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HomeMy WebLinkAbout09-03-1985 NCO ,~~,p~,3,)9T5 AGENDA ele5 CITY OF DENTON CITY COUNCIL September 3, 1985 O Work Session of the City of Denton City Council on Tuesday, September 3, 1985, at 5:30 p.m. in the Civil Defense Room of thu Municipal building at which the following items will be considered: 5:30 P.M. 1. Fxecutive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. kegular Meeting of the City of Denton City Council on Tuesday, September 3, 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 August 6, 1985; the Special Called Meeting of August 13, 1985 the S gclal Called meeting of August 15, 1985; and the f egular ,Ieeting of August 20, 1985• 7,. Consent Agenda: Each of these items is recommended by the Staff and apptoval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes tho City Manager or his designee to implement each item in accordance with the Staff recommendations. A. Bids and Purchase Orders: Listed be Iow are bids, purchase orders, and personal service contracts to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 6.A, 6.B, 6.C, 6.D.) This listing is provided or the Ce)nsent Agenda to allow Council Members to discuss any item prior to approval of the ^rdinance. 1. Bid M 9460A- Skid steer loader 2. Bid 0 9490 - Chan link fencing 3. Bid 4 9491 - Brus.. chi, piling operation 0 4. Bid 1 51492 • Digger derrick ,City of Denton City Council Agenda September 3, 19AS Page Two S. Bid 0 9495 - CRT' s and cc.;,crollers 6. Bid i 006 - IBM disk drive 7, Bid / 9497 - IN mainframe upgrade 8. Bid M 9499 - Refuse containers 9. Sid 1 9500 - Erection of picnic shelter/Fred Moore Park 10. Rid # 9503 - Printing of Parks and Recreation brochures 11. Bid 0 9504 - N2 diesel for steam plant 12. Bid N 9505 - 3 1/2' bury fire hydrant 13. Bid 1 9506 - Precast manhole ' 14. Purchase Order 0 69369 to Alamo Transformer in the amount of $7,460.00 15. Purchase Order 0 69371 to Davis Truck and • Equipment Jn the amount of $5,064.40 16. Purchase Order N 69378 to Boyd Excavation in the amount of $29,617.80 17. Purchase Order 1 69S19 to Southern Engine Pump in the amount of $4,560.00 18. Purchase Order N 69659 to Cummins Supply in the amount of $11,636.00 19. Purchase Order i 69667 to Boyd Excavation in the amount of $21,125.50. 20. Purchase Order N 69666 to Boyd Excavation in the amount of $22,000.00 21. Purchase Order ~i 69803 to IBM in the amount of $6,765.00 B. Personal Service Contracts; 1. Consider approval of personal service contracts for Rhonda Gattis (tennis instructor), Michael Welsh (tennis instructor), Kay Locke (aerobics instructor), and Dean Prothro (pre-school instructor) C, Tax Refunds: 11 Consider ap!proval of a tax refund to E, G. dldsingame in the amount of $800.04 'City of Dnntor, City Council Agenda September 3, 1:85 Page Three • 2. Consider approval of a tax refund to Roger ; Ditzenberger in the amount of $678.31 3. Consider approval of a resolution in appreciation of G. Chris Hartung. 4. Consider approval of the use of Fred Moore Park on June 19, 20 and 1986 with fees waived and curfew extended until 12:00 midnight by the Lilly Garden Club for a Sesquicentennial Juneteenth celebration. S. Public Hearings: A. Hold a public hearing concerning the petition of the City of Denton for annexation of approximately 160 acres being part of the BBB 8 CRR Survey, Abstract 142, and located north of FM 11730 south of Barthald Road, west of 1-35N, and east of Masch Branch Road and the GCQSF Railroad (A-24). B. Hold a public hearing concerning the annexation petition of Aikman Development Corporation and the City of Denton for a tract of land approximately 117.5 acres in size lying In and being part of the B. . Merchant Survey, Abstract 0800, the C. Chacon Survey, Abstract 0298, and the S. Venter Survey, Abstract 013150 and beginning at the southwest corner of Fri 2181 and Hickory Creek Road (A-27). 6. Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefore; and providing for an effective date. B. Consider adoption of an ordinance accepting competitive bi.ls and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefore; and providing for an effective date$ C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases o: materials, equipment, supplies or services i, accordance with the provisions of state law exem ptirg such purchases from requirements of competitive bins; and providing for an effective date. • D. Consider adoption of an ordinance approving and ratifying certain independent contractors' agreements providing services for the Parks and Recreation Department for the -City of Denton, Texas; approving the expenditure of funds therefor; and declaring an effective date. • i ~ va rxgl ~p 1`a ~Z r t i$a ♦ Ia ~ lA 2 .d i t r p r " _ t ►City of Denton City Council Agenda ~ September 3, 1985 Page Four i i 6, Consider adoption of an ordinance and service plan instituting annexation proceedings for approximately 304.94 acres located north and south of N 426, east and west of Trinity Road, and south of Highway 380 East (A-23). F. Consider adoption of an ordinance approving the }petition of Randall Smith requesting a change in zoning from the agricultural (A) classification to the planned development (PD) classification on 200.Si acres located west of Teasley Lane and north of Hobson Lane. (Z-1'140 (The Planning and Zoning Commi3sion recommends approval.) G. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the City of Dallas and North Texas State University for limnological studies on Lake Ray Roberts; and approving the expenditure of funds therefore; and providing for an effective date. 7. Resolutions: A. Consider approval of a resolution approving the airport lease agreement between the City of Denton and Mr. Craig Tims and Mr. Jim Coursey. (The Airport Advisory Board recommends approval.) 8. Official Action on Executive Sessio,: items: A. Legal Matters 6. Real Estate C. Personnel D. Board Appointments 91 New Business: This item provides a section for Council Members to suggest items for future agendas. 10. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252.17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 1(g), Art 6252-17 V.A,T.3. D, Board Appointments Under Sec. 2(g)9 Art 6251-17 . V. A. T, S. di 1 ♦ t ea t .r d it k F EMERGENCY AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL September 3, 1985 1. Hold a public hearing on a proposal to increase total tax revenues. 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. 19050 t : • r .c°'M ,`it yN~ f. . 1 _ 1 'V",h n~.,. ~~Jrlx~~ a AGENDA a~ va CITY OF DENTON CITY COUNCIL September 3, 1985 Work Session of the City of Denton City Council on Tuesday, September 3, 1985, at 5:30 p.m, in the Civil Defense Room of the Municipal Building at which the following items will be considered: 5:30 p.m. