it gave the people to go ahead and do what they had agreed to do and to fulfill the plan, if tabled, it simply would mean another hearing. Council Member Stephens stated that this had bean going on for a considerable amount of ties and it seeded that both parties had entered into the presented agreement in good faith and was approved by the P41 by a unanimous vote. , IT m.F ~1, f rzfm n.., f w~^; n1 ±w~ a?-'x yU~x~~i P~ 4 4 77 ,N ' r 9. t e ° 7 ~ ~ p. ~ h t ~ F S ♦ !.i rt ~ x City of Denton City Council Minutes Meeting of May 14, 1985 Page Ten Stehens motion, McAdams second r approve z-1730 with the recommendations as submitted by unani:ous vote of the Planning and zoning Commission. Notion carried unanimously. 8. The Council considered the petition of Ali Al-Khafaji requesting a variance of Article 4.15 of the City of Denton Subdivision and Land Development Regulations with respect to drainage requirements. This tract is 1.075 acres located on the west side of Duncan Street between Smith Street and Dallas Drive. The tract is described as Lot 1, Block 1, of the Al-Khafaji Addition and shown in the S. C. Hirams Survey, Abstract 616. The property is zoned commercial (C). Y14 The Mayor opened the public hearing. Mr. Greg Edwards, Fields, Edwards and Associates representing the petitioner, spoke in favor stating that this was a difficult piece of property to deal with. It had been through the platting process and had had some drainage facilities required. His firm had tried to Flo an adequate design to address the city staff recommendations on the tract. A design had been formulated and Mr. A1-Khafaji had obtained cost estimates. The off-site improvements which were required due to the inadequate facilities under Duncan Street were cost prohibitive. An request for variance had been made to the P{g• the Commission was informed that if the petition did not meet all of the items in the variance request, they had no perogative but to recommend denial. At the time this went to the Pig, the 8 items were very given to interpretation in his mind. The first of the $ items concerned the master plan of the cit . Granting tae variance of not requiring drainage facilities for this tract, would not prohibit in any way implementation of the city's master drainage plan. The owner could attest to the financial hardships in this case. This variance would in no way prohibit orderly development. Mr. Al-Khafaji had granted easements on the tract prior to platting so as to have his neighbors gain access to the sewer facilities. Adequate easements were provided so ths.t orderly development would not be prohibited. It was Mr. Edwst.s's understanding that the spirit of the drainage ordinance was to protect existing and proposed structures from being flooded. He felt the proposal in no way posed a drainage hazard to any one. The proposed development would have structure would be raised high enough off the road; this had never been questioned as a flood Lazard problem. There were some drainage problems in this area. The petitioner wished to develop 1 acre. The master drainage plan had approximately S00 acres in this entire drainage basin. The development would increase the flow by 1 CFS; the master drainage plan called for a flow of 623 cubic feet per second through this area. That additional 1 CFS was beyond the accuracy of their calculations. He did not fool that anyone would be able to measure the difference in water surface elevation at a point downstream to this development. Normally when requests for 1 lot subdivisions have bean submitted on existing streets, drainage improvements wherever there are substandard drainage facilities, his firm had not been required to make drainage improvements. This was the only 1 lot subdivision on on existing street that he knew of that required drainage requirements. Moat of the properties on Woodrow Lane and Dallas Drive were either already developed or platted. This would be the only one which would have to have a substandard cost for drainage improvements applied upon it. The hardship requirement for the variance was act by the inadequate structures to handle the flow on Duncan Street. Inlets to pick up the flow on the west side of Duncan Street were not provided when the street was installed. If it was not for this, the channel could be installed at a very minimal cost. The last hardship was not caused by the owner; he did not design or install Duncan street. Mr. Edwards stated that he felt that this request met all 8 critieria for a variance. .t ,'P. •-,v~ r-0. l~~r ya Y a* i:~, j.J iti i k. as i, K, ~ ;v: tt ~ih x4 +'ii p r i a City of Denton City Council Minutes Meeting of May 14, 1985 Page Eleven Mr. All Al-Khafaji, 623 East University Drive and the owner of the lot, spoke in favor of the petition. Mr. Al-Khafaji stated that he did not want to develop the lot; it was for sale. A small manufacturer from California was supposed to buy but was scared away because someone at the City of Denton told him it would take $1809000 to improve the lot. He decided to develop instead of continuing to just pay taxes. The contractor had platted the property. The staff had then asked how such water flow would be added. Channel had been dug and the weeds had been cleared. He had then be instructed to change the fill dirt and had done so. The City had then required a letter from the engineer to verify that this lot had been filled. He had now come to the conclusion that they were doing public work. The City had miscalculated in the early 1970's when drainage facilities had b.^.on installed. Ye did not want to clean up someone else's mistake which was not even in front of his property. Mr. Mike Estabon, consulting engineer and surveyor, spoke in favor of the petition stating that the area was very small, only l acre with a flow of 1.4 CFS. The flow was away from the property. it was his opinion that the culvert was undersized and should be corrected by the city. It was not his client's responsibility. The contribution to the run off would be small. Mr. A1-Khafaji was dedicating a 4S feet easement. Mr. Robert Mason, 1014 Edinburg Line, spoke in favor of the petition stating that he had found Mr. Al-Khafa i to be fair in dealing with the neighbors. Mr. Mason stated that a would like for the Council to give favorable consideration to the request. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that 4 reply forms had been mailed with 0 returned. She distributed a memorandum from City Engineer Jerry Clark which had been given to the PAZ concerning the variance. Mr. A1-Khafaji had a final plat approved in IS84 at which time he had agreed to the drainage improvements on the property. In March, 1985 a variance was granted to the Bell Addition located to the north of this tract. The property in question, the Bell Addition, was as redevelopmant of an existing lot of record. Mr. Al-Khafaji drainage problem was one that the staff and PAZ considered a very important issue. There was a drainage problem in this area and several developers to the south had given the city either easements or had improved the drainage. The PAZ examined the 8 conditions for a variance listed in the subdivision rules and regulations and concluded that 7 of the 8 were not met. The regulations state that all 8 conditions must be met before a variance could be granted. Council Member McAdams stated that she appreciated the owner's concern regarding cost; however, there were a number of tracts of land which one could choose to purchase whith would be expensive to develop due to problems which were inherent with the property. If this piece of property was carved off of another tract and p;jrchased as it was, if , the property owner did not do the drainage development, that. the problem returned to the City and all of the citizens would have to pay, This did not seem fair as the citizens did not benefit from the profit of the property. McAdams motion, Chew second to deny the request for a variance. Motion carried S to 1 with Council Member Hopkins casting the "nay" vote. C. The Council considered the petition of J. P. Haygood requesting a variance of Articles 4.03 and 4.1S of the City of Denton Subdlvislbn and Land Development Regulations requirin perimeter street and drainage improvements. This tract is 10.09 t * yr '~"u~$; ,1 f Y• . V, ~ ~ a g: i t 7 i 4 h' p r s / . V ~e ~ 'iH S t?~ ~2. i I rCity of Denton City Council Minutes Meetin$ of May 110 1985 Page Twelve acres located at the northwest corner of Bonnie Brae Street and Payne Drive. The tract is described as Block 1, Lot 11 of the Life Tabernacle Addition and shown in the Francis Batson Survey, Abstract 13. The property is zoned agricultural (A) and the development of a church is anticipated. Y-15 The mayor opened the public hearing. Mr. Paul Haygood, Pastor of Life Tabernacle, spoke in favor stating that this was an unusual situation. When the church approached in the city with their proposal in 1979, they set with various officials and were informed that there was a flood plain problem at this particular location. However, all indications were that this could be altered with a new survey and study. Mr. Edwards, who was the City Engineer in 1979, had informed his that the property could be taken out of the flood plain if the property had inadvertently been placed there but it would be a lengthy and expensive process. During the process of having the property removed from the flood plain, the city had adopted new subdivision rules and regulations. Under these new regulations, the church was considered as a developer and tens of thousands of dollars would be required for improvements. Mr. Haygood stated that he had held lengthy discussions with the Corps of Engineers and FEMA and had found that the dilemma was not of the church's own making but due to inadequate information which was given to the Corps of Engineers at the time the federal fill and drain plan to develop North Lakes perk was in process. This was the reason the property was listed in the flood plain. The problem. was due to clerical errors and he did not feel his church should have to suffer the end result of the mistakes which were made. The church was petitioning a variance which would r them back under the old rules and regulations. The property was the flood plain on paper but in actuality it was not. While the church was in due process to have the error changed, the City adopted the new rules and regulations. Council Member Riddlesperger asked if the flood was not a danger. Haygood responded that was correct. Council Member Riddlesperger then asked if that was the only variance the church was requesting. Haygood replied no; the church was also requesting a variance on perimeter paving, curb and ?uttering and sidewalks. When he had asked regarding this in 1979, he had been informed that since this was an existing tract, it would not be necessary to plat the property and the regulations would not be applicable to them. They were not subdividing the tract. Under the old ruling, it was not required to plat or to make perimeter improvements. They would, however, have to have the property removed from the flood plain. By the time the property was removed from the flood plain, the regulations had changed, They were requesting to be allowed to build the church under the initial agreement. Without the variance, they would not be able to build the church. Council Member Stephens asked if Mr. Haygood's statement was that his group had met in good faith all of the requirements which had been laid down to them when they first made the inquiries. The variance, if granted, would not negatively impact any development below the church site as far as drainage was concerned. Haygood stated yes. Mr. Ji■ Engelbrecht, 230S Nortb Lakes Trail, spoke in opposition statin that he was only making a comment and was not necessarily oppose to the variance, The only concern the nel hbors had was that Bonnie Brae was extensively used as access to It eif homes and the fear was the setting of a precedent, Bonnie Brae 'war basically undeveloped from University Drive to Highway 77 and the neighbors i c a •:f s. ~ ~ ,hrr _ e by v ,dy+ ry r ~ City of Denton city council Mieutes meeting of may 11, 1965 Page Thirteen were concerned that the granting of this varlaace would open to door to other in the future to request the same for drainage and street improvements. The Mayor allowed Mr. Haygood S minutes to speak in rebuttal. Mr. Haygood stated that this was a unique situation and the church had been working for S to 6 years while no other developer had. The precedent had been set when Mr. Smith had requested a variance for his home. The P8Z did not rule Mr. Smith as a developer as this was his personal home. The church was a spiritual home for the congre- gation and would not be a subdivision. The Mayor closed the public hearing, Cecile Carson, Urban Planner, reported that / reply forms were mailed with 1 returned in favor and 0 in opposition. Mr. Haygood was requesting a variance for two articles of the subdivision rules and regulations - drainage and perimeter paving. The City of Denton had required perimeter street aving since 1979 and the master drainage plan had been in effect' since 1971. Drainage improvements and perimeter paving were included in PD-86 which was adjacent to the church property. That PD included perimeter street paving on both Bonnie Brae and Payne Drive. The drainage easement on the Life Tabernacle Addition was located on the southwest corner. The En ineerin Department felt that it was a very i■portent area in wh ch drainage Improvements should be made. if ti.e Improvements were not made, the City would be responsible to make them both on Bonnie Brae and Payne Drive as well as the drainage improvements on Payne Drive. The word "developer" meant anyone using land and develoying on land for An- purpose and the subdivision rules and regulations did apply. The preliminary plat had been approved conditionally by the Pit that the drainage and paving improvements would be made. The P81 recommended denial of the variance as !t tailed to meet 7 of the B conditions listed In the regulations. All 8 must be met in order for a variance to be granted. Mayor Stewart asked if the fact that the property was not in the flood plain did not alter the fact that drainage control was needed in this area. Carson responded that there was an easement, The flood plain was moved when North Lakes was builtl however, there was still a drainage system across the property line from the north across the southwest corner. Council Member Riddlesperger asked what would be required. Carson replied that a culvert would have to be built on Payne improvements were drainage neessary easement to iswas ure located e water would pf low rthyy rough Via easement. Mayor Pro Tem Hopkins asked Ms. Carson to show the lot on the overhead projection. Carson further stated that perimeter street paving would be required on Bonnie Brae and Payne Drive. Mayor Pro Teo Hopkins Asked if the paving could be b,nded. Carson responded yes= payment could be postponed through an escrow account so as to be done at a later date. Mayor Stewart asked If the variance was granted, would It affect other developers, • E : "k, ~ , a ~ ,art ! r ~ .y p ti t, t a ' 9., I x a 'v5 s ti •M g ~ x i i'' ~ r City of Denton City Council minutes Meeting of Hay 110 1965 Page Fourteen Carson responded yes; developers to the south would be affected by drainage from this location. There was an approved development for single family, multi-family and neighborhood services at the corner of Payne and Bonnie Brae. Mayor Stewart asked if the drainage improvements were not made, it would affect those developments downstream. Carson replied yes; that was the opinion of the staff. Mayor Stewart then asked about the paving. Carson responded this was the same type of situation. Tbi other developers had been required to do perimeter paving. Mr. Haygood had stated that Mr. Smith, to the north, had not been required to be perimeter paving. They were on an extremely large tract of property and would to construct l house which was not in the flood plain. The P6E did in that instance, grant a variance. However, the P&E and Council did require perimeter paving on the property south of the Life Tabernacle Addition. Council Member Riddlesperger asked if the drainage improvements required by the church would benefit other developers also. Carson responded that if no improvements were made, a drainage problem will exist which might result in flooding. Council Member Riddlesperger then asked if those who develop the property above this tract would be getting the benefit of the church's drainage. Carson replied that the property was currently toned agricultural. They would be :equired to make drainage improvements to their property as well if developed. Council Member Riddlesperger stated that it seemed that if the culvert were installed under Payne Drive that it would benefit future developers. Carson responded that it would benefit them to the extent that there would be an adequte flow of water. Council Member Riddlesperger then asked if future developers could be required to reimburse the church. Carson replied that the Engineering Department dealt with the drainage question. She did not feel there would be an interest from a staff point of view to enter into an agreement on this case as this property would be creating the drainage problem at that site. Tne property itself was going to require drainage improvements. The other developers would have a different type of drainage problem because it was not located adjacent to a street which would require a culvert. City Manager Chris Hartung reported that the principle of the drainage policy was that the property owner who was developing had to take care of the water which flowed through his property. The developer was required to handle the water which came through. Engineering computations were done to determine whit site channels were required to handle the flow through the property and this must be provided for in the development. Council Member Ray Stephens stated that plans and interpretations change with people and Institutions from time to time. The city had made a commitment to this group and after the commitment was made, the regulations changes. He felt that the city had an obligation to honor the original agreements City of Denton City Council Minutes Meetin of May 140 1965 Page Fhteen Carson reported that the staff would like to point out that the j regulations requiring platting had changed; however, the regulations requiring drainage improvements and perimeter paving were in effect prior to Mr. Haygood asking for development at this site. Council Member Chew asked if those requirements had not changed and had been intact all the while. Carson responded that, as she was informed, the regulations requiring perimeter street paving and drainage improvements had been in effect. Staff did not require platting when Mr. Haygood requested a building permit. Council Member McAdams stated that she was very concerned about the use of the word "commitment." The Council was bound to treat all people alike whether they happened to represent a church or not unless the ordinance was amended to specifically exclude religious or anitations. A number of people owned property S to to Years ato an~ made inquiries about what the rules were at that time. The giving of that information in no way binds the city to those regQulations in the future. Mr. Hay ood was given accurate information at the time he inquired. Ste was sympathetic to the church but the fact remained that someone would have to pay. If the Council wanted to exclude churches from certain regulations, it should be in the ordinance. Council Member Chew stated that his heart went out to Mr. Haygood but the rules had to be the same for all. Council Member Stephens stated that it would take 6 out of 7 votes to deny the request and only 6 Council Members present. Council Member Chew stated that a simple majority vote was required as this was not a toning request. Rick Svehla, Assistant City Manager, reported that the ordinance requiring drainage improvements and perimeter paving were in effect prior to the church's development. He was not quite sure about the requirements for perimeter paving but the drainage improvement would have been required. Staff gave out information every day. In 19790 if the property was not required to be platted, staff would have said that. Stephens notion, Hopkins second to approve the variance V-1S. Council Member McAdams stated that her heart went out to the congregation but she had a strong sense of fair play. Rules should be applied equally. Mayor Stewart stated that he felt every organization had to pay its owl way. Motion to approve failed by a vote of ) to S with Council Members McAdams, Chew and Mayor Stewart casting the "nay" votes. Stephens motion, Riddlesperger second v. table until a full Council was present. Motion to table fails: by a vote of 1 to 3 with Council Members McAdams, Chew and Mayor Stewart casting the "nay" votes. Chew motion, McAdams seconi to deny the variance V-l S. Motion to deny passed byy a vote of S r.o 7 with Council Members Hopkins, Stephens and Riddlesperger casting the "nay" votes. Debra Drayovitch, City Attorney, clarified that the request was denied. According to Robert's Rules of order, any motion nct approved by a majority vote was considered to be dented, e . .Rt w g . w t r r 'r k S Y ~ r City of Denton City Council Minutes Meeting of may 140 198S Page Sixteen Agenda Item 17 was considered. 7. The Council considered approval of the use of Mack Park with fees waived for a softball tournament with all profits to go to the Fred Moore Scholarship Fund. at-thertimelthemorganization madehplanstforCthetsoftball tournamentt they bad planned for May 17. After talking with narks ani Recreation Department, it was found that 1 park was available at Mack Park and 1 available at Denis. As out of town people were invited, this was not feasible. The next weekend available was June 21 which conflicted with the June 19th celebration. The NAACP was asking the Council to table the request until two meetings before Labor Day. Kiddlesperger motino, Chew second to table. Motion to table passed unanimously. D. The Council held a public hearing concerning the petition of Hammett 1 Nash, Inc. for annexation of approximately 36!.708 acres situated in the H. May Survey, Abstract 807 and the Y. E. Gailor Survey, Abstract 452, and beginning west of FM 2164 (North Locust) approximately 7,000 feet north o Hercules Lane. A-16 The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor and referred to an overhead projection of a map of the ares. There were 2 parcels (A-16 au A-19) requesting annexation, both under the same ownership. This was a voluntary annexation request. The property was approximately $110 acres and a portion of the tract was Included in a strip annexation on North Locust Street. The property was east of urban Taxes Instrumentsrtsites also 2p000 lcated to quite 000 Eros he Planning and toning Commission was of the opinion that annexation might be premature. The other parcel (A-19) had an existing residence on the property and it would be stretching to provide city services out this far from the existing city limits. Annexation at this time might add to the speculative land market. From a professional planning standpoint, staff did not see a problem In annexin the A-16 parcel at this time as there was no existing population or development and the city would not be required to deliver services. Staff was recommending that the Council could or either d pubtake no lic hearings.t and continue to look at the annexation in subsequent ugge lookoclose y at thisodv ing the subseque ntapublicohearingy,l6 and to Mayor Stewart asked if the Council had to continue with the public hearing. Debra Drayovitch, City Attorney, stated that the Council should continue the public hearing and could cease the proceedings at a future time. Mr. Larry Hawkins spoke in opposition stating that his family owned property in this area. The land was currently being used as range land and his family would continue to use the property as range land and to lease it. He then asked the Council not to annex the parcel in question. The Mayor closed the public hearing. discontinMember eit could be reinsa ed ieta latertdate annexation were .x. ) City of Denton City Council Minutes Meeting of May 14s 1985 Page Seventeen not as c or i however, it was now a voluntary Ellison responded that annexation and night be in Council Member Hopkins stated that the annexation could be stopped at any time Stephens motion, passed Hopkins to l second with council continue Member the McAdams annexation. casting Notion to the "nay" vote. E. The Council held a public hearing concerning the petition of Hammett 4 Nash, Inc. for annexation of approximately 180.98 acres situated in the John A. Burns Survey, Abstract 130, and FM 2164 the Locust) k Surveyim tely a9,0009feetd north nofgHercules Lane. (North Thomas A-19 The Mayor opened the public hearing. David Ellison, Senior Planner, reported that this voluntary annexation was the one which was a concern for staff. There was an existingQ residence on the tract. Though staff had been verbally informee by, the owners that the structure would be vacated, the staff had no assurance that this would happen. The P4Z was opposed to this voluntary annexation. No one spoke in opposition. The Mayor closed the public hearing. Hopkin motion, McAdams second to deny the annexation. Motion cr.rrien unanimously. 10, Ordinances: A. Tne Council considered adoption of an ordinance or services contracts and supplies award for accepting the ngpurchase tofemabids and terials, providing for the providing for the expenditure cf funds therefore. The following ordinance was presented: NO. 8S-87 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING F)R THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMEN'S; PROVIDING E EXPEND PROVIDING FFORANTHFFECTIVE DATEE OF FUNDS THEREFOR; AND Chew motion, Hopkins second to adopt the ordinance with Bid f F431A removed. On roll call vote, McAdams "aye", Hopkins "aye," Ste )hens "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "tye." Motion carried unanimously. B. The Ccuncll considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from regrlrements of competitive bids. The following ordinance was presented: NO. IS-88 AN ORDINANCE PROVIDING FOR THE EXPENDITI'xB 0' FUNDS FOR EMBAGENCY PURCHASES OF MATERIALS, EQUI''IENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS if STATE LAN EXEMPTING SUCH PURCHASES ROM 111%IKEMENTS IV C04PETItIVE 1 1 K S, City of Denton City Council Minutes Meetin` of May l4, 198S Page Eighteen Chew notion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye", Hopkins "aye," Stephens "aye," Rtddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Hollyhill between Londonderry and Woodbrook. The following ordinance was presented: NO. 85-89 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF HOLLYHILL BETWEEN LONDONDERRY AND WOODBROOK; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED nOLLARS; AND DECLARING AN EFFECTIVE DATE. Stephens motion, Chew second to adopt the ordinance. On roll call vote, McAdams "rye", Hopkins "aye," Ste ..ens "aye," Aiddle "aye " Chew "aye," and Mayor Stewart "aye. 'Y Motion carried unanimously. D. The Council considered adoption of as ordinance prohibiting parking of vehicles on the west side of Sam bass fro* its Intersection with Interstate Highway 3S-E Service Road to its intersection with Londonderry. The following ordinance was presented: I NO. 8S-90 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE WEST SIDE OF SAM BASS FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 3S-E SERVICE ROAD TO ITS INTERSECTION WITH LONDONDERRY; PROVIDING A SEVERABILITY CLAUSE; .AQVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Hopkins 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. E. The Council considered adoption of an ordinance temporarily prohibiting two-way vehicular traffic on Airport Road from Interstate Hi hway 3S-W to the Denton Municippaal Airport and Airport Road from the Airport to Interstate Hitghway M. Bill Angelo, Assistant to the Director of Public Works, reported that this was a similar action which was taken last Year to accommodat,s the traffic flow at the airport during the Confederate Air Force Airshow. The following ordinance was presented: NO. 8S-91 AN ORDINANCE TEMPORARILY PROHIBITING TWO-WAY VEHICULAR TRAFFIC ON AIRPORT ROAD FROM INTERSTATE HIGHWAY SSW TO THE DENTON MUNICIPAL AIRPORT AND AIRPORT ROAD FROM THE AIRPORT TO INTERSTATE HIGHWAY SSW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Stephens 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. 'k ^ r. . t City of Denton City Council kinutes Meeting of Map 14 1965 Page Nineteen F. The Council considered adoption of an ordinance approving the conveyance of 0.991 acres of real property to the Town of Cross Roads in accordance with an agreement previously approved on April S, 1983, between the City of Denton and the Town of Cross Roads. Bill Angelo, Assistant to the Director of Public Works, reported that there had been a disputo between the City of Denton and the Town of Cross Roads over the old landfill sit:. Lenton had agreed to see 1 acre to Cross Roads and this ordinance would allow that sale. The following ordinance was presented: NO. IS-92 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE CONVEYANCE OF 0.991 ACRES OF REAL PROPERTY TO THE TOWN OF CROSSROADS IN ACCORDANCE WITH AN AGREEMENT PREVIOUSLY APPROVED ON APRIL 5, 1983, BETWEEN THE CITY OV DENTON AND THE TOWN OF CROSSROADS; AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. Mayor Stewart asked what the selling price was. Angelo responded $ir. On roll call vote, McAdams "aye", Hopkins "aye," Stephens "aye," Riddlesperger "aye," Chew °aye," and Mayor Stewart "nay." Motion carried S to 1 with Mayor Stewart casting the "nay" vote. G. The Council considered adoption of an ordinance amending the toning map of the City of Denton, Texas, as same was adopted as an appendix to the code of Ordinances of the City of Denton, Texas, by ordinance No. 69.1, and as said ■ap applies to approximately 12.153 acres of land situated in the Mary L. Austin Survey, Abstract No. 4, Denton County Texas and located at the northwest corner of Spencer Road and Loop 288; to provide for a chants in toning classification and use designation from planned dare o ant 1lPD'1 district classification and use to coaaercial"C„ classification and use for said property. Z-1728 The following ordinance was presented: NO. BS-93 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY Of DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 12.153 ACRES OF LAND SITUATED IN THE MARY L. AUSTIN SURVEY, ABSTRACT NO. 49 DENTON COUNTY, TEXAS AND LOCATED AT THE NORTHWEST CORNER OF SPENCER ROAD AND LOOP 288; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE TO COMMERCIAL "C" CLASSIFICATION AND USE FOR SAID PROPERI Y; AND DECLARING 0 EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call votes McAdams "aye", Hopkins "aye," Stephens "aye," Riddlesperger "aye " Chew "ayeand Mayor Stewart "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance approvtng an agreement for the sale of wholesale treated water to t e Town of Corinth, V+1'~" City of Denton City Council Minutes Meeting of May 14, 1985 Page Twenty Bob Nelson, Director of Utilities, reported that staff had been working on this particular contract for some time. S.nton had had a contract with Corinth since 1972 and 1 of the provisions was for Corinth to install ground storages which they had not done. Changes had been worked into the contract. Under provisions to the contract with Dallas, each year Denton had to declare how such water was intended to be used and then that much water had to be taken. This rovision was In the Corinth contract. The rates would be examined ~ut Corinth would be placed on a demand fixed rate. Corinth was also being asked to conform to the Dallas area suppl7 system. A concept of water transmission through the community 1►ad been placed in the contract. Council Member Stephens asked if Corinth expanded, did Denton guarantee certain volume. Nelson responded that would tell staff about the volume which they would require. The currently were At 31 of the Denton system. Council Member Stephens asked if capital recovery was built into this contract. Nelson responded yes. Council Member Stephens asked if Corinth had a standby system. Nelson replied no but Corinth did trre welts. Council Member Chew stated that he did not want to be put in the ppoosition of supplying water to Corinth and having to curtail usage in Denton. The following ordinance was presented: NO. 95-94 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT FOR THE SALE OF WHOLESALE TREATED MATER TO THE TOWN OF CORINTH; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE. Ho pkins motion, Stephens second to adopt the ordinance. On roll till vote, McAdams "aye", Hopkins "aye," Stephens "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 1. The Council considered adoption of an ordinance approving an agreement between the City of Denton anal Freese and Nichols, Inc., for engineering services relative to the hater Treatment Plant. Bob Nelson, Director of Utilities, reported that this request for was a $6,000 engineering contract with Freese and Nichols to design a backwash system for the Water Treatment Plant. As Freese and Nichols was currently performing another study, this would be an j appropriate time for this additional study. The following ordinance was presented: NO. BS-95 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE 1 NICHOLS, INC. FOR ENGINEERING SERVICES RELATIVE TO THE MATER TREATMENT PLANT, AND PROVIDING FOR AN EPFECTIVE DATE, Ste lths oM o st0i r adopt athe ye ordinance. On roll u li iesrote, NeAdaas ayee Hopkins "aye, Of Stephens "ayes" ca perger "aye," Chew it y lrr and Mayor Stewart "aYe.'f motion carried unanimously. ..r r...6 M.. . c. ^D f... :•r '1:,' }.Ya J" 1 sl".`. h T. f ( l t City of Denton City Council Minutes Meeting of May 14, 1985 Page Twenty-One J. The Council considered adoption of an ordinance approvin an agreement between t e City of Denton and Rona Engineers to provile subsurface investigation services fvr the City's sanitary landfill. 0111 Angolo, Assistant to the Director of Public Works, reported that this was a routine item which the Council would see many more times as the landfill site expanded. The following ordinance was presented: NO. 9S-98 ui ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND RONE ENGINEERS TO PROVIDE SUBSURFACE INVESTIGATION SERVICES FOR THE CITY'S SANITARY LANDFILL, AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger 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. Ill Resolutions A. The Council considered approval of a resolution approving an Airport Use Agreement between the City of Denton and the Confederate Air Force for the 198S airshow. Clint Lynch, Airport Manager, reported that this was a routine a reement for the airshow. Joining the CAF this year would be the B~ue Angels and the Golden Warriors. The following resolution was presented: R£ S 0 L U T I 0 N WHEREAS, the City of Denton owns property at the Denton Municipal Airport; and WHEREAS, the Confederate Air Force desires to use property at said airport for a temporary airshow on June 7, 8 and 9, 19851 and WHEREAS, the Airport Advisory Board has reviewed and recoamended approval of the attached use agreement; NOW, THEREFORE, 82 IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: SECTION I. The Airport Use Agreement between the City of Denton and the Confederate Air Force, attached hereto and incorporated herein by reference, is hereby approved. SECTION II. The Mayor is hereby }uthorited to execute the attached use agreement on behalf of the City. SECTION III, This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the 14th day of May, 1985, k , HIM CITY OF DENTON, TEXAS pi s*4'e Yy. ,'e..r. :ter {a r.-. r-r-Sze---'-r'~.-a ;--rT r •.i :.r a 'e1r City of Denton City Council Minutes meeting of gay 110 1965 Page Twenty-Two ATTEST: CHARLOTTE ALLEN, CITY SEMnM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved. On roll call rote, McAdams "aye", Hopkins "aye," Stephens "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye," Motion carried unanimously. B. The Council considered approval of a resolution authorizing a Pipeline License Agreement between the City of Denton and Missouri-Kansas-Texas Railroad Company. Denise Spivey, Development Reviev, Planner, reported that this resolution would provide for a license agreement to allow the city to cross the MKT tracks for street Improvements being completed with CDBG funds. 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 DENTONs The Mayor is hereby authorised and directed to execute on behalf of the City of Denton, Was, a Pipeline License AgQreement dated May It 1985, between the City of Denton and the Misaouri- Kansas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, operation, repair and installation by boring method one pipe line encased in a carrier pipe not exceeding eithteen (18") inches in diameter, to be used for storm sewer, manhole and headwall at Mile Post K-722.12, Denton County, Texas. PASSED AND APPROVED this the 11th day of May, 1985. RICHARD 0. STEMAR , MAYOk CITY OF DENTON,TEXAS ATTEST: CHARLOTTE ALLEN, CITY 3ECRET CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved. On roll call vote, McAdams "aye", Hopkins "aye," Stephens "aye," Riddlesperger "aye," Chew 'aye)" and Mayor Stewart "aye." Motion carried unanimously. C. The Council considered approval of a resolution in support of Senate trill 1357, as introduced by Senator McFarland, relating to the amendment of Sections 15,06 and IS.07 of the Texas Code of Criminal Procedure. City of Denton City Council Minutes Meeting of Nay 14, 1985 Page Twenty-Three Debra Drayovitch, City Attorney, reported that the Council had discussed some of the ramifications that could occur when one o prtion of the law was amended and not another. A numbez of cities had approved this same type of resolution. The following resolution was presented: R E S L U T I O N WHEREAS, Senator Bob McFarland has Introduced Senate Bill 12S7 in the Texas Senate relating to the emendeent of Sections 15.06 and 15.07 of the Texas Code of Criminal Procedure (C.C.P.); and WHEREAS, the exact meaning of Sections 15.06 and 15.07 C.C.P. is presently somewhat confusing by reason of the definition of the term "recorder" in Article 1195 of Vernon's Annotated Texas Statutes (V.A.T.S.); and WHEREAS, the possible conflict between Sections 15.06 and 15.07 C.C.P. and Article 1196 V.A.T.S. raises questions as to whether warrants issued by municipal court judges can be executed by peace officers statewide; and WHEREASs if warrants executed by peace officers statewide are defective, crimes committed b incilviduals while being arrested under such warrants may not be sub act to prosecution; and WHEREAS, the amendment of Sections iS.06 and 1S.07 C.C.P. pro Jed by Senator McFarland, if passed by the Texas Legislature, wail resolve any ppoossible conflict that exists between such sections and Article 1196 V.A.T.S.; and WHEREAS, the adoption of Senate Bill 1257 by the Texas Legislature will conclusively show that it is the law of the State of Texas that warrants issued by municipal judges can be executed by peace officers statewide; and WHEREAS, the adoption of Senate Bill 1257 is supported by :ur Municipal Judga, the Alternate Municipal Judge and the City Attorney's Office; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION 1. The City Council recommends the adoption of Senate Bill 1257 in the form as the same was introduced in the Texas Senate by Senator Bob McFarland. SECTION II. A copy of this resolution be furnished brr the City Secretary to Governor Mark white, Lt• Governor Bill HoCby, Speaker of the House Gib Lewis, Criminal Justice Committee Chairman Xent Caperton, said Committee's Vice Chairman Bob McFarland, said Committee's Members Senator Ray Farsbee, Senator Bob Glasgow, Senator Ted Lyon, Senator H. Tati Santiesteban, Senator Craig Washington and to State Representative Jim Horn and State Representative Ben Campbell. SECTION 111. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the 14th day of Mays 1985. T`. ! of 4 T Y City of Denton City Council Minutes Meeting of May ll, 1985 Page Twenty-Your RICHARD 0. STEWART, MAYOK- CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETM CITY OF DENTON,jTEXAS AP?ROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHo CITY ATTORNEY CITY OF DENTON, TEXAS McAdams motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye" Hopkins "aye," Stephens "aye," Riddlesperger "aye," Chew "aye,' and Mayor Stewart "aye." Motion carried unanimously. 0. The Council considered approval of a resolution recommending the introduction of legislation to amend article 2.Olb of the Texas Election Code to provide that when the first Saturday in April falls on Easter weekend, that elections may be held on the second Saturday in April. Council Member Stephens stated that it appeared to be a soeewhat difficult situation when the local election day, fell on Easter weekend. He felt it would be advants eons to bring this to the attention of the legislature for consiferation of a change in the election date. The following resolution vas presented: R E S O L U T I O N WHEREAS, Article 2.Olb.(a) of the Texas Election Code provides that, subject to certain limitations, every general (regular) or special election held by the state or by any city of the state must be h-ild on one of the following dates; the third Saturday in January, the first Saturday in April, the second Saturday in August, or the first Tuesday after the first Monday in November; and WHEREAS, Section 3.01 of Article Ill of the Charter of the Cityy of Denton provides that the regular election for the choice of ■eabers of the City Council shall be held on the first Saturday in April; and WHEREAS, often times, the first Saturday in April immediately precedes Saster Sunday, thereby conflicting with Easter weekend and religious and holiday plans and infringing upon the ability of the electorate to cast their votes; and WHEREAS, the City Council of the City of Denton, Texas would urge and recommend the introduction of legislation to amend Article 2.Olb of the Texas Election Code to provide that when the first Saturday In April falls on Easter weekend the election shall be held on the second Saturday in April; NOW0 THi'REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXASi SECTION 1. That th( City Council recommends the introduction of legislation to;, d Article 2.01b of the Texas Election code to provide that whei+ the first Saturday in April falls on Easter weekend, the cities shall conduct the election on the second Saturday In April, 71 7, Meeting ofaMay 1/,y198Snci1 Minutes Page Twenty-Five SECTION II. That a copy of this resolution be furnished by the City Secretary to Governor Mark White, Lieutenant Governor Bill Hobby, Secretary of State Myra A. McDaniel, Speaker of the House Gib Lewis, Senator Bob Glas ow, Senator Ray Frrabee, Senator Bob McFarland, State Representative Jim Horn, State Representative Ben Campbell Ted Willis, Director of the Texas Municipal League, and the House of Reresentative Election Chairperson; Representative miChip StaniswalistivVice-Chairpersn Representative Senfronia Thompson, Chairperson for Budget anb Oversight; and Committee Members Representative Jim Horn, Representative San Russell, Representative Steven Carriker, Representative Nolan J. Robnett, Representative Bill Carter, and Representative Pete Laney. SECTION III. That this resolution shall take effective immediately upon its p►.ssase and approval. PASSED AND APPROVED this the 14th day of Ma;, 1985. RIGNO M( - CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALL Y SECRETARY CITY OF DENTONs. TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Stephens motion, Riddlesperger second that the resolution be approved. On roll call vote, McAdams "aye", Hopkins "aye," Stephens "eye," Riddiesperger "aye," !:new "eye," and Mayor Stewart "nay." Motion carried 5 to 1 with Mayor Stewart casting the "nay" vote. E. The council considered approval of a resolution in support of Project Texas and declaring May, 1995 as Project Texas Month in the City of Denton. request to prepare stated that ll of he Council Members had received Member The following resolution was presented: R E S O L U T I O N WHEREAS, sore :hen 14 million people in Ethiopia and the rest of the African famine belt live on the brink of starvation; and WHEREAS, the survival of millions of children and their patents depends on immediate food aid to these drought-stricken areas; and WHEREAS, Texas Is a land of agricultural bounty and vatm generosity whose very name was derived from an Indian word, Texas, meaning friendship; and WHEREAS, surplus grain and powdered milk ate stored in elevator& and warehouses all over Texas and can be purchased for approximately $$.So a bushel; and City of Denton City Council Minutes Meeting of May 140 1985 Page Twenty-Six WHEREAS, Texas fare a,d ranch organizations, in cooperation with the Texas Department of Agricultural and Save the Children Federation, are asking the people of Texas to contribute toward purchases of Texas grain and powdered milk to alleviate the suffering of Africa's starving millions; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: SECTION I. The month of May, 1985, shall be "Project Texas Month" in the City of Denton, Texas, and the Council does hereby urge all citizens to contribute $35.00 each, the equivalent of 10 bushels of grain, or whatever they can afford and send ton PROJECT TEXAS, Texas Department of Agriculture, P. 0. Box 12009, Austin, Texas 78711. PASSED AND APPROVED this the 14th day of May, 1985. RICHARD 0. , MAYOF- CITY OF DENTON, TEXAS ATTEST: . Mil SECKETM CITY OF DENTONj TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Riddlesperger second that the resolution be approved. On roll call rote, McAdams "aye", Hopkins "aye," Stephens aye, Riddlesperger aye, Chew aye, and Mayor Stewart aye. Motion carried unanimously. 12. The Council considered approval of Capital Improvements Plan Project (CIP) IS5-ww-60 Hobson lift station Change Order 11, Bid 9351. Bob Nelson, Director of Utilitias, reported that this change order was simply for a 30 day extension to the original contract. McAdams motion, Chew second to approve the Change Order. Motion carried unanimously. 13. The Council considered appproval of participation by the City of Denton In the Sister Cities Yragra*. Mayor Stewart stated that the city had been in the Sister Cities Program for 7 years. He had visited Denton's sister city in 1930 and had tried to establish the program but had been unsuccessful. The city was currently paying $250 r year to oe a somber of the program and asked for input from the ~Iouncil on continuing. Council Member Stephens stated that perhaps a more accessible city would be more appropriate; for example, a sister city in Mexico. Stephens ■oiion, McAdams second to continue in the program but to find another more appropriate Sister City. City Manager Chris Hartung commented that the purpose of the program uas to be people to people. Denton had not been successful ih orgsnlain3 cltisen groups with an interest in Jordan. Motion carried unanimously. City of Denton City Council minutes Meeting of May 140 196S Page Twenty-Seven 11. The Council considered revisions and/or amendments to the Cnarter of the City of Denton. Mayor Stewart stated that there was a need for changes in reference to the date wnen members would take office after an election. It might also be necessary to consider a fee to reward Council Members as well as many ordinances which would been review. Council Member Hopkins stated that a Charter Revision Committee would need to be selected to review the Charter. Hopkins motion, Riddlesperger second to enter into a Charter rmendment situation and for a committee to be formed to report back to the Council with their recommendations. Dr. Roland Vela was recognized by the Council and stated that he had. been a member of the City Council during the last Charter amendment. He felt that the City Attorney should be an ex officio member of the committee. Motion to form a Cnartet sliendment committee carried unanimously. 15. Taere was no offi-.'.4 action on Executive Session items of legal matters, real estate, , •soniiel or board appointments. 16. New business No items of new businars were suggested fot future agendas. The Council reconvened into too Executive Session to discuss legal matters, real estate, pers•;snul or board appointments. The following official action was o ken. Stephens motion, McAdams secone. to confirm the County's appointtent of Dr. Ailliam H. Cripe os Director of the City/County Health Department. Motion carried unualmously. With no further items of business, the meeting was adjourned. CHARLOITE ALLEN, CITY SECRETARY 1T91C City Council Minues May 21, 1935 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Roos. a PRESENT: Mayor Stewart; Mayor Pro Teo Hopkins; Council Members Alford, McAdams, Riddiesperger and Stephens City Manager, City Attorney, and City Secretary ABSENT: Council Member Chew 1. The Council held a discussion of development activity and land use conditions on property located north of FM 1173 and east of Masch Branch Road between I-35 north and Barthold Road for the purpose of determining whether to begin the annexation process. David Ellison, Senior planner, reported that staff had received inquiries regarding this parcel. There were currently 7 residences and 2 salvage yards in the tract. The city did have a S00 feet :trip to this area which would allow for annexation. The wrecking yards were unsightly and were expanding. A property owner had a proached the staff regarding the development of mixed use, such as Iight industrial, tonmerciai and mini-warehouses, in the area. Also discussed had been major landscape changes which would alter drainage in the area. Barthold Road to the north would be a natural boundary. The problem property could be annexed without taking :;i any residences. The wrecking yards were a problem; however, if annexed, they would have to conform to city codes. This was an older area which was expanding. Ellison then asked for direction from the Council on whether to begin annexation and whether to exclude the residences and limit the annexation to the owners of the golf driving property. Council Member Stephens asked how many acres were involved. Ellison responded approximately 40, perhaps less. The railroad track would be a logical boundary. Council Member Stephens asked if the city would be required to extend services. Ellison replied the extension of city services would be accomplished through the Capital Improvements Program. Council Member Riddlesperger stated that he did not see any reason to exclude the existing residences. Council Member Stephens stated that the city limits should be extended to the north as that had not been done since 1971. Council Member Chew joined the meeting. Alford motion, Riddlesperger second to beg i% annexation proceedings. Motion carried unanimously. 