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-1; V.A.T.S. C. Personnel Ur.ler Sec. 2(g), Art 6252.17 V, A, T. S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V. A. T. S. Regular Meeting of the City of Denton City Council on Tuesday, September 3, 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 August 6, 1985; the Special Called Meeting of August 13, 1985 the Special Called Meeting of August 15, 1985; and the regular ,eeting of August 20, 1985. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thoreof 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, purchase orders, and peraonal service contracts to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 6.A, 6,B0 6-C, 6.D.) This listing is provided on the ~.onsent Agenda to ?llow Council Members to discuss any item prior to approval of the ordinance. 1. Bid 0 9460A- Skid steer loader 2. Bid N 9490 - Chain link fencing 3. Bid Y 9491 - Brush chipping operation 4, Bid 1 9492 - Digger derrick L City of Denton City Council Agenda September 3, 1985 Page Two S. Bid N 9495 - CRT's and controllers 6. Bid 1 9496 - IBM disk drive 7. Bid 1 9497 - IBM mainframe upgrade 8. Bid N 9499 - Refuse containers 9. bid 1 9500 - Erection of picnic shelter/Fred Moore Park 10. Bid 1 9503 - Printing of Parks and Recreation brochures 11. Bid N 9504 - 12 diesel for steam plant 12. Bid 1 9505 - 3 112' bury fire hydrant 13. Bid 1 9506 - Precast manhole 14. Purchase Order 1 69369 to Alamo Transformer in the amount of $7,460.00 1S. Purchase order 1 69371 to Davis Truck and Equipment in the amount of $5,064.40 16. Purchase Order N 69378 to Boyd Excavation in the amount of $29,617.80 17. Purchase Order 1 69519 to Southern Engine Pump in the amount of $4,560.00 18. Purchase Order 1 69659 to Cummins Supply in the amount of $11,636.00 19. Purchase Order 1 69667 to Boyd Excavation in the amount of $21,125.50. 20. Purchase Order 1 69668 to Boyd Excavation in the amount of $22,000.00 11. Purchase Order 1 69803 to IBM in the amount of $6,765.00 B. Personal Service Contracts: 1. Consider approval of personal service contracts for Rhonda Gattis (tennis instructor), Michacl Welsh (tennis instructor), Kay Locke (aerobics instructor), and Dean Prothro (pre-school • instructor) C. 'fax Refunds: 1. Consider appproval of a tax refund to E. G. Blasingame in the amount of $800,04 r t r 1 ~i- . < City of Denton City Council Agenda September 3, 1985 Page Three . 2. Consider approval of a tax refund to Roger Ditrenberger in the amoun'. of $678.31 3. Consider approval of a resolution in appreciation of G. Chris Hartung, 4. Cop%ider approval of the use of Fred Moore Park on June 19, 20 and 21, 1986 with fees waived and curfew extended until 12:00 midnight by the Lilly Garden Club for a Sesquiceatennial Juneteenth celebration. 51 Public Hearings: A. Hold a public rearing concerning the petition of the city of Denton for annexation of approximately 160 acres being part of the BBB 4 CRR Survey, Abstract 142, and located north of FM 1173, south of Barthold Road, west of 1-35N, and east of Masch Branch Road and the GCSSF Railroad (A-24). B. Hold a public hearing concerning the annexation petition of Aikman Development Corporation and the City of Denton for a tract of land approximately 117.5 acres in size lying in and being part of the B. . Merchant Survey, Abstract #800, the C. Chacon Survey, Abstract 0298, anJ the S. Venter Survey, Abstract 01315, and beginning at the southwest corner of FM 2181 and Hickory Creek Road (A-27). 6. Ordinances: A. Consider adoption of an ordinance accepting competitive bide and providing for the award of contracts for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefore; and providing for an effective date. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefore; and providing for an effective date. C. Consider adoption of an ordinance 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. D. Consider adoption of an ordinance approving and ratifying certain independent contractors' agreements providing services for the Parks and Recreation Department for the City of Denton. Texas; approving the expenditure of funds therefor,, and declaring an effective date. .kCit- of Denton City Council Agenda September 3, 1985 Page Four . E. Consider adoption of an ordinance and service plan instituting annexation proceedings for approximately 304,94 acres located north and south of FM 4266 east and west of Trinity Road, and south of Highway 380 East (A-23). F. Consider adoption of an ordirance approving the petition of Randall Smith requesting a change in zoning from the agricultural (A) classification to the planned development (PD) classification on 200.S1 acres located west of Teasley Lane and north of Hobson Lane. (Z-1746) (The Planning and Zoning Commission recommends approval.) G. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the City of Dallas and North Texas State University for limnological studies on Lake Ray Roberts; and approving the expenditure of funds therefore; and providing for an effective date. 7. Resolutions: A. Consider approval of a resolution approving the airport lease agreement between the City of Denton and Mr. Craig Tims and Mr. Jim Coursey. (The Airport Advisory Board recommends approval.) 8. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 9. New Business: This iteio provides a section for Council Members to suggest items for future agendas. 10. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under See. 2(g), Art 6252.17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252.17 • V.A.T.S. .r ( r*-1_~ --7 ii tip.. i } . y. M l C E It 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 Ball of the City of Denton, Texas, on the day of d5 at o'clock (a. m.) p. m.) , v 'le CITY SECRETARY 19000 t.,>.. ' r ~.y '.i .44" ~'4•'a4;F rw. AGENDA ADDENDUM CITY OF MINTON CITY COU14CIL September 3, 1985 1. Consider establishing an ad hoc committee for a mid-decade assessment of the goals identified in the Denton 80's study. C E R T I N I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City hall if the City of Penton, Texas, on the day of y am, 1985 at zj:4 o'clock (a. m.) M. •.0 1 i i 1904C AGENDA LPL. , CITY OF DENTON CITY COUNCIL September 30 1985 Work Session of the City of Denton City Council on Tuesday, September 3, 1985, at 5:30 p.m. in the Civil Defense Room of the Municipal Building at which the following :terns will be considered: 5:30 P.M. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V. A. T. S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6ZS2-17 V.A.T.S. D. Board Appof.ntments Under Sec. 2(g), Art 62S2-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, September 3, 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. Z. Consider approval of the minutes of the Regular Meeting of August 6, 1985; the Special Called Meeting of August 13, 1985, the Special Called Meeting of August 15, 1985; and the kagular Meeting of August 209 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, purchase orders, and personal service contracts to be approved for payment under the Ordinance section of the agenda. Derailed back-up information is attached to the ordinances (Agenda items 6.A, 6.8, 6.C, 6.D.) This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. 