2. The Council held a discussion of petition of Bruce R. West for voluntary annexation of 258.66 acres being part of the S. Myers Survey Abstract 843, and the A. Miller Survey, Abstract 387, and beginning west of Underwood Road, east of C. Wolfe Road, south of Jim Christal Road, and north of Tom Cole Road, for the purpose of determining whether to begin the annexation process. A-21 David Ellison, Senior Planner, presented a map on the parcel stating that this was an approximately 680 acre tract which was all owned by the same people. A request was being made for light industrial tc'ning, The tract was p:esented in the Econonic Development PActbook and would be a logical choice for annexation and light lndust,rual development. This was a voluntary annexation. 'J City of Denton City Council Minutes Meeting of Wy 21, 1985 Page Two Council Member Stephens asked if part of the property had not already been annexed. Ellison responded this was the area west of the creek which was not annexed during 1984. Hopkins motion, Chew second to proceed with the nnexation, Motion carried unanimously. 3. The Council convened into the executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. The Council then convened into the Regular meeting at 7:00 p.m. in the Council Cnambers. PRESENT: Mayor Stewart; Mayor Pro Ten Hopkins; Council Members Alford, Chew, YeAdems, Rlldlesperger and Stephens City Managet, City Attorney, and City Secretary ABSENT: NGne 1. Consent Agenda Bid / 9431A was removed from the Consent ilgends by staff. McAdams motion Chew second to approve the Consent Agenda as presented. Motion carried unanimously. 1. Consent Agendas A. Bids and Purchase Orders: (PULLED BY STAFF) 1. Bid f 9431A - Modular furniture panels 2. Bid 1 9454 Drainage Improvements /Stanley and Thomas 3. Bid 19459 - Golf range lighting 4. Bid s 9460 - Skid steer loader S. Bid 1 9461 - Police uniforms 6. Bid 1 9462 - Concrete contract work 7. Bid 1 9463 - Dead front load break arrestors S. Purchase Order 168221 to SAS Institute, lnc. in the amount of ;39500.00. (Trio Data Processin` Advisory Board recommends approval.) B. Tax Refund: 1. Approval of a tax refund to ANI in the amount of $30,061.12. 2. Ordinances. A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for purchase of materials, equipment, supplies or services; I for the expenditure of Funds therefore] and providing for an effective date. City of Denton City Council minutes Meetin of may 21, 1965 Page Tree • The following ordinance was presented: NO. 8S-97 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. Chew motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye", Hopkins "iye," Stephens "aye," Alford "aye", Riddlesperger "aye," Cnew "ayeand Mayor Stewart "aye." Notion carried unanimously. B. Tho Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvement!; prov damp for the expenditure of funds therefore; and providing for an effective date. The following ordinance was presented: NO. SS-98 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR SMPROVE:`dENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Alford motion, Chew second to adopt the ordinance. On roll call vote McAdams Hopkins "afire," Stephens "aye," Alford "aye", Riddlesperger "aye," Chew "aye,' and Mayor Stewart "aye." Motion carried unanimously. • C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing for an effective date. The following ordinance was presented: NO. 8S-99 AN ORDINANCE PROVIDING FOR THE EXPENDITURL OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Stephens motion, Cnew second to adopt the ordinance. On roll call vote, McAdams "aye", Hopkins "aye," Stephens "aye," Alford "aye", Riddlesperger "aye,' Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. Agenda Item 2.D was passed in the agenda order. E. The Council considered adoption of an ordinance setting a date, time and place for public hearin s concerning the petition of the City of Denton and Pat O'Brien for annexation of approximately 160 acres of land being a part of the G. Walker Survey, Abstract 13300 and the M.E.P. i P.R.k. Survey, Abstract 9S0, and situated north and south of Paige Road between !-SSE and Swisher Road (A-20). The following ordinance was presented: . NO. 8S•100 AN ORDINANCE SWUNG A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY pF DENTON, ARICA 0 SUCH7PUBLIC H~EARIp NG.IRECTING THE MAYOR TO PUBLISH City of Denton City Council Minutes Meeting of May 21, 1985 Page Four Hopkins notion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye", Hopkins "aye," Stephens "aye," Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the petition of the City of Penton for annexation of approximately 115 acres of land being part of the J. West Survey, Abstract 1331, and located north of Highway 380 east and west of Rockhiil Road. A-22 The following ordinance was presented: NO. 85-101 AN ORDINANCE SETTING A DATE, TIME 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. Chew motion, Riddlesperger second to adopt the ordinance. On roll Call Vote McAdams "aye", Hopkins "aye," Stephens "aye," Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing an extension of the agreement for Project Construction Manager for the renovation projects of the Municipal Building. City Manager Chris Hartung reported that the contract was an extension of the arrangement which had been used throughout the remodeling of City Hall. The following ordinance was presented: NO. 85-102 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AN EXTENSION OF THE AGREEMENT FOR PROJECT CONSTRUCTION MANAGER FOR THE RENOVATION PROJECTS OF THE MUNICIPAL BUILDING; AND DECLARING AN EFFECTIVE DATE. Alford 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." Notion carried unanimously. 3. Resolutions A. Thn Council considered approval of a resolution in support of the North Texas Commission and the U. S. Customs Service Center concept. City Amager Chris Hartung reported that this item had been placed on the agenda at the request of the North Texas Commission. The Commission was working to maintain a U. S. Customs office in Dallas, The following resolution was presented: R_ES0 L_UT 1 0N WHEREAS, the North Texas Commission has been directed by its Long Range Plan to act as a catalyst in issues that affect the Dallas/Fort Worth Metroplex as a .hole; and WHEREAS, the North Taxes Commission Board of Direr-tors has agreed that the services rendered b f U. So Customs District are vital to the continued economic troll being of the Dallas/Fort Worth Hetroplax as a whole; and City of Denton City Council Minutes Meeting of May 21, 1985 Page Five WHEREAS, the North Texas Commission recognizes the need to retain all U. S. Customs Services currently in operation in the, Dallas/Fort Worth Customs District so that the Dallas/Fort Worth region will remain positioned as an international economic hubs and WHEREAS, the North Texas Commission recognises and supports U. S. Customs goal to modernize and streamline its operations, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton supports the North Texas Commission's efforts relating to the Service Center Concept and will work to assist rnd support those efforts between the private and public sectors. SECTION I1. That the City Council of the City of Denton and the North Texas Commission await the opportunity to assist U. S. Customs in facilitating plans to strengthen the inland port of Dallas/Fort Worth, PASSED AND APPROVED this the 21st day of May, 198S. CITY OF DENTON, TEXAS ATTEST: CHARLOTTE M CITY OF DENTONI EXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS B Y. Riddlesperger motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye", Hopkins "aye," Stephens "aye," Alford "aye", 2iddlesperger "eye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 1. The Council presented budget priorities to the City Manager. Mayor Stewart stated this procedure was preliminary to the budget process. Council Member Chew: 1. funds for employees to celebrate Martin Luther King's birthday as a legal holiday 2. more money In the General Fund for streets Mayer ho Ten Hopkinst Hopkins stated that many Stems had been discussed at the Council retreat which should be in the budget. 1. review of what the lack of revenue sharing funds would meaty to the City of Dentoel must keep in mind these monies will have to be replaced by other sources r p ~ 1~~ ~ I'I S}~'M d P w b•!~! I, ~ rI'. t P Dy ~s t` ~ y, he. 'k~ C S i. : City of Denton City Council Minutes Meetin of May 210 1985 Page Sx 2. streets 3. southeast Denton community center 1. begin planning for a new community center Council Member McAdams: 1. adequate personnel level in the Police Department - s;jould be considered very carefully Council Member Riddlesperger: 1. Flow Hospital - there were still problems with Flow and, depending on the legislature, the city might have some fiscal responsibility in this area Council Member Alford: 1. adequate personnel in the Police Department 2. staying abreast of current salary levels so as to keep gnod personnel Council Member Stephens: I 1. more money for streets in addition to the bond money 2. Flow Hospital 3. review of salaries separate from the budget Council Member Riddlesperger asked to receive a salary schedule. Council Member Stephens asked for a detailed budget at the same time the Council received the budget summary. Mayor Stewart: 1. look at the whole city operation to see what could be cut out; would like to see an effort made to bring the budget in line with what the financial capability would be. Mayer Stewart stated that he would like no increase in taxes. Council Member Riddlesperger responded that he also would not like to increase taxes; nowever, items should as impact fees had not been discussed. The city was going to require additional revenues. Mayor Stewart restated that the Council should look at those items which could G., gut out. Council Member Stephens asked where the city was in laplementing the David M. Griffth cost of service fees. City Manager Chris Hartung responded the fees were being implemented at different levels. Some of the recommended fees had not be implemented and some-were fully implemented. Council Member Stepnens asked for a briefing on the status of the fees in June. the Council considered item 2.1) which had been previously passed in the agenda order. D. The Council considered adoption of an ordinance directing the issuance of Notice of Sake of bonds. City Manager Chris Hartung reported that Frank Medahich of First Soutnwe4t Company was present to speak 0 this item. r qM Y(: k61~ . City of Denton City Council Minutes Meeting of May 21, 198S Page Seven Frank Medanich, First Southwest Company, reported that there was a Charter requirement for a 30 day notice prior to the sale of city bonds. This notice would be published in the Bond Buyer and the Denton Record-Chronicle. The bonds would be sold on ;une 25. City Manger Chris Hartung stated there would be a requirement for a special Called council meeting at 5:00 p.m. on June ZS to sell the bonds. The following ordinance was presented: NO. 8S-103 AN ORDINANCE DIRECTING THE ISSUANCE OF NOTICE Ob SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1985 McAdams notion, Stephens second to adopt the ordinance. On roll call vote, McAdams "aye", Hopkins "aye," Stephens "aye," Alford "aye", Riddlesperger "aye," Chew "ay^," and Mayor Stewart "aye." Motion carried unanimously. 6. The 'following items of New Business were suggested by Council Members for future agendas: 1. Council Member McAdams stated that some question had been raised regarding a previously approved agenda request to allow a welcome banner to be displayed during Freshman registration at NTSU. The question was in regards to whether the banner was to contain an advertisement. Debra Drayovitch, City Attorney, responded that the intent was not to advertise. The Council had approved a banner to welcome student, not advertising. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. With no further items of business, the meeting was adjourned. UCRXRD 0. S , AAIUR_ CtIAP,LOTTE , 6I T SE'CRETAR 1805C Y" City Council Minutes May 28, 1985 The Council convened into the Mork Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stewart; Mayor Pro Tem Hopkins; Council Members Alford, Chew, McAdams, Riddlesperger and Stephens ASSENT: None 1. The Council held an Executive Session to discuss legal matters, real estate, personnel, and board appointments. No official action was taken. The Council then convened into the regular meeting 7:00 p.m. in the :Ity Council Chambers. PRESENT: Mayor Stewart; Mayor Pro Tea Hopkins; Council Members Alford, Chet, McAdams, Riddlesperger, and Stephens. ABSENT: None 1. The Mayor read a resolution in appreciation of Phyllis A. Morris. The following resolution was presented: "PHYLLIS M. MORRIS" WHEREAS, on May 31, 1985, the City of Denton will love the services of Phyllis M. Morris, an exceptior,al and dedicated employee; and mHEREAS, that date will mark the end of over seven years of public service by P.iyllis Morris as the Deputy Clerk of Municipal Court for the City of Denton; and WHEREAS, during her tenure as Deputy Clerk, Phyllis has served above and beyond the mere efficient discharge of her duties in gaining th- respect of the attorneys, judges an staff with whom she worked; and WHEREAS, although the City regrets the loss of a valuable employee, we share the concern of Phyllis over the health of her daughter and fervently hope her medical treatment will result in a complete recovery; hOW, THEREFORE, the City Council of the City of Denton wishes to acknowledge with grateful appreciation the service of Phyllis M. Morris and the tireless devotion she has given to the office of Deputy C1erl. of Municipal Court of the City of Denton, and orders that this Resolution be made a part of the official minutes of this Council to be a permanent record of the City and that a copy be forwarded to Phyllis Morris as a token of our appreciation. aY„q~d r r'L.A 5'7 n' ra. fi i r ~4' Y" e'0 o3 City of Denton City Council Minutes Meeting of way 28, 1985 Page Two PASSED AND APPROVED this the 28th day of may, 1985. RICHARD 0. STEWARTs MAYOR ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBICAAf~ AMI , CITY ATTORNIT CITY OF DENTON, TEXAS It was noted that Ns. Phyllis A. Morris was present to accept the resolution. 2. Consent Agenda Chew motion, McAdams second to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: Purchase Order i 68500 to Weathertalker in the amount of $140850.00 B. Final Payment: 1. Consider approval of final payment for water and sewer relocation at Loop 288 to Calvert Paving Company, Bid 1 9364 in the amount of $14,SS3.70. 3. Public Hearings A. The Council held a public hearing on the Fetition of Hammett 6 Nash, Inc. requesting annexation of approximately 361.708 acres beginning west of 042164 (North Locust) approximetely 7,000 feet z+orth of Hercules Lane. A-16 The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor stating that this was the second public hearing on this request. Interested individuals have inquired into the possible zoning of this tract of land although exact development is not known at this time. Actual development of this area is very limited. As there is no existing population or residences in the area, the City would not be adversely affectod from the service delivery standpoint with this annexation. Mr. Baruch, owner of this tract as well as A-1S which was denied annexation, wanted to know why A-19 was denied. He was Informed that there agpeared to be very little actual development potential ased on their participation with deeding, etc. in the property and that there was some concern a h C{ 'F r 3 t^ -6, 7 City of Denton City Council Minutes meeting of may 28, 1985 Palo Three about serving one residence tl+at for out with basic City services. Mr. Baruch indicated that he .could like to appeal the A-19 decision but that he was still interested in the A. 16 annexation. No one spoke in opposition. The Mayor closed the public hearing. 0. Ordinances A. The Council considered adpotion of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies, or services in accordance with the provisions of state law exempting such purchases from requirements of competitve bids; and providing for an effective date. The following ordinance was presented: NO. 85-101 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye", Hopkins "aye," Stephens "aye", Alford "aye", Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 5. Resolutions: The Council considered approval of a resolution accepting the Federal Energy Regulatory Commission's order issuing Denton a license for the Ray Roberts Hydroelectric Project. Charles Cryan, Utility Budget and Rate Administrator, stated that the Public Utilities Board recommended approval. The license would allow them to keep on schedule for building the hydroelectric plant. It appears that this would not tyke place within the next two years, but an extension was possible. No funds are expended for the next fiscal. year. An engineering study would require future funds but nothing was required at this time. Council Member Hopkins stated that the plent would not come on-line until the lake was half filled. Cryan replied that that was colreo:t. That the project was not feasible until 1987 or a couple of years after. Council Member Hopkins asked what if the lake filled as fast as the one here did. Cryan replied that we could move up the date at that time. 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. 6. The Council convened Into the Executive Session to discuss legal matters, real estate, personnel, and board 7 7 t r, _City of Denton City Council minutes meeting of May 28, 1995 Page pour appointments. No official action was taken. With no further items of business, the meeting WAS adJourned, KYOR 18000 I ]9'Y*7 f^.:`. a K 7rx rR? rf. Fi a.!rt r. n:'.-~ 3 , Div t-: , +r. ar, xrP DATR1 06/04/85 CITY COUNCIL RRPORT FORMAT 'f C' : TO,. Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: APPROVAL OF PLATS RECOMMENDATION: The Planning and Zoning Commission recommends approval of the following: 1. Preliminary plat of the Carolisa Addition, Lot 1, Block 1 2. Preliminary plat of the Chestnut Square Addition, Lot 1, Block 1 BACKGROUND: These plats comply with the Subdivision Regulations and the Development Review Committee and Planning and Zoning commission recommend approval of these items. PROGRAMS. DRPARTMBNTS vi GROUPS AFFECTED: Not applicable. FISCAL IMPACT: Not applicable. Respectfuli subm tt : • 0. Chris Hartung City Manager Prepared by: _U1AYdt. all.4~ Denise Spi ey Urban Planner Approv Jeff Meyer Director of Planning and Community Development 0899] pq: f I' 4 4 _ r 1 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: June 4, 1985 SUBJECT: Preliminary plat of the Carolisa Su)division SUMMARY: This tract is .540 acres located at the northeast corner of Riney Road and Windsor Drive. This tract is shown in the N. H. Meisenheimer Survey, Abstract 810, Denton, Texas. The property is zoned sincle family (SF-7), and residential developmeit is anticipated. City services and facilities, including water, gas, sanitary sewer, telephone, lilectrica?, and solid waste are available. The developers nave been informed that no access will be permitted from Windsor 'give and will be seeking a curd cut variance at i later date. The two lots are 86 feet deep and do not meet the 100 foot minimum depth regiirement. This lot depth variance can be appr+ved at the time of platting, ACTION REVUIREU: Approval of the preliminary p.at RECOMMENDATION: The Development Review Committee and the Planning and Zoning Commission recommend approval of the preliminary slat subject to the following condition: The access issue will br resolved prior to acceptance of the final plat for processing. ALTSONATIVE: Denial of the plat ATTACHMENT: Reduced preliminary plat I Uenise S ivy Urban Planner 1201g aw r u hss'..f►►L• I.r vJ.. s... k 4• f ..rte... • v.. ~ . .w r i i ..._..._..r . r- ~e1 co' I vs op r i ~ w 0310 10 f, .111101 fol, ~ __l.l0'_ 1!._1t A .w- ~y •n !i. • h w r- yrti• p.. L.Ytt •ry 'Mmo,ISf ►11, C,K►s CASOUSA SUBOIV WR 11.. ; 0..•1. Y ,,,V1r •y •.NR 11•.1 to I• M M.... M.. eY u.1 • M h s• N NM ..1 N IN . M,14 k.Kr1N11 104.1v "Ita tt 40 111 ,w• •R.11 M.. wHM ►t.I11, bnt N.M q1N U.•• M4•. 4, .IIN N. Hal P• MI4rq • I StL.L rft ! 400 AM1tIC{AtRA • r11r0.w •,MMn tt.M.t•1 1 NM•.r •~Y •II I. MFYf A.w :ni J" 'r 't. Ads 2.,¢~. y .Gl .u .^T l: aA?_8'r• r •h. # fill CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: June 4, 1985 SUBJECT: Approval of the preliminary plat of the Chestnut Square Addition, Lot 1, Block 1 SUMMARY: This tract is 0.2858 acres located south of hest Chestnut Street and west of Bernard Street. This tract is more fully described as Lot 1, Block 1 and shown in the E. Pulchalski Survey. Abstract 996, Denton, Texas. The property is zoned Mir-2, and a residential development is anticipated. City services and facilities, including water, gas, sanitary sewer. telephone, electrical, and solid waste, are available. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVES: Denial of the preliminary plat ATTACHMENT: Reduced plat bck b Cecile Carson Urban Planner 1162g(2) ,t • i a roue rr•t i mu4T Of of o 9b arIRLO S[1tl JACai1 F"mm M to mus K t a. 1964 Also rw Jr ` TWA 1. 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K him" RJ TA 1 M, AN me D lots ILAI f" ,t IL'Tr+t Aw AI'MUn 10An? a.1t o0 r au LAM, nUj ut IN I" Kfln /R+N lnTo e'1' rLK4 flat ct Kf NUar11 IN COwOA1Ct %-.0 n• o41wR1 of to e1ri W Kam. t •-1~ • OloMEN AZ"n is ~:aeik: 'i:r-1: 7iM'f ' • I ' LI ~ r N[Rlf fe4h SON Y---T4~ YO 1IIT OAR 1L D[NTON, Tf 84316201 1 • .F LOT toss W1 /r, "wnroui L J. ' r I,- y 1 YICIkITY MAP R B cB I V Bn MAY 21 i.G85 Not To ACAU REVISED PRELIMINARY PLAT R.N ~ our r.fa r-= NA94FAITY & N fH# INc ~ cHesrNVr souaRF R4rf REYIfIORl R1 eNR m, fl,/~' CONlVLTINi rmwaER! L "Mr"s UW011, ttxAs low RO toll [Aft ADDITION To Tw NAY 01 DE410M. oc"TON Cd1N1lX Np ) ;'p DATEt 06/04/aS CITY COUNCIL REPORT FORMAT 31 T0: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING A TRACT OF LAND CONSISTING OF APPROXIMATELY 34.68 ACRES SITUATED IN THE M. FORREST SURVEY, ABSTRACT 417 AND BEGINNING APPROXIMATELY 250 FEET SOUTH OF AND PERPENDICULAR TO THE CENTER DINE OF FM 426 AND APPROXIMATELY 20000 FEET EAST OF MAYHILL ROAD (A-14) RECOMMENDATION: The Planning and zoning Commission recommended approval at Its meeting of March 13, 1985. SUMMARY, This is a voluntary petition. Th,. purpose is to control land use and zoning. BACKGROUND: The Planning and Zoning Commission has reviewed the McDonnell Highlands General Development Plan and preliminary plat. A planned development coning proposal will be forwarded to the City Council. PROGRAMS, DEPARTMENTS OR GROUPS AFFEC'PED: One (1) property owner was notified and no reply form wa returned, FISCAL IMPACT: Undetermined Reape~jfu sub t d j&4" G, Chris Hartung City Manager Prepared by; David Ellison Senior. Planner AoNrov d: ivff Maya Director or Plann ng W Community Development 07826 yr C.roYT ~r a f. 1` ^ i C r rw a. L l t J~~.r "*c y, lO1tL' NO. AN ORDINANCE ANNLXII:G 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 34.60 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of R. 0. McDonnell; and WHEREAS, an opportunity wAs afforded, at a Zublic hearing held for that purpose on the __~y *34 of .a -C , 1085 in the Council Chambers for align-cerested persons to state their views and present evidence bearing upon the annexation p:-nvided by this ordinance, and WHEREAS, an opportunity taa afforded at a putlic hearing held for that ppurppose on the --A day of , 1985 in the Council Chambers for all-Interested per ons o a ite their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at leant 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 DENTON HEREBY ORDAINS: SECTION I: That the hereinafter described tract of land be, and the some is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said Cityy and the land and the present and future inhabitanc3 tForeof 9ya!1 be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be 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 tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the M. Forrest Survey, Abstract No. 417, said point lying in tha present city limits a.r establts.ed by Ordinance No. 83.134, said point also lying 250 feet sot.th of and )erpendicular to the cent.e.r line of F.M. 426 (East McKinney) and in the west boundary line o': a tract of land conveyed to R. 0. McDonnell by deed recorded in Volume 1200, Page 462 of the Deed Records of Denton County, Texas: THENCE south 68°18'50" east along the present city limits, 250 feet south of and parallel with the cea erline of F.M. 426 (Cast McKinasy), a distance of 319.22 feet to a point for a corner; THENCE south 64°33'48" east along said lines, a distance of 424.31 feet to a point for a corner; THENCE south 63°44'11" east, alone said lines, a distance of 316.39 feet to A point for a corner; A-14/R. 0. MCDONNELL/PAGE ONI. i THENCE svuth 0°10'40" west, a distance of 664.96 feet to a point for a corner; THENCE south 1000'46" east, a distance of 798.58 feet to a point for a corner, said point lying in the south boundary line of said McDonnell tract; THENCE north 89°30'l3" west, along the south boundary line of said McDonnell tract, a distance of 812.67 feet to a point for a corner, same being the southwest corner of said McDonnell tract; THENCE north 1°00'46" west, along a west-boundary line of said McDonnell tract a distance of 798.58 feet to a point for a corner; THENCE north 88°07'49" west, along a south boundary line of said tract, a distance of 158.15 feet to a point for a corner; THENCE north 1°00'54" east, along a west boundary line of said tract, a distance of 692.37 feet to a point for a corner; THENCE north 0a 14147" west, along a vest boundary line of said tract, a distance of 321.99 feet to a point for a corner; THENCE north 1°11'58" west, along a west boundary line of said tract, a distance of 78.75 feet to the place of beginning and containing 34.60 acres of land, more or less. SECTION It. 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 III. This ordinance shall be effective immediately upon its paseage. Introduced before the City Council on the g3`4 day of 4 / , 1985. PASSED AND APPROVED by the City Council on the day -if 1985. RICHARD 0. 1 YO CITY OF DENTON, TEXAS ATTEST: CITY OF DENTONo TEXAS APPROVED AS TO LEGAL FORM; JOE 0. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS A-'.4/R. 0. MCDONNELL/PACE TWO i F.~ ty Y`r.-._ 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 industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same rogular 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, C 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 by accomplished under the established policies of Vie 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 annexati^n. 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 powers ~J hey r,1 s7,7y !ti i. r x, :k. 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 standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growti. 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. Wr. ti now / ..11 `I I Ayll II j Bla Aoa L i I~ I r A-14 l+ ~ . r n 1 ¢ x f F A-14 ANNEXATION SCHEDULE February 25, 1985 Submit agenda item ✓ Februar! 26, 1985 Submit agenda back-up *Marc1 05, 1985 City Council sets date, time and place for public hearing Mar(h 06, 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March 11, 1985 Submit agenda item L~ March 12, 1985 Submit agenda back-up *March 19, 1985 City Council holds public hearing ,i match 20, 1985 Notice to Denton Record Chronicle March 22, 1985 Publish notice and mailout March 25, 1985 Submit agenda item M<rch 26, 1985 Submit agenda uack-up *April 02, 1985 City Council nolds public nearing Aril 15, 1985 Submit agenda item / Aril 16, 1985 Submit agenda back-up *Airil 23, 1985 Special called meeting of City Council to institute annexation proceedings ✓ A)ril 250 1985 Ordinance to Denton Record Chronicle A?ril 28, 1985 Publish ordinance r May 270 1985 Submit agenda item May 28, 1985 Submit agenda back-up *tune 04, 1985 Final action by City Council *Denoces action by the City Council 09648 V Minutes Planning and Zonin Commission March 13, 11 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, March 13, 1985, at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Bill Claiborne, R.B. Escue, Jr., Gary Juren, Robert LaPorte, Tom Pearson and Andy Sidor Absent: Ruby Cole Present from Staff: David Ellison, Senior Planner; Denise Spivey, Urban Planner; Cecile Carson, Urban Planner; Tina Hill, Intern; Joe Morris, Acting City Attorney; Jerry Clark, Clty Engineer; Koorosh Olyai, Transportation Engineer; Ray Rumfield, Civil Engineer; and Debbie Boydston, secretary I. Approval of minutes of the regular meeting of } February 27, 1985. i Mr. LaPorte made a motion to approve the minutes of tnA regular meeting of February 270 1985. Seconded by Mr. Sidor and motion carried unanimously (5-0). Mr. Escue arrived at the meeting. 11. Considerations A.f Recommend approval of the petition of R. 0. McDonnell for annexation of appproximately 34.6 acres of land situated in the M. Forreat Survey, Abstract 417, and beginning spproximately 250 feet south of and perpen- dicular to thhe centerline of PH 426 and approximately 2,000 feet east of Mayhill Road (A-14). Mr. Ellison stated this is the petition of R.O. McDonnell for annexation of approximately 34.b acres of land situated 250 feet south of and patpen- dicular to the centerline of PM 426 and approximately 2,000 feet east of Mayhill Road. He stated the request is voluntary. Th?s is the site of the request for two family and general retail land use with retail/ware- housing permitted. He added, a portion of the overall site is currently located within the city limits. Staff recommends approval of this request. Mr. Sidor made a motion to recommend approval of the petition of R.O. McDonnell for annexation of approxi- mately ?4.6 acres of land situated in the M. Forrest: Survey, Abstract 417, and beginning approximately 210 feet aouth of and perpandiaular to the centerline of FM 426 and approximately 2,000 feet east of Mayhill Road A-14). Seconded by Mr. LaPorte and unanimously carried L (~6-0). B. Recommend approval of the petition of Hammett 6 Nash, Inc. and the City of Denton for annexation of approxi- mately 150 acres of land located west of Mayhill Road, approximately 4,000 feet north of I-35, and adjacent and north of the MKLT railroad (A-17). Mr. Ellison stated this request is for approximately 150 acres of land located vest of Mayhill Road spproxiaately 4,000 feet north of 1-35 and adjacent and north of the MK6'T Railroad. He stated Hammett and Nash, Ina., have submitted a voluntary ra uest for annexation and light l tOurtrial tonia$ on a So acre portion of this site. it DATE: 06/04/85 CITY COUNCIL REPORT FORMAT ! TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING A TRACT OF LAND CONSISTING OF APPROXIMATELY 150.0 ACRES LOCATED WEST OF MAYHILL ROAD APPROXIMATELY 4,000 FEET NORTH OF I-35 AND ADJACENT AND NORTH OF THE MKV RAILROAD (A-17) RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 18, 1985. SUMMARY: This is a joint petition by the City of Denton and Hammett G Nash Inc. BACKGROUND: PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Six (6) reply forms were mailed to owners of property. One reply form was returned in favor, one was returned in opposition. FISCAL I4PACT: Undetermined Respec full sub t d: e G. Chris Hartung City Manager P:e ared by: , - 1%~ David Ellison Senior Planner Appr ed: _mWAIA Jeff Hey r Director of Ylanning and Community Development 07029 777 1024L I 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 APPROXIHATELY 150 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATL; OF TEXAS AND BEING PART OF THE D. HOUGH SURVEY, ABSTRACT NO. 646, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARI14C AN EFFECTIVE DATE. WHEREAS, the request for annexation wet introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of Hammett L Naah, Inc, and the City of Denton, Texas; and WHEREAS, an opportunity waa afforded, at a public hearing held for that purpose on the /9th day of _~lx-rrc sv , 1485 in the Council Chambers for a1T'lntereate perd- sons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was worded, at a publ'' . hearin held for that purpose on the o~ - day of A? e , i;a_ in the Council Chambers for 'aTT-I ntereste3 p rood$ 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 Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF T4E CITY OF DENTON HEREBY CP.DAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and tM present and future inhabitants thereof shell be entitled to all the rights and privileges of other citizens of i:aEd City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied 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, and being part of the D. Rou•n Survey, Abstract No. 646, and more particularly describay as follows: BEGINNING at a point in present city limits as established by Ordinance No. 81.440 a& id point lying in Mayhill Road at the northeast corner of the D. Hough Survey Abstract No. 646, same bean the southeast corner of the J. Arandon Survey, Abstract No. f515; THENCE west along the north boundary line of said Hough Survey same being the south boundary line of said Crandon Surveys pairing the southwest corner of the said Brandon Survey, same being rho southeast corner of J. V. Cheek Survey, Abstrstt No. 3241 a distance of 2640 feet, more or less, to the northwest A-11/HAMMETT i NASH1 INC./PACE ONE ear -r e _ -r_ - r corner of the stsid D. Hough Survey, same being the northeast corner of the J. White Survey, Abstract No. 1433, said point also being a corner of the present city limits as described in Ordinance No. 84-17; THENCE south along the said present city limits, same being the west boundary line of said Hough Survsy and the east boundary line of the said White Survey to a point for a corner in the southwest right-of-way line of the M.K. 6 T. Railroad; THENCE southeatterly, along said present city limits, same being the southwest right-of-way line of the H.K. 6 T. Railroad to a point itar a corner at the Intersection of the east right-of-way line of Mayhill Road with the southwest right-of-way line of the K.K. 5 T. Railroad, said point also lying in the present city limits as established by Ordinance No. 78-38; THENCE north 78°41'20" east along said present city limits, crossing said railroad eight-of-way, a distance of 100.0 feet to a point for a corner; THENCE north 54°3L'50" east along said present city Un ites a vtbtance of 88 feet to a point fot a corner; THENCE north 3041' east along said prese~a city limits, a distance of 66 feet to a point ta0 a corner; THENCE north 10°51'09" east along said present city limits, a distance of 46.68 feet to a point for a corner, same being a corner in the present city limits as described in Ordinance to. 78-38 and 63.16; THENCE north 4°1.3'44" east along the present city limits as desc:ibed in Ordinance No. 83.16 same being the west boundary line of the O. Walker Survey, Abstract No. 1330 and the east boundary line of the D. Lombard Survey, ALstrart No. 784 and in Mayhill Road, a distance of 719.12 feet to a point for a corner; THENCE north 2°25'30" east along said present city limits, same being tea west boundary line of the C. Walker Survey, Abxcract No. 1330 and the east boundary line of the D. Lombard Survey, Abstract No. 7% and the D. Hough Survey, Abstract No. 646 ■nd in Mayhill Roal, a distance of 1140.8 feet to a point for a corner, same being the northwest corner of the tract described in Ordinance No. 83-L6; THENCE north 2° east Continuing along said lines and in said road a distance of 174b feet, more or loss. to the plats of beginning and containing 150 acres of land, more or less. SECTION II, r The above described property is hereby classified as Agricultural "A" District and shall to appear on the official soning map of the City of Denton, Texas, which map is hereby I amended accordingly. SECTION 111. This ordinance shall be effective immediately upon its passage, A-17/HANMSTT L WASH, INC./PAQ TWO r r : x 4 P y. r^sy"°_!'z'Th. n a f f t 1 g t iy^ a a,"' e t S .Lr 'r i y r I- t Introduced before the City Council on the .;3 fay of 1985. PASSED AND APPROVED by the Ctty Council on the day of 1985. RTCHAtU U. 5TEVA T o MA46Z CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: , i ,i A-17MAFMETT L NASN, INC./PAGL ThRIE / r a~ 'IM jt i 7~ ro 1 ° r i t. rh r rTl' i 1 , fy`wi tED A E N ~ AREA CITY OF D ' NTO N' X C , TEXAS , PLAN OF SERVICE FOR AN 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 RESOL%"ED 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 lines on the effective date of annexation, and ;hereafter 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 cf tha 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 monta after the effective date of annexation, A, k. a:La s 1 if' 1 i nt dr 65 s a 1' Qervice 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) Reconstruntion 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 this city will extend to the ara.,exed area on the effective date of annexation. City planning will 66eiaafter 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 enla»ged city, K, Electric Distribution (1) The city recommends the use of City of Denton for electric power, ~ p,;` f . ~ ~ y t . x • I i *s i i,.,g i l1 . ~ r a ~ ; ' ~ '"z 'A r ~ ~ 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 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. Ths annexed area will be considered for CIP planning in the up.aming C:P 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 aE all other areas of the city. i i ,G~;4 w ~~r.y i .y r. n fy eS..+z; t.. t r nl 7 lr rr t aA u ~ .y4y -~~F... ~v . *v~>r. 1 1~ N t ~ ter.. . 17 /oi IXI ± Ar17 ~ 1 \ f 1 pr aril , "1 d ':Y k : mac, r i)i d ) . . i C 1 L~ ` r ; tR ~ y4w ~ r I ~y a ,v ` A-17 ANNEXATION SCHEDULE February 251 1985 Submit agenda item February 26, 1985 Submit agenda back-up ''`March 050 1985 City Council sets date, time and place for public hearing March 06, 1985 Notice to Denton Record Chronicle March 081 1985 Publish notice and mailout March 11, 1985 Submit agenda item March 12, 1985 Submit agenda back-up *March 19, 1985 City Council holds public hearing March 20, 1985 Notice to Denton Record Chronicle March 22, 1985 Publish notice and mailout March 25, 1985 P'~umit agenda item March 261 1985 Submit agenda back-up *April 02, 1985 City Council holds public hearing April 15, 1985 Submit agenda item ✓ April 161 1985 Submit agenda back-up *April 23, 1985 Special called meeting of City Council to institute annexation proceedings April 251 1985 Ordinance to Denton Record Chronicle April 28, 1985 Publish ordinance May 27, 1985 Submit agenda iten May 28, 1985 Submit agenda back-up *June 04, 1985 Final action by City Council *Denotes action by the City Council 09648 w M n 4 'Zr if ~syl.T~"'.T1 T'It 9 _"_.,`'4~T'}^'ir4 Sy arw nre ~3 "v I 1 Minutes Planning and Zoning Commission March 13, 1985 The regular meeting of the Planning and ZZonin Coo~missipn 'So the City of Denton, Texas was held on Vednesdfy, Marcn 1, f 1985, at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Bill Claiborne, R.B. Escue, Jr., Cary Juren, Robert LaForte, Tom Pearson and Andy Sidor Absent: Ruby Cole Present from Staff: David Ellison, Senior Planner; Denise Spivey, Urban Planner; Cecile Carson, Urban Planner; Tina Hill, Intern; Joe Morris, Acting City Attor:+ay, Jerry Clark, City Engineer; Koorosh Olyai, Transportation Engineer; Ray Rumfield, Civil Engineer: and Debbie Boydaton, secretary 1. Approval of minutes of the regular meeting of February 27, 1985. Mr. LaForte made a motion to Approve the minutes of the regular meeting of February 27, 1985. Seconded by Mr. Sidor and motion carried unanimously (5-0). Mr. Escue arrived at the meeting. II. Considerations A. Recommend approval of the petition of R. 0. McDonnell for annexation of appps,)xime!ely 34.b acres of land situated in the M. Fot,est Survey, Abstract 417, and beginning approximately 250 feet south of and perpen- dicular to the centerline of FM 426 and approximately 2,000 feet east of Mayhill Road (l-14). Mr. Ellison stated this is the petition of R.0. McDonnell for annexation of approximately 34.b acres of land situated _"Sk1 friet south of and perpen- dicular to the centerline ct FM 426 and approximately 2,000 feet east of Mayhill Road. He stated the request is voluntary. This is the site of the request for two family and general retail land use with retail/ware- housing permitted. He added, a portion of the overall site is currently located witnin the city limits. Staff recommends approval of this request. Mr. Sidor made o. motion co recoatend approval of the petition of R.O. McDonnell for annexation of approxi- mately 34.6 acres of land situatal in the M. Forrest Survey, Abstract 417, and beginning approximately 250 feet south of and perpendicular to the centerline of FM 426 and approximately 2,000 feet east of Mayiiill Road (A-14). Seconded by Mr. LaForte and unanimously carried (6-0). B. Recommend approval of the petition of Hammett 6 Mash, Inc. and the City of Denton for annexation of approxi- mately 150 acres of land located west of Msyh111 Road, approximately 4,000 feet north of 1.35, and adjacent and north of the MKkT railroad (A-17). Mr. Ellison stated this request is for approximately 150 acres of land located vest of Mayhill Road approximately 41000 feet north of I-35 and adjacent and north of the MKkr Railroad. He stated Hammett and Nosh, Inc., have submitted a voluntary request for annakcition and light industrial zoning on a SO acre portion of this site. ? Pr 9 ih 77A P it Z Minutea March 13, IY85 Page 2 Staff is recommending annexing the additional 100 acres to incorporate all of tna area west of Mayhill Road. He added high intensity Development Guide pol4cies are applicable to this area. Ms. Mason Haggard, an area property owner, asked if it wuuld be required for the developer to build s fence. Chairman Claiborne answered that will be discuried on the zoning case which will also be heard at tnis meeting, Mr. Ellison added City Council will consider all of the annexation requests on March 19, 1985. I Mr. Escue made a motion to recommend approval of the petition of Hammett 6 Hash, Inc. and the City of Denton I for annexation of apppproximately 150 acres of land located west of May 11 Road, approximately 4,000 feet north of I-35, and adjacent and north of the MW Rail- road (A-17). Seconded by Mr. Sidor and carried unan- L (6-0). III. Consent Agenda Each of these itests is recomeended by the staff and approval thereof will be strictly on tha basis of the staff recom- mendation. Approval of the consent agenda authorizes the Director of Pllanning and Community Developmunt or his desig- nee to proceed with each item in accordance with the sr-iiff { recommendation. C A. Recommend approval of preliminary plat of the Creekside Addition. B. Recommend approval of preliminary -.let of the Kelsoe-Pitner Addition. Mr. Laft. a made a motion to approve the Consent Agenda. deconded by Mr. Sidor and unentmously ca-ried (6-0). IV. Public Fearings A. Z•1725. This is the petition of R. 0. McDonnell requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 39.4 acre tract located on the south aide of I'M 426 (East McKinney Street) approximately 2,000 feet east of Mayhill Road. If approved, the planned development will permit the following land uses: 5.9 acres - general retail 33.5 acres - duplex Ms. Spivey stated Chore were five reply, forms mailed to property owners and none were returned. Mr. Brian Burke stated as discussed at the previous meeting, he is representing the petitioner and has done the preliminary engineering including a preliminary plat. He stated they would like to have frontage alongg McKinney Street. He stated they are requesting 8 natal retail/office, He continued the warehouses will have office front& with storage in the back. Hi ;stated 1Sr, McDonnell, ppetitioner, would also like to have a cabinet shop, wi+olesale to builders with relit delivery and shipment. of I a . fi A" li s.t•:. aYe Ts v9 a rt;' 6 s 1-.' Wt^ tii'. v'q r ~r DATIt 04/04195 CITY COUNCIL rtEPO$fFQj& TO., Mayor and Members of the City Council I FROK: 0. Chris Hartung, City Manager SUBJECT: PUBLIC HEARING ZONING CASE Z-1725 RECOHMINDA : The Planning and Zoning Commission considered this item at i'ce meeting of March 13, 19859 and voted to recommend approval of Z-1725 by a vote of 6-0. SVMK RX: This is a request for a change In toning from the agricultural (A) classification to the planned development (PD) district on a 39.4 acre tract located on the south side of E. McKinney S!reet (F.M. 426) approximately 2,000 feet east of Mayhill Road. CK inOUND: This request is relatively consistent with Developmen. Guide policies for low intensity areas due to the provision of duplex or (2-F) housing in this proposal. The general retail area slightly exceeds D9velopment Guide limits for this type of development. P& GRAMS. DEPARTMENTS OR GROUPS &VI ECTED: Not applicable. FISCAL IMPACT: There is no Impact on the general fund. RA^.'.;1tfu&Aff sU e : 1 rf" Prepared by! 0. Chris Hartung City Manager Denise Spi ey Urban Planner App ved: N~boku '%Nxa, Min AN Jeff M e Director P n ng and Community Developmat 1009s. .:.t y 1 1 W PLANNING AND ZONING COMMISSION REPORT TO TVP CITY COUNCIL To: Denton city council Case No.: Z-1725 Meeting Date: June 41 1985 GENERAL INFORMATION Applicant: R. 0. McDonnell, McDonnell Enterprise P. 0. Box 50239 Denton, TX 76206 Status of Applicant: Owner/Developer Requested Action: Change in zoning from the agricultural (A) district to the planned development (PD) classification Location: South side of East McKinney Street, (FM 426) approximately 2,000 feet east of Mayhill Road Size: Approximately 39.4 acres Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Vacant, 3-174 (mobile hume park)! A South - Vacant, agricultural= outside city limits East - Agricultural, single family houses outside city limits West Agriculturalt A, outside city limits i Denton Development Guide: Area is designated low intensity. SPECIAL INFORMATION Utilities: The developer will need to extend a 16' wager line along FM 426 from Mayhill Road across property frontage. A 12" sewer line will be requi re l to be extended f roes the 11S0,rf creek outfall line Arough this property to the Meadow Addition. Electric, telephone, and gas service is available to the tract. (Case Z-1725) Page Two SPECIAL INFO11,ATION (continued) Engineering: Drainage is a significant consideration at this site. Detention and off-site discharge points will be required. Culverts and underground drainage pipes may also be required, Transportation: Access to East McKinney Street (FM 426) will be limited as per Subdivision Rules and Regulations. A collector street will be required down the center of the tract for access, Sidewalks will be required along East McKinney and the collector street. ANALYSIS This site ie contained in a law intensity blob on the overall concept plan of the Denton Dsvelopment Guide but is not located in a specific intensity stu6y area, The area is relatively free of development at the present time] therefore, a general inten- sity standard for the area would not be exceeded if this request were approved, Duplex or two-family (2-F) housing is consistent with low intensity area policies as these areas are set aside as the main residential areas of the city. This request was considered at the Planning and Zoning Commission meeting of February 27, 1985 and approved as a planned develop- ment for duplex and general retail land uses. The petitioner's original request for commercial use was modified to general retail with office/retail/warehouse privileges at the above mentioned meeting, Staff decided to readvertise the request as a second public hearing in order that it be more adequately advertised, Development Guide policies restrict office/retail/ commercial concentrations in low intensity areas to four acres in size: approval of this request would slightly exceed the limits established by the Development Guide policy, RECOMMENDATION The Planning and Zoning Commission recommends approval of Z-1725 by a vote of 6 to 0 with the following conditions: 1. A six (6) foot solid wood fence be erected along the southern boundary of the general retail section 2. Office/retail/warehouse facilities will be permitted in the approved planned development. r IT iL s4~ 1. ut 9+ y 'n'~ r, i d ~S( dk1 w Y y -1 4F .w (Case Z-1725) Page Three ALTEir AATYVES 1. Approve petition 2. Approve petition with conditions 3. Deny petition ATTACHMENTS 1. Location map 2. PD Concept Plan 3. Reply Form Totals 4. Property Owner List 5. Planning and Zoning Commission Minutes of the mrgtings of February 27, 1985 and March 131 1965 0682s c -r 0 5)0 smor w~ i ✓s% t 51a= Road 1 . I r I Z -1725 r Z ✓r~ . n ~ Z N z c~ R R i ~ r .+Yt ' ~ . ~ a3 w . 74ri7~ R4 i~X,Z~ ♦ ~ 4 r n/^ d., „ Z L Zr@ 5 . ♦ °4 i tit e • "i ~ ~ a . ~k'w~ n.i r . ~~;i r' ~a.♦~' r r~~r.. .i r w i r w ' Y1 l u Z •r r r .r w w • ~ / I w ~4.ti j!1 J n,T r is • • 1 i • • ' ' s l ~ Jt ~ 1 i J \ / 00 r PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1725 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received 39 41 iff, 11 1q n y r`.Y r r S F;,' ro:` "s 4 P A 2 Minutes February 270 198S Page 2 111. Public Hearings Af~L-172S. This 1% the pe'.ition of R. 0. McDonnell requesting a chang in toning from the agricultural (A) classification to the planned development (PD) district on a 39.1 acre tract located on the south side of FM 126 (East McKinney Street) approximately 2,000 feet east of Mayhill Road. If approved, the planned development will permit the following land uses: S.9 acres - commercial 33. S acres - duplex As. Spivey stated there were two reply forms mailed to property owners; none were returned. Pablo Rubio of Burke Englaeering, stated he is repre- seating Mr. McDonnell ano McDonnell Enterprises. He stated he is proposing S.9 acres of commercial along the frontage of the property and 33.S acres of duplex. He stated the proposed commercial development on the east will consist of a church and on the west side, office- warehouses. Chairman commented staff is recommending some type of store drainage retention. Mr. Rubio stated there is an existing stock tank where the retention pond would be. He explained the location and intent of the use of the pond. No one spoke in favor or in opposition to the request. Ns. Sppivey continued with the staff report that this site fs contained in a low intensity on the overall concept plan of the Denton Development Guide, but is not located to a specific Intensity study area. The area is relatively free of development at the present time; therefore, a general intensity standard for the area would not be exceeded if this request were approved. She stated duplex or two-family (2-F) housing is consistent with low intensity area policies as these areas are set aside as the main residential areas of the city. The second portion of this request contains approximately six acres of proposed commercial develop- ment. She continued Development Guide policies restrict office/retail/commerctal concentrations in low intensity areas to four acres in site. Approval of this request would violate that policy. General retail or neighbor- hood service toning would be a more appropriate buffer between the adjacent property proposed for two-family use and East McKinney Street. Staff recommends approval of 2-1715 with conditioas. Mr. McDonnell stated he is the owner of the addition shown on the transparency map. He continued, on the first tract, he is proposing a 60 foot wide concrete ppaarkin` lot for regular retail stores and will build a lance between duplexes and the shopping area, on the west side, retail warehouses. He stated there will be a 10 foot walk or covered porch in front of the shopping strip, which will be a nice area with brick veneer. Chair declared the public hearing closed. Mr. LaPorte commented be would not be in favor of approving the request as is, +ind wondered if it could be restricted to general retail with office/warehouse use. 3y P i. 'L minutes February 27, 1985 Page 3 Mr. Morris stated the Commission could impose any restrictions they wish. Hr. LaForts made a motion to recommend approval of Z-1725 as a planned development to include general retail with office/warehouse use. Mr. Ellison asked Mr. McDonnell to explain the office/v.arehouse section. Mr. McDonnell stated the offices will front the street and have windows and front doors, telephones, lust like an office and will be attractive. He stated they will consist of .lectricians, plumbers, and carpet people, mainly wnolesale dealers. On question from Mr. Sidor, Mr. McDonnell stated the werahctutes will be serviced from the back, but in a common building with the offices. Mr. Escue seconded the motion. Vote was called, and ,__motion carried unanimously (7-0). B. Z-1727. Thit is the petition of Hamaatt Is Naphs Inc. requesting a change in Boning from the agricultural (A) classification to the light industrial (LI) district on a $0.1 acre tract located on the west side of Mayhill Road 4,300 feat north of Interstate 35 North. If the zoning change is approved, the ?roperty may be used for any use permitted in the light industrial district by the City of Denton Zoning Ordinance. Ms. Spivey stated there were five reply forms mailed to property owners, none were returned. Ms. Mason Haggard and Hr. Don Cunninghan stated they are property owners in the area and did not receive notices. Oil yuesclon from chair, Ms. Spivey stated the pproperty is located 4300 feet north of 1.35E, outside the city limits. Mr. Ellison stated staff has a joint petition for annexation. Ms. Haggard asked for the names on the mailing list. Chairman Claiborne stated she could meat with Ms. Spivey after the meeting to sae the names on the mailing list. Hardy Burke, an area attorney, stated he is representing Hammett and Nash and he said as mentioned, they are also requesting annexation. He stated this change from agricultural i:o light industrial is consistent with what tcity plans are for the area and the master plan for light industrial. He stated Andrews is in the area and them are utilities available and would ask for Commis- sion s approval. On qqueation from chair, Mr. Burke stated no, there are no definate plans. The property is located near the railroad and we feel light irdustrial zoning would be suitable. On question from Mr. Sidor, Mr. Burke said no, all utilities are not available, we will have to extend lima for the sewer. ~ + r P 6 Z Ytnutes March li, 1985 Page 2 Staff is recom.ending annexing the additional 100 acres to incorporate all of the area west of Mayhill Road. He added high intensity Development Guide policies are applicable to this area. Ms. Mason Haggard, an area prcperty owner, asked if it would be required for the developer to build a fence. Chairman Claiborne answered that will be discussed on the toning case which will also be heard at this meeting. Mr. Ellison added City Council will consider all of the annexation requests on Marcn 11, 1985. Mr. Escue made a motion to recommend approval of the petition of Hammitt b Nash, Inc. and the City of Denton for annexation of apFproximately 150 acres of land located west of Mayh 11 Road, approximately 4,000 feet north of 1-35, and adjacent and north of the MK6T Rail- road (A-17). Seconded by Mr. Sidor and carried unan- imously (6-0). III. consent Agenda Each of these items is recommended by the staff and approval thereof will be strictly on the basis of the staff recom- m1ndation. Approval of the consent agenda authorites the Director of Planning and Community Development or t.is desig- nee to proceed with each item in accordance with the staff recommendation. A. Recommend approval of preliminary plan. of the Creekside Addition. B. Recommend approval of preliminary plat of the Kelsoe-Pitner Addition. Mr. LaPorte made a motion to approve the Consent Agenda. Seconded by Mr. Sidor and unanimously carried (6-0). IV. Publliic- Hearings A.t Z-1725. This is the petition of R. 0. McDonnell requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 39.4 acre tract located on the south side of FM 42b (East McKinney Street) approximately 20000 feet east of Mayhill Road. If approved, the planned development will permit the following land uses: 5.9 acres - general retail 33.5 acre+ - duplex Ms. Spivey stated theta were five reply forms mailed to property owners &rd none were returned. Hr. Brian Burke stated as discussed at the previous meeting, he is repiresenting thn pstLtion4r and has done tee preliminary engineering including a preliminary plat. He stated they would like to have frontage alongg McKinne; Street. He stated they are requesting o neral retail/office. He continued the warehouses will have office fronts with storage in the back. He stated Mr. McDonnell, petitioner, would also like to have a cabinet shop, wholesale to builders with rear delivery and shipment. I f. <1 a i Y rt ``a~ h a P i Z Minutes March 13, L985 Page 3 Mr. Suisun replied, a cabinet shop couli r,ot be permittei, as It would require commercial zoning. He added, Ms. Spivey will explain what is required to allow a cabinet shop. to one spoke in favor or in opposition to the request. Ms. Spivey stated, as Mr. Burke has indicated, this case was discussed at the last Planntng and Zoning Commission meetin3. She continued, staff has rcadvertised the zoning request to insure that proper notification of all owners of land has been done. She stated the request is basically the same proposal as presented at the previous meeting. She continual this site is in a low intensity area, but is not located in a specific intensity study area. The area is relatively free from development at the present time, therefore, a general intensity stan- dard for the area would not be exceeded if this request were approved. She continued, she has talked with Burke dngineering, and informed them that according to the City of Denton Zoning Ordinance, a cabinet shop is permitted in a commercial zone but not in a general retail district. Staff wouli not be in favor of grant- ing this a3dittonal exception to land uses permitted. in the general retail tote, as we feel it wouli set a presi- dent of commercial land uses at this location which are not suitable buffers for the duplex land use portion of this request. She stated staff recommends approval of the overall proposal with two conditions. Mr. Burke offered no rebuttal, but commented he is open to the Commission desires and wants to be consistent with the regulations. Chair declared the public hearing closed. Mr. LaForts male a motion to recommend approval of Z-,725 with the following condittonsi l) A six (6) foot solid wood fence be erected along the southern boundary of the general retail sectionr 2) Office/retail/warehouse facilities will be permittei in the approved planned development. Mr. LaPorte also commented he wouli itot be opposed to a cabinet shop, but feels petitioner shouli come back s:t a later date with that change. Mrs 6scus seconded the motion. Mr. Stdor asked for clarification, He stated he understood petitioner h&!. asked for commercial and the Commission denied that and now he is asking for general retail in lieu of commercial and Mr. Burke says their intent all along was for commercial uses. Staff is recommending approval for general retail, and asks] are we recommencing approval for a cabinet shop? Mr. Bscue answered no. Mrs LaPorte stated he foals petitioner should come back with that requests Vote was called and motion passed unanimously (6-0), ~ ' w~'•.a ~ . > . 4 r r . . M I v. . i". ; $-t z y i y ,i .mot, s_ F DATC 06/04165 CITY COVNCIL REPORT FORKAT t , and Members of the Cit Council T0. Mayor Y FROM: G. Chris Hartung, City Manager SUBJECT: PUBLIC HEARING ZONING CASE Z-1727 RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of March 130 19850 and voted to recommend approval of Z-1727 by a vote of b to 0. SUMMARY: This is a request for a change in toning from the agricultural (A) to the planned development (PD) district on a SO.1 acre tract on the west aide of Mayhill Road approximately 4,300 feet north of 1-35N. BACKGROUND: This request is consistent with the Development Guide policies for high intensity areas. The planned development will enable the City to restr!ct certain "undesirable land uses" in this area and ensure more efeicient planning of the infrastructure of this portion of the City. PROGRAMS, D:,PARTMENTS OR CROUPS AFFECTED: Not ap,.11cable. FISCAL IMPACT: There is no Impact on the general fund. Rasp ec ul subm tt G. Chris Hartung City Manager Prepared by: Denise Spi eyc Urban Planner Approv d: Jeff Meylt"NX Director o aan n and Community Developma t 0900,E PLANNING AND ZONING COMMISSION 47?ORT TO THE CITY COUNCIL To. Denton City Council Case No.: 2--1727 Meeting Date: June 4, 1985 GENERAL INFORMATION Applicant: Hammett and Nash, Inc. ~ 223 W. Hickory Denton, TX 76201 Status of Applicant: Engineer Requested Action: Zhange in zoning from the agricultural (A) classification t) the planned development (PD) uistrict Location: West site of Mayhill Road, approximately 41300 feet north of 1-35N Size: Approximately 50.1 acres Existing Land Use: Vacant Surrounding ::ia.. use and Zoning: North - Agricultural, vacant; A South - Agricultural] A, outside city limits East - Vacant; 5-165 (Allan Estates Mobile Home Park), outside city limits West - Vacant] PD Denton Development Guide: Area is designated low intensity. SPECIAL INFORMATION Drainage: It is recommended that detention be used to handle large amounts of run-off. F111 fv.5 M r i ,.l y.d ti... 1C 5 PPJ'.1 F n~ tf r.. 55 L (Case 1=1727) Page Two SPECIAL INFORMATION (continued) Utilities: 8" water line on Mayhill Road frontage is too small to supply water for this development. Proposed 24" water line extension on Shady Oaks and south along Loop 2Z8 to Spencer Road may be tied onto and extended west along Spencer Road to Mayhill Road and south across this property frontage. A proposed 12" water line will extend to the southeast corner of this development. Sewer service is currently not available in this area. The Pecan Creek outfall line crosses Mayhill Road approximately 4,001 feet north of this si.e. Electric service is available to the site. Transportation: willaappl soneMa hIllnRoad. Interior Pp Y Y streets should match proposed streets on Henry S. Miller tracts to the west and the south. The proposed southern alignment of Loop 288 will run through the eastern end of this tract. The Thoroughfare Plan shows an east-west collector street running through the center of this tract. Sidewalks will be *-!quired on all collector sized or greater streets. ANALYSIS This fifty acre tract is located in an area designated as one of three high intensity or major activity centers. Little or no control of intensity is proposed for major activity centers. In general high intensity areas are expected to be the major industrial, commercial and employment centers of the City. More particularly, land use diversity is encouraged in these areas. The Golden Triangle Yall major activity center is identified as the dominant center for the City in the Denton Development Guide. Late last year, a 300 acre planned development for light industrial, commercial and multi-family land uses was approved to the west and the south of this site. A request for unrestricted zoning on that tract was denied by the City Council. The approved planned develo meat will enable the City to restrict certain "so called" undesirable land uses in this area and ensure more efficient planning of the major roads, (Case Z-1727) Page Three ANALYSIS (Continued) drainage and utility systems for this area. Tne ligh'c industrial (LI) land use requested on this fifty acre: tract is compatible with surrounding zoning and Denton Development Guide policies for nigh intensity areas. RECOMMENDATION I -rhe Planning and Zoning Commission recommends approval of Z-1727 by a vote of b-U to a planned development with the following conditions: 1. The following land uses shall not be permitted in the approved PD: Amusement, commercial ioutdoor), Drag Strip or Commercial Racing Asphalt or Concrete Batching Plant (permanent) Brick Kiln or Tile Plant Dormitory, BUaiding or Rooming House Dump or Sanitary Fill Area Cemetery or Mausoleum Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel Fairgrounds or Exhibit Area Go-Cart Track Halfway House hatchery, Poultry Hauling or Storage Company Heavy Machinery Sales and Storage Home for Care of Alcoholic, Narcotic or Psychiatric Patients Livestock Auction Livestock Feeding Plant, Pens or Yards Mining or Storage of Mining Wastes open Salvage Yard for Rags or Machinery, etc Petroleums Collecting or Storage Facilities Private Utility Shop or Storage Yard Rodeo Grounds Sand, Gravel or Earth Sales or storage Stable, Commercial Rental Stable, Boarding Stable, Private Club Storage and Sales of Furniture or Appliances Outside a Building Theater, Drive-In 'rite Re-Treading or Capping Tool Rental Trailer Camp or Mobile Home Park Trailer Pental or Sales Used Auto Parts sales (Case 2-1727) Page Four RECOMMENDATION (continued) 2. A 6 foot solid wood fence shall be erected between the )etiticner's property and the Mason Haggard property if residential uses are proposed. The fence shall be erected before any construction or development occurs. ALTERNATIVES 1. Approve petition 2. Approve PD with conditions 3. Approve petition with additional conditions 4. Deny petition ATTACHMENTS 1. Location map 2. PD Concept Plan 3. Reply Form Totals 4, Property Owner Lists 5, Planning and Zoning Commission minutes of the meeting of March 13, 1985. 0683a T, AF dOp P0- TO , / .01~ 1 1 l S471 A ~ t I t 1 1 1 f Z -1727 1 S•165 y~ 1 r 1 1 1 'r ~ 1 1 P0.20 ~ ~ r~ I 4\ r . r 1 A ~ S•MIE~ I IUWK iN1 M 111tH 11tN Wl N M.H/a Kn 11 M Nrle mowle st- g . aw1ACI 444. Ksest CM fl. ttaY. atl WAI WITllt "A" M P4"t M LL►4 IIT"= to?" 1014 so" HIM, IstnK/ MI. perm coo". MAJ. Kln ALL r 1 CLLLt1 IALLM) 41.14 ICU t►Itl Koo a no a. $"=L A- TV LOW %ALLW Ln VIM 00 LY Me 4T M 3406" Irtl, SOMlo It Iwllr M1. PCs on. 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III thit 0113111 1, 11 qet lit MI11 r11ae1 semi 11 w1ass 11 111p.Ta )o IIeom rut ..as "Is •7LjQ-1- 111,11 1101 U/ mile ICY I /!!tins I/ 1M1 rot M W LM "I KI% IM k%"U" CNKL M YID LI KM "XVI 50.1576 &M 1.161.(1 Mrtt H Witus N 11ttfH M mKMM wt %l runs 1010 4" fit WT aRMUi Litt of MI/ 0. "No -9.0 a IL1J.1 of 1111.0 rill M 1110 101K Or Ll infix Loa 0l~1. W. 1 $0.1116 Kitt .1 -1" .r f►vowd Z"q . LqM w4Atrld G Pit 3 1 opln.e sale r•M/~ 1, ~ ANNEXAIr'W d ICM'MC °fl~ HAMMETT 6 NA5H, INC. 5Q 1576 Ames In The 641 DMS WNSU.TIN6 tMONEQRS 6 "VLYM Dov1d Hou~1ti",AWrod 60 i pSt Ilrp4peM1 eT 1•t-tS D(1rtd1, TCtIAt 74M tOt 114t QM'~11f) `IrROt aN 11e rlete r w PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1727 IN FAVOR IN OPPCSITION UNDECIDED Frances 14., %ilton None Received Route 7, Box 85 Mayhiil Road Denton, Tx 76205 382-3595 I a Z - ~ 72 40 I 7 O'x gy P i Z Minutes March 13. 1985 Page 4 r;0-01.727. This is the petition of Hammett i Nash, Inc. requesting a change in zoning from the agricultural (A) classification to tho plannei development (PO) district for light industrial (LIE uses on a 50.1 acre tract located on the west sale of Mayhill Road 4,300 feet north of Interstate 35 north. Ms. Spivey stated there were two reply forms mailed to property ownerai one was returned in favor ani zero in opposition. Mr. Hardy Burke stated originally this was a request for light tndustrtal zoning and it has now been changed to a planned development for light industrial uses with a list of prohibited uses. He explained the location of the property ani the railroad which comes in on a spur to this property. lie commented it developed as a residential area, we woull construct a fence between this property and the Mason Haggard property as per Ms. Haggard's request. Chairman asked Mr. Burke if he wo,313 consider constructing a fence regardless of the lanl use. He asked about a six (6) foot screening device. Mr. Burke stated they wouli prefer a chain link rather than a wool fence as it would require less maintenance. Ms. Haggard stated she resides adjoining ,'hts property and she plans to reside there, therefore the reason for requesting a fence. On question from Mr. LaPorte, Ms. Haggard stated yes, she would like a wood fence. Ms. Haggard indicated on the map the location of her prsaid they are operty, She also requesting indicated toning on the change on art of property her and where she could like the fence to be construct*]. Ms. Spivey stated staff has readvertissi the toning request to insure that proper notification of all owners of land has been done. She continues, this 50 acre tract is located in an area designatel as one of three high intensity or major activity centers. She stated little or no control. of intensity is proposes for .,%ajor activity centersr in general, ht h intensity areas are expected to be the major industrial, commarmial and employment canters of the city. She aided the light industrial land use requested on this 50 acre tract is compatible with surrounding toning and DW on develop- ment Outdo policies for high intensity areas. She also added that coniitton number two could be asendel to read, "any land use" rather than limited to construction if residential uses are proposed. Staff recommendo approval with two conditions. Mr. Sidor commented someone should define the necessity for the fence, He asked if residential development occurs on the south side of this 50 acre tract, should a fence be constructed on the north side. Chairman answered yes, Mr. Sidor asked it the petitioner is proposing residential use. Mr. Burke answered no, they are not, 77 j P & Z Minutes March 13, 1985 Page 5 Like • y Burke offered n rebuttal &'chain link or wire b fence added with etal would to posts as it would be less maintenance. He stated if any of the tract is used for residential purposes, construct a fence. Chair declared the public hearing closed. Chairman Claiborne commented he feels the isstu) is, wrat type of fencing should be required. He continued it would appear for the privacy of the adjoining land } o•rners, they may want a solid wood fence with any land If use. i mad r-0 27Pwith theefollowing conditioaend approval of M 1) The following uses shall not be permitted in the approved PD: Amusement, Commercial (outdoor), Drag Strip or Commercial Racing Asphalt or Concrete Batching Plant (permanent) Brick Kiln or Tile Plant Dormitory, Boarding or Rconing House Dump or Sanitary Fill Area Cemetery or Mausoleum Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel Fairgrounds or Exnibit Area Go-Cart Track Halfway House 1 Hatchery, Poultry Hauling or Storage Company Heavy Machinery Sales and Storage Home for Care of Alcoholic, Narcotic or Psychiatric Patients Livestock Auction Livestock Feeding Plant, Pens or Yards Minin or Storage of Mining Wastes Open .alvage Yard for Raga or Machinery, etc Petroleum Collecting or Storage Facilities Private Utility Shop or Storage Yard Rodeo Grounds Sand Gravel or Earth Sales or Storage Stable, Commercial Rental Stable, Boarding Stable, Private Club Storage and Sales of furniture or Appliances Outside a Building Theater, Drive-In Tire Re-Treading or Capping Tool Rental Trailer Camp or Mobile Home Park Trailer Rental or Sales Used Auto Parts Sales 2) A six (6) foot solid wood fence shall be erected between the petitioner's property and the Mason Haggard pro arty if residential uses are proposed, The fence shall be erected before any construction or development occurs. i 1 Seconded by Hr. Escue and unanimously carried (6.0). DATE% 06/04/85 CITY COUNCIL REPORT FORMAT TO. Mayor and Members of the City Council ` FROM,. G. Chris Hartung, City Manager SUBJECT: PUBLIC HEARING ZONING CASE Z-1649 RECOMMENOATION: The Planning and Zoning Commisstin considered this item at its meeting of May 8, 1985 and voted to recommend denial of the amendment to planned development (PD-81, Z-1649) by a vote of 6 to 0. SUMMARY: This is a request to amend planned development (PD-81) by deleting a condition that would require the developer to pave both sides of Collins Street from Fort Worth Drive to Cleveland Street. 4ACKGRWM : Via project will generate a substantial amount of traffic on an unimproved residential street and could require increased city expenditures to allow proper road access. Approval of this amend- ment would be a violation of the user fee policy the City has attempted to follow in vacant times, P-ROGRAMS. DEPARTMENTS OR G&OUPS AFFECTED: Not applicable. FISCAL IMPACT: There is no impact on the general fund. RespeciiEul subm tt : i G. Chris Hartung City Manager Prepared byt 112.t11~~t .(le roc, Denise 8piv6y Urban Planner Approvedt \~Wu - I Jiff M Director and Community Developmant 0618j PLANNING AND ZONING COMMISSION REPORT TO THE CITY COUNCIL To: Denton City Council Case No.: Z-1649 Meeting Date: June 4, 1985 GENERAL INFORMATION Applicant: City of Denton 215 E. McKinney Denton, Texas 76201 Status of Applicant: Owner/Developer's Representative Requested Action: Amendment of planned development (PD-81) to revise the following condition: 'Both sides of Collins Street from Fort Worth Drive to the intersection of Collins and Cleveland street shall be improved by the developer. Half of Cleveland Street across the entire frontage of the subject tract shall be improved per normal City of Denton perimeter street regairements. Street improvements may occur in phases or as development occurs." The developer wishes to improve only half of Collins Street from Fort Worth Drive to the intersection of Collins and Cleveland Street. Location and Size: This is an 8.74 acre tract located at the southwest corner of Hwy 377 and Carroll Boulevard. Surroundit,g Land ese and Zonin;: North - Single family residential, Dayton Tire Store, multi-family; SF-7 South - Commercial strip; C East - Fort Worth Drive, commercial strip; C West - Single family residential; SF-7 Denton Development Guide: Area is designated as low intensity. (Case 2-1649) Page Two SPECIAL INFORMATION Drainage: A detailed drainage study and plans are currently being reviewed for this site. Most of the drainage will be carried on Fort Worth Drive. Utilities: Adequate electrical, gars, telephone and cable T.V. services are in place or available for exteneion to this site. Water facilities are available to the site. A sewer 'line is available to the site 'out some use restrictions will apply until capital improvement works are undertaken to upgrade the sanitary sewer system along Eagle Drive. Transportation: Collins and Cleveland streets are both substandard residential streets subject to perimeter street paving requirements, The devi3lope► is automatically responsible for improving half of unimproved perimeter streets along Lhe entire frontage of the tract in question (adequate right- of-way dedication and 17 feet of pavement, curb and gutter). The approved planned development ordinance requires the developer to improve both sides of Collins Street from Fort Worth Drive to its intersection with ^leveland Street. The street improvements may be made in phases. The developer wishes to pave only one half of Collins Street from Fort Worth Drive to Cleveland Street. ZONING HISTORY on June 19, 19840 the City Council approved a planned development on an 8.7 acre tract located at the southwest corner of Fort Worth Drive and Collins Street, The appr: 'ed planned development permits the following land uses: (1) residential land use on four acres at 10,5 unite per acres (2) a single story 2,400 square foot retail site) (3) a two-story 6,000 square foot restaurant, and (4) a maximum of two office sites not exceeding 20,000 square feet each and not exceeding Lhrea stories, The following conditions are attached to the planned development: (Case Z-1649) Page Three ZONING HISTORY (Continued) 1. Both sides of Collins Street from Fort Worth Drive to the intersection of Collins and Cleveland Street shall be improved by the developer. Half of Cleveland Street across the entire frontage of the subject tract shall be improved per normal City of Denton perimeter street requirements. Street improvements may occur in phases or as development occurs. 2. If a minimum 25% of the total development is not completed in five (5) years, the parcel shall be considered for back zoning to its previous SF-7 classification. ANALYST-G3 The Planning and zoning Commission and City Council have the authority to require off-site improvements as a condition of approval of planned developments. One of the requirements of the approved planned development was the paving of both sides of Collins Street along the full frontage of the development. The above condition was imposed to handle the effect the development would have on the immediate neighborhood. Memorandums from Jerry Clark, City Engineer, and Koorosh Olyai, Transportation Engineer, detailing the effect the development will have on Collins Street are attached. No access to the proposed development is permitted from Fort Worth Drive, A single driveway on Collins Street will serve the retail/office/restaurant portion of the planned development. This project dill generate a substantial amount of traffic on an unimproveC residential street and could require increased City expenditures to allow proper road access. In recent times, the City has attempted to follow a user fee philosophy to ensure that all taxpayers will not have to pick up the tab generated by one development. Approval of this amendment would be a violation of that policy. RECOMMENDATION The Planning and Zoning Commission recommends denial of the requested amendment by a vote of 6 to 0. ' .r r s •.r > cvr e..: iM r - i`:r ...:xs.. s. ~T~C • a.r : Y ! ~ (Case Z-1649) Page Four ALTERNATIVES 1. Approve amendment 2. Deny amendment ATTACHMENTS 1. Location Map 2. Staff Report Z-1649 3. Memo from Jerry Clark 4. Memo from Koorosh 01yai 5. Reply Form Totals 6. Property Owner List 7. Planning and Zoning Commission Minutes of the meeting of may 8, 1985. 11639 q Y r ~ 2 Al a \ A ADgTOM ' ~ t 316 Y a4 ` • _JtJY eaJ ~ AoaTKNt all 29 2 20y 1 e FLOCK ' to~1 24 93 92 94 I 26 23 ~ 1 4 23 ! w ll 2Y !S u~2 I I l 4 it y 44 2 1] f A I 1 313 1 11 j t j u I i t ! U Y_ i ; 4 I! h i 3e2 - _ J. ~ ~ j tJ 2 , f t_ ~ EI w S ] •:fS y _"ems- 1h JACK WSCO 4 eMTe'Ye 1 ..1* = r . Appipll wcc. at a 2 r d~ 1 4 3 2 •ti ~Y 4 4 4 3 t •A ~ ~ 21 31l J i 312 ~ _ F.. I 1 3 a I t T` re i • rl I it t. „ r _ l inw • i~ OF I.6 s I]~LT 4 4 PLANNING AND ZONING COMMISSION _ REECOMXENDATION TO TFE CITY COUNCIL To: Denton City Council Case No.: Z-1649 Meeting Date: May 22, 1984 GENERAL INFORMATION Applicant: Christopher Bancroft 1621 N. Elm Denton, TX 762! Status of Applicant: Prospective Developer Requested Action: Change in zoning from single family (SF-7) to the planned development (PD) classification for the following land uses: 1. Residential on 4.00 acres at 10.5 units per acre 2. One story retail (maxim-,,m 2,400 square feet) 3. Two story restaurant (maximum 6,000 square feet) 4. Offices (maximum of two struc- tures not exceeding 20,000 square feet and three stories each) Purpose: Development Location and Size: Approximately 8.74 acres beginning at the southwest corner of Highway 377 f and Collins Street 1 Existing Land Use: Abandoned residence, burned struc- ture, single family residential, vacant 77 777 ~Q. ;gyp, i 7~' w• :ti 't ty e. ! (Case # Z-1649) Page Two GENERAL INFOPUTATION (Continued) Surrounding Land Use E and Zoning: North - Single family residential, Dayton Tire Store, multi-family; SF-7 South - Commercial strip; C East - Fort Worth Drive, commercial strip; C " West - Single fam'_ly residential; SF-7 Denton Development Guide: Area is designated as low intensity. SPECIAL INFORMATION Physical Characteristics: This site slopes upward substantially towards the west. Occupied, abandon- ed and burned residential structures exist on a portion of the 8.74 acres. Vegetation consists of trees, grass, brush and weeds. Transportation: Collins and Cleveland Streets are both substandard residential streets subject to perimeter atreet paving requirements. This development will obviously impact existing public streets if approved and built as proposed. The developer is auto- matically respcnsiule for improving half of unimproved perimeter streets along the entire frontage of the tract in question (adequate right- of-way dedication and 17 feet of pavement, curb and gutter). The Planning and Zoning Commission and City Council have the authority to t~;-quire off-site inprovenents as a condition of approval of planned developments. One of the Planning and Zoning Ccnmissicn recommendations is that the developer improve both sides of Collins Street frcn Fort Worth Drive to Cleveland. The 1 UT 1~ , .,v r .r 'q . 5'. M ,p ..r a (Case *Z-1649) Page Three SPECIAL INFOR."'.ATION (Continued) Transportation: developer is proposing a two stage project and the condition for streets allows improvements to be made in phases as well. Fort Worth Drive is not subject to perimeter street paving requirements. Traffic: The City transportation engineer has reported that all affected streets have adequate capa--ity to serve the proposed development. When specifi- cally asked about possible stacking problems at the intersection of Ft. Worth Drive and Collins, the response was that any stacking problems would affect the flow of traffic in front of the development itself as opposed to the flow of traffic on Fort Worth Drive. No access to the proposed developrent is planned from Fort Worth Drive. A single driveway on Collins is shown to serve the proposed retail/office/ restaurant portion of this request. No plans for access to the residen- tial portion of the request are shown. Staff has no problem with access as proposed at this stage. Drainage: Runoff factors will exceed those of the master drainage plan according to Engineering Department comments in attached Development Review Committee minutes. Most of the drainage will be carried on Fort Worth Drive. A detailed drainage study and accept- able facilities ;.lust be submitted and planned during the platting stage. Specific questions about drainage have been raised in a couple of reply forms returned to staff. 7777] (Case :Z-1649). Page Four SPECIAL INFOI!iMATIOIN (Continued) i Public Utilities: Adequate electrical, gas, telephone and cable T.V. services are in place or avai'.able for extension to this site. Please refer to attached Development Review Committee minutes for detailed comments on the status of water and sewer facilities, capabilities and requirements. LAND USE INTENSITY/DENSITY ANALYSIS Intensity is the key to policies governing land development in the City of Denton and it is the key factor in this request as well. The importance of the intensity factcr varies and is not always emphasized by staff but it is crucial to remember that intensity is concerned with defined planning areas, neighbor- hoods or the community at large as opposed to the specific site of a development proposal or change in zoning request. Indivi- dual site planning questions and specific features of incre- mental development proposals are obviously considered when seeking to comply with development objectives such as protec- tion of older neighborhoods and adjacent residences. This request is a glaring example of a proposal that is positive and full of promise from a site specific and incremental standpoint, but is not satisfactory from a comprehensive, overall intensity standpoint. A detailed intensity analysis based on both existing land use and existing zoning will follow. The conclusion of the intensity analysis is the total intensity standard for this neighborhood or study area will be violated if the proposed development is approved. The standard would be violated utilizing both existing land use and existing zoning (if undeveloped land was developed ender existing zoning, the intensity standard would be violated without approval of this request.) The petitioner has expressed what appears to be a genuine desire to develop the site. Preliminary staff review and discussions began severael months ago and many technical problems have been solved in a conceptual sense. However, the fundamental problem with intensity was not resolved. The petitioner has indicated that it is not economically feasible to reduce the amount cf intensity density in the proposal to a level within the L (Case IZ-1649) Page Five LAND USE INTE_VSITY/DENSITY ANALYSIS (Continued) area standard and still come away with an economically viable project. The petitioner also conferred with staff extensively in an attempt to better understand the intensity issue and explore methods of overcoming a negative intensity rating. The three (3) alternatives discussed were: 1) Urge the Planning and Zoning Commission and City Council to change the intensity policy and standard for this area (designating it as a higher activity or intensity center as part of the annual Development Guide update procedure or during an incremental zoning pro- cess); 2) Purchase development rights from owners of property with existing high intensity zoning; and 3) Convince the Planning and Zoning Commission and City Council to ignore the importance of intensity and the comprehensive impact of this proposal. The most subjective element of the intensity study process is the much discussed question of "where the blobs are", or nore succinctly, how are the boundaries of a study area defined? In this case the developer requested to have his proposal included in s nearby moderate intensity node as opposed to the 128 acre low intensity area defined by staff. The question of how the intensity boundaries are determined is addressed in attachment 04. Staff did not analyze intensity of this proposal based on moderate standards. If it were done it is felt that this devel- opment would exceed the standard by a greater margin given the amount of existing commercial, retail and other high intensity land uses and zoning in the nearby moderate area. The Plann.cig and Zoning Commission considered the intensity question very carefully during its public hearing. But, after weighing the pros and cons of this proposal, there was a con- sensus that the negative intensity factor should not outweigh the positive aspects of the request. CONCEPT PLAN ANALYSIS The concept plan for zoning is not detailEd to the point that it defines exact building locations, specific type of residential structures, type of screening, architectural treatment, recrea- tiowil facilities and open space, setbacks and access for the residential section. Detailed and specific site plan approval is a s:andar8 requirement for planned developments of this type and staff feels that the current concept plan provides enough information on which to base a decision on the proposed planned development (PD) zoning. 'rti'Yt ?~i -a-~ry"~ls i~-sy it T =°t r,yy-r--r ih~ ar : ~•,.r r s~ n (Case #Z-1649) Page Six CONCEPT PLAW ANALYSIS (Continued) ' The idea of defining maximum density for the residential section and approving the type of housing at a later date has been uti- lized in previous planned developments. The proposed 10.5 unit { per acre maximum is considered top of the scale, moderate f! density housing. Staff is of the opinion that the density t should be reduced slightly (8 unit per acre range is prefer- able.) The petitioner has indicated that more detai's on the residential section may be available at the meeting. Staff envisions some variation of a duplex, fourplex or townhouse theme. The residential section is planned for the latter stages of development. The'residential land use should not be overlooked when analyzing the office/retail and restaurant portion of this request. Buffering, neighborhood integrity and other site planning issues are as important to the housinq section as they are to the high intensity section. Also, it is extemely important to insure that some housing is provided before the higher intensity land uses fully develop if this request is approved. Officc/retail and restaurant use at this site with high visi- bility potential should be tastefully done and utilize as zany natural amenities as possible. Detailed plans showing archi- tecture, landsnaping, screening, height of structures and signage should be scru-inized as much as possible. The peti- tioner is aware of the need for future strict review of development plans for this site. Conceptual plans for access are acceptable. The parking area may need to be looked at further during review of detailed site plans if the petition is approved. (Case #Z-1649) Page Seven FECOMMENDATION The Planning and Zoning Commission recommends approval of Z-1649 by a vote of 6-0 with the following conditions: 1. Both sides of Collins Street from Fort Worth Drive to the intersection of Collins and Cleveland Street shall be im- proved by the developer. Half of Cleveland Street across E the entire frontage of the subject tract shall be improved per normal City of Denton perimeter street requirements. Street improvements may occur in phases or as development occurs. 2. If a minimum 25 percent of total development is not con- pleted in five (5) years the parcel shall be considered for backzoning to its previous SF-7 classification. ALTERNATIVES 1. Approve petition with conditions 2. Approve petition without conditions 3. Approve petition and modify corresponding Development Guide intensity policies 4. Deny petition 5. Negotiate with developer and modify petition 6. Table for future consideration ATTACHMENTS 1. Aerial 2. PD concept plan 3. Zoning information provided by developer 4. Intensity information concerning definition of study area boundaries 5. Development Review Committee minutes of December 6, 1983 6. Reply form totals 7. Property owner list 8. Planning and Zoning Commission minutes 3f April 25, 1984 0192s y a ~ gF r :.l C -0 .p 'i~~..~i.# ' .t`GT ~ •.s.oT t,. r 1 ~?,Y Lek ' ♦ • will , cjLtvuwo s r. i 1 ,A II`Illililt:I~J~ !r tlllilillllllfllllli Illll+ 'Mill _ I ~ III I ( Iff I ~ III N I I I II}III 1111 rV IIIII I ! r I 'li I lillilll1111~, ' 1 1D C1TYol DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE I8i1) 566.8200 M E M O R A N D U M DATE: April 19, 1985 TO: Denise Spivey, Urban Planner FROM: Jerry Clark, City Engineer RE: Bancroft Zoning Case/Collins Street The access for this development will mainly come from the Collins Street driveway. Mr. Bancrofts tract is not large but will have the following estimated trip generations based on 8.7 acres. Retail and Restaurant - 1690 Trips/Day Office - 805 Trips/Day Residential - 409 Trips/Day 2904 Trips/Day With about 2900 trips per day on on unimproved (seal coated) street rapid deterioration could occur. This could involve the city naving to rehuild or patch the north portion for about 125 feet. The enclosed sketch shows the location and condition of the existing street. In summary, the traffic created from this development could require increased city expenditures to allow proper road access. It is a judgement for the Council to decide if the quality gained from this development justify future maintenance increases. Sincerely, J r y la k, P.E. E eer 1s 0028SE i CITY OF DF.NTON MEMOMiL UM TOs Denise Spivey, Urban Planrer FROMs Koorosh Olyai, Traffic Engineer DATES April 24, 1985 SUBJECT: 2 1649, BANCROFT ZCFING CASE The total number of trips generated frorl the subject development is estimated to be 2,397 vehicles per day. TLVse trips will access to and from the development via Collins Street. Thd table below lists the spec±fic uses and their associated trip generations. USE AREA DENSITY RATE (TRIPS/DAY) TRIPS AY Residential 4.0 acre 10.5 DU/acre 10 420 Retai? 2,400 Sq. Ft. - 117.9/10000 G.S.F. 2R; Restaurant 60CC0 Sq. Ft. - 164.4,/10000 Sq. Ft. 966 Office 101000 Sq. Ft. - 17.7/1,000 G.S.F. 708 TOTAL 2,397 Please note, off. ,cction is assumed not to have any medical ri+rpose lifer, fog wr,ieh thi trip generation rate is 54.6 trips/day per 1,000 crosL square feet. Your memorandum dated April 18, 19850 ciily asked for the above provided information. If yon feel the Council may need additional information such as loading characteristics, area impact analyal s, etc., please call. Koorosh Olyai KO/sc tr kECEIVED APR 2 6 1,485 k PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1649 (for 6/4/85 p.h.) IN FAVOR IN OPPOSITION UNDECIDED J. W. Peckham None Received Route 1, Box 317 Argyle, TX 76226 464-3257 a r,.3 .n s d r ..r ♦ ti 4 PROPERTY'OWNER LIST - Z-1649 Cecil Rogers Lois E. Daniel 1514 Eayte 320 Collins Denton. Texas 76201 Denton, Texas 76201 Dickey D. Charles H. C. Fanning 1011 Cleveland Ranchette Estates Denton, Texas 76201 Keller, Texas 76248 James P. Sparkman Robert S. Huffaker South Hwy 5 402 Collins Valley View Trailer Park #112 Denton, Texas 76201 McKinney, Texas 75096_ F. D. 8locker Robert Be Cobb 410 Collins 1112 Broadway Denton, Texas 76201 Denton, Texas 76201 Norman Shum Ben L. Smith, Jr. 11031 Wallbrook 11519 Rosser Road Dallas, Texas 75238 Dallas, Texas 75229 Ronnie Bybee Chris Bancroft 405 Ft. Worth Drive P.O. Box 1395 Denton, Texas 76201 Denton, Texas 76201 TimPto's Inc. Zeke Martin, et al 407 Ft. Worth Drive 417 Ft. Worth Drive Denton, Texas 76201_ Denton, Texas 76201 Martin Eagle Oil Co. 0. W. Smith 2700 James St. P.O. Box 122 Denton, Texas 76201_ Frisco, Texas 75034_ James McMahan James Clyde Ferrell 501 Ft. Worth Drive 1117 Cleveland Denton, Texas 76201 Denton, Texas 76201_ James H. Barrow Zeke Martin et al 1521 San Gabriel 2700 James Denton, Texas 76201 Denton, Texas 76201 John D. Doncaster McCullar b Associates, Inc. P.O. Box 2146 1014 Dallas Drive Denton, Texas 76201 Denton, Texas 76205 Bill C. Payne 520 Ft. Worth Drive Denton, Texas 76201_ Marvin F. Wills 607 S. Locust Denton, Texas 76201_ J. D. Dotson 1108 Cleveland St. Danten„ Texas 76201_ James Peckham Rt. 1 Arqyle, Texas 7622E. P a Z Minutes May 8, 1985 Page 2 III. Public Hearings A. Z-1649. Petition of the City of Denton requesting an amen Tient to planned development (PD-81), an 8,74 acre (UNAPPROVED) tract located at the southwest corner of Highway 377 and Carroll Boulevard. The current planned development includes office, retail and restaurant land uses. A condition attached to the planned development reads as follows: "Both sides of Collins Street from Fort Worth Drive to the intersection of Collins and Cleveland Street shall be improved by the developer. Half of Cleveland Street across the entire frontage of the subject tract shall be improved per normal City of Denton perimeter street re- quirements. S~reet improvements may occur in phases or Ps development occurs.' The developer wishes to amend the condition listed above to state that he be required to improve only half of Collins Street from Fort Worth Drive to the intersection of Collins and Cleveland Street. Twenty-seven notices were mailed to property owners within 200 feet, no reply forms were received in favor or in opposition. Mr. Juren left, chamber stating that he has a conflict of interest. PETITIONER: Denise Spivey, rt.nresenting the City of ZJeon, explained that proposal for amendment of the approved ordinance is before the Planning and Zoning Commission as some City Council members questioned the fairness of requiring this developer to improve both sides of Collins Street when only one side is required by the subdivision regulations. In order to amend that condition of the PD, another public hearing is required. Christopher Bancroft, owner/developer, stated that the majority of the City Council feels the condition is inap- propriate considering the arbitrary and unusual nature of the condition. He questioned how many other developers have been required to bear the extra burden that is being required of him. He commented that doubling his imprave- ments has removed part of the advantage of receiving in- dustrial revenue bonds, He asked that the Planning and Zoning Commission accept this economic wish of the City Council by voting for the amendment, P Z Minutes May 8, 1985 Page 3 IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Spivey stated that land use issue is no a cons eration, that was decided at the original zoning hearing. The only question to be considered is the condition requiring improvement of both sides of Collins Street from Cleveland to Fort Worth Drive. She continued that subdivision regulations require all developers to improve one half of their street frontage. This particu- lar tract has no access from Fort Worth Drive, the only access is from Collins Street which is an unimproved residential street. She referred to memorandums from City Engineer and Traffic Engineer stating that proposal will generate between 2330 and 2900 trips per day, which trips will have a substantial effect on this unimproved street requiring considerable city expenditures for maintenance. She said that yhe city has at:-smpted to follow a user fee philosophy so that all citizens will not have to bear cost generated by one developer and this amendment would violate that policy. Staff recommends denial, Mr. Pearson asked if developer could receive pio rata payback on the street ;Ake is done on utilities. Ms. Spivey answered there is no payback on streets, that streets are improved under assessment program or with regular tax money. Mr. Pearson commented that since development is changing the nature of this street, he thought additional right-of-way might be appropriate. Ms. Spivey explained that Collins Street is not shown on approved thoroughfare plan as a collector street, that adequate right-of-way exists for a residential street and city cannot arbitrarily ask for anything in excess. Mr. Morris said there may be a problem requiring off site improvements in planned developments that are not normally required. REBUTTAL: None offered. Public hearing closed. Y \ iiw P b L Minutes May 8 1985 Page 4 DECISION: Mr. LaForte commented that generated traffic necessitates off site improvements; that it is a long standing procedure of Planning and Zoning Commission 20 require off site improvements. Mr. Sidor commented that normally Planning and Zoning Commission does not require developer to improve the whole street, just one-half, but considering the location of the tract and the fact that they could not have access from Fort Worth Drive, all traffic would have to o to Collins Street for access. Considering the amount of traffic that would be generated by this develo ment, especially the restaurant, the Commission felt i was a legitimate cordt- tion so all taxpayers would not have to bear the cost. Mr. LaForte said that developer cave in wanting to change the nature of the neighborhood which was residential. If this improvement was not required, then the people to the north would have to pay assessment which would be unfair to them, or all citizens would have to pay. He continued that developer was asked several times if that was accept- able and he agreed. He added that developer does not have to pay anything on Fort Worth Drive. Mr. Sidor further stated that developer was required to only improve one half of Cleveland as it would not be an access street. Mr. Pearson said his only question was since improvements over the ordinary were being required, was any payback possible. He questioned whether changing generated traffic should require widening of street and dedication of additional right-of-way. Mr. Claiborne commented that developer was also granted a waiver on sewage improvements, that the sewer system will be upgraded under CIE' in next two to three years. He said there was a trade-off, that some considerations were given to developer in exchange for his assuming improvement of all Collins Street abutting his property. Mr. Escue moved to deny amendment to PD-81. Seconded by Ms. Cole and unanimously carried (6-0). Mr. Juren returned to the meeting. r1 q.'n" r r w. fy 1 DATEt 664444 CITY COUNCIL REPORT NOW TO., Mayor and Members of the City Council FROM: G. Chris Hartung, Ci+.y Manager SUBJECT: PUBLIC HEARING Zo&i[NG CASE Z-1733 KWMMBNDAT ION : The Planning and Zoning Commission considered this item at its meting of May 8, 1985, and voted to recommend denial of Z-1733 by a vote of 7-0. SUMMARY: This to a request for multi-family (MY-1) zoning on a 7.2 acre tract located south of I-358 and east of Lillian Killer Parkway. ,gXCKGROUND: This request s an attempt to elcar the confunion rssulting from an earlier toning request. The requested zoning is not consistent with Development Guide policies for the area, as the Intensity standard is already exceeded by 78x0 and unrestricted multi-family toning would not, be a suitable tuffer for the existing residential area to the west. PRWIAMS. DSPARIMSNTS OR JWUPS AFFECTED: Not applicable, FISCAL IMPACT: There is no impact on the general fund. Respectfully subatit d: G. hrls art ng City Manager Prepared by: Denise Spt y Urban P1►nner Appr ved: Jetf Diroa ' and Cotwannlty Developaw nt 1006a "i F a t Y, PLANNING AND ZONING COMMISSION REPORT TO THE CITY COUNCIL To: Denton City Council Case No.: Z-173 Meeting Date: June 4, 1985 GENERAL INFORMATION Applicant: City of Denton 215 E. McKinney Denton, Texas 76201 Status of Applicant: Owner/Developer's Representative Requested Action: Change in zoning from the two-family (2F) to the multi-family (MF-1) district. Location and Size: This is a 7.2 acre tract located south of I-35E and east of Lillian Miller Parkway. Surrounding Land Use and zoning: North - Skaggs retail centar, vajant; GR South - Vacant; SF-10, PD-87 East - Vacant, agricultural; A West - Vacant; PD-870 SF-16 Denton Development Guide: Area is designated as moderate intensity. SPECIAL INFORMATION Drainage: Water flows from the north and .test across this property and will have to be handled before development may occur on the property. Transportation: The property has no street frontage. Access could be from 1-35E or Lillian Miller Parkway. Utilitier+: Electrical, gas, and telephone service is available to the property. A 12' water line and 8' sewer line are located on Lillian Miller Parkway near the property frontage. There is also a 14' water line located along I-35E. (Case 2-1733) Page Two ZONING HISTORY In February, 1980, Mr. George Hopkins, representing the Henry S. Miller Company, filed a request for a change of zoning from the agricultural (A) district to the planneu development (PD) classification on an 84 acre tract located south of I-35E and east of Lillian Miller Parkway. Mr. Hopkins also represented Mr. F. C. McNeill, owner of a 7.2 acre section of the proposal. The original request on the 7.2 acre tract in questioi was for multi-family (MF-1) zoning. The Planning and Zoning Commission held a public hearing and reduced the density on this tract to multi-family (M?.