1. Bid # 9460A- Skid steer loader 2. Bid 0 9490 - Chain link fencing 3. Bid 1 9491 - Brush chipping operation 4, Sid f 9492 - Digger derrick City of Denton City Council Agenda September 3, 1985 Page Two S. Bid i 9495 - CRT's and controllers 6. Bid 1 9496 - IBM disk drive 7. Bid ! 9497 - IBM mainframe upgrade 8. Bid 1 9499 - Refuse containers 9. Bid 19S00 Erection of picnic shelter/Fred Moore Park 10. Bid 4 9503 - Printing of Parks and Recreation brochures 11. Bid 19S04 - #2 diesel for steam plan: 12.. Bid 0 9505 - 3 1/2' bury fire hydrant 13. Bid 19506 - Precast manhole 14. Purchase Order f 69369 to Alamo Transformer in the amount of $7,460.00 15. Purchase: Order 1 69371 to Davis Truck and . Equipment in the amount of $5,064.40 16. Purchase: Order N 69378 to Boyd Excavation in the amount of $29,617.80 17. Purchase Order 0 6951,9 to Southern Engine Pump in the amount of $4,560.00 18. Purchase Order 0 69659 to Cummins Supply in the amount of $11,636.00 19. Purchase Order w 69667 to Boyd Excavation in the amount of $21,125.50. 20. Purchase Order M 69668 to Boyd Excavation in the amount of $22,000.00 21. Purchase Order 1 69803 to I8M in the amount of $6,765.00 B. Personal Service Contracts: 1. Consider approval of personal service contracts for Rhonda Gattis (tennis instructor), Michael Welsh (tennis instructor), Kay Locke (aerobics instructor), and Dean Prothro (pre-school • instructor) C, Tax Refunds: 11 Consider appproval of a tax refund to E, G. Blasingame in the amount of $800.04 City of Denton City Council Agenda September 3, 1985 Page Three 1. Consider approval of a tax refund to Roger Ditzenberger in the amount of $678.31 3. Consider approval of a resolution in appreciation of G. Chris Hartung. 4. Consider approval of the use of Fred Moore Pa-k on June 19, 20 and 21, 1986 with fees waived and curfew extended until 12:00 midnight by the Lilly Garden Club for a Sesquicentennial Juneteenth celebration. S. Public Hearings: A. Hold a public hearing concerning the petition of the City of Denton for annexation of approximately 160 acres being part of the BBB & CRR Survey, Abstract 142, and located north of FM 1173, south of Barthold Road, west of 1-3SN, and east of Masch Branch Road and the GC&SF Railroad (A-24). B. Hold a public hearing concerning the annexation petition of Aikman Development Corporation and the City of Denton for a tract of land approximately 117.S acres in size lying in and being part of the B. Merchant Survey, Abstract 0800, the C. Chacon survey, Abstract 1298, and the S. Venter Survey, Abstract 01315, and beginning at the southwest corner of Fd 2181 and Hickory Creek Road (A-27). 6. Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of cont--cts for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefore; and providing fir an effective date. B. Consider adoption of an ordinance accepting competitive btds and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefore; and providing for an effective date. C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or servicee. in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing for an effective date. i D, Consider adoption of an ordinance approving and ratifying certain independent contractors' agreements providing services for the Parks and Recreation Department for the City of Denton, Texas; approving the expenditure of funds therefor; and declaring an effective date. 7 r r~ 'Ax "T'~~" City of Denton City Council Agenda September 3, 198S Page Pour S E. Consider adoption of an ordinance and service plan instituting annexation proceedings for approximately 304.94 acres located north and south of FM 426, east and west of Trinity Road, and south of Highway 380 East (A-23). F. Consider adoption of an ordinance approving the petition of Randall Smith requesting a change in zoning from the agricultural (A) classification to the planned development (PD) classification on 200.51 acres located west of Teasley Lane and north of Hobson Lane. (Z-1746) (The Planning and Zoning Commission recommends approval.) G. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the City of Dallas and North Texas State University for limnological studies on Lake Ray Roberts; and approving the expenditure of funds therefore; and providing for an effective date. 7. Resolutions: A. Consider approval of a resolution approving the • airport lease agreement between the City of Denton and Mr. Craig Tims and Mr. Jim Coursey. (The Airport Advisory Board recommends approval.) 8. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D, Board Appointments 9. New Business: This item provides a section for Council Members to suggest items for future agendas. 10. Executive Session: A. Lego,1 Matters Under Sec, 2(e), Art. t251-17 V.A.T.S. B. Real Estate Under Sec, 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec, 2(g), Art 62S2-17 V.A.T.S. U. Board Appointments Under Sec. 2(g), Art 6252.17 • V. A. T. S. AGENDA ADDEND04 • CITI.' OF DENTON CITY COUNCIL September 3, 1985 1. Consider establishing an ad hoc committee for a mid-decade assessment of the goals identified in the Denton 80's study. 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 Ha',1 of the City of Denton, Texas, on the day of 1985 at o'clock (a.m.) p. m. 19040 c City Council minutes August 6, 19th NO :ouncil convened into the WocK Session at 5:30 p,m, in the C1Vi1 Ddfanse Room of the +iunlcipal adllding. • PRESENT: Adyoc Stedart: AdiOC Pro faro HupKLnd: Council AdmOers Cnew, McAdams, Aiddlespa[ger and Stapnens AaseNr: Council Memoer Alford was out on ousineda 1. me Council convened into the Execu.ive Session to discuss ldgal matteca, real estate, persunnal, and ouacd appointments. No official action dda taKen. rile Council tnen convened into the A+yular rleetiny at 7:00 p.m. in the Council Cnarnoers. PRESENT: wor stdwaee: Mayor Pro rem MopKina: Council Memuers Alford, Cnew,,MCAdama, Riddlasperger and Stepnend AdSENr: Nond Tile Council considerad approval of the Minutes of the Regular fleeting of July 2, 1985 and the ctegular Meeting of Jolt 16, 1985. Riddleaperger motion, Stepnens second to approve tae Minutes ns pcdsenteo. Motion carried unanimously, rile Council moved itam 1 forward in the agenda order, J. me Council considered approval of a resolution of appreciation of Mr. Jonn AAAwall, rns following resolution das praaenteu: A E S u L U T 1 0 d WdUEAS, on lay 4, 1985, the r:ity of Jentun lost one of its most valudu amployeds Jae w the antimely demise of Jonn J. ,laxwell: and ddEREAS, Jonn J, Maxddll served the City of Denton witn ddifless adaication and clydlais ddvotlun to nis dutida fur ddventeen years after reciting from the Jnitdd states Air force witn the canK Of Lieutenant Colonel: dnd 4HUEAS, as the Clty's Civil Jefdnsa Jirddtor ana later the 8mergeney Management Coordinator, AidK Manager, and Safac/ Jireetor, Jonn ,4axwall pre7aeed and adVisad not only the City of Denton, Out Also pruvided tcAlnfng for personnel groin ocnec Cities di well in awacgency planning Aod procedures, developed county plans for emdrjenzy iedicai facilities, .ram instrumental in tile for.-ration of s county-wide amoolance 8arvlce and developed a aim raJio networK tnit today remains and of the neat iii the State of rexaa: and ddEdEAS, in addition to nis duties all Emeegenc/ Aanagemant Coordinator, Jonn Maxwell was instrumental in developing and supetYlAlny the QltF's insurance and riaK .aandynment program, instituting do Acclaent rooted ooird, aitety peogrs,nd, ddfdnaive driving eourded ana ,nanaled ski the raaio and taldcommunicattons systems far tna nun►cipai operations of the City, and wdEAEAS, Jonn Aaxwell'i interest in the fyela df emill tI'd rldy management leu nix to provtce the i,opatla for cne edtaolidnment of cauraa darn and a deyrae plin in enerjency aurintscrdtton and pisnninq it ;toctn ragas stets Jnivorsity, wnera an andowea senularsnip nsa oeen :reat-to in nis aonor: and ,a f 1Yf Y! City of utnton city council Ainu Meeting of August s, i985 page Two iideAeASI Junn J, Maxwtli seCVed his community doova and oeyond the • more efficient diacnarge of 41s duties in aafaty an,) aeifara of the cititena of Denton and earned tna full Cespect and admiration o associates: f nle colleagues and NOM, 'reeKEFORCI dk It RdsOLVEJ Ji 'UAAS: CAP CUJ1iC:L OV CaE C:CY OF JE;:PON, tndt the grateful appreciation felt oy cne citiztrs, ainpluyees and officers of tae City of Denton for ens ierv:Cds du aelciessly and unstintingly randered oy Junn Maxwell causes tnia Reaolutiun to De formally transcriotu into the official minutes of tae City of Denton, Cexas and Uedicated to the rememorance of 'Donn G. Maxwell', PASSED AND APPAIJU D tale the 6tn day of August, :965. KICiiA D s ART, CITY OF DENTON, tWS Af'W: CdARLOfC& ALLEN, CICY SECA6TAAi Clet of odNTON, CERAS A00ROVED AS TO LEGAL FOK.4: DeJA ADAM DKA V M, CITY AerOUrf c1CY OF JEN90N, r9AAS Unanimous .notion, unanimous mdcuno to dpprove cne resolution. On roll call vote, McAdams 'aye,' dopxins 'aye,' stepntis 'aye,' Alford 'dyer' xLdoiespecger 'aye,' Cneu 'aye,' and Jayur iteojet lays.' Motion carried unanimously. Mrd. Junn Maxwell was present to edcdive cne resolution, No ddyor road and presented a proclamation for social Security seek. Tree Cacncii raturned to the regular agenda order. 2. Consent Aganda AeAuams motion, Alford second to agp.U~o the Consent Agenda as presented. Notion carried unanimously. Consent Agenda: A. aids, PUfCn3se Orders, and Cnange Orders: 1, aid 194d3 - Refuse gags 2. Bid i 3445 - Cathodic protective system 3. Purcnase order 1 6113U to Airtin Equipment in t,ta dinjint of S40000.JU 4. Purcnase Jrdar 1 69JU~ to dennin);;on, J~, ns:a in<j Ki~:ndrudun in too i.w4nt 5t fli,Uuu.uU J1. Purcnase Order ! o3335 to auyd Excivati.,rn in the d:6uunt or 14t,L2u.UU i b. Cnange Order it to contract a to Atlas englnearing, Inc. in cne amount of 59:1,dU (did a 9354). Ike PJOILe Utllltits Boaru recommends approval.) J Citf of Denton Cit)/ CuanciI Minuted Adeting of August 60 1987 Paye Three 7. Cndnye order IL to contract dicn DicKdraon Construction Compdny in tns amount of f2d,526,32 (did I i1ji), Itne PuolLC Utilities doard recommends approval.) a. Plata and Rapldts: i. Approval or preilminacy replat of JrigLnal Town O! ABntGn Addition, Lot iit, dlOCK la, I NO Planning dnd tuning COminIsS10n Cecommends approval.) d. Approval of pCeliminary plat of Riuwa rrail estates Addition, Lots 1-60 STOCK 1. Me Planning and Loning COmmLSsion recommends approval.) 1. Approval of p[eliminary plat of 0,,x Ridge Acres Addition. {rnd Planning and Luninq Con.nission recuanmends approval,) C. Tax Refund: L. Consider apprOVal of a tax refund to Mr. Rolland S. Idtsert in the amount of $10219.ii 4, Tne Council con+siddr,ld approval of a rdyuest oy the digs .voon Lions Cluo to nano a tanner across Carroll aoulevard And/or dell Avenue for an Antigua A.ieo Snow doptdmoer 2dtn and 29th at the Nortn rdxad FaLrgrounds. Ar. Ji,n doolvdreon, Prasidenc )i cne dign Aoon Lions Cluo, aadrdssdd the Council ana stdtea tnat the ciao nad oxen nolding an autonoolle • ar4uw and adap t -r cnd last tour /ears. Tile clue was now requesting co Oispld; cne aAmd type oanner di used of the annual spring Fling. ine odnndr woulu ue used for jiproximacely Ld uays ,:needing the snow in late Septemoer. Council murnoer Cnew atdted that the Lions Cluo nad dune d very goo(3 2uo in raising finds for :rippled LnilOCen. %:01d motion, dupKins second t,) approve the request to nang s oanner across Carroll aoulevarc ano )r sell Avenue for the AntL;ue Auto Sr)w at tn•e Aorta raxas taLr;Cv4nad. Action Carciad inanimoisli. S. Tne ,iayor and :Ounc-L cn, gave acknowledgment to tilt rdcipientd ut deautiticatLon Ada id on Oandlf or tn@ Jenton daauttcicattor Committee. Srev 3CLaK,ddn, Jirectur 'f ParKd ono Aecrdation, rvpicted :;tat it oaf a oleasirs to present these awards to :ii* CealpLentd, ;.Ili 40 id La in on-;uiny pruyrd;n tnn Ajr i ru Octocer darn /rdrl nc dvdr, tnls was the first time t;,; swdraa ado peen given. Tner4 4010 Ili tfdrent categcries of awdros lncioJing Craldeneds and c1,6,nerclAl entiti@d. fne f L r d t dwdrJd Wdre presenceo to: 1. Denton 14deratiln of d')w 'd ;:luo! l;rdndy'S dt ti1B .adll 1, texid do~narotd Jnlveralty t,,, Lnipdctwo )LviiLun ur t;, ~:Lty -)t Jent;n J. i4t ro,m IACPOOI 7. rraa 0attetion 7. ACs. Mary (IcKnigat • d. Ir, ,i C.iniey Ld leldcd City of Denton City Council Ainutea Meeting of August o, 1485 Page Pour b. Puolic deacings A. me Council nela a puDtlc nearing on the propposed assignment of tna caole CV francnise to Sammons Communications, Inc. rnu mayor opened the puolic nearing. +1c. Bill Strange, Vice-President of Sammons, spoke in favor statinq cr,at nta corporation nad entered into a contract witn Con Caole and Ar. Appleton to purchase the Denton francnise. Sammons Communications, lnC., 1lKad Denton and was anxious to serve the community, Sammons was not as large as Cox Cooler out was the 12th idrgest in tfie United States and was a private company. Council .lemoer Stephens stated tadt the C4010 TV Advisory Board nad recommended approval, Wnen the original franchise was oegun, the Council nad in mind a forum for local pcoycamming. de than asxed if .no attitude of Sammons Communications was to continua this programming. dr. Strange r9dpondod tnat na aid not anticipate any cnanges at tnis timer norever, if a need were to atlas, the company would readsass. cvincli Aemoer Stepnens tnen statd, tnat no would liKe to nave tae local programming expanded, if possiute. Mr. Strange replied tnat puolic service programming would De provided. Council Aemoer McAdams stated tnat Cox Caole nad done an outstanding loo. Council neatings and candidate forums nad oeen filmed for the League of rfomen Voters oy Cox Caole in ,.,nd past, • ilayur Pro Turn dor4ina stated tnat the Council nad oeen vary satisfied with the caols service wnicn nad oeen provided ny Cox Caole and would 1iKa to maintain that standard or mdKe it setter. Mr. Stcdnye stated tnat nis company would ,maKe a commitment to os as good as posstole. Any nistaKes would