-R). The minutes of the March 4, 1980 City Council meeting indicate that the Council approved MF-R zoning on this tract with the provision that two rows of duplexes be constructed along the southern boundary of the tract. The officially adopted ordinance indicates that the entire 7.2 acre tract is zoned for two-family or duplex development. Upon inquiry, a request was submitted to the Legal Department for advice in this matter. An opinion from Joe Morris, Assistant City Attorney, stating that the ordinance is valid is attached to this report. Mr. McNeill now desires to have the originally requested multi-family (MF-1) zoning restored to this site. ANALYSIS This 7.2 acre tract is located on the southern border of a moderate intensity area which is approximately 78% over the standard based on existing zoning, Increasing the zoning on this tract will only serve to aggravate the situation further and add more traffic to an already heavily congested area. Furthermore, multi-family (MF-1) zoning is not an appropriate buffer for the existing and proposed single family areas approved to the south and west of this tract. PD-87 permitting single family detached land use with a density of six units per acre is located immediately adjacent and south of this tract. Additional two-family (2-F), single family detached (4.3 units per acre) and single family detached (SF-16) are located to the west of this lot. Unrestricted multi-family zoning would not allow the establishment of any conditions to protect the existing low density residential area to the west. RECOMMENDATION The Planning and Zoning Commission recommends denial of Z-1733 by a vote of 7to0. F ryrr r _ i . (Case 2-1733) Page Three ALTERNATIVES 1. Approve petition 2. Deny petition ATTACHMENTS 1. Location Map 2. City Council Minutes of March 4, 1980 3. Adopted ordinance for z-1435 4. Opinion from Joe Morris, Assistant City Attorney 5. Reply Form Totals 6. Property Owner List 7. Planning and Zoning Commission minutes of the meeting of May 8, 1985 i 1164g it;~------.Y-- ry ` ` % S-3 ir.1 . , % ` \ j I S - 3 PD-49 N N 1 A 1 r 1 ! f r~ I' % J ! , s' % S-w I +Lr •yl,'~u t.. ►.Y ;_.T.7:J t . . 1 I 'f + t /1 e 'r N N try,: I • j;M• SF- t I p DA ~4 #7;.k j 1 JO ENC .f f i ;..I I f ` \ C.l` l AGOICL'_%-LO CIa7RIL' /!r ~1 I. Ji A 1 I~ PL 'I •S`si'6 S'•If C-- rsV LT :.fLL.Nv :IST~I:, ! I I1' .f.~ 1 1•._ :S`±•, Ir•rC CNf •"VILY CwfLLr116 I'S1110 J I ^ SL FY'7 CNf'/.VILY -.Wt LL'NS `.ISUIC' rPD•4~~5 ` S 7r ' it YwC -4.1o Cw fLL;N6 :Ilf RrGt ~ \ t. ~ ~ _1+, CC r U'-I .rJLYi - TL VI LT :wf.L'Nr ..STR'Ct , !S'C. I6 ro'1).J i,. ~Vt iJZ~M~•i VV, 71•Ilu,L1 CMf L:IN6 LA SYRIC`•9 IS u ! U L'NIYf RSITT ois"V ~ f ~ R CL1,nNC CrSt R'C? ~ l 1 ~ T i c~ c cre.r.f nlstRlcT I ~ ■1 NS Nf orfCRNOCD Sfw!C[ CISt ROOT ' \ !1 r' It OLNIRAL RETAIL DISTRICT f 1 © t CGMR,fUCAL DIS-AICT ' CI CI CCNIRAL IUSINISS DVOICT LI LI llSMT INDUSTRIAL DIATRICT r- s MI M MSAVT t"OTRIAL DISTRICT a RC /L/NACO Of IIfLCIRMt NT D'SYR IC? `y l"ICATIS SRfCIRIC At RCR IJ MIT t ~ •141 I l ~ ^i f tI 11 , r- - PO_ 68 o.. y'. +r txa .4:~ 1 a V .n i f` 1,` 5 P. i{ k li r a City Council 173 March 4, 1980 Regular Meeting of the City Council of the City of Dento.t, Texas, Tuasday, March 4, 1940 at 7:00 p.m. to the Council Chamber of the Municipal Building. PRESENT: Mao Nash, Mayor Pro Ten Stephens, Members Vela, Hensle and Stewart; City Manager Chris Hartung, City Attorney CY J. Taylor and :ity Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Hensley that the minutes of the Regular Mooting of February 19, 1980 and the Special Called Meeting of February 26, 1980 be approved. Motion carried. 2. PUBLIC HEARINGS: r of Mr . Geor(A) b:ic hearin was held on 2-143S, the petition five :oning g changes Hopkins an (representIng Henry S. approximately 32 Miller acres )inr size requesting g of t.te J. McGowan Survey, Abst;•act No. 797, City and County of Denton, Texas; located south of the intersection of Loop 288 and Interstate 3SE and east of the Southridge subdivision. The petitioner rejuests M the following: [t (1) A change of toningg from Agricultural (A) to General W Retail (GR) classlficotlan on approximately 13.6 a acres. 'Q (2) A change of toning from Agricultural (A) to Two Family (2-F) classification on an approximately 4.S acre tract. (3) A change of zoning from Agricultural (A) to Multi Family Restricted (MF•R) classification on approx- imately 7.2 acres. (4) A change of zoning from Agricultural (A) to Single Family (SF-10) classification on approximately 36.5 acres. (S) A change of toning from Agricultural (A) to Single Family (SF-16) classification on approximately 22.3 acres. The Mayor opened the public hearing. Four spoke in favor of the petition and teii in opposition. The folluwing remarks were made by citizens: the entire street0isycottr nnectedothrough~thesPresbyteriansproperty until Teasley. (i) Opposed because of traffic problemso such. (3) A beautiful residential section should,be kept as (4) T~ir case has been before the Council 4 times. Mayor closed the hearing. chat the Planningitandlloning~fCommissiontfeltith~t the development proposal was ccmpatible with the Comprehensive Plan and that thePSingl, Multi family Restricted at-d Two Family tonirt g Provide an adequate trensitien etveen the proposed retail use and existing development. The Plannin and Zoning Commission. recommended that the City Council approve sbniatt petition Z-1435. The vote was 4 to 1. The P1'nning CoMMiSSion felt. that the aiignUnt of the proposed Ridgeway Drive v j„r r ;rn r ..rr ,t rr v "v 3.,r c v r 374 March t, 1260 Con6inued was satisfactory and that it should be developed as proposed. The Henry S. ;Killer Company volunteered to deed restrict the retail portion of their development to prohibit the consumption of alcoholic beverages. Stewart--"A 110' strip should be agreed to for Ridgeway Rd. 4s Lt would become an artery for traffic from Teasley Lane to 1-31," Stephens-•"I always considered 1.35E as the line of demar- cation separating business and housing. Could we approve a portion of the zoning request?" r Hopkins answered that this would be unfair to the petitioner. Council Member Vela left the podium and walked to the micro- phone. He requested that the Council take it's usual break, and asked all interested persons to meet with the Council Members in the Civil Defense room to discuss the zoning issue at hand. The Council reconvened. Motion was made by Vela, seconded by Nash to approve the zoning request with the stipulation that the., proposed Street, Ridgeway, not be opened until work is completed to Teasley; that single family zones be deed restricted plus a letter of intent to those uses; that two rows of duplexes be built on the south portion of the MF-R zone; that proposed Ridgeway Street be 60' in width and that alcoholic beverages could not be sold in the GR zoning. Motion carried. 3. The Council considered a status report on parking on the square. Assistant City Attorney Burt Solomons stated that he believes new ordinances would end years of non enforcement of parking tickets.. The new ordinance will make it easier to prosecute habitual violators. He added that the City could tow away a car, if the owner does not pay after three or more parking tickets. Two business mer on the square, John Shrader and Sill Keith stated that the probiem was failure of constant enforcement. 4. ORDINANCESi The following Ordinances were presented: 'A) ORDINANCE NO. 80.13 AN ORDINANCE AMENDING IN ITS ENTIRETY SECTION 24.131 OF CHAPTER 24, ARTICLE V OF THE CITY OF OENT04 CODE OF ORDINANCES, AS AMENDED, TO BE ENTITLED "IMPOUNDMENT OF VEHICLES" AND PROVIDING FOR THE AUTHORITY TO REMOVE VEHICLES, TOWING AND STORAGE FEES, NOTICE OF REMOVAL, AND REDEMPTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roll call vote Vela "a a", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". !lotion carried. (B) ORDINANCE NO. 50.14 AN ORDINANCE AMENDING SECTION 24.131.1 OF CHAPTER 24, ARTICLE V, OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "DISPOSITION OF IMPOUNDED PROPERTY" AND PROVIDING FOR AUTHORITY TO SELL, METHOD OF SALE, T14E AND PLACE OF SALE, RECORDS, LIEN AN MOTOR VEHICLES, CLAIM BY CANER PERMITTED, AND PURCHASE BY OFFICERS AYD EMPLOYEES PRO- HIBITED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Nash that the Ordinance be passed. On roll call vote Vela "a all Hensley "ae", Stewart "aye", Stephens "aye" and Nash "aye". 4ation carried.* Fp Vik MP -~:t~~' r f r' C1 r~ "!'f 3., f;rr t rt ae, a a 1W 12, ' 235 No. to -1J AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0. 69.1, AND AS SAID MAP APH IES TO THE BELOW LISTED PROPERTY AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEN70, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Benton, Taxes under provisions of ordinance No. 69.11 be, and the same Is hereby amended as (V follows: a 1. All the hereinafter described property Is hereby removed from the Agricultural "A" District as shown on said Zoning Nap, and all provisions of Ordinance No. 69.1 adoppted d the 14th day of January, 1969, as amended, shall 6reafter e= apply to said property as General Retail "GR" District in the same manner as other proppartyy located In the General Retail "GR" District and more particularly described as follows; All that certain 13.636 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being part of tract described In deed to J. Burns as recorded in Volume 4970 Page 107 and Volume 455, Page 647 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING for the northwest corner of the tract being described herein, at the northwest corner of said tract to J. Burns as recorded in Volume 497, Page 107 of the Deed Records of Denton County, Texas; THENCE the foliowin calls along the southwestern line of Interstate Highway 14o. SSE: south Sao 15' east 446.1 feet; south 460 S8' east 419.1 feet; south 460 48' east 377.0 feet to east line of McGowan Survey; THENCE southerly ISO feet, more or less-, to the northeast corner tract described in deed to F. C. Me eill as recorded in Volume 4770 Page 604 of said Deed Records of Denton County, Texas; THENCE south 880 40' 50" west 969.S feet to a point; THENCE north 20 08' 40" west 444.2 feet to the southeast corner of tract described in deed to John Porter as recorded In Volume 538, Page 538 of the Deed Records of Denton County, Texas; THENCE north 00 09' west S80.3 feet to the place of beginning. 2. All the hereinafter described property is hereby r•inoved from the Agricultural "A" District as shown on said Zanln Slap and all provisions of Ordinance No. 69.1 adopted the ~4eh bay of January, 19699 as amended, shall W eNter apply to said property as Two•Famiiy "2•P" District in the ss e nenner as otter property loeatod In the Tve•Fuily "2311 District and note particularly described as follows; Z•143S • GEORGE HOPXINS • PAGE ONE y .;...v i'hS p4 ~ ti ..n y, nh.".i 1 ° i~•_cr n i u'~ati e4. Y'. t ti ,7 l 5. f Y, t n' ♦ r o r Y t 236 All that certain 4.617 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being further described herein by notes and bounds as follows: BEGINNING for the northeast corner of the tract being described herein, a►, the southeast corner of a tract described in deed to John Porter as recorded in Volume Sag, Page S38 of the Deed Records of Denton County, Texas; THENCE south 20 08' 40" ease 444.2 feet to a point in the south line of tract described in Volume 4SS,. Page 647 of said Deed Records of Denton County, Texas; THENCE south 110 23, SO" west 320.9 feet to a point; THENCE westerly 264.39 feet with arc of curve to right whose radius is S90 feet, chord bearing north 780 28' 20" west 262.38 feet; WENCE northerly 371.40 feet with curve to left whose radius is 1614.16 feet, chord bearing north 60 23' 13" east 370.58 feet; THENCE north 00 12' 20" west 336,2 feet to a point in the south lihe of said tract shown by deed recorded in Volume S38, Page S38 of Deed Records of Denton County, Texas; THENCE north 890 39, 30" east 263.9 feet to the place of beginning. 3. All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zoning Map and all provisions of Ordinance No. 69.1 adoppted the 14th day of January, 1969, as amended, shall hereafter manner toas mother p propperty w 1oFati ld ,1n-F'the s Two- Familyhc112aFe -it District and more part[cularly described as follows; All that certain 7.232 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being art of tract described in deed recorded in Volume 477, Page 604 showing P. C. McNeill as grantee; said tract being further described herein by metes and bounds as follows; BEGINNING for the southeast corner of the tract being descN;,ed herein, at the southeast corner of said McNeill tract in the called east line of the said McGowan Survey; THENCE South 880 40' SO" west 1043.2 feet slang said south line to a point; THENCE north 110 23' SO" east 320.9 feet to a point in the north line of said McNeill tract; THENCE north 880 40' $0" east 969.5 feet to the northeast corner of said McNeill tract; THENCE south 10 $2' 10" east 313.1 feet to the place of beginning. 4. All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said tonin M and 811 provisions of Ordinance No. 69.1 adopted the 74thapday of January, 1969, as amended shall heroaitor sipiysto saidairootAir as sins lo Family 0$11-1611 District in the property located in the Single Family "SP-1011 District and more particularly described as follows; 2.1435 CEOSGE HOPKINS • PAGE TWO Ts r es 237 All that certain 36.499 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being further described herein by metes and bounds as followsr BEGINNING for the northeast corner of the tract being described • herein, at the southeast corner of tract described In deed to F. C. McNeill as recorded in Volume 477, Page 604 of the Deed Records of Denton County, Texas; THENCE south 20 30' 30" east 1027.2 feet to the northeast corner of tract described In deed to Harold Harmon as recorded in Volume 4671 Page 143 of the Deed Records of Denton County, Texas; THENCE south 880 40' 1S" west 1182.4 feet to a point; THENCE north 220 42' 50" east 800.3 fret to a point; CV THENCE north 250 13' 20" east 3S.8 feet to the beginning of a O curve to the left whose radius is 1614.16 feet; [t THENCE uortherty 344.92 feet with arc of sold curve through a central angle of 120 14' 3S" to a point; chord bearing north 190 059 $9" east 344.26 feet; Q THENCE southeaster)y 264.59 feet with are of curve to left whose radius is 590.0 feet, chord bearing south 780 28' 19" east 262.38 feet; THENCE north 880 40' SO" east 1043.2 feet to the place of beginning; S. All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said toning p, and all provisions of Ordinance No. 69-1 adopptdd the 14thMa day of January, 1969, as amended, shall hereafter apply to said property as Single Family "SP-1611 District in the sae manner as other property located In the Single Family "SF-16" District and more particularly described as follows; All that certain 22.302 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING at the southwest corner of Lot 22, Block 41 Southridge, in the northeast line of Southridge Drive; THENCE the following calls along said Block 4; north S10 SO' 20" east 133.0 feet; north 380 S8' 30" east 227.1 feet; north ISO 42' 20" ast 90.9 feet; north 27 16' SO" east 313.1 feet; north 890 22' east 302.9 feet to the east corner of Lot 12, Block 4, Southridge; THENCE south 10 08' 40" east 445.1 feet to a point for a corner; THENCE north 890 47' 40" east 386.1 feet to center of proposed Ridgeway Drive; THENCE ghe following calls with said proposed Ridgeway Drive: south O 12' 2011 east 336.2 feet; southerly 716.12 feet with are of curve to ri ht whose radius is 1614.16 feet; south 2S0 131 20" west 35.6 feet to a point of curvallnear extension of afouventionsd Southrldge Drive; THENCE aIrthwestarly 432.0 feet with are of curve to rltQhs whose ra No is 765.43 feet through a central angle of 32 241 20"; 2.1435 • GEORGE HOPKINS - PAGE THREE R9u"er ° ~ .size` <n 7IN N38 . THpXCE north 430 25, west 466,7 feet to the beginning of a curve to the right whose radius is $14.43 feet; THENCE northwesterly 47.19 feet with arc of curve through a central angle of S0 15' 20101 THENCE north 310 09' 40" west 345.2 feet to the place of beginning. SECTION 11. That the City Council of the City of Denton, Texas hereby finds that such change Ls in accordance with a coop;ehens~,ve 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 a propriate uses of land for the ■axisun benefit to the City of Denton, Texas, and its citizens. SECTION 111. That this ordinance shall be in full force and effect isaedlatoy after its passate and approval, the required Ppublic hearings having heretofore been held by the Panning and coning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of W/ A. D. 1980. CITY OF DENTON, TEXAS ATTEST' w+~~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR JR. CITY ATTORSEY CITY OF DENTbN, TEXAS 1 1-1435 - GEORGE HOPXINS - PAGE FOUR 41 . My Or vaToN, rLmAs o~~res or rNS crrr ArTORlYEY MIMORANDl1N Joe O. Men% Aaslstas4 Clty Attorney Robert L Nl dwo AsWWW CRY Attw mey DATE: October 18, 1984 TO: Denise Spivey, DevelopmenL Review Planner FROM: Joe D. Norris, Acting City Attorney SUBJECT 'INION NO. 364 ,lidation of Defective Zoning Ordinance You have asked this office to address the issue of the validity of Ordinance No. 80-21, in light of certain possible procedural errors made during the proceedings leading to its enactment. For the reasons stated below, we conclude that Ordinance No. 80-21 is valid as written. The circumstances which prompts your request concerns a petition for rezoning in 1980 submitted by Gsorgc Hopkins, representin Henry S. Miller Co., on a tract of land of approximately 84. acres. As reflected in a copy of the minutes of the City Council meeting March 4, 1980, attached hereto, a public nearing on the request 3 held on the rezoning petition. (Z-1435) The petitioner had regt ed five separate zoning amendments to the entire tract, includir. 11(3) a change of zoning from agricultural (A to multi-family (MF-R) classification on approximately 7.2 acres' The planning and zoning commission apparently changed the request and gave notice of rezoning to multi-family (MF-l) on the 7.2 acre tract. The minutes of the Council reflect that the petition was approved with certain stipulations, one of which stated "that two rows of duplexeo be built on the south portion of the MF•R zone". Ordinance No. 80-21, dated March 25, 1980, attached hereto, was the ordinance enacted approving the rezoning of the 84.2 acres. Paragraph 3 of pa • 2 of the ordinance shows that the 7.2 acre tract, which had glen requested to be rezoned from agricultural (A) to multi-family restricted (MF•R) was rezoned to two family 24)6 We muse assume that tb4i ord haaee enacted rezoning the entire 72 sores to a two favi?.y (2-f) zoning district resulted from the stipulation in the mia'sites of the March 4th meeting that that* be 2 rows of duplexes on the south portion of the tract 7777 . fi r= OPININ N0. 364 October 18, 1984 Page Two requested to be rezoned MF-R. in effect; it appears that the council intended to rezone the 7.2 acre t(2trcwa iofeduplexesion districts; to two-family district (2-F), and the remainder to the south portion of the 7.2 acre tract), be rezoned as multi-family restricted District (M-R). thoug not Council the 7, tract to a hzo ing districtdfor which anoynotice andopublic hear- tract have ings had been held and although the •Couc►cil ordinanceas shown oin the reflected what was approved by t neither defect invalidates the minutes of the March 4th meeting, ordinance in question. June 19,s Revised provides, in apart, Section 2(b) 1984), 1174&-121 (Vernon Supp. as follows: mun (b) pality sin a tadoption a or attempted ad ption of ithe charter are validated as of the date they occurred,.... In teach v. Cit of North Richland Hills, 627 S.W.2d 854 (Ct. App.- t, ort , no wr t t e ourt e d that any substantial defects in the adoption of rezoning ordinances which might render them invalid were cured by subsequent validating statutes. -El also Cit of Kermitt v. Spruill t 328 S,W,2d Hutchins V19 P(Civ, ap•450 Paso , writ ref d n.r.e. ; S.W.2d 829 (Tex. 1970). We conclude that any substantive defects that occurred in the proceedings that resulted in the adoption of Ordinance No. 80-21 were subsequently validated by Article 1174&-12, supra; that .232 Ordinance No. 80-21 is valid as written; and that the zoned acres of land rezoned by Ordinance No. 80-21 is currently two family (2-F) as stated therein. JDMtjs Attachment xas Jeffsmayorung n,`r f, +.rf 1^ d ,n rN na,y<,i" ~p~. 1R.. '.a~C/ ,n: it PROPERTY owNER REPLY FORMS CITY COUNCIL Z-1733 IN FAVOR IN OPPOSITION UNDECIDED Mrs. F. C. McNeill 1713 Carlton Denton, TX 76201 382-6565 t..1 r .y" . . ~ ~ ,n <; ♦ .a.. i 1 i'iQ' hr~! ~1: ~e 4 7 ~T~S 14 ZZ-1733 5 ' fin: f too 4oi 15 31 30 _ 03 D Ad, XiAll a AA 71o T-35 .7`ao yy 7 t. ;'t Y p ~ a ri Yi i 1. >t , vW r r P 6 Z Minutes May 8, 1985 Pago 5 of Denton requesting a D. Z-1733. Petition of the City c ange in zoning from the two family (2-F) classification to the multi-family (MF-1) district on a 7.2 acre7ttract Abstract No. (UNAPPROVED) located in the John McGowan Survey, The property is situated south of IntlfstheerHequestyisSE and east of Li1I~OnrcllmayParkways be used for any purpose approved, this p pey Denton permitted in a Multi-Family 1 zone by the City of Zoning Ordinance. Three notices were mailed to property owners within 200 feet; one reply form was received in favor and none were received in opposition. PETITIONER: Denise Spivey, representing the City of en on, explained that a request for rezoning was sub- mitted in 1980 on an 84 acre tract which Including this 7.2 acre tract. At the time of its public Planning and Zoning Commission recommended that the original request for MF-l zoning on the 7.2 acres be reduced to MF-R. The City Council, at its public hearing, as reflected in the minutes of March 4 1980 approved MF-R and 2-F on this 7.2 acre tract st1pulating that two rows of duplexes be built on the southern portion of tae tract. The officially adopted ordinance dated March 25, 1980 specified 2-F zoning for the entire 7.2 acre tract. Upon inquiry by the owner, staff consulted the legal de artme,,t and received an opinion that the ordinance was p valid. That zoning is not what the owner wants. On at the notbpres George Hopkins question, she said that he the City Council meeting, , who also represented other owners of the 84 acre tract. On further question, she said that according to staff ing files, Mr, McNeill indicated at the Planning for the Commission meeting that he would accept entire 7.2 acre tract. Howard McNeill, owner of property, stated that his father joined in the original request on 84 across In 1980, that his signature was necessary to satisfy the people proper not Southridge. lie said he wanted MF-1 on this prrops and MF-R. He said his property is only 31S feet deep would not accommodate two rows of duplexes and aparti,tnts and parking. Mr. Ellison advised that minimum lot depth for duplexes is 100 feet. Mr. LaForte commented that a road would also be needed, there would be nothing left, He said, however, that duplex zoning is good zoning practice to buffer single family zoning. r t,;t •r °;ri, w. e rr v[ i t• 4n a .r p:..• . a :P 8 Z Minutes May 8 1985 Page 8 Mr. McNeill said it was not proper zoning for him and others he had talked with did not feel it was proper. On question, Mr. Morris said what happened in 1980 is immaterial, the adopted ordinance is officially what happened five years ago. The only question before the Planning and Zoning Commission is whether the present request is proper zoning for this property. Mr. McNeill said the mayor told him a new public hearing would be required. On question, he said he is asking for MF-l zoning on entire 7.2 acres. IN FAVOR: Nona present. OPPOSED: None present. STAFF REPORT: Ms. Spivey stated that Development Guide designates is as a moderate area; intensity study shows that the area is already 78 percent over standard based on existing zoning. MF-l would serve to further aggravate that situation; MF-1 is not an adequate buffer for single family to south and to west, and staff recommends denial. On question, she said that MF-R is less dense than MF-1. MF-R is four or sixplex type development with 2,300 square feet of land area required for a one bedroom unit; MF-1 allows 25-40 units per acre requiring 1,200 square feet of land area for a one bedroom unit. REBUTTAL: None offered. Public hearing closed, DECISION: Chairman Claiborne commented that Mr. McNeill has uestions about what was approved in 1980. He said he has to look at it as is exists now. He added that he feels density of MF-1 as requested is unrealistic for this section of the city. Mr. LaForte commented that he considers It bad practice to put MV-1 against SF-10, he would be willing to have one row of duplexes and remainder MF-R. Mr. Pearson said he agreed with that. Mr. Sider said he does not feel MF-1 would be ap roppriate, possibly MF-R would provide some sort of buffer To SF-ln. Mr. Escue moved to deny 2.1733. Seconded by Mr. Claiborne. Mr. Juren asked if owner could amend his proposal before it goes to City Council. Mr. Ellison answered that would be up to the City Council. Vote was called and motion carried unanimously (7-0). DATRt 06/64AS CITY COUNCIL REPORT,IORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJRCT: HOLD A PUBLIC HRARING CONCERNING THE PETITION OF THE CITY OF DENTON AND PAT O'BRIRN FOR,,ANNEXATION OF APPROXIMATELY 160 ACRES OF LAND BEING PART OF THE 0, WALKER SURVEY, ABSTRACT 1330, AND THE M.E.P. AND P.R.R. SURVEY, ABSTRACT 950, AND SITUATED NORTH AND SOUTH OF PAIGE ROAD BETWEEN I-35K AND SWISHER ROAD (A-20) RECOMMENDATION: The Planning and Zoning Commission will make its recommendation on June 12, 1985. SUMMARY: A 41.6 acre parcel proposed for mobile home park development adjacent to the Rollinguood Eotates planned development precipitated this joint annexation petition. The City Council directed staff to add surrounding property that may have development potential. Property along the north aide of Paige is includbd and the reaction of property owners to involuntary annexation is unknown at this time. BACKGROUND: Existing and proposed development ranging from attractive single family to well to poorly maintained manufactured housing has impacted the Paige Road corridor. PROGRAMS, DEPARTMENTS 01 GROUPS AFFECTED: Property owners, departments providing basic service. FISCAL IMPACT: Departme<<t budgets RespectE y s i e G. Chris Hartung Prepared by: City Manager pM4 %~M David 8111son Senior Planner Approv Jeff Heyo Director orV ann ng and Cossnunity Devatopmant 1195g yf,~lgge Y.~„ r ''c'rf rv, 'f 'A~e^Wt wa.Z11. $n a ~v~.tw a, e>, •.H if" 1 ~ ..,.a~+ CITY COUNCIL AGENDA BA9K-UP SUMMARY SHEET MEETING DATE: June 4. 1985 SUBJECT: Hold a public hearing concerning the petition of the City of Denton and Pat O'Brien for annexation of approximately 160 acres of land being part of the G. Walker Survey, Abstract 1330, and the M.E.P. and P.R.R. Survey, Abstract 950, and situated north and south of Paige Road between I-35E and Swisher Road SUMMARY: The 41.6 acre parcel proposed for mobile home park use is located adjacent and south of Paige Road beginning approximately 1,172 feet west of the intersection of Paige and Swisher Roads. The Rollingwood Estates tract (annexed and approved for estate and manufactured housing) abuts the subject parcel to the east. A petition for voluntary annexation and a specific use permit has been submitted by Mr. Pat O'Brien, prospective developer of the mobile home park. Existing land use on the 41.6 acres precipitzting this petition is undeveloped property being used for agricultural purposes. Surrounding and add W.onal land use added to the petition consists of vacant land, single family residential, and Sherwood Mobile Home Park. STREETS AND DRAINAGE: If approved for development, all housing must be set one foot (11) above the 100 year flood level in the streets and channels. Paige Road is an unimproved collector street requiring sixty feet of total right-of-way width. Perimeter street paving across the frontage of Paige Road will be a minimum requirement when or if development occurs. UTILITIES: Electric service is available from the City of Denton and TP&L. Analysis of the existing lift station/forcemain system indicates that neither has sufficient capacity to handle proposed new development in this area. Current Subdivision Regulations and Land Development Codes provide that it is the developer's responsibility to install or upgrade facilities sufficient enough to serve their site. If the site is not annexed and extension of, and connection to, the City public utility system is desired, public utility board, planning and zoning commission and city council approval is required upon written request. Gas and telephone service is in place or available for extension, ti..n n r r w ae: Agenda Back-up Summary June 4, 1965 Page 2 APPLICABLE REGULATIONS: If property proposed for development is annexed all City of Denton building codes, fire codes. zoning ordinance and mobile home park and travel trailer ordinance provisions apply. If the property is not annexed, but is connected to the City's public utility system, the Building Inspection Division will inspect private lines for compliance with City of Denton Plumbing Codes. PLANNING AND LAND USE POLICIES: This site is on the fringe of the Denton Development Guide study area. If extended this site would logically fall within a low intensity area. Location policies for mobile home parks (approved September, 1984) in low intensity areas are: 1. The overall intensity standard not be violated 2. No concentration more than 200 units 3. Access by collector street or larger (if density less than 12 units per acre) 4. Strict site plan control within 1,600 feet of existing single family residential 5. Sufficient green space, recreation facilities, etc. provided 6. Input into planning by neighborhood ACTION REQUIRED: No action is required to continue annexation process. PROGRAMS, DRPARTMENTS, OR GROUPS AFFECTED: The existing population in this area particularly residr! is of Chaparral Estates in Shady Shores were almost categorically opposed to the Roll.ingwood Estates development proposal. Twelve (12) owners of property are included in the annexation boundaries. Approximately five (5) private residences and property belonging to two corporations or companies (Enderby Gas Co. and Andrew Corporation) will be affected if the annexation continues as proposed. 11d y o e ♦ r r y c °r s 4 Agenda Back-up summary June 4, 1985 Page 3 The Sherwood Mobile Home Park is included in the area. The park currently accomodates approxi- mately 94 lots and an additional fifteen lots being added. There are no fire hydrants in the mobile home park and the Fire Department is typically concerned about annexation of existing uses without optimum fire protection services. The Sherwood Mobile Home Park is connected to City of Denton public sewer but water is provided through a private well system. ALTERNATIVES: 1. Annex 41.6 acre parcel proposed for mobile home park use 2. Annex parcel and surrounding property 3. No annexation ATTACHMENTS: 1. Map 2. Development Review Committee minutes of March 5, 1985 3. List of existing and proposed parka and subdivisions David Ellison Senior Planner 07519 I 1 4 ` V n ~S~ a 1 } ' I 1 • 4f • i ;:;,:;'~:::y.::.•::;.:;.: POCK JS R t....•..... w I ~I I CCRIN7H , I , i .sue. I I ~ • Minutes Development Review Committee March 5, 1985 DRC Members Present: David Ham, Wayne Horsley, Don McLaughlin, .,(oorosh Olyai, RoL.)rt Hagemann, David Salmon, Robbie Baughman, Brian Kurtz, and Cecile Carson Engineer, Planner, Architect, Surveyor, or other development interests present: Steve Rogers, Randy Hill and Pat O'Brien IX. Review of Proposed Mobile Home Parks Addition on 41.6 Acres on Paige Road A. Engineering 1. Need to submit off-site drainage with preliminary plat. 2. Need intensity for 10 year storm and time of concentration of 10 minutes in 8 in./hra. 3. Off-site permission will be needed to run storm water to adjoining property. 4. Mobile homes must be set one (1) foot above 100 year flood level in the streets and channels. 5. Show what happens to runoff from area 5. 6. Off-site paving of Paige Road needed at this time co I-35. 7. Perimeter pave Paige Road across frontage. 8. Sidewalks required along Paige Road. B. Transportation engineering 1. Paige Road is a collector size street requiring 60 feet of right-of-way and subject to perimeter street improvements. 2. Width of roadways within the parx is given in Denton Mobile Home Ordinance - the proposed 30 feet is not adequate. 3. All internal streets should have right angle intersections. h l 1 Minutes Development Review Committee Mobile Homo Park Addition March 5, 1985 Page 2 B. Transportation Engineering (Continued) 4. Intersection bounded by Lots 128 and 156 should be re-designed. 2. Ingineering plans should not have any vertical curves less than 100 feet and r.o horizontal. 3. Will support off-site improvements of Paige Road to I-35. C. Water and Sewer 1. Art. 4.07 Water Utilities Standards. Basic Policys Water systems shall be provided with a sufficient number of outlets and shall be of sufficient size to furnish adequate domestic water supply to furnish fire protection to all lots and to conform to the City of Denton Master Water Plan, the Comprehensive Utility Ordinance of the City of Denton and the Standard Specifications of the City of Denton. 2. Art. 4.08 Sewer Utility Standards. Basic Policy: Sanitary sower facilities shall be provided to service the subdivision adequately and conform to the City of Denton Master Sewer Plan, Standard Specifications and the Comprehensive Utility Ordinance of the City of Denton. 3. If outside city limits, a letter requesting service must be approved by Public Utilities Boart9 Planning and Zoning Commission and the City Council. 4. Suggest developer confer with Burke Enginneering for use of Rollingwood Estates Lift Station and proposed force main (pro rata or joint venture). 5. Proposed 12" water line on Paige Road should be adequate. 6. So oversize agreement required. 7. May have pro rata charges for sanitary sewer and water line after construction. 8. If utilities are public show water and sewer lines underneath pavement, 5 feet from curbs on each side. If utilities are to be located along a county or state road, a 16 foot easement outside the right-of-way is required. 1 S r. 5 .rte ..;i n v ^<1 "i c' 4 , 7 Minutes Development Review Committee Mobile Home Park Addition March 5, 1985 Page 3 C. Water and Sewer (Continued) 9. Use of City easement next to the railroad will not be allowed. 10. Show all water and sewer lines, easements, fire hydrants, manholes, etc. on preliminary plat. 11. Are utilities public or private? Need to show internal water and sewer lines. 12. Fire flow zequired is 500 g.p.m. Will need at least 6" water line. D. Electric Electric service is available from the City of Denton at customer's request. E. Fire 1. Fire hydrants required every 300 feet. 2. Must provide an all weather driving surface on not less than 20 feet of unobstructed width, with ade- quate roadway turning radius capable of supporting the imposed loads of fire apparatus before construction begins. 3. Fire hydrants and water system must be operational before construction begins. 4. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 5. Uniform Fire Code, 1962, is applicable. 6. Pre-design plan is acceptable. F. Building inspection 1. This development will need to comply with orlinance t84-65. 2. Review will continue. Minutes Development Review Committee Mobile Home Park Addition March 5, 1985 Page 4 0. Lone Star Gas Service can be provided. H. G.T.E. 1. Service is available. 2. An 8 foot communication easement at the rear of the property is needed. 1. Cox Cable No representative present. J. Solid Waste to Residential solid waste service is available. 2. The City Ordinance requires that all such units be served by the City's Sanitation Division. 3. We will provide twice-a-week curb service, and collection of bulk trash once a week. 4. All garbago must be placed in plastic bags or small boxes. Customers will be billed on their utility bills. K. Parks and Recreation Pre-design plan is acceptable. L. Planning and Community Development 1. Phis property could be considered for annexation. 2, if annexation process is started, a Specific Use Permit for a mobile home park will be required. 3. The park would have to comply to the Mobile Home Park Ordinance, if annexed. 'p .4 I~ 1 f r'Yr F I I i Manufactured Homes, Mobile Home parks and Subdivisions (Existing and Proposed) Existing Parka Acorn 20 Units Bourland - *Capricorn 72 Centerpoint 130 Country View - *Denton West (380) - Denton West 300 *Hickory Creek - Hillcrest 60 Inman 15 Lakewood Estates 200 Mayhill 50 Mayhill 5 *Royal Oaks 150 Sherwood (382-9903) 97 *Silverdome 90 j Sunrise 35 Triangle - *Twin Lakes 320 *Vacation Village - Wynn's 377 Trailer village 50 Y Motel 20 I Approved But Not Developed: I Champion 652 Allen 225 Subdivisons: Sandy Hill 80 lots *Serren Meadows 32 *Grissom Road - Rollingwood Estates - (manufactured housing) * Outside City Limits 0732) . 1s SA L° DATE: 0004/8 CITY COUNCIL REPORT FORMAT TO; Mayor and Members of the City Council ' FROM: G. Chris Hartung, City Manager SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PETITION OF THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 115 ACRES OF LAND BEING PART OF THE J. WEST SURVEY, ABSTRACT 13311 AND LOCATED NORTH OF HIGHWAY 380E AND WEST OF ROCKHILL ROAD (A-2) RECOMMENDATION: The Planning at.,] Zoning Commission will make its recommendation on June 12, 1985. SUMMARY: This is a continuation of an annexation plan began in 1983-84 that will extend the City of Denton's extraterritorial jurisdiction in this area to enable additional future annexations in the area of our future water resource and aid in defining the ultimate northeastern boundary of the City of Denton. BACKGROUND: Final action on a 175 acre strip adjoining this area was taken by the City Council on February 21, 1985. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Staff originally reported that all of the property belongs to the Corp of Engineers. Further research has revealed that the City of Dallas and Mr. Ray Lynch are the property owners. FISCAL IMPACT: Undetermined Respectfully submitted: • G, OUR f #V04 u ared by:~ City Manager Pt8mj David Ellison Senior Planner Approv UK4V-^..- Jef f Meyer Director of Planning and Community Development 11958 .:.ac.., r. r qv .v.. y;. ' cl. 1N s. .H _^1. r. "i.> q 1 i/ ~r ~ ~ ~ 1+• L.. ~'..j ..1i .R'9 tJ. lI'lL~, 4r- EXTRA -TERRITORIAL JURISDICIION LINE ELM BOY TOM --MME : r RHODES RD. 1 f. M L l , IARTLEE FIELD RD. i ILL $1 Cf- DATE: 6/4/85 CITY COUNCIL REPORT FORMAT 00 TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Preliminary plat and general development plan of McDonnell Highlands Addition RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of February 27, 1985. SUMMARY: The Planning and Zoning Commission and Development Review Committee have reviswed the plat and plan and have recommended approval. BACKGROUND: The public hearing for zoning and final reading of the annexation are also scheduled for Jane 4, 1985 City Council action. PROGRAMS. DEPARTMENTS GK GROUPS AFFECTED: Not applicable FISCAL IMPACT: No impact on general fund Res~tfj,y~ly b i ted: r s ar ung City Manager Prepared by: it e Spivey .U Planner Appr ve e ey director of Planning and Community Development CITY COUNCIL AGENDA BACK-UP SUMMARY SHOW MEEPING DAME: rune 4, 1965 SUBJECT: Approl of the preliminary plat and general develc,,...snt plan of McDonnell Highlands Addition SUMMARY: This is a tract of 39.5 acres situated south of and abutting McKinney Street, east of Mayhill Road. Section 1 of this development is currently within the city limits and the zoning of the tract is being considered along with platting procedures. The area currently outside the city limits is to be considered for annexation and zoning at tonight's meeting. Electric, telephone, and solid waste services and facilities are adequate and available. The developer will need to extend 16" diameter water lines from Mayhill Road along McKinney Street and across the frontage of the property. ACTIUN REQUIRED: Approval of the preliminary plat and general development plan RdCOMMENDAPION: 'rhe Development Review Committee and the Planning and Zoning Commission recommend approval of the preliminary plat and general development plan of McDonnell Highlands subject to the following conditions: 1. A 16" diameter water line be extended from Mayhill Road along McKinney Street and across the frontage of the property. 1. A ll" diameter sanitary sewer line is to be extended from Hickory Creek vutfall to the subject property. ALTERNATIVES: Approval or den.tal of preliminary plat and general development plan ATTACHMENT: Reduced preliminary plat and general development plan /A' ~ LIIdgd1 X% , Denise Sp ve Urban Planner 0696j(1) \I191•'V7T .•YS•.r•• t/ r .L.` I • - Y M ~ M 1 II 1 ~ ~ ~ , M N r~ ~ ~.L.. ~ ``I~ 21 InL -1p • . 4 ~ ~ ,tee ~ ^ ~ h r Y ;~J , lI I : X111, i ~f1~ NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bide for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor, and WHEREAS, the Citp Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than =3,000; and WHEREAS, Section 2.09 of the Cit•; Charter requires that every act of the Council providing for the expandituro of funds or for the contracting of indebtedness shall be by ordinance; NOW1 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bide for such items: BID NUMBER ITEM NO, VENDOR AMOUNT _ 9450 „1.19_ POlaline 9450 20.30 Weseo 16.554.60 9450 _ 31:35Kr1t-Davis $ 8,224.01 9461 _ All Jerry'% Yana tian_Blinds $ 4.170.45 9464 11 Cumin Supply $ 36.912.00 _ 9465 All Damian Unlfoms $ 3.622.50- - GAAA jR A Riffs Petroleum $ 20.000.00 946E 4A_..__ Wright .ighalt $000 9466 9 1 9 Whits Ninrg $ 42.00d.0e , 466 JO A 13 J m nn Asohal: $ 1A.nnn.ne 9466 it b 12 Jagos Pub11t 106,000.00 PAGE l `S CONTINUATION SECTION I. BID NUMBER ITEM NO. VENDOR AMOUNT Q469 All u - D,,canharry f 79,578.30 i - - - - - - - - - - - - - SECTION II. That bq the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer rf the persons submitting the bids for such items and agrees to" purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bide wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorisas the e:rienditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 4_ day of June , 1985. RICHARD 0. STEWARTIIU= CITY OF DENTON, TEXAS ATTEST: C CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE I DATE: June 4, 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID #9450 ELECTRIC METERS, SOCKETS AND CURRENT TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications for each of the three categories. Item 1 thru 19, electric meters to Poleline Electric, Item 20 thru 30, current transformers to Wesco and Item 31 thru 35, electric meter sockets to Kriz-Davis. SUMMARY: This bid is for the annual supply of electric meters, sockets, and current transformers. The material will be utilized by the Electric Meter and Substation Department. The quantities are estimates only. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Meter and Substation FISCAL IMPACT: 1984-85 Budget Funds Account 1'611-008-0253-9224-E370 Respectfully submitted: Chris Hartung - City Manager Pre ared by: ame: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: r~~r T" t% ohn J.' Marshall, C.R.M. Purchasing Agent BID 9450 BID FIFCTRIC HFTFRS A Sf1CKFTS TEMPLE CUM111NS KRIZ- NELSON .E. OLELINE RIESTER ESCO OPEN Max 21, t9R5 2 P_m_ INC. DAVIS ELECTRIC SUPPLY SUPPLY ACCOUNT 1 611-RCA-R253-9794-F370 QT ITEM bEsCArFffw VENDOR VENDOR VENDOR D VENDOR ELECTRIC METERS I lOn Hater 10 CL 100 36.10 35.96 37,70 4 33,70 34.58 40.39 37. 2, 2OOL MetAr 10 rl 200 33.50 2qJ0 30.50 32.00 30.20 29,28 32.42 35.0 3 Hater 10 DAmand 133.40 120.00 121.49 127.50 ----120.20 -117.99 128.88 128.0 A,_-U_--Matpr 10 Int, DpmAnd 146.75 137.25 139.38 146.30 136.90 136.09 156.51 14, 221.95 224,02- 235.25 157.25 215.93 251.68 167.0 71.2 .276.0 1- Notpr 30 Int. npmand 2Q .35 229.07 240.40 . 220.39 257.08 247.0( 5 268.00 .11 242.0( .iB-t Hetar 30 Inst. Opmand 200 235.9 264.25 267,20, 280.45 50 Meter 30 Demand 200 289,85 271.40 ---273.63 7 270,40 263.42 307.55 296.01 270,50 254.40 245.20 245,34 272.16 261401 U_ 1 Meter 30-CL 20 277 262,90 -240.40 _ 270.50 ----254.40 245.20 243.34. 272.16 261.01 12 24 -Meter 30-CL 20 120 322, 5- 305,00 2 7.03 311.85 300.60 285.77 333461 320.01 U, -lL- Heter 30-CL 20 277 322,26 205.00 297.03 311.85 300,60 285.37 333.61 320.0 37,75 -217, 50 240.54 230.00 221,75 223,36 246.12 ' 320.0 Meter 30-CL-ZQ 3W 240 237.75 .5 240.50 230,00 221,76 223, 6 246.12 236 0 -262,25 276.30 766,35 254,19 294.54 283.0 -4- Meter 30 CL 20 3W 480 -285.65 260.00 1L AD- Meter 30 3W H, 120 ,9 134oOO 135.90 142.65 68.00 DIM 462,64 8010 Z~ u 9 945[1 1 Ha4a -Z1 =1D_ ELECTRIC METERS S SOCKETS TEMPLE CUMMINS KRIZ- NELSON Q.E. OLELINE PRIESTER ESCO INC. DAVIS ELECTRIC SUPPLY SUPPLY OPENN ry~ ACCOUNT . ..Q'T Y1 I VENDOR -VMMblE- . TE DESCRIPTION VENDOR VENDOR- 265.00 249.99 292.67 288.00 35.90 37.45 40.93 CURRENT TRANSFORMERS 20 24 CT # UMCT-201 28.25 27.00 27.40 28.65 25.45 26.86 31.00 25.40 21 2 CT UMCT-401' 28.45 30.75 31.03 32.50 27.55 31.61 31.00 25.40 22 24 T U T- 36.75 36.50 36.83 38.60 34.55 37.16 37.85 34.60 23 50 CT U T- 0 37.00 36.50 36.83 38.60 34.55 36.66 37.85 34.60 24 50 CT 1 UPCT-301 54.50 56.00 56.42 59.10 52.90 55.37 58.00 53.00 25 50 CT 1 UPCT-4 1 54.50 56.00 56.42 59.10 52.90 55.37 58.00 53.00 26 50 CT it UPCT-601 54.50 56.00 56,42 59.10 52.90 55.37 58.00 $3.00 27 50 CT I UPCT-801 54.50 56.0•) 56.42 59.10 $2.90 55.37 58.00 53.00 28 50 CT N UPCT-102 54.50 56.00 56.42 59.10 52.90 55.31 58.00 53.00 29 20 CT 1` UPCT-152 58.70 56.00 56,42 59.10 52.90 55.37 $8.00 53.00 30 20 CT f UPCT-202 62.35 56.00 57:94 62,85 56,20 58.78 61.60 56.00 METER SOCKETS 31 50 Meter Sockets 0 67.65 - 65.45 66.90 - 72.50 25 Keter Sockets 200A 57 1 0 - 48,47 49.46 17,60 - 57.96 33 6 Meter So kC et5 200 6T Fe 3.S5 - 6•.49 62,85 - 98,63 BID 9450 (PagA 3) BID ELECTRIC METERS A SOCKETS TEMPLE CUMMINS KRIZ- NELSON Q.E. POLELINE PRIESTER ESCO OPEN INC. DAVIS ELECTRIC SUPPLY SUPPLY ACCOUNT ! ITEM EN Meter Sgckgts 200A 13T 122,2Q 5 12 .85 167.54 35_ 6 _A*Aer Sockets 200A -6T 336.35 325.72, 330.20 - 292.77 DATE: June 4, 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID !9457 VERTICAL BLINDS FOR PHASE III RECOMMENDATION: We recommend this bid be awarded to Jerry's Venetian Blinds, the low bidder on both the 13 outside blinds and the 4 inside blinds for a total of $4,170.45 with delivery in 45 days. SUWARY: This bid is for the blinds for the north outside windows in both the Public Works and Utilities Department Phase III Remodelling. The Delmar was the vertical blind specified. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: lhis is to complete the window covering for this section. FISCAL IMPACT: There is no impact on the General Fund. • I Respectfully submitted: 4ft rT~artung City Manager Prepared by: G~~'~e~G a J hn J, Marshall, C.P.M. WIG: , Purchasing Agent Approveds Aa o r+ rst+alII C.P:M. e: Purchasing Agent err` , BID # 9457 BID VERTICAL BLINDS JERRY'S DENTON DRA. CRY OPEN may 14L 19" 2 D.m. COMFiE:RCIA HOUSE BLINDS ACCOUNT # QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDJR VE DOR 1 13 Outside Windows MR 85 4,236.50 2 4 Inside Windows _ 287,; Total 17 Windows 4,170.45 5,646.00 Deliver 45 Da vs 21 Days 45 Days {a t ...i ' Ft ' ^'v R R,f t~ e r "f 5' ,41 ~ r' DATE: June 4, 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 19465 COVERALLS FOR SOLID WASTE RECOMMENDATION: therintentnoftthe specifiaatioes,ta work coverall, twill 65/35, orange color, 7h oz. to Donivan Uniforms @ $17.25 each for the estimated total order of $3,622.50. SUMMARY: This bid was sent to several uniform distributors in this area. We received six bids. Three were 6 oz. and the other three bid 74 oz. We, therefore, are awarding to the low bidder for N oz. twill material. The low bidder is Blair American on 6 oz. poplin orange jumpsuit. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR 6POUPS AFFECTED: This bid is for the order and receiving of 5 pair of coveralls (short sleeve) orange color for use in the.Solid Waste Department. FISCAL IMPACT: Budget Account 1630-002-0801 and 0802-810e Respectfully subm tted: a a~ Hartung G. Chris City Manager Prepared by: ~yy John J. Marshall, C.P.M. ~le: Purchasing Agent Approved: J hn J. Marshall, C.P.M. Ale: APurchasing Agent BID # 4465 BID COVERALLS FOR SOLID WASTE FACTORY AMERICAN DONIYAN GARLAND BLAIR NATIONAL OPEN MaY 21. 1985 2 p.m. SALES UNIYORMS UNIFORM UNIFORI4 AMERICAN UNIFORM UNIFORM SERVICE ACCOUNT # 630-002-0801-8108 QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 210 Orange Coveralls Short Sleeve 18.00 1 17.25 19.05 16.88 Total 3,780.00 46172.70 3.622.50 .4,000.50 44.80 .3,765,30 Red Ca T atr Red Can TQpmaster Walls ed Cap 7 oz 6 oz. 7 Twill Twill Twill LI DATE: June 4, 1985' CITY COUNCIL REPORT TO., Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID #9464 PADMOUNT SWITCHGEAR RECOMMENDATION: We recommend this bid be awarded to the lowest bider r meeting specifications of Cummins Supply in the amount of $6,152.00 each. Total bid award $36,912.00. SUMMARY: This bid is for the purchase of padmount switchgear to be used by the Electric Distribution Department in the new construction and maintenance of the electric system. The switchgear offered by A.B. Chance has an oil switch instead of air switch as requested. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution FISCAL IMPACT: 1984-85 Budget Funds Account 0611-008-0252-9221 I~Respectfully submitted: T r s Hartung City Manager Pr ared by mLName: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: I J n O. Marshall, C.P.M. le: urchasing Agent HID # 9464 HID PADMOUNT SWITCHGEAR PRIESTER CUMMINS TEMPLE A.B. OPEN May 28, 1985 2 p.m. SUPPLY SUPPLY INC. CHANCE ACCOUNT # 611-008-0252-9221 # QTY. ITEMS DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 6 Padmount Switch ear 6s657.73 6,152.00 6068.00 Alternate M80.00 .v y 4 4 S -pw v "t1 r e Y e .r n: !Y2 w r; DATE June 4, 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: 810 09466 ASPHALT ROAD MATERIALS RECOMMENDATION: We recommend this bid be awarded to the lowt:t evaluated bidder meeting specifications as listed: Item 4,5, &6 Riffe Petroleum $20,000.00 Est. Annual Usage Item 4a Wright Asphalt $ 3,000.00 Est. Annual Usage Item 8 3 9 White Mines $52,000.00 Est. Annual Usage Item 10 5 13 Gohmann Asphalt $10,000.00 Est. Annual Usage Item 11 b 12 Jagoe Public $108,000.00 Est. Annual Usage item 1,2939 8 J No bids were received The bid offer:,id by White Mines and Gohmann for Item 11 were bid to be picked up by City of Denton. Gohmann is located in Plano, White Mines is located in Weatherford. This bid is for the annual supply of asphalt road materials. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMEXTS OR GROUPS AFFECTED: Street Department FISCAL IMPACT: 1984-85 Budget Account 1100-002-0033-8303 Respectfully submitted: 4 &0 9&;o G. hr s Hartung City Manager Prepared by: r.Sr Name: Tum D. Shaw, C .P.M. Title: Assistant Purchasing Agent Approved: le: J hn J. Marshall, C.P.M. Purchasing A. gent- BID # 94f6 BID ASPHALT-ROAD mAtFRiAIS OPEN WHITE WRIGHT dAGOE GOHMANK IFFE ALVERT Mayes, 1985 2 P.M. MINES ASPHALT PUBLIC ASPHALT ETRO. AVING CONST. ACCOUNT # QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 - 2 Rc-2 Liquid Asphalt 3 ACS- 4 Asphalt 4a Asphalt lsion !MS-2 .8620 .8260 5 5 Asphalt Emulsion HYMS .7838 7 PB-2 Precoated A . Crushed Stone 8 PB-4 Precoated A . Crushed Stone 21.53 9 PB-5 Precoated Agg. Crushed Stone 22.03 10 Type DD Hot Mix 28.13 Won _ 1 1 13 Type F Hot Mix Cold 6Y Cr. St. - .00 _ DATE: June 4, 1985 CITY COUNCIL RVORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 19469 FIBERGLASS STREETLIGHT POLES RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification of W.M. Dusenberry Co. in the amount of $235.10 each for item one, $207.75 each for item two and $49.88 each for item three. Total bid award $79,578.30, delivery in 56-63 days. SUMMARY: !his bid is for the purchase of fiberglass streetlight poles and aluminum streetlight arms. This material is replacement of warehouse stock. The quantities are approximately a fourmonth supply. BACKGROUND: Tabulation Sheet PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Working Capital Inventory, Electric Distribution Department FISCAL IMPACT: Working Capital Inventory purchases Account Number 710-004-0598-8708 Respectfully submit ed: 0.6 , _ G. hr s Hartung City Manager Prepared by: Name: om D Sha , C.P.M. Title: ssistant Purchasing Agent Approved: ohn J. Marshall, C.P:M. On . Purchasing Agent BID 9469 BID- FIBERGLASS S T~RFFj II GHT PQtFS _ BARNETT W.H. PRIESTER NELSON TEMPLE OPEN May 289 1985 2 p.m. ASSOCIATES DUSENBERR ELECTRIC INC. ACCOUNT # QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 225 Fiberglass ' ' 305.78 .1 295.00 N/B 236.25 2 60 Fiberglass 30'/Mounting Height 25' 234.78 207.75 258.00 E:8 257.25 3 ?85 B' ArmlAluminum -38.68 .88 68.50 68.25 Del -yery - 0 Da s 56-63 Da 42 Days 42 Days NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE 01' FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES CR SERVICES IN ACCOR- DANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR Ai; EFFECTIVE DATE. WHEREAS, state law requires that certain contracts requiring an expenditure or payment by the City in an amount exceeding $5,000 be by compatitive bids, except in the cams of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and HEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SE.MOct I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, cr to protect the public health of the citizens of the city, or %0 provide for ionforseeo damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders' attached hereto, are hereby approved: F U'RCHAS E ORDER NUMBER VENDOR AMOUNT 68246 ~J A t rquipment rn_ ti MA ni 68116 garloy reuf11n4 7maer rn_ A21-ai5 m 68181 Rat1e YaetA 'SA=ernt $A-JAI 42 'PllW SE-;TION It. That because of such emergency, the City Manager or deai sated employee is hereby authorized to purchase the materials, squi went, aupplies,$or services as described in the attached Purchase rdecs and to make payment therefore in the amounts therein stated, such emergency purchases being in accordanes with the proVisione of state law exempting such purchases by the City from the require- ments of competitive bids. SECTION III. That this ordinance shall become effective twediattly upon its passage and approval. PASSED AND APPROVED this the 4 day of June , 1985. CITY OF DENTON, 'TEXAS ATTEST: 5.. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH* CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 MINOR DATE: June 40 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: PURCHASE ORDER #68246 J b S EQUIP14ENT CO. $39403.03 RECOWNOATION: we recommend this emergency purchase order to J&S Equipment be approved in the amount of $39403.03. This is for the repairs and maintenance with installation of an air conditioner on equipment #2495 at the City of Denton Landfill. SUMMARY: The Vehicle Maintenance Department who provides the necessary maintenance and installation of accessories on our equipment has ordered these items repaired and installed as an emergency. The equipment is used at the City of Denton Landfill. BAC1tGR0UND: Purchase Order Copy and Invoice PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Repair and Maintenance on budgeted items for landfill operations. FISCAL IMPACT: There is no fiscal impact on the General Fund. Respectfully submitted: i _ Chris Hartung City Manrjer Prepared by: o n Marshall, C.P.M. e: Purchasing Agent Approved: ~ rsha C.P;M. : r i e uchasin9 Agent i yam, }S e r, vn nti.9' ~Lry r x ar i. C . S ra: , „3y, s 213 E. McKINNEY ST. PI AC'N"A E ORDVR DENTON, TX 7t1201 E P. NUMBER DATE/VENDOR NO. DOCUMENT TYP 68246 05/20/85 C14 S JJJ59500 VENDOR: SHIP TO: J• S EQUIPMENT Co. VEHICLE MAINTENANCE 602 WILDLIFE PARKWAY CONFIRMATION ONLY GRAND PRAIRIE* TX 75050 DO NOT DUPLICATE ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO LINE AMOUN 01 710.004 0598 8710 1:2495 INSTALL'AIR CONDITIONER 3s403.03 CO~~FIR The Gty of Denton, Texas Is tax exempt • House Bill N0.20. TOTAL FOR P•O• 39403.03 Reference P.O. Number on all BA., Shipments and Invoices. Shipments are F.O.B. City of Denton, or as Indicated. Send Invoices TO, Direct All Inqulrles TO: City of Denton, Accounts Payable John J,' Marshall, C.P.M. Purchasing Agent 215 E. McKinney St., Denton, TX 78201 Tom D. Shaw, C.P.M. Asst. Purchasing Agent Phone 817158MM 81715"11 DIFW Metro 2814042 The City of Denton Is an equal opportunity employer TT- :.I W4I CEy c 9941 J S, EQUIPMENT SERVICE INC. . 602 WILDLIFE PARKWAY DATEo 05/13/85 GRAND PRAIRIE, TEXAS Paso v, OUR PHONE NUMBERN 214/262-0211 UR P.O.+ AUTHORIZED BYt ALTON SOSTICK YOUR ACCOUNT NUMBER, 012070 FOR MODELr INT 412B CITY OF DENTON 804 TEXAS ST. SERIAL NO.i E5 21140412 DENTON TX 76201 EQ NO. 2495 rso ~ --___TROUBL.ESHOOT. -POSSIBILITIES-OF INSTALf_ING-AIR- CONDITIONER ON INT PAY SCRAPER PURCHASE & INSTALL AIR CONDITIONER UNIT ON MACHINE FIELD LABOR t 32.00 HOURS REGULAR TIME) $ 19456.00 FIELD MILEAGE ! 439.00 MILES) $ 261.00 PARTS AND OIL ! •1,656.03 SALES TAX NONE INVOICE TOTAL 39403.03 NOTICE) INVOICES ARE PAYABLE WITHIN 301 DAYS. THERE WILL X BE A 1.5% INTEREST CHARGE MONTHLY ON PAST DUE INVOICES. ' DATE: June 4, 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: PURCHASE ORDER !68336 MARLEY COOLINd TOWER CO. $21,435.00 RECOMMEND.~ITION: We recommend with the Utility Department that this purchase order for emergency repairs of Unit 5 colling tower at the Electric Production Power Plant be approved to Marley Cooling Tower Co. in the amount of $21,435.00 as shown on the attached proposal. SUMMARY: This is for the maintenance and repair of Cooling Tower #5 at the steam power plant on Woodrow Lane. BACKGROUND: Purchase Order Copy, Proposal-quotation, Memo from Tom Chastain PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Budget Repair 6 Maintenance for Electric Production FISCAL IMPACT: There is no fiscal impact on the General Fund. Respectfully submitted: Chris Hartung City Manager Prepared by: Fa n rsha , C.P.M. T Me: urchasing Agent Approved: n Marshall, ,P, . tle: Purchasing Agent 215 E•McKINNtY ST. Puba"UASE"b #~Ef~ DlcNTON, TX 7=1 P, 0. NUMBER DATEIVENPOR NO, 68336 05/80/$5 C05 DOCUMENT TS MARS6000 VENDOR: SHIP TO: MARLEY COOLING TOWER CO. ELECTRIC PRODUCTION C/O WILCO SALES INC. CONFIRMATION ONLY P.O. SOX 226 00 NOT DUPLICATE DALLAS* TX 75235 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION - BID NO. UNE AMOUN 01 610 008 02518339 E314 1 REPAIR UNITI5 COOLING TOWER 21.435.00 02 610 008 0251:8339 E314 065-15-4-05 The City of Denton, Texas Is tax exempt • House Bill No. 20. 7AL FOR P.O. 21.435. ac' Reference P.O. Number on all K Shipments and Involces. Shipments are F.O.B. City of Donlon, or as Indicated. Send invokes T0: Meet All Inquiries TO: City of Denton, Accounts Payable John J. Marshall, O.P.M. Purchasing Agent 215 E A1cKinney St., Denton, TX ?8201 Tom D. Shaw, C.P.M. Asst. Purchasing Agent Phone 81708.8223 81713888311 DIFW Metro 2874012 The City of Denton Is an equal opportunity employer fill a.. i i THE MARLEY COOLING TOWER COMPANY Represented by: WELCO SALES, tNCJP.O. Bo-.. 36226/2213 Butter Street/Dallas, Texas 752351Phone: 214/6318150 May 13, 1985 City of Denton Steam Power Plant 1701 Spencer Road Denton, Texas 76201 voir 01' Attn: Mr. Tun Chastain SURM: REPAIR QUOTATION STEAM ELECTRIC :,Lkjr TOWER X65-15-4-05 MARLEY ORDER #12-54-70 Gentlemen: We are pleased to submit our confir= quotation for covers over the hot water distribution basins of the subject Marley Cooling Tower: Materials consisting of wood framing in the hot water basin and 3/4" plywood removable sections at the elevation of thr, top end of the basin sides and end, MATEtIS, FOB FACIORIES WITH FULL FREIGHT AUDM M DENM, TEXAS $210435.00 NOZFS: (2) Terms are net 30 days, invoiced as materials are shipped and/or as labor is performed. (2) These prices are firm provided an order is placed within 30 days. (3) Shipment can be made in 6 to 8 weeks. Very truly yours, W ELM SALES, INC. vY v~21~ j'[~-~ W. s. Keeney ARLEY A MARLEY COMPANY CITY Or Dzu"N uYr.rn~.e M E N 0 R A N 0 U N NMI ~ ~ M~~MN r~tMM~r ~ ~~~rNMN ~r~N N~~ rrr NM~~+.ir~l~r TO: E. B. Tullos, Assistant Director of Utilities Electric Divisions FROM: Tom Chastain, Superintendent, Electric Production Div, DATES May 14, 1985 SUBJECTi Repair of the /5 Cooling Tower The attached purchase request is for a cover over the M5 cooling tower hot water basin. This is to help control foam and drift from the tower and to control algae growth from direct sun light. The foam and drift can damage auto finishes, paint, insulators in the substation, etc. This area has built up to the point where we need to start controlling the foam and drift the best we can to avoid a possible law suit resulting from damages. We covered the 04 tower last fall and it has helped quite a lot to control the foam and drift, Tom Chastain, Superintendent Electric Production Division TC/bj Attachments 1 , . r DATE: June 4, 1985 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: PURCHASE ORDER #68381 BASIC WASTE SYSTEMS $49307.42 RECOMMENDATION: We recommend this emergency purchase order for the repair and maintenance of our equipment #1850 used by the Solid Waste Division of Public Works be approved in the amount of $4,307.42, SUMMARY: This emergency purchase is for the rebuilding of the side assembly of our packer body equipment #1850. This unit is used for the pick up of Solid Waste from various points in the City and hauled to the landfill. BACKGROUND: Purchase Oreder Copy Work Order Copy PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Keep the equipment repaired and running to pickup waste as scheduled. FISCAL IMPACT: There is no fiscal impact on the General Fund. Respectfully subr:.itted: Chris Hartung City Manager Prepared by: tom---. of n . Marshall, C.P.N. tie: Purchasing Agent Approved: a n rs a G.F.M. T e: Purchasing Agent F tw. .~3s ~ w x ~CI'T'1r OF'b~~VrtON, 1~~XAS 215 E. McKINNEY ST, ACHASE ORDER DENTON, TX 76201 P. 0. NUMBER DATEIVENDOR NO. DOCUMENT TYP 641381 03/21/83 C14 g SAS5s0o01 VENDOR: SHIP TO: BASIC WASTE SYSTEMS VEHICLE MAINTENANCE 4842 ALEXANDER.LN CONFIRMATION ONLY. DALLAS* TX 78247. DO:NOT.DUPLICATE j REM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. UNE AMOUN '01 710 004 0598 8710 1 81850 REPAIR REAR PACKING UNIT 4307.42 V~ I The Clty of Denton, Texas Is tax exempt • House Bill No. 20. TO rAL 'FOR P•O• 4 *307.42 Reference P.O. Number on all K Shipments and Invoices. ' Shipments are F.O.B. City of Denton, or as indicated. Sww inroioee TO. D1not All Inquirlee TO: City of Denton, Accounts Payable John J. Marshall, C.P.M. Purchasing Agent 216 E. McKinney St., Denton, TX 76201 Tom D. Shaw, C.P.M. Asst, Purchalainq Agent Phone 817161388223 817088311 DlFW Metro 28740Q The City of Denton Is an equal opportunity employer L ' '1041 ►Amn antkltb AN tliw wets! iht7MD OrKa*St JI- T ~lti~ I NAM[ - D a0, / p /d/ c • ■ I pro, .r NzAkav qAb• DRi OCTOW k f u 0. a opt OOt'~tet• J d y oCa d y tN~Ml1 IlYlM OLU k Ju7 lY•NIC tT C Wl VRAM$ YIIJ } w~II{~ r ►Olr~* ~J I vi ~ q'Vlc~ I!V 7d - ! S 41#1 'w2_ C~ M I400 1518 00 al-Q018~1 err, ~ i n e _ ...,ALL. i AI "4~, R.~i.~l.. ~.wwy4' '!Y.'t • . 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Chris Hartung, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING A TRACT OF LAND CONSISTING OF APPROXIMATELY 136.588 ACRES BEGINNING APPROXIMATELY 500 FEET EAST OF THE CENTER LINE OF US Hn 377 AND SOUTH OF BRUSH CREEK ROAD (A-11) RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 13, 1985. SUMMARY: This is an involuntary petition for annexation initiated by the City of Denton. A 172 acre development including predominately single family housing, townhouses, six acres of commercial; and approxi- mately 3 acres of retail and multi-family is proposed. This tract is approximately 2 miles south of the urbanized area of the City. BACKGROUND: The City Council directed staff to initiate the annexation process at its meeting of July 3, 1984. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Two (2) reply forms were mailed to ownera of property in the affected area. None were returned. FISCAL IMPACT: Undetermined Respectfully submitt d: • 49, G. Chr s Hartung City Manager Prepare by: 1 David Ellison Senior Planner Appro r Jeff Msynr Director of Planning and Community Development 07829 IOIOL 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 136.58 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE GEORGE DAUGHERTY SURVEY, ABSTRACT N0. 351, DM;0N COUNTY, TEXAS; CLASbl YING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request fcr annexation was introduced at a regular molettng of the City Council of the City of Denton, Texas, on the petition of the City of Denton, Texas; and WHEREAS, an opportunity was afforded, at a pubic hearing held for that purpose on the !9 12 day of 11 185 in the Council Chambers for all Vote-Tasted persona to sae their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was afforded, at a public hear Lng keid for that purpose on the A~d day of 247 e ( 1985 to # the Council Chambers for all- interested periods to ate a their views and present evidence bearing upon the snnexatlc.i provided by this ordinance; and WHEREAS, this ordinance has been published in full at lest one time in the official newspaper of the City of Denton, Texas, prior to its effective cats, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY Or DENTON HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, snd the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land find the present a-id future tahabitants thereof shall be entitled to •ll the rights and nriv!.:ages of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hn:eafter be enacted and the property situated therein shall be su:)Ject 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--:tt: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the George W. Daugherty Survey, Abstract No. 1519 N. HaSSW Survey, Abstract No. 517 and the W. Hudson Survey, Abstract No. 586 and more parLa'ularly described as follows: BEGINNING at a point in the present city limits an established by Ordinance No. 69-40, Tract III, said point lying 500 feet east of and perpendicular to the canterline of U. S. Hi hvay No. 317 and :n the north boundary line of the George W. Daugherty Survey, Abstract No. 351 and the south boundary line of the Jaws Severe Survey, Abstract No. 1164, said point also lying is an east and west county road known as Brush Creek Road; T arc north 89°41'40" east along said surv -o lines and to said county road, a distance of 1624.44 feet to a point for a cornar; THENCE south 0°33'13" watt a distance of 805 feat to a point for a corner; A-lI/WOODCREE.C (377 SOU'T'H)/PIKE ONt 777777~, 7:` .ice d? c ,{k°.~ r 7 77 S iV1 ~h 1 v 1 : e w l.,l £ J A.. THENCE north 89°15'26" west a distance of 163.8 feet to a point for a corner; THENCE south 0°S1'SSI' east ■ distance of 394.5 feet to a point for a corner; THENCE south 2°59'17" west a distance of 919.7 feet to a point for a corner; THENCE north 89°38'13" watt a diitaoce of 1452.9 feet to a point for a corner; THENCE south 0°13'18" west a distance of 1032.26 feet to a point for a corner; THENCE south 79°08'04(' west a distance of 1789.01 feet to a point for a corner, said point lying-46 in the prasaIt city limits line as established by Ordinance yo• 6'Cract III, said point also being 370 feet east of and perpendicular to the centerline of V.S. Hwy. i i THENCE north 27°28' test along said present city limits, 5000 feet east of and pparallel to the centerline of said highway a distance of 3907.86 Eaot to the placa of beginning and containing 136.53 acres of land, more or lass. SECTION It. The above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official coning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. This ordinance shall be effective immediately upon its parsage. Introduced before the City Council an the d3 4 day of As ti 1985. -lap PASSED AND APPROVED by the City Council on the day of 1983. KICRARL) MUM AM U. CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORMS JOE D• MORRIS, ACTING CXTY ATTORNEY CITY Or UNTON, MW BY: ` i A-11NOODC111K (377 SOUTH)/PA62 TVO `v fie rm w - :r .r .4x.. a ^ a t s,". a 5' r f ' 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: 1. Basic; Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fir6 protection by the present personnel and equip- ment of the fire fighting fore, will be provided on the effective date of annexation. C. Water (1) Stater for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will bo 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 Le 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 arnexation 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, '.;A p n !v- i' r l n` I rjr' w v v'. 1 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 ccnsists of a five year plan that is up- dated yearly, The Plati+ 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, a.-,d 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. 1111 i 1 FA-11 Q i 7 N r' MOL S i n 1 t J I ~ 3 j r 1 r :..I sooooo. A-11 ANNEXATION SCHEDULE February 25, 1985 Suomit agenda item February 26, 1985 Suomit agenda back-up 'March 05, 1985 City Council sets date, time and place for public hearing March 061 1985 Notice to Denton Recicd Chronicle March 08, 1985 Publish notice and mailout March 110 1985 Submit agenda item March 12, 1985 Submit agenda back-up P' "March 19, 1985 City Council holds public hearing March 200 1985 Notice to Denton Record Chronicle March 22, 1985 Publish notice and mailout ;larch 250 1985 Submit agenda item March 26, 1985 Submit agenda back-up *April 02, 1985 City council holds public nearing April 15, 1985 Submit agenda item April 16, 1985 Submit agenda bacK-up *April 23, 1985 Special called meeting of City Council to institute annexation proceedings April 25, 1985 Ordinance to Denton Record Chronicle April 28, 1985 publish ordinance May 27, 1985 Submit agenda item May 28, 1985 Submit agenda back-up r *June 04, 1985 Final action by City Council *Denotes action by the City Council 09649 P a z Minutes March 13, 1985 Page 8 Mr, Bell stated he did not recently move onto this channel, he has been there for five ye-i's and stated he did not have a water drainage problem intil developers up the road started to develop. He said he has been in business since 1951. At this location, Chore has been a beauty shop and a Horse Shoe Inn. He stated he is not a developer, but a contract plumber and his inten- tions ato not to go in and divide this tract up into lots for sale. Chair declared the public hearing closed. Mr. LaBorts made a motion to approve the petition of Robert Bell, requesting a variance of Article 4.15 of the City of Denton Subdivision and Land Development Regulations, with respect to drainage requirements, on a development consisting of a one acre tract located on the west side of Duncan Street between Smith and Dallas Drive (V-12). Seconded by Mr. Juren. Mr. Sidor commented that apparently the city has had problems previously with other developers. He asked if they have put up their money for ,drainage improve- ment- and we grant a variance, how will they feel. Mr. LaPorte commented if those developers wanted a variance, they shc.uid have come arnd asked for it. He added, he doesn't know their particular case or even if they would qualify for a variance. Vote was called and motion passed unanimously (6-0). B. Consider recommending approval of preliminary and final replat of the John A. Hann's Addition, Block 2, Lot 4-R1. i Ms. Carson stated this is a tract of 0.149 acres east 1 of Austin Street and south of Hann Street. The site is zoned multi-family and multi-family.development is anti- cipated. She added the problems with Building Insrec- tions have been worked out an! Development Review j Committee recommends approval. No one spoke in favor or In opposition to the request. Chair declared the public hearing closed. Mr. Juren made a isotion to recommend approval of the preliminary and final replat of the John A. Hann's Addition, BLc~lk 2, Lot 4-R1. Seconded by Mt. dscue and unanimously carried (6-0). V. Conbiderations A. Recommend approval of the petition of the City of Denton for annexation of approximately 136.58 acres beginning approximately 500 feet test of the centerline of U.S. Highway 377 and south of Brush Creek Road (A-11). Mr. 61Lison stated on July 3, 19840 the Planning and • Community Development Department reported plans for a proposed 172 acre development consisting of predomin- ately sin Is family housing, townhousese six acres of commercials and approximately three acres of retail and multi-family, He stated this property is a good example of why we have developed the subdivision and Land De- velopment Regulations- Residential development does nots• Pay for itself especially in the area of water and sawer, The site it currently located in the extra- territorial jurisdiction of the City of Denton and the . P i Z Minutes March l3, 190S Page 9 City Council directed staff to begin annexation pro- cess. He continued due to delays in obtaining a proper legal description, changes in staff responsibilities, and questions concerning utilities servicer processing of the annexation petition has been slower than usual. He added electric service to available from both the City of Denton and TP&L. Water service must be planned in conjunction with Argyle, because it too is in a dual service area and extending City of Denton mains is not a feasible altern.-tive. Sewer service is to be provided by the City of Uenton, The Development Review Committee has reviewed a preliminary plat of the proposed develop- ment, Woodcreek Subdivision and has withheld a recommend- ation of approval pending comments al-3 acceptance of the Argyle Water Company for requested sale of water. Mr. LaForte made a notion to recommend approval of the petition of the City of Denton for annexation of approx- imately 136,58 acres beginning approximately 500 feet east of the centerline of U.S. Highway 377 and south of Brush Crack Road (A-11). Seconded by Mr. Sidor and unanimously carried (6-0). 8, Recommend approval of the petition of the City of Denton for annexation of approximately 65.12 acres beginning 350 feet south of and perpendicular to the centerline of U.S. Highway 380 and east of Oessling Road (Capricorn Mobile Home Park and surrounding properties) (A-13). Mr. Ellison stated the Holigan Development Corporation w+shes to expand and improve the existing Capricorn Mobile Home Park, the existing park is situated on approximately 30 acres and an addittoy.al 63 plus acres is proposed for mobile home land use at approximately 6 to 7 units per acre. Upgraded utility service to the existing mobile home park is a potential plus of the proposul. He continued, a preliminary plat of the area proposed for expansion has been submitted for review. The City Council issued a directive to staff to initiate the annexation process of the existing park and propostd area of expansion at its meeting of December 18, 1984. He added the Planning and Zoning Commission, the Public Utilities Hoard and the City Council approved a request for the extension of City utilities to the site. He added, the city will have to provide water, sewer, and police protection. On question from Mr. Sidor, Mr, tllison stated the ,.ewer woi•1.d be extended from Oeesiing Road across to Capricorn. They aro currectly using septic systems. Mr. Jucen made a motion to recommend approval of the petition of the City of Denton for annexation of ap- proximately 65.12 acres beginning 330 feet south of and perpendicular to the centerline of U.S. Highway 380 and east of Osesling Road (Capricorn Mobile Home Park and surrounding properties) (A-13). Seconded by Mr. Sidor and unanimously carried (6-0). C. Recommend approval of the petition of the City of Denton for annexation of approximately 42.35 acres of land situated in the S, Huiear Survey, Abatr4ct 514, and beginning approximately 500 feet north of and perpendicular to the centerline of U9 Highway 360 and west of March Branch Road (A-15), Mr, Ellison stated this annexation represents the balance of the Tri-Steal Strect0tesI Inc., property beginning at the northeast dt:nsr of 100 west and q j J 5 ..1 .LJ M1 A 4" 7-1 ~.~.'I. ] j1 `I f i 4~ rb . 1. , t DATB: 06/04/85 CITY COUNCIL RBPORT FORMAT , TOs Mayor and Members of tht City Council J1 ' , FROM: G. Chris Hartung# City Manager SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING A TRACT OF LAND CONSISTING OF APPROXIMATELY 65.12 ACRES BEGINNING 350 FEET SOUTH OF 40 AND PERPENDICULAR TO THE CENTER LINE OF US HWY 380 EAST AND EAST OF GEESLING ROAD (A-13) RECOMMENDATION: She Planning and Zoning Commission recommended approval at its meeting of March 131 1985. SUMMARY: The Holigan Development corporation has informed staff of tentative plans to Improve and expand the existing Capricorn Mobile Home Park. Capricorn Mobile Home Park currently consists of approxi- mately 30 acres and 150 residents. An additional 63 ± acres are included in the proposed expansion area at 6-7 units per acre. BACKGROUND: This is an involuntar, atition initiated by the City of Denton following review of a liminary plat to the Development Review Committee via the Planning and Community Development Department. A specific use permit request has not been filed. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: One (1) property owner was notified concerning this petition and no reply form was returned. Existing housing and population must be provided with City services per attached service plan. FISCAL IMPACT: Undetermined Respecul subm i G. Chris Hartung Prepared by: City Manager David Ellison Senior Planner Appro XVIA WELS-LA Jeff Meyer Director o Planning and Community Development 0782s " F~ qi~.e ~74 ,~'x r > ♦ is ~ ""Kt: ' ~ ~e r1 i`~' pp t ".r . it 1}~rf [5 '~i 1013E 01 NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT 'r0 THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PAi,CEL OF LAND CONSISTING OF APPROXIMATELY 93.67 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THI: M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request 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 WHEREAS, an opportunity was forded, at a public hearing held for that purpose on the ~9 day of t4l r ►4, , 1985 in the Council Chambers for alr_4_erested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was ffforded at a ublic hearing held for that purpose on the a , day o 'P ; , 1985 in the Council Chambers for al nterested pers ns 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 )f the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made `sereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to-wit: All that certain trACL or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the M. Forrest Survey, Abstract No. 417, and more particularly described as follows: Tract I: BEGINNING at a point in the present city limits as described in Ordinance No. 69.40, l:act V, said point lying 330 feet south of and perpendicular to the center line of U. S. 380 and in the east boundary line of Lot 4, Block A of the subdivision of said Forrest Survey, ease being the east boundary line of a tract conveyed to FSCS Company by deed recorded in Volume 1099, Page 923 of the Deed Records of Denton County, Texas; THENCE south 1°40' west, along the east boundary line of said lot and tract, a distance of 339.31 feet to a point for a corner, same being the southeast corner of said lot and tract; THENCE north 87°07'30" west, along the south boundary line of maid lot and tract, a distance of 343.26 feet to a point for a corner, same being the southwest corner of said tract; A•13/CAPRICORN MPH//PACE ONE THENCE north 1°03'40" west, along the west boundary line of said tract, a distance of 227.9 feet to a point for a corner in the said city limits; THENCE north 81*261 east, along said city limits, 35U feet south of and perpendicular to the center line of said U.S. 380, a distance of 564.97 feet ro the place of beginnit.g and containing 3.59 acres of land, more or less. Tract II: BEGINNING at the northwest corner of a tract of land conv`eyed'to FSCS Co. by deed recorded in Volume 1197, Page 564 of the deed records of Denton County, Texas, same being the northwest corner of Lot 10, Block A of the subdivision of the N. Forrest Survey, Abstract No. 4'.7, said point also lyingg in the east line of a north and south county road known as Geesling Road; THENCE north 87°04'15" eait, along the north boundary line of said tract and lot, passing the southwest corner of the above described Tract I, a distance of 1485.18 feet to a point for a corner; THENCE north 86°56'59" east, continuing along said lines, a distance of 1379.92 feet to a point for a corner, same being the northeast corner 3f said FSCS Co. tract and Lot 11, Block A of said subdivision; THENCE south 2°53'35" eat• along the east boundary line of said FSCS tract and Lot 11, a distance of 379.39 feat to i point for a corner, same being the southeast corner of said FSCS tract; THENCE south 86°59'04" west along the south boundary line of said FSCS tract, a distance of 2527.35 feet to a point; THENCE south 87°18'40" vest, continuing along said south boundary line, a distance of 338.60 feet to a point for a corner, sane being the southwest corner of said FSCS tract and in the east line of said county road; THENCE north 2°45'51" west along the west boundary line of said FSCS tract and the east line of said county road, a distance of 379.69 feet to the place of beginning and containing 24.96 acres of land, more or less. Tract IIIt BEGINNING of the northwest corner of a tract of land convey'eto James H. Russell, Jr. by deed recorded in Volume 578, Page 515 of the Deed Records of Denton County, Texas, same being the southwest corner of the above described Tract II, said point also lying in the east line of a north and south county road known as Geesling Road, THENCE south 89°32'49" east along the north boundary line of said Russell tract, same being the south boundary line of the above described Tract II, a distance of 338.12 feet to a point; THENCE south 89°50'58" east, continuing along said lines, a distance of 2526.83 feet to a point for a corner, same being the southeast corner of said above described Tract II; THENCE south 0°17'13" east, a distance of 663.40 feet to a point for a corner; THENCE south W S612111 west, a distance of 712.0 feet to a point for a corner; THENCE north 89°24139 west, a distance of 728.48 feet to a point for a corner; THENCE south 0°07'32" east, a distance of 985.11 feet to a point for a corner, said point lying in tho north line of the east and west county road known as Blagg Road; A•13/CAPRICORN MPH//PACE TWO F ti~. , lF 1 _}r: THENCE north 89°54'30" west along the north line of Blagg Road, a distance of 719.56 feet to a point for a corner; THENCE north 0°05'30" east, a distance of 365 feet to a point for a corner; THENCE north 89°34'30" west, a distance of 36.28 feat to a point for a corner; THENCE north 46013'49" east, a distance of 45.10 feet to a point for a corner; THENCE south 89°59'49" west, a distance of 549.5 feet to a point for a corner; THL'NCE north 40°27'41" west, a distance of 255.8 feet to a point for a corner, said point lying in the east line of Geesling Road; and the west boundary line of said Russell tract; THENCE north 0°00'11" west, along tia west boundary line of said Russell tract and east line of Geesling Road, - distance of 459.04 feet to a point for a corner; THENCE south 89°54'18" east, a distance of 337.0 feet to a point for a corner; THENCE north 0°55'15" east, a distance of 538.17 feet to a point for a corner; THENCE north 89°27'34" vest, a distance of 337 feet to a point for a corner in the east line of said Geesling Road; THENCE north 0°30'22" west, along the east line of Geesling Road, a distance of 59.37 feet to the place of beginning and containing 65.12 acres of land, more or less. SECTION II. The above descrf.bed property is hereby classified as Agricultural "A" District and shall so appear on the official toning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. This ordinance shall be effective imaediateiy upon its passage. Introduced before the City Council on the .2-1 `(day of ~N .i , 1985. _ PASSED AND APPROVED by the City Council on the day of 1985. CITY OF DENTON, TEXAS ATTEST: CHMEOTTE A , CITY SECKETM CITY Of DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS IY: A•13/C;.PRICORN MPH//PACE THREE ~ 4 : f W. ~ •i: k~~VA +r 'F,' f.i yr. is e ~ Fo x S ~PLAN OF SERVICE FOR ANNEYED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 971a 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: 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 ;ontrol devices will be installed as the need therefore is established by appropriate steady and trafl"ic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the a:inexed areas wil.1 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 pre- vided within the city will be e.tended to the annexed area within one month after the effective date of annexation. i •,_i i r f` t t. j 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 .:ity (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. Serviee P1a 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 probl:ms 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. %out Ar•13 1 . - . ►w - it . JJ. • //t { I 7 / r` ♦ l ~ //////111 ~ ; \ \\\1{l II/ lIr { a r/~ 1 ~.i ff1rl M./ ~ W„r WS I II ' li F)~ y ' / 1! EI of 0. weer rwa s P-+3 A-13 ANNEXATION SCHEDULE February 2:, 14985 Submit agenda item February 26, 1985 Submit agenda back-up *March 05, 1985 City Council sets date, time and place for public hearing March 06, 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March 11, 1985 Submit agenda item March 12, 1985 Submit agenda back-up *March 19, 1985 City Council holds public hearing March 20, 1985 Notice to Denton Record Chronicle March 22, 1985 Publish notice and mailout :larch 25, 1985 Submit agenda item March 26, 1985 Submit agenda back-up *April 02, 1915 City Council holds public hearing r April 15, 1985 Submit agenda item April 160 1965 Submit agenda back-up ~j *'►pri: 23, 1985 Special called meeting of City Council to institute annexation proceedings April 25, 1985 Ordinance to Denton Record Chronicle April 28, 1985 Publish ordinance May 27, 1985 Submit agenda item May 28, 1985 Submit agenda back-up *June 04, 1985 Final action by City Council *Denotes action •y the City Council 09648 r v rs P & 3 Minutes March 13, 1985 Page 9 • City Council directed staff to begin annexation pro- cess. He continued due to delays in obtaining a proper legal description, changes in staff responsibilities, and questions concerning utilities servicar processing of the annexation petition has been slower than usual. He added electric service is available from both the City of Denton and TP&L. Water service must be planned in conjunction with Argyle, because it too is in a dual service area and extending City of Denton mains is not a feasible alternative, sewer service is to be provided by the City of Denton. The Development Review Committee has reviewed a preliminary plat of the proposed develop- ment, Woodcreek Subdivision and has withheld a recommend- ation of approval pending comments and acceptance of the Argyle Water Company for requested sale of water. Mr. LaForte made a motion to recommend approval of the petition of the City of uenton for annexation of approx- imately 136.58 acres beginning approximately 500 feet east of the centerline of U.S. Highway 377 and south of Brush Creek Road (A-il). Seconded by Mr. Sidor and runanimously carried (6-0). B.f Recommend approval of the petition of the City of Denton for annexation of approximately 65.12 acres beginni 350 feet south of and perpendicular to the centerline of U.S. Highway 380 and east of Oeesltng Road (Capricorn Mobile Home Park and surrounding properties) (A-13). Mr. &kltson stated the Hottgan Development Corporation wishes to expand and improve the existing Capricorn Mobile Home Park. The existing park is situated on approximately 30 acres and an additional 63 plus acres is proposed for mobile home land use at approximately 6 to 7 units per acro. Up railed utility service to the existing mobile home park is a potential plus of the proposal. He continued, a preliminary plat of the area proposed for expansion has been submittod for review. The City Council issued a directive to staff to initiate the annexation process of the existing park and proposed area of expansion at its meeting of December 18, 1984. He added the Planning and Zoning Commission, the Public Utilities Board and the City Council approved a request for the extension of City utilities to the site. He aided, the city will have to provide water, sewer, and police protection. On question from Hr. Sidors Mr. Ellison stated the sewer would be extended from oeesling Road across to Capricorn. They are currently using septic systems. Mr. Juren made a motion to recommend approval of the petition of the City of Denton for annex.tion of ap- proximately 65.12 acres beginning .150 fact south of and perpendicular to the centerline of U.S. Highway 380 and east of Oeasling Road (Capricorn Mobile Home Park and surrounding properties) (A-13). Seconded by Mr. Sidor and unanimously carried (6-0), C. Recommend approval of the petition of thu City of Denton for annexation of approximately 42.J5 acres of land situated in the 9, Hutear Survey, Abstract 5140 and beginning approximately 500 feet north of and perpendicular to the centerline of US Highway 380 ani west of Masch Branch Road (A-15). Mr, Siltson stated this annexation represents the balance of the Tri-Steel Structures, Inc., property beginning at the northeast corner of 380 west and DA E: ' 04/04/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING A TRACT OF LAND CONSISTING OF APPROXIMATELY 42.35 ACRES SITUATED IN THE S. HUIZAR SURVEY, ABSTRACT 514 AND BEGINNING APPROXIMATELY 500 FEET NORTH OF AND PERPENDICULAR TO THE CENTER LINE OF US HWY 380 AND WEST OF MASCH BRANCH ROAD (A-15) RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 13, 1985. SUMMARY: This is the balance of the Tri-Steel Properties, Inc. BACKGROUND: City Council requested annexation of the entire Tri-Steel parcel. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: One (1) property owner was notified and no reply foam was returned. FISCAL IMPACT: Un9etermined Respectfully submi ted: • G, hris a u-rrg City Manager Prepared by: (WIQ HP-Ly'.wo 11 - David Ellison Senior Planner Appr 1&UV"6 Jeff Meyer Directur of Planning and Community Development 07829 .:N. l .,i14 a " r Jwh.; r ,'i :i a P N. r.A ~ 4 r r, yI4 r ' 012L NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTONs TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 42.35 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE S. HUIZAR SURVEY, ABSTRACT NO. 514s DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of Tri-Steel Structures, Inc.; and WHEREAS, an opportunity wa afforded, at s public hearing held for that purpose on the 1° day of Ala en , 1985 in the Council Chambers for all nterested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity wps afforded, at a public hearing held for that purpose on the a day of , 1985 in the Council Chambers for all n erested pars arto state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, `::is ordinance has been published in full at 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 Or" DENTON HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall he 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 cettain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the S. Huizar Survey, Abstract No. 5140 and more particularly described as follows: BEGINNING at a point in the present city limits as described in Ordinance No. 74.36, Tract 5, said point lying 500 feet north of and perpendicular to the center line of U. S. Hwy. 380 and in the west boundary line of a tract of land conveyed to John F. Brown by deed recorded in Volume 10921 Page 748 of the Deed Records of Denton County, Texas; THENCE north 0°49'16" west along the west bounder; line of said Brown tract, a distance of 969.60 feet to a point for a corner, same being the r ethwest corner of said Brown tract; THENCE north 89*02'33" east along the north boundary line of said Brown tract, a distance of 2090.55 feet to a point for a corner, A-15/TRI-STEEL STRUCTURES, INC./PACE ONE 'i ~ 4 ^ to f same being tt.e northeast corner of said Brown tract, said point lying in the west line of a north and south county road known as Masch Branch Road; THENCE south 1°23'18" east, along the east boundary line of said grown tract, same being the west line of said county road, a distance of 555.7 feet to a point for a corner; THENCE south 88°36'24" west, a distance of 390.89 feet to a point for a Gorier, said point lying in the center of a creek; THENCE southerly along the center line of said creek the following five (5) calls: (1) south 12°54'08" east, 95.07 feet; (2) south 56°16'35" west, 178.4 feet; (3) south 87°48'54" west 106.69 feet; (4) south 20°57'02" west, 132.88 feet; (5) south 5{°07'11" east, 218.41 feet to a point for a corner in the said -resent city limits; THENCE north 89°21'56" west, along the said present city limits a distance of 1587.90 feet to the place of beginning and containing 42.35 acrts of land, more or less. SECTION 11. The above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official toning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION 111. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the A3 A day of , 1985. PASSED AND APPROVED by the City Council on the day of 1985. RICHARD 0. STEWART$ MATOR CITY OF DENTON, TEXAS ATTEST: T'AY CHARLOTTE ALLEN9 CITY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: .70E D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY. A-IS/TRI-STEEL STRUCTURES, INC./PAGE TVO FLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAT;. Article 970& as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annoxing 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 fT 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, a.d other routine police services, using presewc personnel and equipment, will be provided ov the effective date of annexation; (2) Traffic signals, traffic ,igns, street markings, and other traffic cont-ol devices will be installed as the need therefor.; is established by appropriate study and traffic standards. B. Fire (1) Fire pr.cection by the present personnel and equip- ment if the fire fighting force, will be provided on Lhe effective date of annexation. C. Wat,.r (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas, E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will bo extended to the annexed area within one month after the effec•..ive date of annexation. J Service P' .'Ad AnnexeO Areas Pago Cwo F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, eta.) 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 uce 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 Mstribution (1) The city recommends the use of City of Denton for electric power, ,a y a : n.. / - . . ~ 4 t r Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs wht?re needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. M. 7-7 :r ,;-w!~,i/ . - .