ue qulcKly resolved. Mr. Aoy Appleton, Vice-President of Denton Puollsnlnq Company, spoKtr in favor stating tnat wnen Cox Caote nad approacned nis firm wit,.1 a lesice to sell the system, Denton Puolisninq nad asxed Cox to locate a sultaole ouyer. Tne system nad Coen in Denton for a wnila and would ce nece for a long time, Knil• Sammons was not the nignest oiddec, it was the choice of Denton Tuolisning. Mr. 300 Raller, raprssenting Cox Cdole, apoKe in favor stating that wnen it nad become xnuwn in the industry tnat tnia particular francnise waa for Sala, it nad generated a lot of interest. Cox Caole felt tiac sdm,nons CoiamunicAt ions was the cost of the nest. No one spuxe in opposition. ras Mayor closed the p.,011C nearing, Alford motion, Cnew aacond to approve the assignment of the eaole television francniae to Sammons Co,munications, Inc, notion carried unanimously, a, me councii raid d puolic nearing on the petition of the City of Denton for annexation of approximately 115 aired of land oeing pact it the J, Weai Sutvey, Abstract 17710 and oeginning approximately 5,000 feet noon of O.S, dignway 1d0 Eddt, and west Of AOCKniil Road {A-!t}, . Tne Mayor opened the puolic nearing. City of Denton City Council Minutes :!sating of August 6, 1965 page Five • David tllison, Senior Plannac, epOKe in favor stating that tnis was, the second puolic nearing on tnis annexation. Two reply forms mad oeen mailed witn none returned. All of the property in this parcel was owned cy the City of Gallas. Us next action would oa on August 0 to institute annexation proceedings witn [anal action on Septamoec 24. CJUncli xamaer xlddieaparger Asked now far tnis parcel Was from the proposed aam site at LaKa Aay Rooerts. Ellison responded approximately five ides. No one spoKO in opposition. Tne Mayor closed the puolic nearing. HOPKins motion, McAdams second to Proceed wltn the annrzatian. Motion carried unanimously. C. Tne Council neld a puolic nearing on the petition of Fields, Edwacds 6 Associates representing Miller of Texas for voluntary annexation of approximately JJ4J 4 acres of land located north and south of FM 426, east and west Of Trinity Road, and soutn of J,i, dlgnway 380 East (A-13). ,the mayor opened the puolic nearing, .)avid Allison, Senior Planner, sports in tavoc repocting tnat tnts was a totally voluntary annexation. Tnere were no structures of sxiating cesicences on the property. me tract consisted of five Japacate parcels. The purpose of the annexation was to provide foe future zoning requests and development. Tne paccei was located close to vacation Viltage out not close enough to allow fun the annexation Jf tflat property at tnis time. As tnis petition was voluntary, the acreage would not reduce the amount of land wnlcri the city could annix tnis years Tnere were 3 reply forxa mailed altn 0 returned. A pion of services for newly annexed arNas was ivallavit !or review at the entrance to the Council Lnamoacs, NO one spoKe in opposition. .ae Adyor closea the puolic nearing. Stepnens motion, Cnsw second to proceed witn to+, annexation. Motion carried unanimously, 0. rna Council neld a puaiie nearing on the petition of iuion Gregg requesting a change in zoning crom tie dgricultural CAI classification to me planned JaviLopment (PD) a►dtrict in a 63.1 dccs tract iocatea eit the suutneast zornec of ?A 1515 (Airport Acid) and Jndecwouu Roads If appeovedo the ptannad development will I)er}nit lignt industrial land use, L-1151 Pia ndyoc upened the puolic nearing. Ar, Guiun Gregg, the applicant, spigo in favor stating tnat ns mad first dpproacned staff toc straignt lignt industrial zoning. S%je f nad recommended planned davelop.nent witn conditions. de lid not oppose tnis recommendations No One epJKe in opposition, Tne Mayor :losed the puolic nearing. Denise Spivey, Jroan ,Tannic, reported tnAt 5 reply forms ,tad oeen mailed witn 1 returned in favor And U ►n opposition. rte Denton Development Guide aesignated tnia 3m a nigh in.ensity aces ans. primarily industrial land use, rnd tract was locAtad close to Peesroilti recrApaK and the Jenton Muni.`►pil Airport !.hd was in 7 -7777 City of Denton City Council .41n~;ss Meeting of August it 1986 Page Six ideal site for llgnt Industrial uses, Staff cad recommenced planned • development zoning so as to control land use and ouilding heignt limitations due to tnh close proximity to the airport. No one spore in opposition. Ind Mayor closed the puolic hearing. McAdams motion, dopkins second to approve the petition. Notion carried unanimously. E. Cna Council nerd a puolic nearing on the petition of Wayne Allen Construction Company, Inc., requesting a change in zoning from the agricultural (A) to .no ilgnt industrial (LI) classift- cation. Ins property is located at r ,outhwest cornet of J.S. dignway 380 and Match drancn Road and proximately 1.59 acres in size. me property is part or the S. a. Huizar Survey, Aostract i14. If the change in zoning is approved, the property may ne utilized for any land use permitted in tna light industrial (61) district D/ the City of Denton Zoning Ordinance. E-052 The Mayor opened the puolic nearing. As. Snerla White, office manigar for Wayne Allen Construction Company, inc., spoke in favor s,.Ating that the site was located in an area where commercial uses wtce existing. too one spoke in opposition. Tne Mayor Cluded the puolic nearing. Cecile Carson, Uroan Planner, reported that the property was a small tract in a moderate intensity area with ,nixed land uses. rwo areas of concern for the staff were the extension of water lines and the property was located in the flood plain. Six reply forms had oEen mailed with one returned in favor and none returned in opposition. 1. Ins Council constdereu adoption of sn ordinance approving a cnange in zoning on a 1.59 acre tract located at the southwest corner of J.Ss Highway 3dO and Mascn arancn Road. me following ordinance was presented: NO, d5-146 AN ORDNANCE AM«NDINU CHE ZONIAJ AAP OF rde CICY OF JENCONo rdAASs AS SUE olAS AJOPCED AS AN APPENDIX TO rde CODs UP ORL)INANCES OF CHI X111 OP JENCUd, CEXASo dY ORDINANCE NO. 61-11 ANJ AS SAIL) MAP APPL16S CU APPROX(AA ULY 1.59 AJRd9 OF LAND SITUACED IN rdl S. A. dUIZAA SUAV~Y, AdS:RACC 614, JdNCON C0U4T(j TEXAS AND LWAtiO Ar rde SOJCd4e3r CORdtd of J. S. dlGH4AY ]60 AND AASCd dRAdCA ROAL)s CO 0AUVIDE FUR A CHANGE IN ZOiIIdu CLASSIFICACION AND USE DESIJNATION FROM AO`tCUL'fViAAL 'A' UIS'M C'C CLASSIFICACION AND JSe TO L:jir INOJSrAlAL 'LI' CLASSIFICAriOrl AND USE FOR SAID PROPERCY; PROVIDING FOR A MAXIMUM PENALTY OF slo000.00 eoR VIOLA MA CAEA101i FROVIDINO FOR A de;'V9AAdILICf CLAUSel AND JECLARINO AN EFFECTIVE DACE. Stephens motion, Cnew second to adopt the ordinance. On roll call vote, AcAda,nd "ayes" r(OpkinA "aye, Stephens 'dyes' Alford "ayao' Rlddlespergec 'alto" Chew 'aye," and 4ayoc Stewart 'are.' lotion Carded unanimously. 