+r~►. su- ~r N f4 . i t ii 1 1 A-15 ANNEXATION SCHEDULE February 25, 1985 Submit agenda item February 26, 1985 Submit agenda back-up *March 05, 198: City Council sets date, time and place for public hearing Marcn 06, 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March il, 1985 Submit agenda item March 12, 1985 Submit agenda back-up *March 191 1985 City Council holds public hearing March 201 1985 Notice to Denton Record Chronicle March 22, 1985 Publish notice and mailout March 25, 1985 Submit agenda item March 26, 1985 Submit agenda back-up *April 02, 1985 City Council holds public hearing April 15, 1985 Submit agenda item April 16, 1985 Submit agenda back-up ✓ "April 23, 1985 Special called meeting of City Council to institute annexation proceedings April 25, 1985 Ordinance to Denton Record Chronicle April 28, 1985 Publish ordinance May 27, 1985 Submit agenda item May 28, 1985 Submit agenda back-up *June 04, 1985 Final action by City Council 'Denotes action by the City council 09648 F. ` .vf P & Z Minutes March 13, 1985 Page 9 City Council directed staff to begin annexation pro- cess. He continued due to delays in obtaining a proper legal description, changes in staff responsibilities, and questions concerning utilities service) processing of the annexation petition has been slower than usual. He added electric service is available from both the City of Denton and TP&L. Water service must be planned in conjunction with Argyle, because it too is In a dual service area and extending City of Denton mains is not a feasible alternative. Sewer service is to be provided by the City of Denton. rho Dev•l.opment Review Committee has reviewed a preliminary plat of the proposed develop- ment, Woodcreek Subdivision and his withheld a recommend- ation of approval pending comments and acceptance of the Argyle Water Company for requested sale of water. Mr. LaForte made a motion to recommend approval of the petition of the City of Denton for annexation of approx- imately 136.58 acres beginning approximately 500 feet east of the centerline of U.S. Highway 377 and south of Brush Creek Road (A-11). Seconded by Mr. Sidor and unanimously carried 16-0). 3. Recommend approval of the petition of the City of Denton for annexation of approximately 65.12 acres beginning 350 feet south of and perpendicular to the centerline of U.S. Highway 380 and east of Oeesling Road (Capricorn Mobile Home Park ani surrounding properties) (A-13). Mr. Ellison stated the Holigan Development Corporation wishes t,-~ expand and improve the existing Capricorn Mobile Home Park. The existing park is situated on approximately 30 acres and an additional 63 plus acres is proposed for mobile home land use at approximately 6 to 7 units per acre. Upgraded utility service to the existing mobile home park is a potential plus of the proposal. Ho continued, a preliminary plat of the area proposed for expansion has been submitted for review. The City Council issued a directive to staff to initiate the annexation process of the existing park and proposed area of expansion at its meeting of December 18, 1984. He added the Planning and Zoning Commission, the Public Utilities Board and the City Council approved a request for the extension of City utilities to the site. He added, the city will have to provide water, sewer, and police protection. On question from Mr. Sidor, Mr. Ellison stated the sewer would be extended from Oeesting Road across to Capricorn. They are currently using septic systems. Mr. Juren made a motion to recommend approval of the petition of the City of Denton for annexation of ap- proxivately 6S.12 acres beginning 350 feet south of and perpendicular to the centerline of U.S. Highway 380 and east of Oeesling Road (Capricorn Mobile Home Park and surrounding properties) (A-13). Seconded by Mr. Sidor snd unanimously carried (6-0). C.r Recommend approval of the petition of the City of Denton fn annexation of approximately 42.35 acres of land s.. ad in the S. Huisar Survey, Abstract 514, and beginning approximately 500 feet north of and perpendicular to the centerline of U8 Highway 380 and west of March Branch Raid (A•15), to Mr. Elltson stated this annexation represents the balance of the Tri-Stool Structures, Inc., property beginning at the northeast corner of 380 wist and J i~ A} ~ Q ~ b! yl i 1 -r a l P ; Z Minutes March 130 1985 Page 10 Masch Branch Road. Zoning and plat approval for a five acre office site has been reviewed and accepted by the Planning and Zoning Commission and City COuncll. The City Council directed staff to annex the entire Tri- Steel Structures, Inc., property in October, 1984. Annexation of the balance of the parcel was delayed pending the submission of a proper legal description. He added this is an involuntary annexation; however, the property owner has not objected to date. Mr. S:dor made a motion to recommend approval of the petition of the City of Denton for annexation of approx- imately 42.35 acres of land situated in the S. Huizar Survey, Abstract 514, and beginning approximately 500 feet north of and perpendicular to the centerline of U.S. Highway 380 and west of Masch Branch Road (A-15). Seconded by Mr. LaPorte and unanimously carried (6-0). E D. Recommend approval of the petition of Redditch Investments Corporation for annexation of approximately 60.38 acres situated in the G. Walker Surrey, Abstract 1330, and beginning adjacent and east of Edwards Road (A-18). requestifor voluntaryeannexationrto have Planningdand Coo a unity Development Department. Tnis site is adjacent and east of Edwards Road an unimproved dirt road that must be upgraded. City will be responsible for main- tanence and paving of this dirt road unless development occurs before annexation is final. Low intensity Development Guide pnlicies are applicable to tnis site. He continued, the Allan Estates Motpile Home Park site (S-165) is located adjacent and west of Edwards Road. Existing Andrew Corporation facilities and property is also located in tale vicinity. Current land uee patterns along the Mayhill Road corridor range tt%~7 low and moderate density residential to tue City Wastewater Treatment Plant and new landfill and light industrial. 1 Mr. LaPorte made a motion to recommend approval of the petition of Redditch Investments Corporation for an- nexation of approximatly 60.38 acres situated in the G. Walker Survey, Abstract 1330, and beginning adjacent and east of Edwards Road (A-18). Seconded by Mr. Escu,r and unanimously carried (6-0). E. Recommend approval of a resolution adopting the Standard S eclfications for Public Works Construction ort entra exas a~ the spec cat ons or use in connec on w u urea public works, water utility, and private development projects for the City of Denton, Texas, qq Dentonais a memberdofhtheeNorth and std Govern- ments. Rick Svenla, gAssistant City Manager, nelped put ahmemberiofc$ever& NTCOGeCommittee$. RHedgaveeaglist sof cities who nave already adopted the specifications. He continued, atheysfindmsom pp ething different regarding specifications, He stated the city would like to adopt a set of standards with few excep- p s~ Heoadded,vtheaNTIons COG asssanverrosionecontroleCAatter in their storm management section, and we would like to include that, He pointed out the sample ordinance for Commission to view and would recommend their adopting these standards. 77- -7 7 DATEt 06/01/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE` PLAN ANNEXING A TRACT OF LAND CONSISTING OF APPROXIMATELY 60.38 ACKES SITUATED IN THE G. WALKER SURVEY, ABSTRACT 1330 AND BEGINNING ADJACENT AND EAST OF EDWARDS ROAD (A-18) RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 13, 1985. SUMMARY: This is a voluntary petition. A change in zoning request is anticipated. Low intensity development guide policies are applicable. BACKGROUND: PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt One (1) property owner was notified of the request. No reply form was received. FISCAL IMPACT., Undetermined d g : Respecif bY'-"' G. Chris Hartung City Manager Prepared by: IWJIQ David Ellison Senior Planner Appr eds Jeff Neye Direotot of Planning and Community Development 0]82e NO. AN ORDINANCE ANNEXING A TRACT OF LARD CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 60.38 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY, ABSTRACT NO. 13309 DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of RwA4iech Investments, Corp.; and WHEREAS, an opportuev y jm: afforded, at a ptlic hearing held for that purpose on the ' day of /jj.c 1985 in the Council Chambers for all -i -irested persona to state their views and present evidence bearing pon the annexation provided by this ordinance; and WHEREAS, an opportunity war. afforded, at a_public hearing held for tnat purpose on the „t fay of ✓l/ , 1985 in the Council Chambers for all interested perso s o sae their views and present evidence bearing -pon the annexation provided by this ordinance; and WHEREAS, this ordinance hits been published in full at least one time in the official nerspaper of the City of Denton, Texas, prior to its effective date, aid after the public hearin;s; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be ubject 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 tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the G. Walker Survey, Abtract No. 1330 and more particularly described as follows: BEGINNING at a point in the present city limits, said point being the northeast corner of the tract described in annuxatic.n Ordinance No. 83-16 same being the northwest corner of 1 tract of land described in Volume 297, Page 584 of the deed records of Denton County, Texas; THENCE south 86°53' east along the north boundary line of said tract, a distance of 1412.5 feet to a point for a corner, same being the northeast corner said tract; THENCE south 2°141 wost along t': east boundary line of said tract, a distance of 1867.0 feet to a point for a corner in an A-18/REDDITCH INVESTMENTS, CORP./PAGE ONE east and west portion of a county road known as Edwards Road, same being the southeast corner of said tract; THENCE norta 86°08' west along the south boundary line of said tract and in said road, a distance of 1331.3 feet to a point for a corner, same being the southwest corner of said tract; THENCE north 10°22' west along the west boundary line of said tract and in said road, a distance of 505.5 feet to a point for a corner, THENCE: north 3°27' east continuing along the west boundary line of said tract and in said road, passing at 103.4 feet the southeast corner of said tract described in annexation Ordinance No. 83.16 and continuing along said lines and city limits for a total distance of 1357.8 feet to the place of beginning and containing 60.38 acres of land, more or less. SECTION it. 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 III. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the .?3`'C day of 1985. PASSED AND APPROVED by the City Council or, the day of 1985. RICHARD .5 , MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLLNO CITY SECKETZ" CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON$ TEXAS r A-lS/REDDITCH INVESTMENTS, CORP./PAGE TWO PLAN OF SERVICE FOR AWNEXED 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 in 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 provider. on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be insta?.led as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from nev 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 c:)llection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. i rah .YC i / e' u..n. .i l r ry 't ✓ .!y' ' 71 Service Plan Annexed Areas Page two F. Stre-As 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. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K, Electric Distribution (1) The city recommends the use of City of Denton for electric power, Service 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 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. ~ C k KV:'i h 11" . i t fl L J . , r { n • .1 1- A-18 I` \ ` WARN RIAR ; a D AR OAR (CITY of PENTON) C 0 O A-18 F OL **j J ALLAN LS'ATiS MtJIL! MtMf = ;AAK K ROAD ANDREW CORP ZONE AC. LOTS DENSITY S F.• 7 25.0 113 4.5 ZERO 9.4 51 5.4 ~ M. F. 12.q 194 15 "/a fLOWAOE; 13.OE3 Ro. ar). TOTAL 60.383 358 5.q ti F VICINITY MAP W 1000' N ARKER OULY A-18 ANNEXATION SCHEDULE ✓ February 25, 1985 Submit agenda item Feuruary 26, 1985 Submit agenda back-up *March 05, 1985 City Council sets date, time and v' place for public hearing March 06, 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March 11, 1985 Submit agenda item L_~ March 12, 1985 Submit agenda back-up *March 19, 1985 City Council holds public hearing March 200 1985 Notice to Denton Record Chronicle March 22, 1985 Publish notice and mailout March 25, 1985 Submit agenda item March 261 1985 Submit agenda back-up *April 02, 1985 City Council nolds public hearing April 15, 1985 Submit agenda item ✓ April 16, 1985 Submit agenda Jack-up *April 23, 1985 Special called meeting of city Council to institute annexation proceedings April 25, 1985 Ordinance to Denton Record Chronicle April 28, 1985 Publish ordinance May 27, 1985 Submit agenda item May 28, 1985 Submit agenda back-up *June 04, 1985 Final action by City Council *Denotes action by the City Council 0964g P 6 z Minutes !March; 130 1985 Page 10 Masch Branch Road, Zoning and plat approval for a five acre office site has been reviewed and accepted by the Planning and Zoning Commission and City Council. The City Council directed staff to annex the entire Tri- Steel Structures, Inc., property In O.-tober, 1984. Annexation of the balance of the parcel was delayed pending the submission of a proper legal description. He added this is an involuntary annexation; however, the property owner has not objected to date. Mr. Sidor made a motion to recommend approval w.- the petition of the City of Denton for annexation of approx- imately 42.3S acres of land situated in the S. Htizar Survey, Abstract S14, and beginning approximately 500 feet north of and perpendicular to the centerline of SecondedhbyyMr380 and . LaForte and unanHasch imously carried (6-0). D. Recommend approval of the petition of Redditch Investments Corporation for annexation of approximately 60.38 acres situated in the G. Walker Survey, Abstract 1330, and beginning adjacent and east of Edwards Road (A-i8). Mr. Ellison stated the petitioners have submitted a request for voluntary annexation to the Planning and Community Development Department. This site is adjacent and east of Edwards Road an unimproved dirt road that must be upgraded. Citf will be responsible for main- tanence and paving of this dirt roaC unless development occurs br,fore annexation is final. Low Intensity Development Guide policies are applicable to this site. He continued, the Allan Estates Mouile Home Park site ExiatinglAndrewtCorporation facilities of Edwards wproperty dis also located In tais vicinity. Current land use patterns along the Mayhill Road corridor range from low and moderate density residential to the City Wastewater Treatment Plant and new landiili and lignt industrial. Mr. LaForte made a motion to recommend approval of the petition of Redditch Investments Corporation for an- nexation of approximatly 00.38 acres situated in the t G. Walker Survey, Abstract 1330, and beginning adjacent and east of Edwards Road (A-18). Seconded by Mr. Escue and unanimously carried (6-0), E. StandarddSpecifications for Public Works ppiConstruct'.on Nort entra Texas as t e spec c•, ions or us; in connect on with uture public works, water utility, and private development projects for the City of Denton, Texas. Mr. Clark explained the request for adoption and stated Denton is a member of the North Texas Council of Govern- ments. Rick Svenla, Assistant City Manager, helped put the specifications togetner. Mr. Jim Riddle.sperger is a member of several NTCOG Committees. He gave a list of cities wao nave already adopted the specifications. gg He that continued, commenti different regarding specifications. He stated the city would like to adopt a set of standards with feu excep- Htieoaddedns or nassanverras a osionecontrolechapter in tneir storm management section, and we woi;id like to include that. He pointed out the sample ordinance for Commission to view and would recommend their adopting these standards. 1 DATE: 06/04/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: ADOPTION OF AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR ANNEXATION OF APPROXIMATELY 258.56 ACRES BEING PART OF THE S. MYERS SURVEY, ABSTRACT 843, AND THE A. MILLER SURVEY, ABSTRACT 887, AND BEGINNING WEST OF UNDERWOOD ROAD, EAST OF C. WOLFE ROAD, SOUTH OF JIM CHRISTAL ROAD, AND NORTH OF TOM COLE ROAD (A-21) RECOMMENDATION: Staff recommends that public hearings be held on June 18 and July 2, 1985. SUMMARY: This voluntary request for annexation will allow the petitioner to request light industrial (LI) zoning on a 658 acre tract beginning north of the City of Denton Municipal Airport. BACKGROUND: The balance of the 658 acre parcel. was annexed in 1984. PROGRAMS. DEPARTMENTS OR GROUPS AFFFC'TCD: Approximately three residences and an undetermined population is included in the area proposed for annexation. FISCAL IMPACT: Undetermined Respectfully submitte 6 G. Chris Hartung City Manager Prepared by; David Ellison Senior Planner Approv - W44V.ON. - Jeff Meyer Director of Planning and Community Development 0831s '*r ~ w 4w , ~ r t:: w NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED HEREIN BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. THE CITY COUNCIL OF THE CETY OF DENTON HEREBY ORDAINS: SECTION I. On the day of 1985, at 7:00 o'clock P. M. in the CityZ'-ouncil Cham era o t e unicipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the day of , 1985, at 7:00 o'clock P.M. in the City ouncil Chambers of e~tunicipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-Wit: All that certain tract or pa_cel of land lying and being situated in the County of Denton, State of Texas, being part of the S. Myers Survey, Abstract 843 and the A. Miller Survey, Abstract 887 and being more particularly described as follows: BEGINNING at a point to the present city liaits, said point being the East and West county road, known as Jim Christal Road, said point also being the Northwest corner of the tract described in Ordinance No. 83-90; THENCE South along the present city limits, same being the middle of Hickory Creek with its meanders to a point for a corner in the South boundary line of the said Myers Survey; THENCE West along the South boundary line of said Myers Survey, passing the Southwest corner of said survey, same being the Southeast corner of the said Miller Survey, and continuing for a distance of 4,620 feet, more or less, to the East boundary line of the North and South road, known as Wolfe Road; THENCE North 00 15' East, along said road, a distance of 2,664.35 to a point for a corner, same being the intersection of the East line of said Wolfe Road with the center of Jim Christal Road; THENCE along said Jim Christal Road the following six calls; (1) North 890 0' East, 1,530 feet; (2) North 880 20' East, 555.0 feet; (3) North 890 10' East, 944 feet; (4) East, 511.0 feet; (5) South 880 0' East, 90.0 feet; (6) South 850 0' East, 100 feet to the place of beginning and containing 258.66 acres of land, more or less. SECTION 11. The Mayor of the City of Denton] Texas, is hereby authorized and directed to cause notice of such public herrings to be PAGE 1 err published once in a newspaper having general circulation in the City and in tiie above described territory not more than forty days nor less than twenty days prior to the date of such public hearinga, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of 1985. KTCHARD 0. STEWART-oRMN CITY OF DENTON, TEXAS ATTES': CHARLOTTE ALLEN, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: .cL i'~1'z2 . lzyl !a; • cr2 Y1_[l~ - u PAGE 2 A-L~ T ` ~v ' 1679 NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT. The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, 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 S. Myers Survey, Abstract 843 and the A. Miller Survey, Abstract 887 and being more particularly described as follows: BEGINNING at a point in the present city limits, said point being the East and West county road, known as Jim Christal Road, said point also being the Northwest corner of the tract described in Ordinance No. 83-90; THENCE South along the present city limits, same being the middle of Hickory Creek with its meanders to a point for a corner in the South boundary line of the said Myers Survey; THENCE West along the South boundary line of said Myers Survey, passing the Southwest corner of said survey, same being the Southeast corner of the said Miller Survey, and continuing for a distance of 4,620 feet, more or less, to the East boundary line of the North and South road, known as Wolfe Road; THENCE North 00 15' East, along said road, a distance of 2,664.35 to a point for a corner, same being the intersection of the East line of said Wolfe Road with the center of Jim Christal Road; THENCE along said Jim Christal Road the following six calls; (1) North 890 0' East, l j530 feet; (2) North 880 20' East, 555.0 feet; (3) North 890 10' East, 944 feet; (4) East, 511.0 feet-, (5) South 880 0' East, 90.0 feet; (6) South 850 0' East, 100 feet to the place of beginning and containing 258.66 acres of land, sore cr lees. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of 1985 at 7:00 o'clock P. M. In the City council Chambers o t e u,nicipal, Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of , 1985 at 7:00 o'clock P. M. in the City Mouncil Chambers o tie Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shalt have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. RICHARD 0. STEWARTO MAYOR CITY OF DENTON, TEXAS ATTEST: A-z! I 1 17 f f 4• r ~I IF G~ f' O i JIM CHRISTAIL RD. - - I 71. I• I ,r„ t TOM COLE RD. i', 774 A-21 ANNEXATION SCHEDULE May 28, 1985 Submit City Council agenda item May 29 1985 Submit city council agenda back-up *June 1, 1985 City Council sets date, time and place for public hearing June 5, 1985 Notice to Denton Record Chronicle Jura 7, 1985 Publish notice and mailout Jure 10, 1985 Submit City Council agenda item Ji.ne 10, 1985 Airport Board makes recommendation :une 11, 1985 Submit City Council agenda back-up June 12, 1985 Planning and Zoning ComuLlssion makes recommendation *June 18, 1985 City Council holds public hearing June 19, 1985 Notice to Denton Record Chronicle June 21, 1985 Publish notice and mailout June 24, 1985 Submit City Council agenda item June 25, 1965 Submit City Council agenda back-up *July 2. 1985 City Council holds second public heating July 8, 1985 Submit City Council agenda item July 9, 1985 Submit City Council agenda back-up *July 16, 1985 City Council institutes annexation proceedings July 19, 1985 Ordinance to Denton Record Chronicle July 21, 1985 Publish ordinance August 26, 1985 Submit city council agenda item August 27, 1985 Submit City Council agenda back-up *September 3, 1985 F nal action by City Council *Denotes action by the City Council U964g .y. .s{n sue:.: t 171, DATE: 5-28-85 CITY COUNCIL REPORT FORMAT t t TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Adoption of an ordinance approving a contract with the Texas Department of Community Affairs. RECOMMENDATION: The staff recommends approval. SU'dMARY: The Texas Department of Community Affairs(TDCA) sponsors a HUD funded Rental Pehahilitation program for which the city is eligible. This contract awards Denton $105,000. in rehabilitation funds. BACKGROUND: In December. 1984, the city applied to TDCA for their Rental Rehabilitation Program. The application was approved in March. PROGRAAS, DEPA.R:11EYTS OR GROUPS AFFECTED. The CDBG section of the Planning & Community Development Department will administer the program and work with the Denton Housing Authority as required. FISCA; 11PACT The administrative costs of the program will be funded with CDBG funds. There is no impact on the general fund. Respectfully subr itted: • r 3 tuff, City 'tanager Pre Bred by: ame lizabeth Evans Title Community Development Coordinator Appr ved: Name Je ANN Title Di c or o Planning & Community Development t D No. AN ORDINANCE OF THE CI1Y OF D►NTON, TEXAS APPROVING A CONTRACT WITH THE TEXAS DEPARTMENT OF CGHMUNITY AFFAIRS TO RECEIVE FUNDING FOR AND ADMINISTER THE TEXAS RENTAL REHABILITATION PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has applied for and been awarded a Texas Rental Rehabilitation Program (TRRP) contract by the Texas Department of Community Affairs pursuant to Sectioe 301 of the Housing and Urban-Rural Recovery Act of 1983; and VHERE.IS, the City of Denton is required to enter into a contract with the Texas Department of Community Affairs in order to receive funds for and administer TRRP; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council hereby approves the attached contract between the City of Denton and the Texas Department of Community Affairs and authorises the City Manager to execute the contract and any other agreements necessary to receive funding for and to administer the Texas Rental Rehabilitation Program. PASSED AND APPROVED this the day of 1985. RICHARD 0. STLVART9 MAYOR CITY OF DENTON, TEXAS ATTEST: CMLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: I r TEXAS DEPARTMENT OF COMMUNITY AFFAIRS v d Q Q CONTRACT FOR RENTAL REHABILITATION PROGRAM STATE OF TEXAS ] COUNTY OF rRAYIS SECTION 1. PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department", and the City of Denton, hereinafter referred to as "Contractor", The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 2. CONTRACT PERIOD This contract and agreement shall commence on April 15, 1985, and shall terminate on April 141 1987, unless otherwise specifically provided by the terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE Contractor shall conduct, in a satisfactory manner as determined by Depart- ,.)ent, a rental rehabilitation program under Section 17 of the United States Housing Act of 1937, 42 U.S.C. 1431o, hereinc ter referred to as the Act. Contractor shall perform all activities in aCLordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Certifica- tions, hereinafter referred to as Exhibit 8; the Applicable'Laws and Regula- tions, hereinafter referred to as Exhibit C; the Schedule for Committing Rental Rehabilitation Funds, hereinafter referred to as Exhibit D; the assurances, certifications, and all other statements made by Contractor in its application for the project funded under this contract; and with all other terms, provisions, and requirements set forth in this contract. SECTION 4. DEPARTMENT OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, Department shall he liable for actual and reasonable costs incurred by Contractor during the contract period for performances rendered under this contract by Contractor, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties hereto that Depart- ment's obligations under this Section 4 are contingent upon the actual PAGE 1 OF 11 } receipt of adequate state and/or federal funds to meet Department's liabilities under this contract, if adequate funds are not available to make payments under this contract, Department shall notify Contractor in writing within a reasonable time after such fact is determined. Department shall r terminate this contract and will not be liable for failure to make payments to Contractor under this contract. 2. Oepartmcnt shall riot be liable to Contractor for any costs incurred by Contractor, or any poition thereof, which has been paid to Contractor or is subject to payment to Contractor, or has been reimbursed to Contractor or is subject to reimbursement to Contractor by any source other than Department or Contractor. 3. Department shall not be liable to Contractor for administrative costs, as set forth in Section 6(C) of this contract, and for any costs incurred by Contractor which are not allowable costs, as set forth in Section 6(8) of this contract. 4. Department shall not be liable to Contractor for any costs incurred by Contractor or for any performinces rendered by Contractor which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, fxhibit 8, Exhibit C. and Exhibit D of 61s contract. 5. Oepartment shall not be liable to Contractor -or any costs incurred by Contractor in the performance of this contract Wch have not been billed to Department by Contractor within sixty (60) days following termination of this contract unless otherwise provided for in the Project Completion Report(s) referred to in Section B(C) of this contract. 6. Department shall not be liable for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract. B. Excess Pa meets Contractor shall refund any sum of money which has been paid to Contractor under this contract, which Decartment determines has resulted in overpayment to Contractor, or which Department determines has not been spent by Contractor strictly in accordance with the terms of this contract. Such refund shall be made oy Contractor to U.S. Oepartm,,~nt of Housing of Urban Development (HUD) within thirty (30) working days after such refund is requested by Department. C. Limit of Liability Nrtwithstanding any other provision of this contract, thr total of all amounts obligated by Department under this contract shall not excocd the sum of One Hundred Five Hundred Thousand and :io/100 Dollars ($105,000,00). SLC110N S. (_IEfIfOO OF PAYMENT A. HUD's Cash and Management Information (C/Mi) system for the Rental Rehabilitation Program, Notice CPD 84-8, Issued September 17, 1984, dnd any modifications thereto, shall be used as the method for disbursement of rental rehabilitation funds obligated to Contractor under this contract. PAGE 2 OF 11 01$bursemc tit is conditioned upon the submission of satisfactory information by Contractor about the project and compliance with other procedures specified by HUD. HUD will disburse rental rehabilitation funds obligated by Department under this contract by electronic funds transfer to the depository i institution designated by Contractor. Amounts requested by Contractor will be disbursed by HUD as closely as possible to the time they are needed by the owner to pay eligible rehabilitation costs and such amount shall immediately be disbursed by Contractor and Owner in payment for eligible costs. Contractor shall establish a rental rehabilitation deposit account at designated depository bank and shall not commingle any private or public funds, whether or not such funds are to be used to supplement Rental Rehabilitation Program funds, in the same account. Contractor expressly understands and agrees that Department shall not be liable for any damages, claims, or demands which may be asserted as a result of any action, or failure to act, by HUD in discharge of its responsibility under the C/MI system. 8. Notwithstanding the provisions of Section 5(A) of this contract, it is expressly understood and agreed by the parties hereto that payments under this contract are contingent upon Contractor's full and satisfactory performance of its obligations under this contract and that Department may, at its sole option and in its sole discretion, withdraw and reallocate rental rehabilitation funds provided under this contract based on Contractor's noncompliance with the terms of this contract, applicable laws or regulations including recipient's failure to meet the schedule for committing rental rehabilitation amounts as set forth in Exhibit 0 of this contract. C. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provisions of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall j not Mnstitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS. COST PRINCIPLES AND ALLOWA81LITY OF COSTS A. Contractor shall comply with Office of Management and Budget (OMB) Circular A-102 as supplemented by the rules promulgated by thn r3ffice of the Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981 (TEK.REV.CIV.STA1.ANk.art.4413 (32g).), hereinafter referred to as the Management Standards, except to the extent that,Oepartment establishes variations from the Management Standards in accordance w;th Section 6 of such Act. 8. the allowability of costs incurred for performances rendered hereunder shall be determined in accordance with OMB Circular A•87, as supplemented by Section 5.150 of the Management Standards, subject to the following limitation. PAGE 3 OF 11 yv , - + -.r Eligible rehabilitation costs shall include only: 1. The actual rehabilitation costs necessary to. (i) correct sunst,indard conditions as referred to in 24 CfR 511.10(c)(2); (I)) make essential improvements including energy-related repairs and improvements to permit the use of rehabilitated projects by handicapped persons; (iii) repair major housing systems in danger of failure; and 2. Other costs (soft costs) that are associated with the rehabilitation or rehabilitation financing and are not for services provided or costs incurred by the Contractor. Such soft costs may include (but are not limited to) those costs referred to in 24 CFR 511.10(9)(2). C. Contractor shall not use rental rehabilitation funds provided under this contract for administrative costs incurred by Contractor in carrying out its responsibilities under the Rental Rehabilitation Program. Administrative costs prohibited under this subsection include, but are not limited to, staff and consultant salaries and operating expenses of Contractor. SECTION 7. MAINTENANCE. RETENTION, ACCESSIBILITY AND PUBLIC DISCLOSURE QF RECORDS t A. Contractor shall maintain records in such form and such manner as may be prescribed by HUD or Department that clearly document performance under each ' program requirement set forth in Subpart B of 24 CFR 511 and that include, at a minimum, (i) records sufficient to meet HUD requirements for the disburse- ment of rental rehabilitation funds pursuant to 24 CFR 51).74; (ii) data on the racial, ethnic and gender characteristics of tenants, applicants for y tenancy, and owners of the rehabilitated projects; and (iii) data indi- i eating the race and ethnicity of households displaced as a result of program e activities, and, if available, 'he address and census tract of the housing units to which each displaced household relocated. Records required to be l maintained under this subsection A shall be retained for a period of three years from the date of final closeout of the rental rehabilitation grant award to the State of Texas under which monies for this contract were made available. B. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner which confonips ' to HUD requirements, the Management Standards (except to the extent that Department establishes variations from the Management Standards in accordance with Section b of such Act), and this contract. Contractor shall comply with the retention and custodial requirements for records as set forth in Attachment C of OMB Circular A-102, as supplemented by Section 5.154 of the Management Standards (except to the extent that Department establishes variations therefrom). 1 C. Contractor shall give the United States Department of housing and Urban Development, the Inspector General, the Comptroller General of the United States, the Auditor of the State of Texas, and Department, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by Contractor pertaining to this contract. Such rights to access shall continue as long as the records are retained by Contractor, Contractor agress to maintain such records in an accessible location and shall afford independent auditors the same right of access to t its records and financial statements as necessary to comply with Section 19 of this cootratt. PAGE 4 OF 11 t i P• ti 0. Contractor %haI I provide for full and timely disclosure of records and documents relating to their rental rehabilitation programs consistent with applicable Federal, State and local laws regarding personal privacy and obligations of confidentiality. Documents relevant to a Contractor's program shall be made available at Contractor's office during normal working hours for citizen review upon request. E. Contractor shall include the substance of this Section 7 In all subcon- tracts. SECTION 8. REPORTING RE UIREMENTS A. Contractor shall submit to Department such reports on the operation and performance of its rental rehabilitation program in such format and at such times as may be required by Department including, but not limited to, manage- ment and annual performance reports containing such information as Department may prescribe. 8. Contractor shall submit to Department no later than the twentieth ;20th) day of the month after the end of each quarter of the contract period speci- fied in Section 2, a Quarterly Progress Report of the progress, in narrative form, of all construction and nonconstruction activities performed pursuant to Exhibit A, Performance Statement, and of the expenditures and obligations of funds made pursuant to this contract, the Quarterly Progress Report shall be in a foreat prescribed by Department and shall include all such activities, expenditures, and obligations made or performed under this contract during the previous quarter. C. Contractor shall submit a Project Completion Report to Department no later than sixty (60) days after the completion of each project undertaken pursuant to Exhibit A of this contract. The Project Completion Report shall be in a format prescribed by Department and shall include a final Project Completion Report of all activities performed under this contract. 0. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that If Contractor fails to submit to Oepartment in a timely and satisfactory manner any report required by this contract, Department may, at its sole option and in its sole discretion, cause any or all payments otherwise due hereunder to be withheld by placing a stop payment order with HUD. If Oepartment places a stop payment order, it shall notify Contractor in writing of its decision and the reasons therefore. A stop payment order placed pursuant to this paragraph shall continue in full force and effect until such brae as Department determines that the aelinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 9. MONITORING Department reserves the right to perform periodic on-site monitoring of Contractor's compliance with the terms and conditions of this contract, and of the adequacy and timeliness of Contractor's performances ur..'er this contract. After each monitoring visit, Department shall provide Contractor with a written report of the monitor's findings. If the monitoring reports notes deficiencies In Contractor's performances under the terms of this contract, the monitoring report shall include requirements for the timely PAGE S OF 71 t r•~ r T a~ r r' J t correction of such deficiencies by Contractor. Failure by Contractor to take action specified in the monitoring report may be cause for suspension or termination of this contract, as provided in Sections 11 and 18 of this contract. SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that Department is contracting with Contractor as an Independent Contractor, and that Contractor, as such, agrees to hold Department harmless and to indemnify Department from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occur- ring or in any way incident to, arising out of, or in connection with the services to be performed by Contractor under this contract. SECTION 11. SUBCONTRACTS Contractor may subcontract for the performances described in this contract without obtaining Department's prior written approval. Contractor, in subcontracting for any performances described in this contract, understands and agrees that in entering into such subcontracts, Department is in no way liable to Contractor's subcontractors. Contractor further understands and agrees that it shall ensure that the performances rendered under all sub- contracts are rendered so as to comply with all the terms of this contract, as if such performances were rendered by Contractor. SfCT10N 12. CONFLICT OF INTEREST A. Contractor covenants that neither it nor any member of its g6verning body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in are, manner or degree with the performance of this contract. Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed by Contractor. B. No person (I) who is an employee, agent, consultant, officer, or elected or appointed official of Contractor and who exercises or has exercised a0ly functions or responsibilities with respect to assisted rehabilitation activi- ties or (ii) who is in a position to participate in a decision making p~oocess or gain inside information with regard to such activities, may obtain a per- sonal or financial interest or benefit, direct or indirect, in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they ~`ave family or business ties, during their tenure or for one year thereafter. C. Contractor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. SECTION 13. SECTARIAN ACTIVITY None of the performances rendered by Contractor under this contract shall involve, and no portion of the funds received by Contractor under this ton Tact. shall be used in support of any sectarian or religious activity, PAGE 6 OF 11 nor shall any facilities used to the performance of this contract be used for sectarian instruction or as a place of religious worship. SECTION 14. LE AL AUlllORIIY A. Contractor assures and guarantees that Contractor possesses the legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services Contractor has obligated itself to perform hereunder. B. The person or persons signing and executing this contract on behalf of Contractor, or representing themselves as signing and executing this Lontract on behalf of Contractor, do hereby warrant and guarantee that he, she or they have been duly authorized by Contractor to execute this contract on behalf of Contractor and to validly and legally bind Contractor to all terms, perform- ances, and provisions herein set forth, C. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either Contractor or the person signing this contract to enter into this contract or to render per- formances hereunder. Contractor is liable to Department for any money it has received from Department for performance of the provisions of this contract, if Department has suspended or terminated this contract for reasons enumer- ated in this Section 14. SECTION 15. LITIGATION AND CLAIMS Contractor shall give Department immediate notice in writing of 1) any action, including any proceeding before an administrative agency, filed against Contractor arising out the performance of any subcontract hereunder; and 2) any claim against Contractor, the cost and expense of which Contractor may be entitled to have reimbursed by Department. Except as otherwise directed by Department, Contractor shall furnish immediately to Department copies of all pertinent papers received by Contractor with respect to such action or claim. SECTION 16. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this contract, any alter- ations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. 0. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to Depart- ment by Contractor, and the assurances and certifications made to the United S'►tes Department of Housing and Urban Developme.rt by the State of Texas with r and to the operation or the Texas Rental Rehabilitation Program (TRRP), D id on these considerations, and in order to ensure the legal and effective per armance of this contract by both parties, it is agreed Oy the parties hereto that the performances under this contract are amended by the provi- sions of the TRRP -Implementation Manual and any amendments thereto and may further be amended in the following manner: Department may from time to time during the period of performance of this contract issue polity directives PAGE 7 OF 11 t which serve to establish, interpret, or clarify performance requirements under this contract. Such policy iirectives shall be promulgated by the Director of Community Development and Housing Division of Department in he form of TRRP issuances, shall have the effect of qualifying the terms rr this ' contract and shall be binding upon Contractor, as if written herein, vrovided however that said policy directives and any amendments to said Manua'. shall not alter the terms of this contract so as to release Department of any obligation specified in Section 4 of this contract to reimburse ce,ts incurred by Contractor prior to the effective date of said amendmreuts or policy directives. C. Any alterations, additions, or deletions to the terms of fnis contract which are required by changes in Federal or state law or rego,lations are automatically incorporated into this contract without writtf,n amendment hereto, and shall become effective on the date designated ',y such law or regulation. SECTION 11. SUSPENSION In the event that Contractor fails to comply with any term of this contract, Department may, upon written notification to Contractor, suspend this con- tract in whole or in part and prohibit Contractor f om incurring additional obligations of funds under this contract. Upon su,pension of this contract by Department, Department may cause further payme,its to Contractor to be withheld by placing a stop payment order with HU',o. A stop payment order placed pursuant to this paragraph shall continuo, in full force and effect until such time as Department determines that 'he delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 18. TERMINATION A. Department shall have the right to terd pate this contract, in whole or in part, at any time before the date of completion specified in Section 2 of this contract whenever Department determines that Contractor has failed to comply with any term of this contract. Jepartment shall notify Contractor in writing prior to the fifteenth (15th) d,y preceding the date of termination of such determination; the reasons for such termination; the effective date of such termination; and in the case (f partial termination, the portion of the contract to be terminated. 8. Either of the parties to this c,mtract shall have the right to terminate this contract, in whole or in part when both parties agree that the continu- ation of the activities funded under this contract would not produce benefi- cial results commensurate with th, further expenditure of funds; provided that both parties agree, in writing, upon the termination conditions, includ- ing the effective date of such termination; and in the case of partial termi- nation, the portion of the contact to be terminated. C. Upon termination or receip-. of notice to terminate, whichever occurs first, Contractor shall cancel, withdraw, or otherwise terminate any out- standing orders or subcontrac,s related to the performance of this contract or the part of this contract to be terminated, and shall tease to incur costs thereunder. Department shale not be liable to Contractor or to Contractor's creditors for costs incL rel after termination of this contract. PAGE 8 OF 11 O. Notwithstanding any exercise by Department of its right of suspension under Section 11 of this contract, or of early ter{aination pursuant to this Section 18, Contractor shall not be relieved of any liability to Department of damages due to Department by virtue of any breach of this contract by Contractor. Department may cause payments to Contractor to be withheld until such time as the exact amount of damages due to Department from Contractor is agreed upon or is otherwise determined. SECTION 19. AUDIT A. Unless otherwise directed by Department, Contractor shall arrange for the performance of a financial and compliance audit of funds received under this contract, subject to the following conditions and limitations: 1. Contractor shall have an audit made in accordance with the Single Audit Act of 1984, P.L. 98-502 (hereinafter referred to as 'Audit Act'), and OMB's Circular No. A-126, 'Audit Requirements for State and Local Governments,' 49 Fed.Reg. 50134 (Dec. 26, 1984), for any of its fiscal years in which Contractor receives more than $100,000 in Federal financial assistance. For purposes of this Section 19, 4rederal financial assistance' means assistance provided by a Federal agency in the form of grants, contracts, cooperative agreements, loans, loan guarantees, property, interest subsidies, insurance, or direct appropriations, but does not include direct Federal cash assistance to individuals. It includes awards received directly from Federal agencies, or indirectly through other units of State and loczl governments. 2. Contractor shall have an audit made in accordance with the Audit Act and OMB's Circular A-126, or in accordance with the audit requirements specified in Attachment P of OM8 Circular A-102, as reflected in 24 CFR Part 44 and as supplemented by Section 5.167 of the Management Standards, for any fiscal year in which Contractor receives between $25,000 and $100,000 in Federal financial assistance. 3. Contractor shall have an audit made in accordance with Attachment P of OM8 Circular A-102, as supplemented by Section 5.167 of the Management Standards, for any fiscal year in which Contractor receives less than $25,000 in federal fianancial assistance. 4. Nothing in this Section 19 exempts Contractor from maintaining records of assistance provided under this contract or from prc.viding access to such records to a Federal agency or Department, as provided for in Section 7 of this contract. 5. Where contracts are awarded for audit services, the contracts shall include a reference to the Audit Act and OMB Circular A-126. B. Unless otherwise specifically authorized by Department in writing, Contractor shall Nor utilize funds provided under this contract to pay for the cost of audit services required under subsection A of this Section 19. C, Unless otherwise specifically authorized by Department in writing, Contractor shall submit the report of such audit to Department no later than one hundred twenty (120) days after the end of the audit period. Audits performed under this Section 19 are subject to review and resolution by Department or its authorized representative. Resolution of findings shall be ma;;e within six (6) months after receipt of the audit report by Department. PAGE 9 OF It 0. Contractor understands and agrees that it :hall take -'immediate appropriate corrective action after issuance of the audit report in instances of material noncompliance with laws, regulations or this contract, but shall, In any event, be liable to Department for any costs disallowed pursuant to financial and compliance az:dit(s) of funds received untier this contract. Contractor further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this contract. E. Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section lq as Oepartnient may require of Contractor. SECTION 20. ENVIRONMENTAL CLEARANCE REOVIRE14ENTS A. Contractor understands and agrees that by the execution of this contract Contractor shall assume the responsibilities for environmental review, decision-maing, and other action which would otherwise apply to Department under Section 5304(f) of the Act, In accordance with and to the extent specified in 24 C.F.R. Part 58. In accordance with Section 58.77(b) of such regulations, Contractor further understands and agrees that Contractor shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. u. Contractor shall complete a written Finding of Categorical Exclusion., as applicable under 24 C.F.R. Section 58.35 (a), which cites the subsection of Section S8.35 (a) by which the activit'as or projects funded under this contract are categorically excluded from the National Environmental Policy Act requirements of 24 C.F.R. Part 58. Contractor shall then publish a Notice of intent to Request Release of Funds in the manner prescribed in 24 C.F.R. Section 58.43. Contractor shall provide the public with at least seven (7) calendar days to comment on the Notice following its publication date. Finally, Contractor shall concurrently submit to Department the following documents: 1) a Request for Releasr of Funds form; 2) the written Finding of Categorical Exclusion described above; and 3) a Publisher's Affadavit for the Notice of Intent to Request Release of Funds notice. Upon receipt of such documents, Department must allow a 15 calendar days comments period to expire before it can formally release any project fund which are subject to the environmental review regulations. Contractor must comply with all other applicable environmental requirements as specified in Exhibit C of this contract. Contractor shall document its compliance with sucn other requirements in its environmental review file. SECTION 21. LABOR ST6NDAROS A. All laborers and mechanics (except laborers and mechanics employed by a State or local government acting as the principal contractor on the project) employed in the rehabilitation of a project assisted under the Rental Reha- bilitation Program that contains 12 or more dwelling units shall be paid wages at rates not less than those prevailing on similar rehabilitation in the locality, if such a rate category exists, or the appropriate rate as determined by the Secretary of Labor in accordance with the Davis-Pacon Act (40 U.S.C. 276a-276a-S), and contracts involving their employment shall be PAGE 10 OF 11 subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards Act (40 U.S.C. 321-333). Contractors shall comply with regulations issued under these Acts and with other Federal laws and regii- lations pertaining to labor standards, as applicable. r d. contractor shall include the substance of this Section 21 in all subcon- tracts and shall require Owners to comply with said labor standards, if applicable, as a precondition to receiving rental rehabilitation funds under this contract. SEC1lON 22. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained in this contract. 8. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute promised performances by Contractor in accordance with Section 3 of this contract; 1. Exhibit A, Performance Statement, 4 Pages 2. Exhibit B. Certifications, 1 Page 3. Exhibit C, Applicable Laws and Regulations, 2 Pages 4. Exhibit 0, Schedule for Committing Rental Rehabilitation Funds, 1 Page WITNESS OUR HANDS EFFECTIVE APRIL 15, 1985. APPROVED AS TO FM: CITY ATTORMEY, CRY Of MWON' TEXAS H. Chi-is Hartung By. City Manager City of Denton . Approved and accepted on behalf of the Texas Department of Community Affairs. Rafael ojintanilla, Executive Director Texas Department of Coartunity Affairs This contract is not effective unless signed by the Executive Director of the Texas Department of Community Affairs or by his authorized designee. PAGE 11 OF 11 Exhibit A PERFORMANCE STATEMENT Contractor shall use rental rehabilitation, funds to help support the rehabilitation of privately owned real property to be used for primarily residential rental purposes in order to help provide affordable, standard housing for lower int.ome families and to increase the availability of '.lousing units for the use of voucher and certificate holders under Section 8 of the United States Housing Act of 1937. Contractor shall carry out eligible rehabilitation activities under the Texas Rental Rehabilitation Program "TRRP") in a manner which shall comply with the requirements of this contract, including this Exhibit A. Section I. REHABILITATION OF PRIVATE PROPERTY Contractor shall rehabilitate substandard rental units by providing rental rehabilitation funds to each Owner for the project specified in owner's rental rehabilitation program application. The amount of rental rehabili- tation funds for any project shall not exceed an average of ;5,000 per unit, and shall not exceed 50% of the total cost of eligible rehabilitation costs with respect to the project unless ~nntractor applies for, and Vr)artment approves in writing, a higher amount for a project. The minimum levP1 of rehabilitation of projects to be required for participation in the rental rehabili.,ttion program shall not be less than an average of $600 per dwelling unit pet project for eligible rehabilitation costs. For purposes of this contract, including this Exhibit A, 'owner' means one or more individuals, corporations, partnerships, or other legal Pntities that hold valid legal title to the property to be rehabilitated, Section 11. LOWER INCOME BENEFIT At least 70% of the amount of rental rehabilitation funds provided ka,ider this contract shall be used for the benefit of lower income families. For purooses of this Section Ii, benefit for lower income families will be considered to occur only where dwelling units in projects rehabilitated with rental rehabilitation funds are initially occuried by such families after rehabilitation. 'Lower income family" means a lower income family, as defined in 24 CFR 81x.102. Section III. PRIMARILY RESIDENTIAL RENTAL OSE - Rental rehabilitation funds shall only be used to rehabilitate projects to be used for primarily residential renal uses. For purposes of this Section III, a project is used for primarily residential rental •ourposes is at least 51% of the rentable floor space of the project is used for residential rental purposes after rehabilitation, except that in the case of a two-unit building, at least E4ti of the rentable floor space after rehabllttatirn must be used for residential rental purposes. Section 1.1. CORRECTION or SUBSTANDARD CON i IONS Rental rehabilitation funds shall only tv used to rehabilitate projects PAGE I Or 4 ] pFa "..w r} i.. ,f ;a. I `~"I . ey ~ 4 i W L.~'" K ~.rr ^ry R"A Y~ w - s E' which, before rehabilitation, have one or more .!3bstandard conditions. After rehabilitation, each unit in the project must, at a minimum, meet Lhe Section 8 Housiry Quality Standard% for Existing Housing contained In 24 CFR 1382.109. For purposes of this Section IV, substandard conditions are those ' housing conditions that do not meet applicdble Stale or local housing codes or do not meet the Section U Housing Quality Standards. Section V. SFLES 0! N OF ELJU D!! NEIGHBORHOODS Rental rehabilitation funds shall only be used to assist the rehabilitation of projects located in neighborhoods (a) where the median Income does not exceed 80% of the median income for the area, and (b) which meet the rent affordability standard set forth in 24 CFR 511.10(d)(2). Section VI. DISPLACEMENT OF LOWER INCOME FAMILIES Rental rehabilitation funds may be used to rehabilitate structures only if the rehabilitation of the structure will not cause the displacement of very low-income families by families who are not very low-income families. Displacement results if a lower income family is forced to move premanently from a project as a direct consequence of rehabilitation assisted under this contract. A lower income family may not be displaced without financial and advisory assistance sufficient to enable the family to obtain decent, safe, and sanitary housing at an affordable rent (as defined in 24 CFR 511.10(h)(1)(1i)(8)). Section VII. ADOPTION nr TENANT ASSISTANCE POLICY Before the establishment of a program account on behalf of Contractor under the C/MI system is authorized by Department, Contractor shall adopt and submit to Department a written tenant assistance policy (which shall be made available to the public upon request) conceri,ing displacement, relocation asslstance, and other assistance to tenants who reside or will reside in projects to be rehabilitated with funds provided under this contract. The tenant assistance policy shall be developed in accordance with the guidelines specified in 24 CFR 511.10(h)(2) and shall be subject to Department's approval. Section VIII. PROHIBITION AGAINST CONUOMINIUM CONVERSION Prior to the time Contractor agrees to provide rental rehabilitation funds to an Owner for an identifiable rehabilitation project, Contractor shall execute a legally enforceable agreement, containing remedies adequate to enforce its provisions, with the Owner under which the Owner agrees not to convert the units in the f.roject rehabilitated with rental rehabilitation funds to condominium ownership or any form of cooperative ownership not eligible to receive rental rehabilitation funds (as provided in 24 CFR S11.10(c)) for at least ten (10) years beginning on the date on which the rehabilitation of the units in the project is completed. Section IX. DISCRIMINATION AGAINST SUBSIDIZED TENANTS Prior to the time Contractor agrees to provide rental rehabilitation funds to an Neer for an identifiable rehabilitation project, Contractor shall execute a legally enforceable agreement, containing remedies adequate to enforce its PAGE 2 OF 4 r 9 y~.R v, j r . a. r"P,'.J J i.°$ t tt o•i 'Y d:,i ~'Y~ } yr>v, i.r • k ~.~r - ~t •1: 'wy' r .f 1 9 . y. provisions, with the Owner under which the Owner agrees not to discrimihate agalnst prospective tenants on the basis of their receipt of, or eligibility for, housing assistance under any Federal, State or local housing assistance program or, except for a housing project for elderly persons, on the basis f that the tenants have a minor child or children who will be residing with them, for at least ten (10) years beginning on the dale on which the rehabilitation of the units in the project is completed. Section X. USE OF RENTA REkIABILITATION FUNDS fOR HOUSING FOR FAMILIES Contractor shall ensure that an &quitable share of rental rehabilitation funds provided under this contract will he used to assist in the provis'on of housing designed for occupancy by families, including large families with children. This requirement will be deemed satisfied if at least V% s►f the rental rehabilitation funds made available to Contractor is used to rehabilitate units containing two or more bedrooms. Section X1. PRIORITY fOR USE 01' RENTAL REHABILITATION FUNDS Contractor shall ensure that a priority will be given to rehabilitating projects containing units with substandard conditions that are occupied by very low-income families before rehabilitation. Section X11. NONDISCRIMINATION AND EOUAL OPPORTUNITY Contractor agrees that rents: rehabilitation funds will be made available in conformity with the nondiscrimination and equal opportunity requirements contained in applicable laws and regulations which are set out in Sections I and III of Exhibit C of this contract. Failure of Contractor to meet the requirements of'such applicable laws and regulations Will result in appropriate corrective or remedial action as provided for in this contract, in addition to any other sanctions authorized by law. Section XIII. AFFIRMATIVE. MARKETING OF UNITS A. Before the establishment of a program account on behalf or Contractor under the C(MI system is authorized by Department, Contractor shall adopt and submit to Department written procedures and requirements for affirmatively marketing units in rehabilitated projects Through the provisions of information regarding the availability of units that are vacant after rehabilitationi or that later become vacant. Affirmative marketing steps consist of good faith ^ffarts to provide information and otherwise to attract eligible persons from '11 racial, ethnic and gender groups in the housing market area to the available housing. At a minimum, the affirmative marketing requirements and procedures adopted must be in conformity with 24 CFR 511.10(m)(2)(i). Contractor shall establish assessment procedures and criteria for its affirmative marketing program and shdi, annually assess srch program to determine whether good faith efforts have been made to carry out such procedures and requirements, what objectives have been met, and what corrective actions a!. required. 0. Prior to the time Contractor agrees to provide rental rehabilitation funds to an Owner for an identifiable rehdbilitation project, Contractor shall execute a legally enforceable agreement, containing remedies adequate to enforce its prcvisions, with the Owntr under which the Owner agrees to PAGE 3 OF 4 1 t comply with the conditions of Contractor's affirmative marketing requirements and procedures adopted under subsection (A) of this Section :III? that shall be applicable for a period of seven years beginning on the date on which all the units in the project are completed. f Section XIV. SLLECTION OF PROPOSALS AND EVIDENCE OF FINANCIAL FEAS?BIL11Y. Before the establishment of a program account on behalf of Contractor under the C/Mf system is authorised by Oepartment, Contractor shall develop and submit t^ Department written standards acid procedures governing Contractor's selection of proposals of Owners which include but are not limited to, (i) the extent to which the proposal represents the efficient use of rental rehabilitation amounts and voucher and certificate assistance in connection therewith, and (ii) the extent to which the dwelling units involved will be adequately maintained and operated with rents at the levels proposed. Moreover, before selection of a proposal by Contractor occurs, Contractor must have evidence demonstrating the financial feasibility of the proposed rental rehabilitation project, including the availability of non-federal governmental and private resources. PAGE 4 OF 4 q . u .r n- k T' n i + 13' 777 On: L e 'tie l e, Exhibit 8 CERTIFICATIONS 'r I' r (Name) (Title) (Cit+#%Coun+.y) CERTIFY WITH RESPECT TO TAL EXPENDITURE OF FUNDS PROVIDED UNDER THIS CONTRACT BY THE _ , THAT: (City/County) 1. It will not subject projects rehabilitated with rental rehabilitation monies to State or local rent control unless the rent control requirements or agreements (i) were entered into under State law or local ordinance of gener- al applicability that was enacted and in effect in the jurisdiction before November 30, 1983, and (ii) apply generally to projects not assisted under the Rental Rehabilitation Progs•am. 1. It will not provide rental rehabilitation grant amounts to projects assisted, oe for which a commitment for assistance has been entered into, under the United States Housing Act of 1931 (except projects assisted under the Rental Rehabilitation Program or the Section 8 Existing Housing Program. under 24 CFR Part 882, Subparts A and 8), or projects assisted under Sections 221(d)(3) or 236 of the National Housing Act, or Section 202 of the Housing Act of 1959. 3. It will not employ, engage the services of, award contracts to, or fund any contractor or subcontractors during any period of debarment, suspension or placement ii, ineligibility status, as provided by 24 CFR 24. 4. It shall not displace lower income families without financial and advisory assistance sufficient to enable the family to obtain decent, safe, and sanitary h)using at an affordable rent. 5. It will aeopt appropriate procedures and requirements for affirmatively marketing units in rehabilitated projects which must include those elements listed in 24 CFR 511.10(m)(2)(i)(A) through (F). 6. It will enter into legally enforceable agreements with Owners of selected projects under which the Owner agrees to comply with the prohibition against condominium conversion, as set forth in Section VIII of Exhibit A, the prohibition against discrimination, as set forth in Section IX of Exhibit A. and the condition- of Contractor's affirmative marketing requirements and pro- cedures, as adopted pursuant to Section XIII of Exhibit A. c-te Name of Authorized Signator for Contractor Title Name of Contractor PAGE 1 OF l Exhibit C THE APPLICABLE LAWS AND REGULAtIONS r Contractor shall comply with the Act specified In Section 3 of this contract and with the rules and regulations promulgated thereunder pertaining to the Rental Rehabilitation Program in 24 C.F.R. Part $11, as amended; the OM8 Circulars and the Management Standards specified in Section 6 eif this contract; and with all other federal, state, and local laws and regulations applicable to the activities and performances rendered by Contractor under this contract including but not limited to the laws, and the regulations promulgated thereunder specified in Sections I through VI of this Exhibit C. 1. CIVIL RIGHTS Title VI of the Civil Rights Act of 1964, (42 U.S.C. Sec. 2000d et seq.); 24 C.F.R. Part 1, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title Vl of the Civil Rights Act of 19640; Title Vlll of the Civil Rights Act of 1968, 'The Fair Housing Act of 1960' (42 U.S.C. Sec. 3601 et seq.); Executive Order 11063, as amended by Executive Order 12249, and 24 C.F.R. Part 107, "Nondiscrimination and Eq:oal Opportunity in Housing under Executive Order 11063." The failure or refusal of Contractor to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development," 48 Fed. Reg. 9; and Section 502 l973 Reg. 27528 22470 a Act 4 of Fed. (29 U.S.C. (June Sec. 192)1 and of the Rehab The Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et seq.). It. LABOR STANDARDS The Ddvis-Bacon Act, as amended (40 U.S.C. Sect.. 276a - 276a-5) as applicable.A The Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as applicable.* *See Section 21 of this contract. Ill. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec. 1101u). Executive Order 11246 and the regulations issued pursuant thereto (41 C.F.R. Chapter 60). PAGE 1 OF 2 777.7 1 r Executive Orders 11625, 12432, and 12138. IV. LEAD-0 JEEO D_1 _I_T_ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. SeCS. 4821-4846) and implementing regulations at 24 C.F.R. 35. V. ENVIRONMENTAL STANDARDS AND HISTORIC PRESERVATION- Section 104(f) of the Housing and Comouw;ity Development Act of 1974 and 24 C.F.R. Part 58, as amended. Nitional Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). fhe !:utional Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) as amended; particularly Section 106 (16 U.S.C. Sec. 470f); Executive Order 11593, Protection and Enhancement of the Culturil Environment, May 13, 1971 (36 Fed. Reg. 8921), particularly Section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3 (16 U.S.C. Sec. 469a-1), as amended by the Archeological and Historic Pre,;ervatlon Act of 1974; Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4G31 et seq.) as amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a(a) and Section 4106(a)); Executive Order 11998, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951), narticularly Section 2(a); I Executive Orcler 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961), particularly Sections 2 and 5; The Coastal Zone Management Act of 19721 (16 U.S.C. Sec. 1451 et seq.) as amended, particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d)); The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.), and (21 U.S.C. Sec. 349) as amended, particularly Section 1424(e) (42 U.S.C. Sec. 300h-303(e)); The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended, particularly Section 7 (16 U.S.C. Sec. 1536); The Wild and SceniF Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq.) as amended, particularly Section 7(b) and (c) (16 U.S.C. Sec. 1278(b) and (c)); The Clean Air Act (42 U.S.C. Sec. 7401 et seq.) as amendeG, particularly Section 176(c) and (d) (42 U.S.C. Sec. 7506(c) and (d)); and, 24 C.F,R. Part 51, Environmental Criteria and Standards. ii. USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS 24 CFR Part 24, Debarment, Suspension and Ineligibility of Contractors and Grantees; Administrative Sanctions. PACE 2 OF 2 777 --,o ~'y.'1 r a1 . S ri ' " - 1 Exhibit 0 SCHEDULE FOR cONNirTING RENTAL REHABILITATION FUNDS Contractor shall have rental rehabilitation funds received under this contract committed to specific local projects in accordance with the timetrble set out below. 'Commit to specific local projects" means a legally binding agreement between Contractor and an Owner under which the Contractor agrees to provide rental rehabilitation funds to the Owner for identifiable rehabilitation project that can reasonably be expected to start construction within 90 days of the agreement and the Owner agrees to start construction within that period. Upon written request by Contractor, Departw,nt may, at its sole option and in its sole discretion, alter and amend the schedule for committing rental rehabilitation funds by written letter of notification. This notification procedure shall be an exception to Section 16 of this contract requiring all amendments to be in writing and executed by both parties thereto. 2nd Quafter 3rd Quarter 4th Quarter ist Quarter FFY 1985 FFY 1985 FFY 1985 F.FY 1986 January-March April-June July'-September Ottober-Decembe• -0- $36,750.00 :73,500100 $1050000.00 Page 1 of i FcSKL r it .d' r. rat JI:. 47, 'vr "3 r June 4, 1985 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: G. Chris Hartung, City Manager SUBJECT: Purchase of Denton County Electric Cooperative Facilities-King's Row and old North Road South to US 380. RECOMMENDATION The Public Utilities Board, at their meeting of April 10, 198S, recommended the City Council approve subject purchase. SUMMARY The line consists of 9400' of single phase line with 46 poles and 4 customers. T-:ansformers would be excluded because of voltage differential. The line extends from Kings r w southward along old North Road across US 380 and west, to Nursery and north across US 380 to end of the line near Foxcroft and Nottingnam. BACKGROUND As the city system has expanded, we have served new customers adjacent to the Co-op's line. Developers are planning underground north of Cooper Creek which will require relocation of the existing line if it is not purchased. The line creates a potential safety hazard to utility employees and general public due to being a second power source and protimity to our existing distribution line. PROGRAMS, DEPARTMENTS, GRU PS AFFECTED Developers, electric distribution and general public safety, existing customers. 3702U:1 wF.4 I fJl e t \ ~ FISCAL IMPACT Cost will be pro-rated to appropriate accounts of electric distribution's current capital budget, Approximately $,IS,500. Respectfully, a M*. 'G Chris Hartung City Manager Apprc :red : E. Nelson, rector Utility Administrat'on EXHIBITS: ordinance, Minutes PUB Meeting-4/10/SS 3702U:2 Y R' n st r ( » 'rw r ,✓f.1.. a 6", v 'i F -'f P e„ tot NO. AN ORDINANCE APPROVING AN AGREEMENT '►ETFIEEN THE CITY OF DLWMF, AND DENTON COUNTY ELECTRIC COOPERATIVE, INC. FOR THE PURCHASE OF ELECTRICAL EQUIPMENT AND FACILITIES, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the beat interest of the City of Denton to purchase electrical equipment and facilities; and WHEREAS, Section 2.36(f) of the Crde of Ordinances requires that the City Counc:F. approve all ex2enditures 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 far the expenditure of funds or for the contracting for indebtedness shall be by ordinance; NOJ, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves and authorizes the Mayor and City Secretary to execute am attest, respectively, the agreement between the City of Denton, and Denton County Electric Cooperative, Inc. for the purchase of eloctrical equipment and facilities under the terms and conditions contained in said agreement which is attached hereto and made a part hereof. SECTION It. That this ordinance shall becous effective imnediately upon its passage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD 0. STEEWARTj KMA CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECKETM CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOViT~:H, CITY ATTORNEY CITY OF DENTON, TEXAS BYs Yfl ~c~14 1 .r ti:7 Rw . Y .~.^f YET^e.~ r r. y Q(. . THE ST%TE OF TEXAS AGREEMENT BETWEEN CITY OF VENTON, TEXAS AND DENTON COUNTY ELECTRIC COUNTY OF DENTON § COOPERATIVE, INC. FOR THE PURCHASE AND SALE OF ELECTRICA. FACILITIES Agreement made , 1985, between the City of Denton, Texas, a municipal corporation, herein referred to as buyer, and Denton County Electric Cooperative, Inc., a corporation organized and operating pursuant to the Texas Electric Cooperative Corporation Act (Article 1528b), herein referred to as seller. WHEREAS, seller presently owns, maintains, and operates electrical equipment and facilities within the City of Denton, Texas to service and supply customers with electrical service; and WHI:REAS, buyer wishes to purchase the electrical equipment and facilities of seller described herein; NOW, THEREFORE, in consideration of the mutual consideration and covenants contained herein, the parties agree as follows: 1. In consideration of the sum of Eighteen Thousand and Five Hun,4red Dollars ($18,500.00) paid to seller by Layer, receipt of which it hereby acknowledged, seller does hereby sell, assign and transfer to buyer all its right, title and interest in the poles, lines, wires, fixtures and electric facilities listed in Fxhibit "A" attached hereto and incorporated herein by reference; said electric facilities being located and installed in the City of Denton, Denton County, Texas within the area described as follows: BEGINNING at a point. southwest of the intersection of Kings Row and Old North Road, and extending south and parallel to Old North Road to the west to a point south of State Highway 180; then axtending along and parallel to the said highway to the west; then extending north and south of said lilt hway, all as shown on Exhibit "B" attached hereto t.nd incorporated by reference. 2. Seiler hereby sells, assigns and transfers to buyer all its right, interest and title to the right-of-way easements wherein the above-described electric facilities are located and shall hereafter, upon the request of buyer, execute any nec,issary assignmente, deeda, or documents necessary to convey its interego PAGE 1 77 . ~ • t. rY i ' j V t J« t' 1. Yy hY .G J r ] . • in said right-of-way easements to buyer. Buyer shail be responsible for the cost of surveys and preparation of doctor ents, and recording thereof, to effect such conveyance, transfer or assignment. 3. Seller convenants that it Is the lawful owner of the electric facilities herein conveyed, that they are free and clear of all encumbrances, of any kind, that it has the lawful right and authority to sell and dispose of the samo; and that it will .Tarrant and defend title thereto against any claims whatsoever. EXECUTED this _ day of _ , M5. CITY OF DEN1G:i, TEXAS BY: ATTEST: ~'1`i i ALLENs K CITY Ot DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTO149 TEXAS BY. DENTON COUNTY ELECTRIC COOPERATIVE, INC. BY: ATTEST: PAGE 2 Y - ,ter. .ra ^+F C p t'br Y xe+ a r, :^"a ap a., e.ii ;+e iy •Yi r, EXHIBIT "A" OONSTEUCTION UNIT DITAIL LIST 1. VAS-t. MI-10, 81-1, Fl-t 2. VA9 3. 1993, 35-4, VAL, lit-12. VMIO-14 4. 1963, 35-4, VAI, bill-12, X-14. VMLO-L4 5. 1971, 30-4. 60' 4 TPX, K-14, M2-I2 6. 1960, 35-4, VAI, VMLO-14, M9-12 7. 1910. 35-4, VAI. VMLO-14, MI-t2 S. 1913, 40-3, VA3, I1-2, FL-2, M9-11 9. 1913. 40-4, VAL, VM10-14, M2-12 l0. 1993, 10-4, VAI, VM10-14, M9-12 11. 1913, 40-4, VAS, I1-2. FA-2, M9-19 12. 1940, 55-4, VAL. NVIO -14, M9-12 13. 1960, 35-4, VAI, VM10-14, M9-12 14. VAL, VM10-14 15. VAL, VM10-14 16. 1940s 35-4, VAI-1. Mt-12 17. 1983, 40-4, VAL. VM10-14, M2-19 16. 1983, 40-4, VAL, VMIO-14, M2-12 19. 1983, 40-4, VA4, 2-81-2, 2-F1-2, M2-12, K-14 20. 1971, 30-4, K-14, 890' 4TPX, M42-11 21. 1963, 40-4, VAI-1, VAS-1, E1-3, F1-t, Mt-12 12. 1963, 40-4, VAL, VM10-14, 42-12, 110' XS-t/ 13. 1063, 40-4, VAL, VM10-14, 612-12 24. 1913, 33-4, VAS, El-2, F1-2, M2-12, 90' X3-48 25. 1913, 40-4, VAL. VMIO-14, MA-12 26. 1913, 40-4, VAL. VMIO-14, M2-1t 27. 1913, 40-4, VAL, VMLO-14, M2.12 21. t2$3, 40-4, VAL, VM10-14, Mt-12 It. 1963, 40-4, VAL, VM10-14, M2-12 30, 1963, 40-4, VAI-1. VAS-l, E1-1, Fl-2, 617-13 31. 1960, 50-4, VAL, VMLO-14, Mt-11 32. 1910, 40-4. VAI, VM10-14, Mt-11 33. 1910. 40-4, VAS, I1-3 F1-2, 130' ("P)/, K-14 34. 1913, 40-4, VAI, VSI10-14, 612-12 35. 1913. 40-4, VA4, EI-2, F1-2, b12-12 36. 1913, 40-4, VAI, VA110-14, 612-12 37. 1913, 40-4, VA4, M2-12. X-14 36. 1971, 30-4, Et-t, FL-2 39. 1071, 30-4. 19-2, 7.1-2, FL-2 . 40. 1971. 30-4, M94-5, MIDP, h12-12, 193' 2TPX, 2-K-14 41. 1971, 30-4, M96-5, MDP, 612-12, 90' 4TPX, K-14 42. IO76, 30-4, M26-S. 135' 6DUPX, K-14 43. 1976, 35.4. VA4. M2-12, K-14 44. 1976, 30-4, M26-5, 3IDP, N11-12, K-14, 120' 2TPX 45. 1976, 35-4, VAI, VM10-14, M2-12. K-14 46. 1978, 35-4. VAI, VM10-14, M2-13, 9-14, MDP, 122' 110 TPX 47. 1976, 35-4. VAS, 6126-5, El-2. Fl-2, K-14. 612-12 46. 10740 30-4. M26.5, K-14, 150' 6DUPX 49. 1971, 30-4, M96-3, 116' 6DUPX $0. 1916, 30-4, 1126-5. 1261 6DUPX I q ;i r h 6 t u r .vr t, i • s. } 4 S i > q IVC s nfi Exx►erYa6 + or[Rh~A ~ \ PeiKi of ~tiru n'~ ~ 1 1 V S 7 9 v /s i3 • N is /G ~ I s1 if !J Jo J j H As Jf 4,6 JS J/ .34 is 3•" J6 JJ ~ + II . If ~ . ~L .lro 3 .~,Y... .y. !M '4'»~ 3 A ~p a ryr«.7' ~ 1`t• ,i ' i a•.1'":° Public Utilities Board Minutes April 10, 1985 Page 2 5. CONSIDER BID OPENING FOR CAPITAL IMPROVEMENTS PLAN PROJECT _kRAW WATER PUMP INST #85-WP-1 LbLTALLATION) r BID 19405 A motion was made by Coomes to accept the bid by Onyx Construction Co. of $43,170 for the pump installation. The total roject cost was estimated at $167,000 with bids totgling 129,068. Again the Board indicated that it was pleased at savings from projected cost. Coomes moved to approve the bid for $43,170 to Onyx Construction Company, second by herring, four ayes, no nayes, mo~.ion carried. 6. CONSIDER PURCHASE OF DENTON COUNTY ELECTRIC COOPERATIVE The Board asked why this item had come up and whether the cost was in line with similar transactions. Staff indicated that the Co-op is willing to sell the facilities and it is in the City's best interest to rurchase such facilities in order to avoid problems serving area residents. The price is based on replacement cost, a generally accepted practice and includes no • payment for lost revenues which is often requested. A motion was made by Thompson to purchase subject Denton County Electric Cooperative facilities for $17,000. Second by Coomes, After discussion, the motion carried. 7. CCOONSIDER ESOLUTION FOR ORDER ISSUING LICENSE FOR RAY ROBERTS PROJECT. Nelson advised that the FERC had awarded Denton the construction license for Ray Roberts Hydroelectric Unit, but had denied Denton's request for an extension in granting the license for the Ray Roberts project. The City will have 2 years to begin the construction or request an extension at that time. Thompson made a motion to recommend the Council accept the license. Second by Herring. Motion carried. 8. UTILITY DIRECTOR'S UPDATE Nelson reviewed the Corinth water sale contract. He advised the Board ttdt most of the substantial questions had been resolved and the attorney's office is finalizing their review of the document. McGrane updated the Board on the reorganization of Customer Service which included Ann Bingman as an Interim Customer. . Service Manager. Meter Readers will be moved to the Department of Utilities under the supervision of Ray Wells, Nelson rnd McGrane expressed satisfaction with the changes. Herring ex prrssed great satisfaction with the addition of the meter readers to the Utilities Department. With the reorganization, 36370:2 1Arl i r re . h~.~'. Jv v,-i. M 'n .r xr 1 1, t'Y. t a 'u n tDATE: G~~l f $ CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Contract with the North Texas Commission RECOMMENDATION: Renew membership contract with North Texas Commission for one year, beginning flay 1, 1985 SUMM AR Y: Contract is for $3,938 per annum, for which the North Texas Commission will develop a marketing strategy and campaign for the Dallas/Ft. Worth Metroplex region including Denton, along with advertising, furnishing the City with information and economic research materials. BACKGROUND: for the past several years the City has been a member of the North Texas Commission as part of the economic development plan. PROGRA,HS, DEPARTMENTS OR GROUPS AFFECTED: N/A FISCAL IMPACT. 53,938 to come from R.E.D. Board Fund, Account 0283-003-0001-8502 Respectf;Lsub i tE d: G. Chrt Hartung- City Manager Prepared by: Name Title Approved. Name Title T CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE 'A 17) 888-8307 Office of the City Manager M E M O R A N D U M TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager DATE: May 22, 1985 SUBJECT: North Texas Commission Attached for your review is a copy of the proposed contract continuing the City of Denton's membership in the North Texas Commission, This contract is for the amount of $3,938 and covers a period of one year, beginning May 1, 1985. The North Texas Commission will design, develop, and implement a regional marketing/communications campaign for the Dallas/Ft. North Metroplex. In the past, the City of Denton has been a member of the Commission as part of our economic development program. This membership his been useful in bringing us high visibility as part of the Metroplex area. Staff recommends continuance of this membership for this coming year. Please contact me if you have any questions. .4 9&i Chris ar ung City Manager li Attachment (contract) 2329M L~ s M1s~y .m 1 ei ~ . rv 7rA". N 'd4~ :S ; 4 a„~ . o- ,a' i v . F'~tEn` 1098E NO. AN GRDINANCE APPROVING AN AGREEMENT BETVEEN THE CITY OF DENTON AND NORTH TEXAS COMMISSION FOR DEVELOPING AND IMPLEMENTING A COMPRE- HENSIVE MARKETING PROGRAM FOR THE NORTH TEXAS REGION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Denton to develop and implement a comprehensive marketing program; and WHEREAS, the city staff has recommended that the North Texas Commission, be retained to develop and implement a comprehensive marketing program, and WHEREAS, Section 2.36(f) of the Code of Ordinances r quires that the City Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the Charter of the City of Denton, Texas requires that every yict of the Council providing for the expenditure of funds or fot tho contracting for indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: 'ECTION I. That the City Council hereby approves and authorites the Mayor and City S.cretary to execute and attest, respectively, the agreement be_ween the City of Denton, and the North Texas Commission, providing for the purpose of developing and implementing a comprehensive marketing program for the North Texas Region under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SECTION It. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD Cla STLWAKT, MAYOR CITY OF DENTON, TEXAS ATTEST., CHARLOTTEA , CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS by: r Z.4- r'` ~ xA its: f ~ .n (re + THE STATO OF TEYAS KNOW ALL HER BY THESE PRESENTS: • COUNTY Of DENTON This Contract a Agreement Pads end entered into on the 1st day of May, A.D., 19850 by and between thv City of Denton acting by and through 0. Chris Hartung, its duly authorized City Manager, hereinafter referred to f as tie "City" and the North Texas Commissior*aoting by and through its duly I authorised President, Worth M. Blake, hereinafter referred to as the "Commission", W I T N E S S E S H: WHEREAS, the Commission is an independent, non-profit corporation established ender the laws of the State of Texas for the purpose of developing and implementing a comprehensive marketing program for the North Testa Region which Region includes Denton County and the City of Denton, Texasl and I WHEREAS, the success or failure of the Commission's purposes anl, ! objectives has a direct impact upon the health, comfort, safety, peace, good government and welfare of the oitisens of the City; and WHEREAS, the City is charged with the responsibility of promoting and preserving the health, comfort, safety, peace, good government and welfare of its oitisens= NOW, THEREFORE, In consideration of the mutual eoventa is and agreements hereinafter set forth, the parties do hereby covenant and agree as follows: ARTICLE I The Commission shall commence the services eor:emplated to be lurnished and performed hereunder on the 13t day of May, 1485. ARTICLE 2 The term of this contract and agreement shall be for a period of one year from the 1st day of May, 1985. ARTICLE 3 City of Denton agrees to pay to the Cosslsslon to compensation for services rendered hereunder the aw, of Three Thousand Nine Hundred Thirty- Eight and 00/t00 Dollars (13,938.0)) per annum, payable as fellows: Annually ARTICLE 4 The Commission covenants and agrees to: (a; Design, develop and implement a regional marketing/eommunicatiW0 campaign that will position the Region, and is such the City, pos. lovely in no minds of s carefully seltated audience of national and International business and governmental executives. As the w ~ y. y.. y r w r r a e t t a A w t pt i . earketing program is totally regional in nature, the City's name may or may not be listed in related marketing literature. Hov- ever, it is the Commission's policy to make every reasoa%ble effort to publicise the City's name in all literature within the Commisaion's control. (b) Design, develop and implement a routine, regionally-oriented pro- cedure for responding to qualified Inquiries. This procedure would provide for, but not be limited to, inclusion of a City developed and produced (Commisslr: approved) reevonse piece. (e) Design, develop and implement a pro-active regional aviation development program targeted toward fostering the continued devel- opment of DFW International Airport and all Metroplex aviation foollities. (d) Make available to cltisena and residents of the City such mater- ials, including economic research, as it has and say develop, gather or produce for enhancing the econosio health and well-being of the North Texa• Region. (e) Develop and implement a market ing/communicat tons strategy to j increase the region's, and where appropriate the City's, interna- tional image. (f) Furnish periodic economic-type and comprehensive HTC news-type reports to the City's Chief Administrative Offitcr with the under- standing that such reports may also be furnished to the local news media for dissemination to the general public. (g) Continue its current successful programs and implement such new and innovative programs as will further its corporate objectives and those in common with the City's interests and activities. (h) Advertise, where appropriate and practical, for the general promo- s tional and tourist attraction of City and its vicinity. ARTICLE 5 It is covenanted and agreed that the mayor of the City shall be an ex- offioio member of the Buerd of Directors of tha C,~mmission and, as such, is the City's designated representative to vote the city's membership shares at all off!oiai elections of the Commission. If the Mayor is unable to serve, his position on the Board will be filled by the City's Manager. ARTICLE 6 The Commission agrees to assume and does hereby assume all responsibil- ity and liability for damages sustained by persona or property, whether real or asserted, by or from the carrying on of wort or in the p.rforsanoe of services performed and to be performed hereunder. The Commission ooven- ants and agrees to, and does hereby indemnify end save harmless the City and all of its officers, agents, and employees from all suite, action or claims of any character brought for or on account of any injuries or x~ 2- l~~, Jq , ` 1 dabagsa, whether real or asserted, sustained by any person or property by or in a msequenoe of any neglect, omission, act or oonduot of Coamissinn, its agents, servants or employees. ) ARTICLE 7 Notwithstanding the provisions of Paragraph 2 above, it is agreed this contract may be cancelled and terminated by either party upon giving thirty (30) days written notice so to cancel or terminate to the other party hereto. The terminal 30 days shall commence upon receipt of such notice by the addressee and shall conclude at midnight on the 30th day thereafter. In the event this contract terminates under the provision of this paragraph either unilaterally or by agreement of the parties, if not otherwise stipu- lated, it is agreed only the pro-rata portion of the terminal monthly installment for service shall be paid on the 1st of such terminal month. Upon payment or tender of such amount, all of the City's obligatioas here- under shall be discharged and terminated and no action shall Ate or socrue for additional benefit, consideration or value for or based upon the ser- vices performed under or pursuant to this agreement. I ARTICLE 3 I Comaiasion shall pay all taxes, royatales, and expenses incurred in connection with services under this agreement, except as provided in Article 3 herein. ARTICLE 9 Co%zission shall observe and abide by all applicable fedaral laws, state statutes and the Charter and Ordinarces of the City, and all rules R and regulations of any lawful regulatory body acting thereunder in connec- tion with the services performed hereunder. ARTICLE 10 i No member of or delegate to the Congress of the United States or the Legislature of the State of Texas shall be admitted to any share or part of this contract or to any benefit arising therefrom. ARTICLE 11 No member, officer or employee of the City or of any local publio Cody, during this tenure or one (1) year thereafter, snail have any interest, direct or indirect, in this contract or the proceeds thereof. This Prohi- i bition is not ia'W64 and should not be construed to prsolude payment Of expenses legitiaatsly incurred by city officials in the conduct of Comis- $ion business, s i j1 I ~I I -3- 9 ARTICLE 12 exclu Venue of any aottoo brought on or under this agreement shall. ILe - j sively in Denton County, Texas. IN WITNESS WHEREOr, the parties hereto havs caused this agreement to be ! signed by their proper corporate officers as first above specified, and have caused their proper corporate seal to be hereto affixed the day and year first above written. CITY Or DENTON i 311 0. Chris Hartung City Mw4or 3 ATTEST: City Secretarl i NORTH TEXAS COMMISSION E I € Worth M. Blake President ATTESTi i Jo F old Scovell Sear tart' APPROVED AS TO FORM AND LEOALITIt k i Hal Thorne , k General Counsel t ~I 4 ",Tit ;I DATRI 06=04-65 CITY COUNCIL REPORT FORMAT TO% Mayor and Members of the City Council FROMt 0. Chris Hartung, City Manager SUBJECT, QUITCLAIM OF A PORTION OF SAN GABRIEL DRIVE RECOMMENDATION% The Planning and Zoning Commission and City Council authorized this quitclaim as a condition of approval of a zoning case in the fall of 1984. SUMMARRY : This oriinarco is for the purpose of quitclaiming that portion of San Gabriel Grive from its intersection with Angelina Bend Drive to its intersectiot with Piney Creek Boulevard. BACKGROUND: The City Council authorized this quitclaim as a condition of approval of a zoning case approved in the fall of 1984. FROGRAMS. DEPARTMENTS OR GROUPS AFFECTED, Not applicable. FISCAL IMPACT, There is no impact on the general fund. Respectfully submitte % Oe, G. Chris Har n~ City Manager Prepared by: .A;t j "d DenitA Spt y V UtbsA Planner Appr edt Jeff Mey e . r Director of Planning and Cownunity Development 1010s. • .A i n ...'e1 a. y. ~i 1 1D CITY& DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 / TELEPHONE (817) 5668200 MEMORANDUM DATE: May 29. 1985 T0: Denton City Council FROM: Denise Spivey Urban Planner SUBJECT: QUITCLAIM OF SAN GABRIEL DRIVE AND PINEY CREEK BOULEVARD On October 16, 19841 the City Council approved an ordinance amending planned development (PD-6.1). Condition number 3 of the planned development ordinance reads as follows: °Prior to or at the beginning of development of Phase 11, but in no case later than sixty (60) days after the issuance of a quitclaim deed by the city of Denton, the developer shall remove the existing paving of San Gabriel Drive from the point where it intersects Angelina Bend Drive to the point where it intersects the cluster hous?ng in the Phase II area." Tho attached quitclaim ordinance will fulfill this condition. l - Denist• Spivey' i9 Attachment 0897] 1106E i NO. AN ORDINANCE OF THE. CITY OF DENTON, TEXAS PROVIDING FOR THE CLOSING AND VACATING OF THAT PORTION OF SAN GABRIEL DRIVE FROM ITS INTERSECTION WITH ANGELINA BEND DRIVE TO ITS INTERSECTION WITH PINEY CREEK BOULEVARD; PROVIDING FOR THE CLOSING AND VACATING OF A PORTION OF PINEY CREEK BOULEVARD AS DZbt RIBED HEREIN; PROVIDING FOR THE RESERVATION OF EASEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11HEREAS, the Cit/j Council of the City of Denton, Texas, after due investigation and consideration h*s determined that the best interest and welfare of the public will be served by vacating and closin that portion of the herein described public streets; NOW, THEKEIORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. That that portion of San Cabrial Drive extending from its intersection with Aagolina Bend Drive to its intersection with Piney Creek Boulevard and that portion of Piney Creek Boulevard extending from its Intersection with San Gabriel Drive south, described herein as Tract I and Tract 11, are hereby closed and permanently vacated as public streets and right.