1. Celt COUhdi1 held a Puolte nearing on the petition of Hammett i Nasns Inc., representing Lodge Constructions rayuedtin4 a cnange in tuning from cne ag:!cultural (A) to the single family (SF-16) classification. The property is located south of FJrrestridge Additions OnA34 lip and nortn of Ayan Road and is ~r f City of Dantun City Council Minutes Meeting o! August 6, 1995 Page seven aPproxiswtsly 2349 aerea in size. Ins property is snown in the A. Gibson Survey, Aostcact 494. !f the zoning change is approv4d, the property may of utilized for any land use permitted in the single fanily (SF-16) district oy the City of Denton Zoning Ordinance. Z-175! The mayor opened tno PuoliC hearing. No one spoke in favor. No one SPOKe in opposition. Ina Mayor closed the puolic nearing, Cecile Carson, Uroan Planner, eeported that tnis was the Phase III extension vt the Forrestridge Addition. :ne petition was compitiole with land uses to the nortn and east,. Concerns that staff nad due to drainage -would oe addressed durtnq platting A proposal nad recently coon received for Phase IV of the addition. There wets 4 reply forms mailed wltn 0 returned. 1. Tne Council considered adoption of an ordinance approving A change in wining on a 23.09 acre tract located aoutn of Farrestridge Addition, Phase Ii, and noctn of Ryan Road. Ins following ordinance was presenteds NO, d5-147 AN UNOt.4ANCE AMENDINU THE 20NtNG MAP OF THE CITY Of DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE Of ORJINANCES OF THE CITY OF JENTON, rEXAS, BY ORDINANCE 69-1i AND AS SAID MAP APPLIES TO APPA0XIAATELY 23.09 ACRES VF LAND SITUATED IN THE A. GISSON SJRVEY, ABSTRACT 4980 DEN-0a • COUNTY, 'I'SAAS, AND LOCATED SOUTd or OCRRESTRIDGE ADDIrIUN, PHASE II, AND NORTH OF ,CYAN ROAD; TO PROVIDE FUR A CHANGE IN d04I60 CLASSIFICATION AND USE DESEGNArION FROM AJdiCULrURAL 'A' DIsrh Cr CLASSIFICATION AND USE TO SINGLS FAMILY 'SF-16' CLASSIFICATION AND USE ?OR SAID PROPERTY; PAOVIOINU fUH A AAAtMUM PENALTY OF 31,0DO.UO FDA 110LATIJNS TdEHEOFi PROVIDING FOR A SEVEPABILtTY CLAUSE; AND JECLARINJ AN EfetCrIVE DATE. Hopxins notion, MCA-Jams second to adopt the ordinance. Council Mamaec Stephens asrteu wny Phase .11 and IV could not nave coon patlttondd at the Jame time. Cordon raspohded that tnis was a 23-acre tract Jnien was residential, Phase iV would encn,npaas approximately LUU acres ditn mixed land uses. On toil call vote, McAdams 'aye,' HopKlns 'aye,' stepnena 'aje,' Alford 'aye,' Hiddlesparger 'ays,' Cnew 'aye,' and Mayor Stewart aye. Motion carried unanimously, 7. Ordinances A. me Council considered adoption of an ordinance accepting competic4va aids and providing for the award of contracts for the puccnasa of materials, equlpment, Supplies or services; providing for the expenditure oe funds tnerofor; and providing fur an effective late. m e following ordinance was orasdnteds NO. di-144 AN 0A0t,1ANC9 ACCEPrINJ CUMPerITtVB 6I0S AND A'WARD14 A CJNer(Aer foo THE PUHCHASe Of .MATEAIA6Si EJJIPMLNT, SJPPLIES JA SdRVICdS; 0suviolAQ FOA rat EX?ENOtfURS if FUNDS TAiAZfUitt AND PROVIDINO FOR AN 91feCfIVE JAI'S. City of Denton City Council Minutes Meeting of Auqust 6, 1945 Pale Eignt Cnew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams 'ay.,' dopKins 'aye,' Stepnens 'aye,' Alford 'aye,' • Aiddlespecger 'aye,' Cnew bays,' and Mayor Stewart 'aye.' Motion carried unanimously. d. me council considered adoption of an ordinance accepting competitive olds and providing for the award of contracts for puolie worKs or improvements; providing for the expenditure of funds tnecefoci and providing for an effective date. Cna following ordinance was presenteds NU. d5-141 AN ORDINANCE ACCEPCINU COMPECtrlVC BIDS AND PROVIDING FOA CNE AWARD OF CONCRACTS FOA PUBLIC 4OAXS OR IMPAOVE.M1NfS; PAJVIOING FUR fel9 9A0etI0IrUAE OP FUNDS THEAEFOAs AND PROVIDING FOR AN IFFECrIVE DATE. Cnew motion, HopKins second to adopt tnd ordinance. On fall call vote, McAdams 'aye,' HopKins 'aye,' Stepnens 'aye,' AifocJ 'aye,' Riddlesperger 'aye,' Cnew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. C. Tne Counoil considered adoption of an ordinance providing fur the expenditure of funds for emergency purcnasis of materials, equipment, supplies or services in accordance wi:n the provisions of state law exempting such purcnases from cequiremdr.tsl of competitive oldas and providing for an offective date. Tne following ordinance wee presenteds NO. 85-150 . AN ORDINANCE PRUVIOINJ FOR rde EXPENDITUAB OF FUNDS FOR EMtAJENCY PURCHASiS OF MA'TEAIALS, egUCPME4T, SUPPLIES OA SEAVICES IN ACCOAUANCE wlyd CHt PA VIS1043 OF STATE LA'd BxemPrINO SUCd PUACri{ SES FROM AEUUIREMENrS OP CON?ETIfIve dIDSS AND 0AUVIOING FOA AN WdCrIVE DACE. Cnew notion, MCA,'ams second to adopt the ordinance. On coil call vote, McAdams 'aye,' HopKins 'aye,' Stephens says,' Alford 'aye,' Riddlesperger 'aye,' Cnew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. J. Tne council cunsLosced dooption of an ordinance inu service plan annexiny a tract of land appcoxi.nateiy 361.706 acres in Jigs situated in the d. May Survey, Aoatrlet 6070 and the V. E. Gallor Survey, Aoslcact 432, and oeyinning west of Fri 2164 (Aortn Locust) approximately 7,UUJ feet iortn of dercules Lane A-i6 fna following ordinance was presrnteds NO, di-151 AN ORDINANCE ANNEXING A rAACT OF LAND CUNTIGJOUS AND ASJACENr TO Tde CITY JP DENTON, TEXAS; aEING ALL rHAr LO't, TRACT OR PAAC&L UP LAND CONSISrINJ UP ftPPRUXIAATEL'f !61,11 ACRES Of LAND LYING AND PS;NG SITUATED IN Cde COUNTY OF Deg rON, STATE OF TEXAS AND 891,40 PART OF CAS J. S. JAILOR JURVEt, ABVAAC'C 452 AND H. MAY SUAVEY, AasrRACE a07, 0E4TOd COJNff, CEXASs CLASSIPYINO THE SAME AS AJAICULiJRAL 'A' UIS'CAICT PRUPiAfIs AND UtCLAACNO AN 8PPECTtiE DATE. McAdams motion, Chew second to adopt the ordinancs. on roll call vote, MCAaams 'aye,' dopKinS 'ale,' atepnena 'aye,' Alford Riddlesperger 'dye,' Cnew 'ayti,' and ,4ayor Stewart 'aye,' lotion carried unanimously. City of Denton city council Minctes Meeting of August 6, ;985 Page Nine 4. me Council considered adoption of an ordinance approving the petition of R- J, :ic0onn1L1 requesting a change in zoning [rom the agricultural (A) classification to the planned development (00) district an a i9.4 acre tract located on the eoutn side of FM 416 (East Hcdtnnoy :treat) approximately 2,000 feet east of Hayniil Road 6-1725 The following eroinanee wad presdntsdt NO. 45.151 AN ORDINANCE AME.NDIN11 TdE WNINO MAP Of rag CITY Of DENCON, r9XAS, AS SAAB WAS ADOPreD AS AN APPENDIX 'r0 VE CODE OF URJINANCES UP bie CICY OF JENCON, TEXAS Bi ORDINANCE 69-11 AS AMENDED, AND AS SAID HAP APPLIES 'rO J9.478 ACRES UP LAND LOCACED ON PRE SOUTH 910E Of V. 14. 426 (EASC MCXINNSi SrREET), BEING APPROXIMATELY 2,000 Fdd'r EAST OF AAYHILL RUAD, AS IS MORE PARTICULARLY DESCRIOED HEREINi rO PROVIDE FOR A CHANQ1 itl ZONING CLASSIFICATION FROM AGRICULTURAL 'A• DISrAlC'r CLASSIFICATION AND USE 098IGNATrON TO PLANNED DEVELOPMENr 'PD' DISTRICT CLASSIFICATION AND USE DEStGNATIOSt PROVIDING FOR A PENALTY IN A ,AAXIMUM A,AOJNr QF $1,000.00 FOR VLOLAfIONS CHEREOPt A30 PROVIDINj FOR AN WiCTIV. OATS, Alford motion, HOPKins second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' notion carried unanimously. P. me Council considered adoption of an ordinance approving the petition of Hammett 6 Nasn, Inc., cequesting a cnange in toning from the agricultural (A) ciassificatr)n to the planned development (PD) district for light industrial (LI) .uses on a 50,1 acre tract located on the vast side of rlaynill Road 4,30Q feet north of Interstate J5 North Z-1727 rae following ordinance was presented: NO. d5-153 AN URDINANC9 AiAddOTNJ TEE ZONINU AAP OF rag CICY OF JiNrUN, rEXAS, AS SAME HAS ADOPTED AS AN APPENDIX rD rag CODE OF ORDENANCES OF fdE CICY OF DiNrON, r9XAS di ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO Sn.1576 ACRES OF LAND LOCArtJ ON TEE adSf 310E OF :4AYdILL ROAD 4,JOU FEET tORTH OF INTERS'rArE JS 6409.d, AS MORE PARTICULARLY jescAlaeo riddelst rO PROVIDE rUA A CdANGE 1.4 WN IAU Cr.ASSIPICACION FROM AUAICJLTJRAL 'A' D[SfRICr Ci,A4j,0f1CArION Atli) USE 06SI9NA1ION PO PLANuiu DEVELOPMQNC 'PD' JISTRICr CLASSIFICATION AND USE JESIQ,4Ar10Aj PROVIDI;lv 00.4 A PENALTY IN A ,AAAIMU,I A,400 N: OF S1,00J.00 dOR V.OLArIULIS Cd9AiUF: AND PROVIDING FOR AN iFFECCIVE JArE, Stephens ootlon, Chew second to adopt tnim ordinance. On roll tail vote, MCAd&os 'aye,' Hop%4ns Faye,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Cnew "ale,' ono Mayor Stewart 'aye.' Motion f carried unat)lmously. 3, m e Council considered adoption of An ordinance approving the petition of Tommy Corporation represented oy Fielde, ddwArdi t, Associates, Inc., requesting a cnange in toning from tae agricultural (A) classification to the planned development (PD) classification on 60.38 Acres located nortn and e3et of Edrards Road and mown in trio Jldeon dallier SufVey, Ao,itcact 1330. 3-1741 • rrne following ordinance raj presented: City of Denton City Council min,ites Meeting of August 6, 19d5 Page Ten NO. 65-111 AN ORDINANCE AMeNOING CHE ZONING MAP OF uE cm OF De.,4rON, %XAS, AS SAME BIAS ADOPr60 AS AN APPENDIX CO rdE COOS pf JADINANCES OF ue C1TY UP 09NTON, TEXAS dY ORDINANCE NO 61-1, AS AMENDED, AND AS SAID MAP APPLIES to 60.38 ACRIS OF LAND LOCATED NJRTH AND CASE Uf 104AROS ROAD, AND IS MORL PAATICJLARLY JESCA13tO 4ZAZ1N0 CO PA01/108 FOA A CHANGE IN ZONING CLASSIFICACION FROM AGAICULIUAAL 'A' DISTRICT CLASSIFICACION AND JSd OLSIJAAeION eU PLAN490 DEVdLOOMENI '?D' DISTRICT CLASSIFICAU UN AND USE DESIUNA:1031 PROVIOINJ FUR A MAXIMUM PdNALIY UP 11,UUD.DU FOR VIOLATIONS CdERdUft PROVIDINU FOR A SBVERASLLICY CLAUSE] AND PROVIDING FUR AN EffdC'TCVE DACE, Cnew motion, Stepnena second to adopt the ordindnai. On Col. Call vote, McAdams 'aye,' HOPKIns 'dye, Stapnens 'aye,' Alford 'aye,' Alydleopergec 'aye,' Cnew 'aye,' and ,layor Stewart 'aye.' Motion carried unanimously. d, Ins CJUncll considered adoption of an ordinance approving an agreement oetween tae City of Denton and 314CK s Veatcr for anyinearing services in regard to utility distrioution projects, and providing for an effective date, i Boo Nelson, Director of Utilities, reported that tnis item was a request for engineering SOCVLCee to Complete design woCK for A , distrioution system for the city. Tnis function normally would oe done of city staff] nowever, due to the workload, r,taff could not devote the tlma to cnis project. rnr a district distrioution lines nad oxen identified and BlacK and Veatch would design the system. fae following ordinance was preaenceds . NO. 85-1$1 AN UAD:NAACE APpROVINJ AN AURtEMENr 3Zt4EEN CHE Cru OF JBNrON AND BLACK • VEAICA FOR ENJINEERING SERVICiS, AND PROVIDINU FOA AN dFFECCIVd OAPs. HopKlns motion, Stephens second to adopt the ordinance. on roll Call votes MCAdama 'aye,' dOpKins "aye,' Stephens 'aye,' Alford layer' Aiddleapergec 'aye,' Cnew 'aye,' and Mayor Stewart 'aye.' Motion carried unani,nously. r. Eno Council considered adoption of An ordinance amending Appendik d-Zoning or t.v Code of ordinances of tae City of Denton, taxaa, to pronloit roaidential ouildings And jaea in all nonresidential zoning districts, except the central ousiness diatrlett amending the area regulations ipplicdole to zoning distrietat providing for a ,r axi,n,A,n penalty of S1,J0o.00 for Violations tnareoit providing for A aeveraoility 1:13usas and e providing for an affective date. I RICK Svenla, Assistant City lanageep reported tnat tnia oruinance nad oxen prepared due to a change in the effective date of the previous circulative toning ordinance wnlen was approved July 16. Deora Drayovitcn, City Attorney, reportea tnat staff was oringing tnia item rack to ensure tnat tnere would oe no glestirnia in the i future regarding enfocceaoility of the provisions of tae ordinance. Tne followiny ordinance was presented; I ,+o. 3y-556 . AN JAJrNAACE AMEaDINU APPCd01x d-6U,113i OF :Hd CJJd JF OADCNANCES UP CHE CM W Jr:.1r0, r2XAS, CJ PRUAlair RLSIDENIIAL d'JILJINJS AAD JS93 Id ALL .1114 9310i.tftAL ZQNlAo City of Denton City Council Minutes Meeting of August 6, 1995 Page Eleven JIS'rXICTS, EXCEPT rdd CENTRAL BUSINESS DISTRICTI AM1.1DI4G INS AREA REGULACIUNS APPLICABLE rO ZONING DISTRICTSi PROVIDING FOR A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATIONS rH9HZOF1 PROVIDIN,; FOR A S6VERABILIrY CLAUSEI AND PROVI01:10 FUR AM EFFeC'CIVE JAfE. C vctej new motion, ACAdams Second to adnt the ordinance. on toll call s HopKini *aye, S laAlford lao,l Riddle peryar "aye,' Cne 'a,*,, And Mayuc Stephens id.* Motion carried unanimously. J. The Cuuncll considered adoption of an ordinance autnociting an agreement with Harry Weisorod ARlo:iates, Inc., relating to consulting services regarding implementation of Fair Laoor Standards Act and declaring an effective date. Xatnryn Uscey, Director of Personnel, reported that on Feoruacy 19, 1965, municipalities came under the regulations of the Fair Laoor Standards Act, In order for tae City of Denton to oe in compliance witn the various provisions of this Act, staff was recommending hiring a consultant to „alp get the program startdd. In* consultant would oe working at the City for tncea to five dais, me City had until Octooec 25 to reprogram the computer, etc., to come into compliance. Council Memoac Stephens asked now many people would oe used at the $700 per day fee. Jsrey responded one. The following ocdinancd was presentedi NO. J$-i$7 . AN ORDI,IANCE AUTHORIZING AN AGAeE,ldNT WI'CN dARRY W81S8R00 ASSOCIArBS, INC „ RrrLAfL~G rU CONSULPINU SERVICdS REUA00I.9U I SPLdilSNTAIION OF FAIR LAdUA STANDARDS AC'f AND DZCLARING A:i etez ve: JArg. Cnew motion, McAdams second to aeopt the ordinance, On roll call vote, McAdams ~aye,~' Nopklns 'eye,' Stephens 'Aye,* Alford 'aye,' Riodlespecgec aye, Cnew aye, and Mayor Stewart 'ate.' motion carried unanimously, b. m e Council received a report on a proposed amenJment to ~eetion 0-4I (d) Uf the Code' of Ordinances cegarding garagekespers liaollity insurance. MICK Sver,la, Assistant Citt Aanageri reported that a Council lemder had requested Staff to review tnls pactlculdr section of the Code of Ordinances regarding liacklity. Staff felt that tnere would ue proolems witn the City