-of-way: TRACT 1. All that certain tract or parcel of land situated in t' He R. ~i. Hopkins Survey, Abstr_ct Number 1694, City and County of Denton, Texas, and being p+rt of Township II, Phase 2 and recorded in Volume 11, Page 14, Plat Records of said County, and being more particularly dr.cribrd as follows: COl41EXCING at the southwest corner of Lot 56, Block. A of the Oaks of Township It as recorded in Cabinet E, Page 13, Plat Records; THENCE north 01°34'05" west with the west line of said Lot 56 a distance of 130.0 feet to a corner at the Point of Beginning: THENCE norttbwesterly with a curve to right which had a central angle of 08'32'05" a radius of 856.95 feet and an arc distance of 127.65 Feet to a ccrner at a point of curve on ^urve; THENCE nortgwester.y with a curve to right which has a central angle of 07 37 02" s radius of 1086.82 feet and an are distance of 144.487 feet to a corner; THENCE north 17°3753" east a distance of 60.09 feet to a corner; THENCE southeasterly with a curve •o left which has a central angle of 07°26'20" a radius of 1026.82 feet and an are distance of 133.315 feet to a point of curve on curve; THENCE soutgabatorly with a curve to left which has a central angle of 08 33'17" a radius of 796.95 feet and an arc distance of 118.99 feet to a corner nn the west line of said toot 56; THENCE south 01°18'07" west with the west line of said Lot S6 a distance of 1)0.0 foot to the Point of Beginning and containing in all 0.361 acres of land. e~ ~r { t. 4 t dew. °1 tii; TRACT II. All that certain lot, tract or parcel of land s tuete in the R. H. Hopkins Survey, Abstract Number 1694, Denton County, Texas, and being part of Lot 56, Block A, of the Oaks of Township 11 as recorded in Cabinet E. Page 13, Plat Records of sdid Centon County, and being more particularly described as follows: COMMENCING at a steel pin at the southwest corner of said Lot 56; THENCE north 01°34'05" west with a vest line of said Lot 56 a distance of 130.0 feet to a steel pin at the Point of Beginning; THENCE north 01°18'07" west with a vest line of said lot a distance of 60.0 feet to a steel pin, THENf'E northeasterly with a curve to left which has a central angle of 25°47'23" a radius of 796.95 feet and an are distance of 358.72 feet to a steel pin at the and of said curve; THENCE north 62°37'20" east a distance of 109.50 feet to a steel pin; THENCE south 27°11'38" east a distance of 60.0 feet to a steal pin; THENCE south 62°37'13" west a distance of 9.50 feet to a steel pin; THENCE south 27°22'40" east a distance of 130.0 feet to a steel pin; THENCE south 62°37'20" west a distance of 100.0 feet to a steel pin; THENCE north 27"22'40" west a distance of 130.0 feet to a steel pin; THENCE southwesterly with a curve to right which has a central angle of 15 48'35" a radius of 856.;5 feet and an are distance of 386.026 feet to the Point of Beginning containing in all 0.902 acres of land. SECTION It. That within that portion of San Gabriel Drive hereby closed and vacated, described do Tract I above, there is expressly reserved to the City of Denton its successors and assigns, an all purpose utility easement for the purpose of constructing, installing, reconstruct icg, repairing, replacing, operating and maintaining utilities, including, but not limited to lines, mains, conduits, structures and improvements, and any necessary appurtenances thereto, for 4lectrical, telephone, telecommunications, water, sanitary and storm sewer, and drainage purposes. SECTION 111. That the City Secretary is hereby directed to cause a certified copy of this ordinance to be filed in the Deed Records of Denton County, Texas. Ph;E 2 SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1985. KICHARD 0. STEWART, MAYO CITY OF DENTON, TEXAS ATTEST: GRARLOTTL ALLEN, CITY SLuRUAR, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: T (tLLI? s• PACE 3 DATE: r-28-85 CITY COUNCIL REPORT FORMAT, TO: Mayor anJ Members of the City Council r FROM: G. Chris Hartung, City Manager SUBJEM Adoption of a Resolution authorizing the City Manager to subwit an application to the Department of Housing RECOtdMENDATIONand Urban Development for 1985 funds. The Community Development Block Grant Committee recommends approval. SLRIMARY: This final statement is a requirement for receiving CDBG funds. BACKGROUND: The Community Development Dlock Grant Committee recommended approval for the funding catagories at its meeting of May 7, 1985. PROGRAMS, DEPAR.NENTS OR GROUPS AFFECTED. The CDBG section of the Planning 4 Community Development Department will administer the program. FISCAL 1"APACT: There is no impact on the General Fund. Respectfully subiit tted: Q M s u City 'Hanager Prepared by: am lizabeth Evbns TiLleCommunity Development Coordinator Appr e Name Je Meyer Title Director of Planning & Community Development 1095L R E S O L U T I O N A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the City of Denton, Texas, to concerned with the development of viable urban communitlas, including decent housing, a suitable living environment and expanded economic opportunities; and WREERF.AS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as an entitlement City, has prepared, through a citizen participation procase, a program for utilizing its first year entitlement funds in the approximate amount of $6770918; and WHEREAS, the public hearing will have been held in accordance with the laws and WHEREAS, the Act requires an application and appropriate certification; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT; SECTION 1. The City Council of the City of Denton, Taxes, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a grant application and appropriate assurances for entitlement fund, under the Housing end Community Development Act of 1974, as amended. SECTION II. That the City Council of the City of Denton, Texas, authorizes the Director of Planning and Community Development to handle all fiscal and administrative matters related to the application, the Housing Assistn~ce Plan and the assu:sncs4, PACE 1 1 SECTION 111. This this Resolution shall take effect immediately from and after its passage. SECTION IV. That the City Secretary is hereby authorised to furnish copies of this Resolution to all interested parties. PASSED AND APPROVED this the day of , 1985. RICHARD 0. STEWARTt RZYO CITY OF DENTON, TEXAS ATTEST: MIUNTE ALLEN CITY SECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: A (hi It '2 e PAGE 2 d1NAi. SrAUAEV OF COMMUNITY DEVELOPMSa O3J4Cr1VES AND PROJECTED USE OF FUNDS The objective of the :ity of Denton's Community Development dlocx Grant Program is to support activities wnicn are directed toward the specific objective of development of viaule uroan communities by providing decent housing, a suitable living environment, and expanding economic opportunity, principally for persons of low and moderate income, roa City anticipates receiving approximately $677,918.00 for its 1985 program year. Proposed activities and oujectives are as follows: 1. Housing Rehabilitation $3050000 Continuation of the 1984 program to rehabilitate substandard nuuses innabited by low or moderate income persons living in the city. Objective: To wring existing housing stock into compliance witn nousing code and arrest deteriorating neignbornoods in the target area. 2. Neighborhood Center - Phase i $ 521282 fne drenitectural design and engineering c.its fur the construction of a recreational facility to be located in the Southeast Denton community. fnis area is defined to ue south of east McKinney Street, cast of Bell Streetp north cf Dallas Drive and west of Ruddeil/Woodruw Lane. Objective: To improve the quality of life and promote neignbornood stauili~,dtion in the targeted area. 3, Acquisition $ 750000 Acquisition by purcnase, lease, donation or otherwise of real property (located in the target area) for the purpose of construction of a recreational facility to be located in the Southeast Denton community. Tnis area is defined to ue south of S. McKinney, east of Bell Street, nortn of Dallas Drive and west of Ruddell/Woodrow Lane. Ob ective: To Improve the quality of life and promote neignborhood stabilization in the targeted area, 4. Demolition and Lot Clearance $ 300000 Continuation and expansion of the 1984 program to demollsn and remove substandard structures that contribute to the deterioration of neighborhoods, Final statement Community Development Objectives Page Two Objective: To arrest deterioration of targeted neignoornoods and eliminate major health nazards. 5, Street improvement + $ 651636 Pavement, curb rnd gutter for Bushey S'-.reet. Objective: To upgrade infrastructure in targeted areas as a part of the process to stabilize neignoornoods. 6. Phoenix Apartments Renovation $ 40',000 Renovation of the Pnoenix Apartments, at 308 S. Ruddell, which are managed by the Denton Housing Authority. Objective: To bring existing rousing suock into compliance with housing code and arrest dete~:iorating neighborhoods in the target area, 7. Admi:iistration $110,000 ecogram management, coordination, monitoring and evaluation associated with carrying out eligible grant activities. A total of approximately 838 of the funding listed above will ue used to benefit low and moderate income persons. Any citizens or groups wishing to comment on the proposed Community Development BloCK Grant projects snould contact the City of Denton, C0BO Office, 235 W. dickory► Denton, texas 76201 or phone 56b-8460. 0486$ rye USE OF 1984 COMMUNITY DEVELOPMENT FUNDS The objective of the City of Denton's Community Development S1ocK Urant Program is to support activities which are directed toward the specific oo)ective of development of viable urban communities oy providing decr t nousing, a suitable living, environment, and expanding ek.aomic opportunity, princip?.lly for persons of low and moderate income. The City is meeting its objective and the national objective because all activities are being carried out in the Program Target Area wnicn is defined to be the areas of the city that contain 51% or more of the low to moderate income population. The Housing Rehabil- itation program requires tnat the individual benefiting from the program must be low to moderate income. fhe City is receiving approximately $614,000.00 for its 1984 program year. The expenditures to date for the current activities and an assessment of the program objectives are as follows: 1. Housing Rehabilitation $ 11011.24 Rehabilitate substandard houses innabited by low or moderate income persons living in the city. Objective: ro bring existing housing sto^k into compliance with housing code and arrest deteriorating neighborhoods in the target area. 2. Redevelopment of Fred Moore Park $ 100.00 substantial improvements to and the addition of new recreational facilities within the targeted area. Objective: To improve the quality of life and promote neighoorhood stabilization in the targeted area. 3. Acquisition $ -0- Acquisition by purcnase, lease, donation or otherwise of real property (located in the target area) for tho purpose of demolition of substandard structures and/or conversion of nonresidential uses to residences for low to moderate income persons. Objective: ro improve the quality of life in the targeted neighborhoods and provide decent and affordable nousing. 1~64'Use ' of Fund Page 2 4. Demolition $ 3,278.28 Demolish and remove suustandard structures that contribute to the deterioration of neignoorhood:3. Oojective: To arrest deterioration of targeted neighborhoods and eliminate major health hazards. 5. Street Improvement lU,l07.57 Realignment of the intersection of Rooertson/Wye/Jackson Streets, construction of curb and gutter on approximately 1200 feet of Rooertson Street and the construction of sidewalks in this area. objective: To upgrade infrastructure) to improve the passage of traffic, and to improve pedestrian safety in a targeted neighborhood. 6. Street Improvement $ 31,970.21 Paving improvements along a portion of East Prairie Street. Objective: To upgrade substandard infrastructure in targeted areas as a part of the process to stanilite neighborhoods. 1. Planning $ 31,708.22 Data gathering, studies, analysis and preparation of plans for carrying out and evaluating programs. Objective: ro provide a more accurate planning process in order to effectively deliver services. d, Administration $ 840782.66 Program management, coordination, monitoring and evaluation associated witn carrying out eligible grant activities, Any citizens or groups needing aaditional information on the Community Development Block Grant Projects should contact the City of Denton, CDSG Office, 235 W, Aickory, Denton, Texas 76201 or phone 566-8480. 0486a Community Development Block Grant Unapproved Minutes May 7. 1985 Civil Defense Room Present: Connie wells, August Brown, Sibyl Evans, Lovie Price. Birdell Carstarphen, William Kamman, and Jo Luker Absent: Rebecca Cantu Present from Staff: Julia Moore, Community Development Coordinator; Elizabeth Evans, Community Development Coordinator; and Penny Jones, Clerk 1. Chairperson, Connie Wells, called the meeting to order at 7:40 p.m. II. Ms. Wells called for approval of the February 28, 1985 minutes. The minutes stand approved as mailed. III. Me. Wells asked for a summary of the proposed recom- mendations which are included in the 1985 application from the staff. Ms. E. Evans gave a summary of the past and present requests received to date for the grant funds. Ms. Wells asked for a review and diecussioz of the requested funding categories to be ranked. Mr. Brown asked for the total dollar amount of grant funds received. Ms. Moore replied $677,000, but that $100,000 is allocfted to administration and $300,000 for rehabilitation which are categories required by HUD. Ms. Moore said the demolition program was wsdely uued by the community and that the staff would like to do at least thirty demolitions of substandard e:ructures with a portion of the funds. Ms. Price asked for the dollar amount of the street i.mprovoments. Me. E. Evans replied that there was a request for BvAhey Street to be paved in the pant requests and that an estimated cost would be $65.000. Me, S. Evans asked for the dollar amount that the Denton Housing Authority needed to rehabilitate their units, Me. E. Evans replied $138,000 with the Denton Housing Authority also adding funds. .:kC.N ^3....r• C CDB4 Minutes May 7, 1985 Page 2 Ms. Carstarphan asked about the Mayhill Street Improvement request. Ms. E. Evans said that Mr. Meyer had suggested this project as an option for the 1985 grant funds. Mayhill Street is in the target area and also an area where no grant funds have been utilized. The Parks Department request was discussed. Ms. S. Evans said that the Park Department Masterplan was highly rejected by the audience at the May 6 public hearing. Ms. Wells asked if the Parka Department could receive funds from any other entity. Ms. E. Evans said the Parks Department received general funds o nd they could possibly receive a matching grant from the stat4. cats. Price asked Ms. Luker to give a summary of the items discussed at the public meeting. Ms. Luker said at the public meeting, Mr. Brinkman presented an outlino for the masterplan which is the Parks Department plan. He said this center could be funded through a bond issue, although a neighborhood center like Fred Moore would not pass in a bond issuue because he didn't feel the center would serve the whole community as well in the location the citizens had chosen. She also said the residents of southeast Denton area are strongly involved in the planning for a neighborhood center and if they're neglected it could causs a lack of trust. They had requested a center similar to Denia and Northtakes and located adjacent to Fred Moore Park in the past public hearings. Ms. Carstarphen added that the parka plan is a good one, although it is not an answer to the immediate community needs. -We. Luker said the March 11, legislative meeting at the Anatole in Dallas discussed the different budget cuts many organizations would receive and that the CDBG funds would be a target for these organizations when their funds were decreased or phased out completely. She also said those subjects discussed were occuring presently. Me. Wells asked for everyone to vote and rank the requests on their priorities. e 46 i ~ Y r r'19 i 5 y q ♦ h s,~~' .F 3c, w •~.`t; Y Q 'r. tw.' CDEQ Minutes May 7, 1985 Page 3 The results were derived from an average mean of all the requests as ranked. Followins; is the rank given by the committee to each activity: 1. Recreation/Multi-purpose Facility 2. Housing Authority and Demolition 3. Bushey Street improvements 4. Parks Department 5. Mayhill Street Improvements 6. Woodrow Lane Bridge Me. Carstarphen asked what dollar amount could be used for the recreation facility. Ms. E. Evans said approximately $100,000 could be allocated for acquisition of land. architectural design and engineering plans from 1985 funds. Me. Luker asked who could approach a landowner to discuss the cost of selling property for a site to locate a center. i Me. E. Evans replied the citizens or any of the committee members could discuss the selling of land with a landowner. Ms. Wells asked when the application had to be submitted to the HUD. Me. E. Evans replied June 17, 1385, was the deadline. A proposed statement of the use of funds would be placed in the legal section of the newspaper and then the final statement wo»ld be published. Mr. Kamman made a motion for the demolition program to be funded for $30,000; the Housing Authority to be funded for $38,000: and the recreation center to receive $100,000. Mr. Brown seconded the motion. Brown. Kamman, and Wells voted in favor. Price, Luker, an3 Carstarphen voted against. Evans abstained. Me. Luker made the motion that no exact dollar figures be listed with the rankings of the funding requests although the rankings should be honored with the top three items represented. Me. Price seconded the motion, Evans, Carstacphen, Price and Luker voted in favor, Kamman and Brown voted opposed, and Me. Wells abstained. Me. Wells told the committee if any additional questions needed answering about the funding request to contact the staff at their office. She also said a meeting would be called if four or more people needed questions answered, IV. Meeting adjourned at 9:25 p.m. 0868] x DATE: 06/04/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: RESOLUTION PERMITTING TEMPORARY BATCH PLANT RECOMMENDATION: The City Council adopted an ordinance approving a specific use permit for a mobile home park at this site on January 8, 1995. SUMMARY: This is a cG;uest of the Holigan Corporation to operate a temporary concrete batch plant on a 104 acre tract located on the north side of last Metiriney Street (P.M. 426) approximately 3,000 feet east of Mayhill Road. The length of operation for the plant will be limited to six months. BACKGROUND: The City of Denton Zoning Ordinance authorizes the City Council to grant permission for temporary batch plants by passing a resolution for this purpose. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: I Not applicable. FISCAL IMPACT: There is no impact on the general fund. Respectfully submitte : Prepared by: G. Chri Har ung City Manager s Denise Spi ey Urb+n Planner App ve Jet: M S Director of Plann ng and Community Development 10086 `L ^4 r: r . CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM DATE: May 29, 1985 TO: Denton City Council FROM, Denise Spivey, Urban Planner SUBJECT: Resolution Authorizing Temporary Batch Plant Article 7 of the City of Denton Zoning ordinance authorizes the City Council to permit the establishment and operation of a temporary concrete batch plant by resolution. This resolution will h1low the Holigan corporation to operate a temporary concrete batch plant on a 104 acre tract located on the north side of East McKinney Street (F.M. 426) approximately 3000 feet east of Mayhill Road. This 104 acre tract is the site of an approved specific use permit for a mobile home park. The operation of the plant will be limited to a six (6) month period. Q~rW,ji Denise Sp ve Urban Planner <z r 1007a 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 pursuant to Article 7M of Appendix B (the Zoning Ordinance) of the Code of Ordinances of the City of Denton, Texas, Holigan Development Company is hereby authorized to operate a temporary concrete batching plant for a period not to exceed six (6) montha on the following described property: Being 104.284 acres of land located in the Morreau Forrest Survey Abstract No. 4170 Denton County, Texas and being the same tract of land conveyed to Henry S. Miller, Co., Trustee, by the deed recorded in Volume 589, Page 291 of the Deed i<ecords of Denton County, Texas. Said Henry S. Hiller, Co., Trustee Tract being also known as Lot 3, Block C of 0,e subdivision of Morreau Forrest Survey, Abstract No. 417, Denton County, Texas, as shown by 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 104.284 acres being more particularly described by cetes and bounds as follows: BEGINNING at a 1/2 inch iron rod by a fence corner post in the northeast right-of-way line of Farm to Marker. Road No. 426 and being the southwest corner of said Lot 3, Block C of said subdivision; THENCE north 00°57'52" east 2801.91 feet along the west boundary line of said Lot 3, being east boundary line of Lot 2 of said subdivision to a 2 inch steel fence post in the south right-of-way line of Mills Road whose average width is 55 feet. Said steel post being the northwest corner of said Lot 3 :ad the northeast corner of said Lot 2, Block C of aforesaid subdivision; THENCE south 88°49'29" east 1445.37 feet along the south right-of-way line of said Mills Road to a 1/2 inch iron rod at the northeast corner of said Lot 3, being the nort"vest corner of Lot 4 of said subdivision; THENCE south ^1°08'06" west 2218.34 fe.t along the east boundary 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 1/2 inch iron rod at the northwest corner of said 15 foot access strip; THENCE south 00°59'19" west 1355.47 feet alon, the west boundary line of said 15 foot access strip to a 3/4 inch iron pipe in the northeast right-of-way line of aforesaid Farm to Market Road No. 426; THENCE along the northeast right-cf-way line of said Faro to Market Road No. 426 as follows: 1. north 53°44'27" west 245.60 feet to a 1/2 inch iron rod at the t beginning of a curve to the left; I` 2. northwesterly 386.13 feet along said curve to the left having a radius of 3078.86 feet, a central at,gle of 07°11'08" and a r• PAGE 1 R I ~ .1.j/y~4r ft Y chord bearing north 58°5912611 west 385.88 feet to a 1/2 inch iron rod at the end of said curve; aB. north 62°35'00" west 992.60 feet to a place of beginning con- taining 104.28 acres of land. SECTION II. That this Resolution shall become effective immediately *opon its passage and approval. PASSED AND APPROVED this the day of 19115. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS I~ i ATTEST: A CRARLOTTE ALLEN CITY SECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOV1TCH, CITY ATTORNEY CITY OF DENTCY, TEXAS ,6 ' 1 c1 XCrL~l(~ i( 't ~i 2 r C c'~I BY: PAGE 2 1 e R E S O L U T I O N WHEREAS, the City of Denton purchased certain real property for its sanitary sewer facility on July 7, 1978, from Anthony Scalise; and WHEREAS, the Deed received from Mr. Scalise dated July 7, 1978, and recorded in Volume 899, Page 186, Deed Records of Denton County, Texas, contained an erroneous property description, conveying 108.05 acres of land instead of 68.0 acres as intended by both parties to the transaction; and WHEREAS, Mr. Scalise caused the Deed to be refiled in Volume 1169, Page 687, Deed Records, Denton County, Texas, October, 1981, to correct the legal description to show a conveyance of 68.0 acres to the City; and WHEREAS, Mr. Scalise, through Plano Title Company, has requested that the City confirm and ratify the Deed as refiled; and WHEREAS, the City paid for and continues to occupy only the 68.0 acres described in the Deed as refiled; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The City Manager is hereby authorized to execute the attached Ratification on behalf of the City of Denton, confirming the Deed from Anthony Scalise as refiled in Volume 1169, Page 687, Deed Records of Denton County, Texas. SECTION II. The City Secretary is directed to forward a certified copy of this Resolution, with the executed original Ratification attached, to Plano Title Company for recording purposes. SECTION III. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1985. RICHARD 0. STEWART, MAY CITY OF DENTON, TEXAS ATTEST: CHMWTTE ALL-EN CITY SECRETM CITY OF DENTON,OTEXAS APPROVED AS TO LECA' FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS . BY: Y Y' LEGAL DEPARTMENT MEMORANDUM Debra Adaei Drayovitch, City Attorney Joe D. xorris, Assistant City Attorney Robert B. Hunter, Assistant City Attorney TO: G. Chris Hartung, City Manager FROM: Robert B. Hunter, Assistant City Attorney DATE: May 200 1985 SUBJECT: Ratification of Anthony Scalise Correction Deed Our office has received a request from Plano Title Company to sign an agreement ratifying a correction deed filed in October of 1982 which changed the legal description (reducing the acreage from 108.05 acres to 68.0 acres) of the prape7:ty described in a deed to the City from Anthony Scalise dated July 7, 1978, involving the purchase of land for the City's sanitary sewer facilities. I have advised Plano Title that we cannot execute such a ratifica- tion on our own authority; a ratification of a deed reflecting a $150,000.00 purchase must be approved by the City Council. Furthermore, I cannot recommend that the deed be ratified without verification from someone in authority on the City staff that the first deed in 1978 was in error and that the City is, in fact, occupying only 68 acres ss reflected in the 1982 correction deed. This would require someone with knowledge of what transpired in 1978 or a survey of the premises. From what I have been able to reconstruct by reviewing various documents I have obtained, it does appear that Lawyers Title attached the wronb property description to the 1978 deed. When Mr. Scalise was attempting to sell some property in 1982 from his remaining tract, someone representing Mr. Scalise apparently discovered the error and refiled the same deed with a different property description attached showing a 63.0 acre conveyance and typing the following language on the 1978 deed: THIS DEED IS REFILED FOR THE SOLE PURPOSE OF CORRECTING THE LEGAL DESCRIPTION HEREOF. Since the City was not a signatory to this transaction, it is now necessary for Mr. Scalise to obtain the City's ratification thereof in order to sell his remaining property. As evidence that an error was made when the 1978 deed was filed, I have obtained a copy of a sales contract between the City and Mr. 4 H f 9 Y G. Chris Hartung May 20, 1985 Page 2 Scalise dated June 279 1978, which mentions a 68 acre tract. A City check requisition-voucher dated July 6, 1978, (but bearing only the signature of Paul Isham) shows a net invoice amount of $150,000.00 for the "purchase of 68 acres for sewer department,11 payable to Lawyers Title Company. Finally, I have obtained copies of the Purchaser's Statement prepared by Lawyeta Title, dated July 7, 1978, and signed by Paul Isham which shows a purchase of 68 acres out of the G. Walker Survey, Abstract 1330, Tract 16. `Another statement showing a 97.785 acre purchase is unsigned.) Based upon the foregoing, it appears the City intended to purchase only 68.0 acres in 1978 for the sanitary landfill and that an error was made when a deed was filed describing 108.05 acres. However, as I stated earlier, I cannot recommend ratification of the 1982 correction deed without staff's assurance that we intended to purchase, and are occupying, only 68.0 acres. In the event the City refuses to ratify the deed, Mr. Scalise may bring a trespass to try title action against the City. The City may then be liable for damages and costs of suit should Mr. S.aliae prevail. I am attaching copies of the following for your review: 1. 1978 Warranty Deed to City 2. 1982 Correction Deed 3. Property description attached to 1978 Deed 4. Property description Attached to 1982 Deed 5. 1978 Sale-, Contract 6. 1978 Check Requisition-Voucher 7. Signed Purchaser's Statement showing 68 acres 8. Unsigned Purchaser's Statement showing 97.785 acres I have also enclosed a copy of a proposed Resolution (with Ratification attached) for consideration by the Council. I would appreciate it if you would obtain a staff recommendation and place this on the Council's agenda. Thank you for your cooperation and assistance in this matter. 1 ROBERT B. HUNTE RBH : ,j c Attachments cc: Rick Svehla Bill Angelo CITYoI DEWON,TEXAS MUNICIPAL BUILDING / DEN70N, 7 7¢~4af I's TELL' NE (817)566.8200 is V MEMORANDUM 'MAY TO: CHRIS HARTUNG, CITY MANAGER FROM: R. E. Nelson, Director of Utilities DATE: May 239 1985 RE: Purchase of 68 Acres of Property from Anthony Scalise July 5, 1978 Attached herewith please find a copy of the June 2, 1916 ?ublic Utilities Board agenda and City Council Minutes from July 5, 1978s wnerein the Council approved th.: purchase of 68 acres for the Sewer Treatment Plant. I can attest to the 68 acres since I was involved in the negotiations for this property. If I can be of further help, please advise. Rcspectfully, R. E. Nelson, V.E. Director of Utilities gcr cc: Debra Drayovitch, City Attorney file Attachments: Juwie 2, 1978 Agenda- PUB (and associated backup) July 5, 1978- Minutes- City Council 3582U:16 85/0134 KS RATIFICATIM STATE OF TExAs I I COUMN OF DEN M WMRFAS, by teed dated July 7, 1978, recorded in Volume 899, page 786, Deed Records of Dalton County, Texas, Anthony Sllssr Trve!ee, sold and conveyed to The City of Denton, for Ten and No/10ca0 Dollars ($10.001, and other good and valuable considerations, the following described property to-wits E BEING 108.05 acres of land, being Pert of 2/3 of a League of Lard patented e to Gideon walker, October, 8, 1845, by Patent No. 242, Volum 4, and boing situated in the County of Denton, State of Texas. tS*S, by same Deed dated July 1, 1978, re-filed in Volume 1169, Page 687, Deed Records, Dentcn Canty, Texan, for the sole purpose of correcting the legal description to less acreage described as follotat E BEING 68.00 acres of lard, Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, being part of a certain (called) 108.05 acre tract described in a deed fnm J. W. Bellun, at ux, to N. T. Wilkerson, at ux, on Jamary 7, 1953, rea rded in Volme 385, Page 87, Deed Records of Denton County, Texas. NOW, THEREFORE, in consideration of the premise and for the purpose of darting validity to the above mentioned Deed of Conveyance, The City of Z Denton, does hereby ratify red confirm the accuracy and validity of said deed. r Witness My Hand, this day of 1985. THE CITY OF DENTON G Sys STATE OF TE)M COLWN OF DEWON This instrurent was acknowledged before ms on _ , 1985, by of The City of Denton. Notary Public, State of Texas My carmission expires Print Names a~Fn~,~{ -F r^.. t i41 v 1\ { ooa~ 0 ~97A 101, 04 .w •rw w srS•IhI UL 1. RQQ IW THE STATE OF TEXAS MW Ali VM IT neI1,IAND(M~ t COW" Of sore" T%A I, Nr"M KAL152r 11N AW R90~ le..!•.4A1e MAW 'c~aw, hom y w . e.r1.w I Y.IV! 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JO stn Gae to rarer to the Northeast retail S of said oche. limit. rN9x9 %en% It detrrer. 00 atm cett M vital to tit ttort►Wett marker of laid sckA •edct, the cut Llne of sate Walter Iwrwo. TKINC .'.rid Wle% toe Vote line •r 1:111 velle9 swevre and tM ot/dln of lane 171 viral to the fewthlalt teroar of a 14 al Alto tart alaw7sa to V T Cr.ra TMQCL Not 119] .arid tae {rwt4o9tt [e soured to W al of *I.$ 7a SI acre trait T [n, MKS tewth !S meal •C elm !le! •1:m tau Crrh 994;4. wane to a ir.t to tma riddle . t htam thee. ihCMtt dlvq.r the a.ll:a of 9414 eder Wt14 she ..apart to tr. ).ere of t*4"Aln4r tM91141n4 1-1 "1 of ld.J. Used OP Ila1 nil ..rrerapre Is r..nw t. •t to the I:.t4 ateenl ralarv4•164 aretnrrd 1n tees fr:m fe:arat Life 'me wrann [war to r;,.aoto s Male n., easel tM I{rw dap •f Jwra IV.l, rrt+e dad 14 1#4 .9:. 04Ae fit at imp Not 1tco of IWrIM Cewalr. 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H r 4 we. a." 4.0 ~ f1 t,mm YT N•N •.Y.Uy0/fgxl al ate, Tr•1 1 Itll ~ ♦•rl M'• ,f ■rl M...•Wr l..l H f1 I~ L T I 1. ul 11 am 1.170 !19 17 `1 ! n..(i`C: 35.-,~ i• .C, -~ILG V A, -N a . ; _~v rq ALL that certain tract or parcel of land lying and being situated fn the County of D2.^,COn, State of Texas, being part of 2/3 of a league of Land patented to Gideon Walker, October 8, 1845, by Patent No. 242, Volu~.e 4, and described by metes and bounds as follows: ' BEGINNING at a point in the middle of Pecan Creek, 9 vrs. Sough, 76 degrees 15 min. East of-a feace post from which a Pecan 8 inches in diameter bears East 4 varas, a pecan 10 inches in dianater bears North 24 degrees vest 12 vrs., said point being in the 'North Line of a 82.62 acre tract owned by I.E. Edwards; THENCE With fence Norco 76 degrees 15 minutes, West 893 varas; THENCE with fence North 2 degrees '.lest 42 vrs. to the middle of ler!; THENCE with :riddle of lane Vest 947 varas to the Southeast corner of the school tract of 1 1/2 acres THENCE North 1 deg. 30 min. East 70 varas to the Northeast corner of said school tract; THENCE North 89 degrees, 30 min. West 112 varas to the Northwest corner of said school tract, the West Line of said Walker Survey; THENCE 'Forth with the west line of said Walker survey and the middle of lane, 301 varas to the Southwest corner of a 16.91 acre tract conveyed to O.T. Evers; THENCE East 1192 varas the Southwest corner of a 23.58 acre tract owned by W.T. Evers; THENCE South 50 deg. 30 min. Ea.: with said Evers tract, 345 1/2 varas to a point in the middle of Pecan Creek; THENCE down the midd o h its meaners to the ploce of beginning, a ning .08.05 acres of Ian d, more or less. This conveyance is made subject to the 1/4th mineral reservation contained in deed from :ederal Life Insurance Company to Florence E. Nabern, dated the 16th day of June 1941, recorded in Book 250, page 577 of the Deed Records of Denton County, Texas. Ji' Y Y C4 "'ta l48 ccMw ~ All that rcrtalu tr.,ct or porcel of 1-wd situated in t1,e tadco:r''ilkcr snrr,Y. Abstract 13:A, 17.'ntm Csuaty, T,.>:.IS, ti,ing part u( s cwr4aln (calktiJ) tGB.uS sere tract described in a load frw, I,;:, Yollum, ee ux, to N.T. %Likeraoj, CC ux, on January 1, MI. rucor.ed in YPIJu°d 385, Pngo 81, ne,jd Records of said CWnty, and being ,core particularly described as followst BEC1t.'Yl1:t: at the Southeast corner of said 108.03 acre tract in ri,e middle of Pecan Creek; TIIEXCE 1Vo 72' 12' 10" u* with a lento 2480.5 feet to a fence corr.rr; MICE N. 2' 54' 21" E. with sold fence 116.8 fret to a corner In a gravel road; TiiENU N. 86' 14' 44" Id, to said rusd 999.46 feet to a corner; TUESCE N.3' 45' 10" E. 1045.71 r,vt t, .t xtcel,pJn'In n [sate; THENCE S. 86' 04' 09" E. with said fence 1387.96 feet to cn an;l. in said fence; TIIENCE S. 47' 04' 55" E. with said knee 973,1 feet to a corner in the riddle :i t'ecan Creek; 111F.CCE Southeasterly with the middle of Mard creek With itn neandars the following 18 courses and dista,ces: (1) 32' 03' 10" U. 50,1 feet (2) S. 1' 37' 30" E. 142.1 fett (3) S. 64' 53' 30" L. 250.5 feet (S) S. 150 19' 40" 41.5 feet (5) S. 75' 13' lu" t+. 78,7 feet (u) S. 36' 57' 30" W. 101.) foot (7) S. 57' 22' 20" F. 75.0 feat (8) S. 71. 04' 50" F. 411.4 fact (9) N' 18' 23' 40" E. 39.3 feet (10) 16' 21' 10" E. )5.44 feet (11) 6' 12' W. 210.1 feet (12) N. 43' S1' E. 86.5 feet (1i) S. 69' 53' C. 43.5 feet (l4) S. 33' 50' E. 323.1 feet (15) S. 66' 45' E. 130.7 feat ° (16) N. 73' 48' E 95.8 feet (11) S. 56' 54' F. 60.0 few 1• Sf' n" F, 622,60 feet to the place of besinnin;, containing in all 65.000 acres of 1aa . - t SALES_ CONTRACT THE STATE OF TEXAS X BY THIS AGREEMENT AND CONTRACT: COL.M OF DENTON X _ Anthony Scalise Trustees hereinafter called Seller, acting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto the City of Denton, Texas, a Municipal Corporation, hereinafter called . 1 Purchaser, and Purchaser agrees to buy the described property lying and being situated in the City and County of Detcton. State of Texas, and mor: particularly described as an approxisate 68 acre tract out of the tract described in Exhibit "A" attached hereto and made a Ik part hereof. Said 68 acres being out of the most eastern portion of said tract' The purchase price is $150,000.00. cash, payable at closing. Closing to be on or before July 14, 1978. Seller agrees to furnish a Title Insurance Policy to said property, which shall be conveyed free and clear of any and all encumbrances. Selle agrees to pay for the s-irveying end providing the metes and bounds description of th 68 acrd tract. If any title objections are made, then the Seller or his Agen' shall have a reasonable time to cure said objections and show good and marketable title. Seller agrees when the title objections have been cured, to deliver a good and sufficient General Warranty Deed properly conveying said property to said Purchaser. Texas for the%current year are to be prorated to the date of closing. The purchase of said property is subject to the approval of the City Council of the City of Denton, Texas. Closing 94ill be handled by Lawyers Title Company of Denton. Executed in quadruplicate this the 7 u day of ~s.!d A.D. 1978. CST F DEhTON, TEXAS PUA Y S£A SELLSA , BYl 1 4i♦ Vii': V J i YV.NR EXHIBIT A ALL that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part cf 2/3 of a League of Land patented to Gideon Walker, October 8, 1845, by Patent No. 242, Volume 4, and described by metes and bounds as followst BEGINNING at a point in the middle of Pecan Creek, 9 vrs. South, 76 degrees 15 min. East of a fence post from which a Pecan 8 inches in diameter bears East 4 varas, a pecan 10 inches in diameter bears North 24 degrees West 12 vra., said point being in the North Line of a 82.62 acre tract owned by I.E. Edwards; THENCE with fence North 76 degrees 15 minutes, West 893 varas; THENCE with fence North 2 degrees West 42 vrs. to the middle of lane; ' THENCE with middle of lane West 947 varas to the Southeast corner of the school tract of 1 1/2 acres THENCE North 1 deg. 30 min. East 70 varas to the Northeast corner of said -chool tract; THENCE North 89 degrees, 30 min. West 112 !*ras to the Northwest corner of said school tract, the West Line of said Walker Survey; THENCE North with the vest line of said Walker survey and the middle of lane, 301 varas to the Southwest corner of a 16.91 acre tract conveyed to W.T. Evers; THENCE East 1192 varas the Sri:thwest corner of a 23.58 acre tract owned by W.T. Evers; THENCE South 50 deg. 30 min. Fist with said Evers tract, 345 1/2 varas to a point in the middlt of ',can Creek; THENCE down the middle c with its meaners to the place of beginning, containin 108.05 acres f land, more or less. This conveyance is made subject to the 1/;th mineral reservation contained in deed from Federal Life Insurance Company to Florence E. Habern, dated the 16th day of June 1941, recorded ir. Book 290, page 577 of the Deed Records of Denton County, Texas. yet , , 1 6 1 CHECK REQUISITION-VOUChza C ecl caber Number Fay to $150,000.00 Aarouat LAWYERS TITLE COMp1V4Y LEGAL Department JULY b~lye Det RETURN LO CITY ATTORNEY Acct. Balance Invoice data, number and or ex tanatiou Account No, Not Inv, Arount PURCHASE OF 68 ACRES FOR SEWER DEPT. 43-00-90-01 $150,000.00 i TOTAL 0 0 0.00 The above has been reviewed and recomendatioa for payment is made by the undersigned. Accounting Approval .~'Signatute My Manager Approval Director of Plaanca Approval (r • LEERS TITLE CO, MANY OF DENT'ON July t t97s PURCHASER'S STATEMENT ~_7~_ls4s L`t/ka LATE. _ GF Niv SAU FROM: Anthony Scalise. Trustee f0,-Cltj of Denton PROPERTY 68 acres out of the G. Welker St..rurY Abs,r:7~t 1]).y~ ~,jct I6 150 400.OU PURCHASE PRIC.f _ -__.-5-._' PLUS CHARGES F ling fee: to County Clrr4t 1.00 730 OIT~ 5.--- AFF-~-5 - Loan Charges and Fen Ow Appr. Fee Cr. Rep_ Orig. Fee Into. Fit - Loan Trendier Fee or Assumption Fe/ Fees to Lawyers Title Company of Donlon TitidPot4Y:Oemp Mortgagee Qn.da--_ -Escrow-10,00 Rastr.roons Survey delftidn _ Courser Ssrsict $ 10.00 Tax Certificates., $ Stare and County S City and School _ _ $ Other _ S Survey Fee to S Attorney's feet for pfeperetion of papers to $ Flood Insurance prenttum to S_ Hattrd Im'dNCf pffmiuni to Tax and Insurance escrowed witA _ S mot, tae dposit 0 per mo. mos. hawd insuf once @ -pit mo.. met Rood insurance ptf mo. _ mos, mortgage insurance Q per mo. tntetestIF" to S Proration of huUd insurance from _ to S PloraUon of flood insurance from to _ S 'te.ntenance ehargt ororatom from -.to _ S Tot prprtYOn from 14 S Eterorred accounts rwth tender purchastd from Seller S S S _ _ S S TOTAL CHARGES S__tJ•00 - .:J GROSSAVOUrIT Dui: By PURCHASER 3 -I50,017 LESS: CAEDITS Down pagn.e l or earnest money peed to S Loan from _ S 2nd I.en nott - S Note fttumad S - pro•..Cnrrom_ .,-_tn- S To$ofont-on from 1/1178 to 7(7!78 S_.._ Rent prwu'on from fo Other Crtd,t S._ S. S T,%TALCREOiTSS 3S5.77 _ BALANCE DUE QYM PURCHASER S 149 E131.23 rurch..ct r~JwaaM.Ine (fawns 41 f'.r n'e ,{[reel hr r.•eml~kd IIN ~nldn4 M1•,n }tp'.,. M1I Ny flit Ir.. n.n lMn thln IIY tyq rM1?4rn dhn P.•IahM rI•m elhef W4he1 aM hM1hd auapnlte the N.YH.e HKr: ul. !M1/ IYlI hlal, agars/ .'f Isn.Ict ~n•iq.rJ 1u,1 Ie I4 NIidHe a..•s•y •R li a x1.4 M. nr • rul.h.r.er undauarJ, Ihu lax *Ad .muran.t rhnai•,•s uhl f.•:,rt. Acre I'JWJ an ISy.rres I'll de' dale. tad tract n1 vn•Ivn'J I•r •"I n M ca+.rnatxl Iw .11.1m $0,1. Ad to the xrtnl Irf May' lvh o La ,urh .1 feu. all rw.ewts . fili.w hll m4.1 IV 11A. Lttr..A ral.h.•.r Ara S.n.f 4.10.11. The un,kt,-w4 tktrfy lultmrlles larafrl roi, ('empan. l Ikni,n r,. male rsivnj.IWa amj JL.bur.rn.enlt as .1wrA ah.Ae and s;rr.lw's 4m/ I,f pal mrnl, flit xM1JxbgIlaJ JW .slow kJp'1 A.941 .d Lnn. 1 .n,l•. A .pole .F~j. In ~rnwrL-0 .atrn.K anJ / K.My1 ur A erPl or this Stiletwot. I LAWYERS TIJLF COMPANY OF DENTON ,111 !'..~>1•L'!'' (A or W11, CLUSINVUR I SCKOW ACIA7 ,11~IlRl~ •rldrr 7nnAfexarr6n/7•udo!YI}APip r•e~Jr/.rf,L•h'd 11.i0rnl,d4lNfn ,!r.renN,..•ru•r,n~a fr 1001 to ' feAr 11/1/~IMI wX Of b; et'•d ra 1r r. 4fl.M •d I„r a1 r. wYera r•'rJ • "J'n 1r1lsr'4:a r J :._Or W LAWYERS TITLE COMPANY OF DENTON DATE: J211 7, 1978 PURCHASER'S STATEMENT - GF No. . 0-18-1155 L.Y/kt SALE FAOIA: AntAonY Scalise, Trustee PAOPEATY 47.783 acres Out of thu G. Walker Si,rv_ Abstroc 1 _ --i----t ~l4~tiesly L6 PURCHASE PATCS PLUS: CHARGES S 150,000,00 Fitr y~ Ives so County Crork. 5VD -i • 00 AFF OR _ g r 1.40 Loan Charges and Fees Oue to Ajow. FN Cr. RoD• rh+NO._ Orig. Foo Insp. Fie Loan irrmfor Fee Of Ast6Tption For S Feat so Lwyers Ykte Company of Denton S TidePoiie'y: Owner ktortgsoee Bincvr Krow --.+Z+.t2- Ret Ir K V Ool Zsvvy deletion COUrier service-- Tail 10.00 CottiricaIsiv S - Sute Ind County S City and so" $ Dow S Survey Fee to S Aftotneyy fees tot rnPatarioA of papers to S Flood fmfance pr raluat to - S Hared I:nurance premium to S Tea and Inwrance e r S owed with S mos. Sla deposit 0-_ Der mo. mot hazard insurance flper mo. m~J ftood insurance 0 per mo. mot mortgage rnourence 0 - per ma. S Interest trod" to _ Ptoration of hazard insurance from S - to - g PIOrJtiOn of flood insurarve from tY Maintenance chng.t proralon from to S Taa DrGratipn from to g 1> crowed aceounta with lends WChoild from SJtrer - S S TOTAL CHAAGES S - _ 11,14 LESS: CAEOITS GROSS AMOUNTOUE SY PURCHASER S 50f01 5 Ddvm paYm:nt or esrnesl money DYd to ` g Loth 4om 2ne Pan gate' No:e assr.r•ap S . Inlererl Dr Oration Iron a Tawaaron Irom-111/T~-'-`-'d.~_ S to~J1111B S SSta,60_~ Rent Proration Irom to Other Credit S TOTAL CREOITSS_ 554.60 BALANCE DUE MTOPURCHASEA S !49,462,60 Frrsh,srr aeJ.rs4nJrrM z7oslna ra Lrwr Arsnl N.. ,.,rntA4J hr. r nr,ln.n rr r.. urns rr..• v wwln,n rrn r r (rot" nlhcr v Y9Yl emj ranioN Jr3hr•lrr 11,,, 4.L111`411 .t., it, I Aul n'.1 t...'r r:Cr! rN Ir htrl unolsrI m. 1tt IurmJ J Y.t vai.r ..,:..n s :I,Lte r r! .J u•.• b,r, rs...• Pvrshner IrnJrhlreds Ih.1 I,% nJ rnorr,u.t prolongs nJ ft," I it. r, rr 1."j to it nrrs I. r 114 paresJrna 's,r n L'rjI . d LI ..dmn 14 auna!f1 too alrntnl star. me M Ito 001 of my I l l ,.n,•r I,.r can. Ill 14jr. Al nc Y,Ftr) arlomrn<nta nruo br rank 1w..ie rr.:....r ,nd %n.f duns. 7hr endr+rKnee kr reb arolhmlrts l+tycn hill t'on pew .rl Ihnu .r Ir milt rsls rJ,ruks .ud Jrrlxrvmrnu a •M..n n• ..r rnJ .ry r.^. s SAr ^ (I plfmaM,L The endemgnfd ,h.l nln.akJp. m.cyl .d I.vn I ends. d rrPlnrllr. a lbe arnrhat shown -6-w ,aJ r n'.trRt d • tw'! LAWYERS TITLE COIIPANY OF UEN rwit `--`---rtestwr.+.o-~eeeM-+tr,f-w---- ~ _,au:utts~ _ _ _ _ 'h'Ua: InrhMr an r,.rrnr r,'.i/Rr/ rrJ rs r'e pill rl e. •rJ Ir .r.r r,t Nr'.w, I]J r;.~,r ...:«r.•f r: ~"rlad iM lrlrrrnM/ wY be NrYIhI N a,H Ir lrrznrnf IrA.h re rIIWII,rNre 06011 me LrneerlN, fr rw'ri.1 •t,ri r' 4 ~i \l'[rY of 4 'y ~.Y ~d f\ :ir ~ 4J •Ilk L r rJ S, r G ~'`t -JVl~3 1 r i ~ 4MwMw" a ~ti~ ~ J t : tt\~'t'1 > r it. F i, ~i4 , r ~ y f''w 11 `~i '1 ~dr~ „r ~ S~~~L~i ~ rn~x t i ~ rtlry~n~iti, J*,.t0 i. 1•~`4 @• ~e Iny,'.. ~Y t ~ rl.~, ;~jtY ~~,E~ " 1,: ~ .'xa a.,:r a of L, t\ ~~YK~ r•. ' ~ ~ a + Y ~ a s r { .71st rnr t„~ ri +r h:i r:,j t tom' a. tk s yl I ~it}),'~>.}~' ti.A " , t ' 1 ~ 1 ~ t.'r Y ll'~•'. r ~ ,~P Nt i~.~ rk F w p 1.CC rr +t~{Y~(~4r ~(i~ J V 1 1 ' .vrw N 1' 1 'dui w 4 ~ r !',f.'P_,t1.~ .Y.S Q 41 4 ~ ! I t~ 1 I.•. 3 Q,T.F Y f k {'r ( V _ ~ ~ r t; ( 7 11MIA01► ~MM;~r r ',3 r. ti • s 4a , d , v 1 i r 1. I"Mb0+! Ikfi'O~M [botl+~ Iq~a i dog o~ tJw » r c ~ V < e r 7. t 1 it ta ~r Yr h; t kA ~'sr tl t, y•5 r i n is .1',J' 47 "fi 1 ~ ,.r t I^.a ° r ;ir Mr.r F r`, J dr. , Ir .,'fil r• rr w Y~ ~ 1 1 t w l i w h,"F,~ } 7 I t n n r \ S • t m It .1c n j' iJ JI _ ' . dal , a r F~' r c , e. '~ti a4 r 5~ 1'. y I ;:Y 1 1. ,Y+t1 A fr ' , t d•~' r1 v y f 1 ty I rrt IJ r 1' ~ 1 7' ' rn ~ o \ \ rro ~S IC 1'J' ~I1 1 n i r n t r t r •r.4 1 T 'J r r 1 8 "t 1 i i " I,' a' ~ i 1~"r., ~ t ~t y i ,1~J P I? , A t &f , f l jr ' • 1 ♦t • 1st r,? ! }`~v 16 ky % .!'IrLM[i. ~A. t.:M(slsbi►i DlyeetOr of Ukllitlli' ~ r tk}Ttl may i0i 1979. IURTOC'i'i hirchaar of jw at Watt 04 i Trls "hit !risk!, fl.C The ~ellil o+e¢srte+ent t)o is n►go'isttopt.+itri tt~t faI►d. t to t+>r Westthe tvs'te propertjr;' s the aoi!th, ioe~ 5sa1~e!' A+l tii.fiiy d! that ' laato YaFer.TxNtw,nt plant torsiCwrsl rk)nlliii,; tq peZtid.l~;~lrist i oni 13ricted, Ju4t for' drylbg beds 161f the g1?01:nt.,~id!ltiaei fpt'u're ;+lddit rot tbQ . tioh wit 15.20 yearn to addttlon vo nle3 fb. l o 47 acres'for 1amd a ppi lc~ !!p land to this voat of tAd lain! a viti 40 aCra!`i 1!A Of iQ aarlr ry ng bedo . arid's tnd tlt land that ew ld be ncilis ¢ litation bvt- £ od ° sor d Ov Mestorly 20 aeros of that tract cons.1itt of eAhy tocks Yhiell wrAd lion itr ties for" Mpplyinq sludge tb the lal the' lam to the, covth '#~d routbow ajtpttotr 4B acre,, le better rutted • ter sxNanhien of thy! dfyintl' ht's anA"xyI but *WON 9 acres of low lands vould ba satisfactory for loud ai,~l.: 06 of sludge. fte'Iaod to the south Cah be purch~u~d.for !2500;er pelt[ for the entirb.99 Sete tract, $241 bOo, or !2205 per acie for 68,aereei#"1140,Ot'ib, vtth"rl4hts of first rofuanl on the remining J truer. 2# 10 rcr4r veyo to be purchdacd td tht lJoiLi,!t la brlievaJ I "t vo1014 '1 ' a" llillo ,rote par jet* than th4'ptoFerty to the itouth, , f# W SAU4L4 LIM ` bpert~+:tb kha ±re#t wo voulb ptob.al •P'{l11 tbyr}~aid;adbtlLOl+nL ta~r'1 t tl,~•'awiEh tot futf~rp.'axpsArionsa1ja'ptopc'.rty' oir tb:`I moat I,etr barn ; Qo56'hghbor std has ~xpi iod v~1104nr~lr 0 4e~1..1 f+cvperty to tie . a wry ai CA if rhf tit voulA pror4r tb buy, 0K. 1300 treat his, xra41r"ss(4 thdt,tlvcy hati o alit `c~1"itu►'r!' pliAi"fot tha l~ayjortY 00 ~3ty 0eeldgi to ptittl`10' to tie b routh•> Ix A`(r kp` ryµ y~ l "'S F t Q f f „ N i ty 1" f t! 1 r o! ` i Com-Ilk Il!~~yl ou~P` rc►wrt atk!'Eds'itti lei ec Eire 'kE r d ~r talfti ' !N' , t ttdlili t a ysVttc t a o~ e4 sires lSkd "ade FM fer lr `aril Abres ltol%1gAY 'its ll;ib s!"d`J1smoce.:da Ji it; toikl pe ee +b~ f4p.0~t1~1{ 1~0 pee' at OR 4•Nitlt t fiA4Ciifv..i !{i► th6 lrMMlniit§ 10'ter a6'e# r tract The {ipt'citi4y vafdi'r.( tlitr'lartii: dL► r1Udb 31bbb`psl 3ra.• A•t±opy iif.- apt,tafl:al- "r la;i ti^htd, , A rrl'p jl0l4 khs *ubfecf Isnd'1S slid itlaahede Oki W1 1, lils " . K ~ v ~l~.~ i ~•"Y • ° rF , t ' prr A i ~'i i1 ( `,'i J s "V It. $1, all" I S,r v p t` r 4 i'r r , 1 4,~ { ~ I ,51nr ~i) X19 ~ ~ Y Fe Y.~,^ ~y~}Ai~»"~~f~I FAryFr` ' Ely.YA~ IY.4 t, ti'y }~.,k 7~/ ~i it .i,,"'~~`ntI r 3 jj~r? 'i r '"Y S~rY' ~1'k•.. 4,4` .a A • (t, r. r i` Au[t"e d[9 Coilby Cm , ' '~rr'('titllexaDarlk' b1, Aton', i 7d201 T: . 11r. listi,l senes Nun10ipal. Hut.lding Dentdn; Texa# 78101 Situ, 3ilue rat 0~ ra f!- Orr* 1'h(e lVi 644,6041% y~.4. .•if4e b,, Ma1~tr 8>+r.'t 'A0. y~96 ' z• ' In #i4d'rdnnne trl,th~ YQ+iX:;rrs4uA ttrhd:Fauth6'r[riit olt.,•1•"3?i havt"persbnalyti fbrpcAtfid.thr`rhnv, r,ontlahed prober~y , for the purpapp eft ert114+t n tlq fa [r a~irket velar ;111 1`hs resent p#,tliery Marki, ;dr,ta' l'nvoitf ettdn a lid tl yeis ~ idt~ rea l ted ' f n the ~oi'lairf e~ !ai'r tnatket' val ui ' ' con`Ciuriondi, N(Iresponsibility IH aRRumcd for matter's .hlch are lee'al in naturb. nor iR Any,opi, n16Aejf titIe.rendered herein. :.Any. ifenr or Pn~UfhbtAhCt+b o'hrr thin4hoNa speci'tiod'1n this real eRtate aljrrajHal report harfe bFrn disrogardod Rnd'tafr market valueis balled upon.to0 xlmpla title 0f ' the 'subject r•ruporty IN 'dt AO r1 1 200 168. Tho6e prJtnary I~alur 'cn•tjciutrlonA havo twee, made in Coe ; formit)~-withali°appir'vpfiato fait , rc►Kultitlehe~.`p0libio~l. ' and 'pt. bdurea, "and n6ifofi% with the r06ft nr, protensfuitAl ntand~trd• end, rode i!>', othioty r+ the+' ~d+rr(rnq Rljlht 'of #ay Aat:ac~jtiitin, tau+''AtnCp,1 rn Sotet 6t f~arta''MnnahrM~ i~°' i ttu4 Arpi'nirc~f 'I hr et+ucf` t~A t,>~ 1''i±de it App Yaftt the.:f3ot:fE'iy bf ~~~irl`1'eiatt+ ~~+rA~n~eA,`%A~.t1la~°Nntiditi",~1 ArROoiition of ht-:Vt6 J4pprii iers, . Attrr +±,n":~ldrarfha :it~i'fi:talhl+,l t` i+t'i'Ltin+nl>;J In .and.[urtl~ rs Inilitrnrfnr; lhntif i~'rt,iikr! ,S9 u~+tif iifd•t;it,jl~ t pr0+ tt lif fiCvMrk:6,CSA iu ' ? ~ 'e ~fa+at~' fit `d'ti'+ ri~ki [ ly,. 0 xcrr kc! t1. ~r 1,0 1~ ` dot t~+ a „ ! 'OtiQl frr tho.o'prroxI rlir t,h'" r>re trt►Ct~~i1' iR, )3J! t)tfb' th X156 660 khantfii,ihbit+ rrryvd~t~ (A c~bnttidr>9'M to~ ~ enure°bt!'.i,n ti~ttif~+itk1°st'trr xaMaht~i► ae~uten~nt=tl,+r~+ic~ke . the stum.ar 'thr~ Oprtw,WIf-hnt"'i-4 4A1 Cho' whblf'. borsuhs the curvollneor rt►tatioi,Rhip hctwoyn 1+r[r.l nltd bilE6 'the Tho es s`ctr"'t04'rt,hsy°J~h hdtriited ('A r~rkUt.4aiue range between''~19S,tH10 ahd ~1,6~,OOt1, , , nr +r~, r~ " ~ r~lr }.)IGi r ri f i. .1(• .h Apr. _ t F .t ~ t , t C , tea, a h a . ! ]r ~ !(yj R 4'T ,{t ~ . . S ~ ~ • ~ r~' ~ ~t .~'~~1~ ar'fC i~n+~y,IV kY~ tds~ > i'S.4 " 'n iy'.., ( 1. y+ 1 V., j i r F M}j CC 1 1' ~I' r. •'IS; P z 91 I J Y u a. .Ya ~a,~ , +r "~.{`ri'' It•`Y r: ,M1 o a.. b wY iry~ '„a, E r 'f 1 1 Sit v X f`.~ i Ay t t dl' ~ V r IsppF Mr •ri r fi .I tdrl r ♦'!i 3v. J: 1 v~ ra L r • 1{ a s A rX.'L f M ! + YF1f rU~ 19 r Y w to y ,a ~ ..r ~ r • d~ ~ ~ ~Ir1 ~ ~Irf f ,F lvr. r ` r t .lad a ti r I ,F E r.pa Y + h 1 t f S: r Kr. tart Jollbe 1 y •t t f 1 A V. k Y~ bi~►toa, ,1'c. TOW r F, ::r S"i M f • r t .n w t 1 ~ I v ~ , IY[.+~C , r 11' r a I r{Y J. '.•vr ~ ! I . ` 1 f t• i 'S 4 r p .I fl t t Ira " ~r+ tw .'fAeTe II~u~,'~~'~ w~+~,ili~itli~►1 arm-1s ~a=+ii t~0~a Y A l l ettrot Ot r A, Alit. ~a'! tatci" o~ lcr~+roai Y ~~h tAiretoi ~ddi~towlrf irtotfo~; s1#,'''tlNl rieia~t Ii 1 v dirs~~ pttoX of M ehnle"~r~hojflrt a,,. ' lot pM!' 1a1 } tiMi.^~~S;~Tt511t>i j$1 /1 flll`,A nr}y~ fif t be p Itf f b! bi► alt riw~ R of f 1 y aoul~d L±~i: W►oa~'t`e!t~ .Ml~lo!}!af,; , r,'. E~l~~Y I' S • be 1b it a (l iii ` I I iT ; y: T, ~ , , E~nE ✓r , l4~ina ,J io 4'; +r,oYl~',I>rl0'lt►,~' ~Y t C~~ , 1}~~~iidl;~~ ,r r , ".'~~w.r, r + .#$tiwtN':~~a ~ ' 4 d1►iliaLa' ►*ia~ i c *s to l1r R10441' of f ri' eft i't 1 r , a , ` roathe tii lby Mrr at#teilw}ti • t aed' iM: tai S- edt te,' i~ is~j1 l~iri~4k a ts~ul~: W 'a; t►lat3iNtit~iatl cdsct+. ►~¢A ! I .siKVi. i1e ti+rery4 , fill the a{I~seCt'tray. I > } D;~;i ~ ~ Ma~ctt>tii1~ sWwMf4~Mi. Y^ , t lr,j ..A: 0lootiy'i M 5 ~pQi 1 A 11 I Ij ' ,C l a J A ` t 1 t Y{. E 2.a r e 4( t.~ ~Y~ r J fY.~ "7. VV, r e A ` f. YY i.. „ l .yak' t'f'1,. 4.1 1 1 A i~ r: I.. rA r ! 1r r r r y<j 7, ti _ r y S r i j, J ate d;. Y t♦ v~ ivr \_~x f rf f ...hh -e Err ~.e .J 'rt, r(st-,v r4~1 w !r I r ♦ per. ~ ~ I ~n i M1r" Y t \ 1i j 'J•r Yr ~ b ~y A aE ` ~S}n ~i~Y rV r n. o T i a >t ~ 4 + I E 1t w M T}~ 4 ip ♦ d , ! { t ~ ',1 ~ i iy ; Y ; f ; ark 4 ♦ 1. " ~ i i.~. I ! r a V1 ~ - d 9 ,i n r '1, f 11 f Va 'l: yl yt~}'e+,♦/J' ~n1 ,1 ,fir I vfr L 1[.. '♦.>i IN YSr ♦Itv /1•r. 7 i i[ ~f +~+z M1E 'yam k -a Cr (Y s, 1.,, .P~j.i ,+t S Y dv,. t iTT ~i a Vj ~I 'a tr~ iY :S". 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Duyet by dead under coQaltidai vliefpbyi l (i) buyer and eeller at" ty~ie,~lly ao'livet~ f. f ' (2} Both p+►etile`t re veil' ieterved`or,w4Vl 4410 4 Aind_ tiih eeiind in what h6, C,0 4idees kle y,,R boat inter #11 i)) A rlanenrble ft~} ti' xlleved toe expLe+re i~1; ik~ ' i° opfnw+it~eli~ ti 'j d e diw1~1 pays#ht 1e 04 de` i e'aehf nr t P r 4 q i ' a r L' fry ~ " r t c f+ ,t ~i r ~ Y •yv ' •'~~('t) ''yinanc3nd, (!'':x~, `f~"ap't Ri~i~li~r ir+ai~lille k° ~in if►e'oea~ahi~ty iti~ ~ek~i °i`itd' ~i►i~~~ ty~tenl ~ , for thi prop rt~r ti►~,lai• lee4 l4) ' (bj . flie 'Oki- ~l►',iryM~ii'E'i~' era~'e. 11tai~. 43144! #~/off` ti•!#6 i4g too0 00, ,r er6d1tt iIle Orfed l traarA ` , r ` ly \a~"ti lr ,I r! y icI , 14 0 7 v iv r. t r~~ss fir. ti~ Xv y I Mr l '~q,f n~~ ~ ¢rcr ~ i ~ ~~`~v S ~v~ i{.ri7i ` ~..E/i.^}.~,.1 (xl l' -elegAW, r.. ^jr 1. 1 t.:., y, f r~.•. a , q(. a{, rr { j~♦ 1.4.x! tie v. 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