adminiatecing the insurance and would rdcoms t tnat coverage oe provided oy garagekeepers. Deora Drayov.ten, City Attocney, ceported tnat this code nad oeen amended to pcovide foe geragdkeepe(e lia.lility insurance. Tne City nad rl.zeived claims oy individCals wnose autos had teen damaged In tow. Presently the City used a rotation list Cos wrecker JotViCes. If the City asndleo the insurance on an escrow accouat oasts, it would mean an extrdmaly detailed administrative fincttoa oeing performed uy staff. Council ..Amoer Cnew stated that an Individual nad approached nim aoout this end, while it nad aoindeJ goud on the surface, it could represent a very costly program foc the City to adminixtec, Council Atmoer Stephens stated that no would Li,.e to nave more information and deked to defer the item until a more Complete report could oe given. Ne stated that no would prefer to See a report of dollars and cents rather than )uet opinions. City of Denton city council minutes Meeting of August 61 1985 Page Twelve Svenla reported tnat in case or A claim for aamage, staff would nave to determine now the damage occurred. Council Memoer Cne'w stated that was correct and city staff would nave to determine wno was at fault in the case of the damage. It was not a tessiole situation. Council Memoer ACAadms asked li tnls process was in place in any otner city. Co^^cil ~Iemoer Cnew responded tnat no nad called several places and could not find this oeing done anywhere else. Council Memoer aopkins stated tnat. wrecker service3 nad insurance and ware oonded. No actlan was taken on this Item. 9. fne Council was to consider approval of use of Aack Park wltn tees waived for a softoail tournament witn all profits to go to the Fred Moore Senolacsnip Fund. Tnis item was removed from the agenda at the request of Mr. Carl Williams. 10. New Business 1. Council Memuer Stepnans requested to nave the micropnones for the Council .Memoves moved closer to the oack of the desks. 11. fners was no official action on executive Session items of legal matters, real estate, personnel, or ooard appointments. • Ina Council reconvened into the Executive Session to discuss legal natters, real estate, personnel, ac uoard appointments. Ina following official action on Executive Session Items was taken. Stepnans motion, rtopkins second to appoint Mr. Rennetn Frady to place 3 on the Puoltc Utilities aoard. Motion carried unanimously. ditn no furtner items of ousiness the meeting was adjourned. AiCdARD U. SIE'tARC, AAYOR CdARLQCZL ALLEN, ClZi SZCAtfARY i7lsa i i i City C ncil Minutes Aug4sc 13, 19d5 Ina Couneli convened into the Special "AIAO Meeting it 5:U4 p.m. in • the City Adnagar'd Confarance Room. PAhSENC: " Yor Stedartl Mayor Pru Tam dupKinar Council 144moarr Alford, Cned, ~4CAddins, A. ddldsr rger dnd Stepnens AdSeNr: dune 1. me Council convened into the executive Session to discuss legdl matters, real estate, personnel, aria hoard aopolntmenti. .lo OCCiCIal dCtiOO Ise tdKan• 4L to no Curtner items ut OudLnd34, tna tooting dad ad]uuined. A1CdAx0 U. Srt4ARr, AA NA CdA,(LUCCE ALLEN, CUCY SeCASeAMY • i13le city Council Minutes Auyuvt 15, 1Vd3 fne Council convendu into tale doCK desdLon it d:lJ a.m. iil the • tralninj duo.n of the $dCVtCe Canter. Hesddi: Aayoc Stewdr'r Adyur Pro ta,d d0pKinst Cu.inctl Ad,,,,aca Alford, ACAdama, Ind rtlduladperger AdSENC: Cuuacil Adnoer :eed dad out on ouainedd Council Aamoer Stapndns Ads serving on Cne ;rdna 1. the ,:uuncll consluerau di,pcoval or l resolution appolntinJ memodrd to the slue Hiooon Committee for plow 4enorial d,vpi-ai. ins Folluwing revolution dad peemontedt A d S 0 L J C I 0 ;f 4dEAEAS, on July Jl, lddd, the City Council endorsed CA* fasA Puccd Adpurt on flow Admorial Jospital and autnorltdd tnd CCddCWn of a dlud diooon COInmittder end dddd6A3, tae Clty Council wisnes to dppuint said )"10It Cedr r:UN, Cd81tEFUAd, de LC HdSULVeD di Tee :UJNCIL# Of 'CAB Clfr OF tCJN, fdcA: UCUOA L. Tae rollowing mdmoecs ace nereoy appotntea c:, the dIj AiPoOn Cummlttee to uveradd tad negotldtlan or l 14dde agreement roc a nun-profit Section ~Jl(c)(J) Corporation oetween the City, the County, dad the Curpuratlun reyardtng Plow lexorial Hospital: Cnarlaa dupKinds PnydiCian • etogde Junn, Pnysicldn Don Ault, P+iysiclan .Sdnlon ecdemdn, Pnysiclin jedrge dill, PLUM 4omorial HOSpltdl doatd Aemudr Jim Aiddlaspergec, Citf Council Aemoer Huts Cansey, Cuuncy CO.nmiddl0ndr 80D dd.lKilld, Cdrtlridd PuollC ACCOUnclnt ddvdrlde dart, C'IMIJlllty LelJdC Sennett AiCK, CJFZnunity Loader irdCy AullKel, Com.nunlty Led.ldc Aen dewinan, COmmunlty Leaser Millie Aaitn PACd, Cu+n.nunicy Ladder Or. decided Cra.ldr, r.lJ Heprdsantative or. dill AcAdd, Ar:;j ddpresentd'ive or. Jim At111nyddurtn, dealtn Planner DavlU ijue r, dadlcn A1minldtratlon Hdprd98tlC3:iY? dill AC?drlLnj, Condumdr Aeprdientative LoVie PriCa, Cu~li:6ldr r:duCdddntJGlVe City Ut Denton C1Cy Council Mlnutis 4e0eing of August Li, llj$ Page rdo . SdCZION 11. ene Jutidd or the Cummictee snail nd to oversee the rsa.Juciation uc cne term3 of a lead' ayreem,•nt vet.raen cne Clty, County and the awn-prucit corpordtiun and mdke recommenJatlona to cnd City Council and County Com,r./.aivoers in tots regard 4icn respect co the fotio4iny issues: (1) rdrm of the lease (2) Protection of the assetd of the City and County (J) Joligations or tnd City soul Courrfy under the terms or end tease (41 Consideration (7) exidtiny aril fucues indeotddness of Flow Memorial tiuspitai (b) Zile deyred of dutnoflty to oe vested in tnd non-prufit, Ji01 (c)(J) Corpordtiv:i. euccner, the Committee It nereoy autnoricad w 14A0 recu,nmdnoatluas, after vardfdt study knd suocommittde analyeias aitn cdyaru to cne issues of capital tormacton, Admisaiond policies and management annaneunent of the nospiedl dnddf the no.i-profit corporations pruvtddu tndt data cacommenuatlong snail ce suomittdd on or oefoce Mdren It 19eb. Addltlonaily, the City and County, uy resolution, may cnarye cne Committ*;e altn dodttional dutied. ScCfj_ U1J 111. rod Committee is nereoy dutnoriied to act in the e pdrfurmance of its duties unttl suCn tine an the City Cuuncll anu the County CuinmLadiondrd nava approved toe creation ut said non-profit cocpdrdtion and a lease documdnc nad Dean prepared. PASSda A.SO AFPdJVdJ tniS Gne 15th day of August, 11t5. dICdAet0 U. odiErMAr, UNA CITY UP Ue.irw, rEAAS Aet'3Ji. CSAiLUfid AUiG,l, Litt ~c:e<iiArif Cirf JF JeNrUN, liAAS AP1Je40Y6J AS iU LEC,AL FUe2A: JEdr(k AJA,11 JdANVIN.rls :lit AirJ.464cf clef Jr Jc,4 NJ, edAAy di: d0hJKinS .aoeion, Aicurd seieunu t) dlpCuva ens t4SQIJttun attn tnd names as approveu uy cne Council in Au JJt /J, ila$. tin coil call Vote,. .McAdams %ayd,, tiePKins 'aye,1 Altura 'aye,* diddldfperjer aysJ and iujor StMddrt 'dye.4 ,4yti0n Cdrrled Jn4nimuU3ly. 1• Zoe :ounuil :nrn ueyan a revied oc the prUpuJed 1113-46 UJUyet. r,ie UJJye;t 4UrK3nup sct.uJid ra3 as foltors: . :[il .JJN:I., dJJt;cC dJdK9r{UP J1aCJSSj.Jt~ Jvervirv ~ar13 AdlGUnq Citj or Jdnton Citj CuuncLl M v -es Hedting of August 15, 19di PAya Cnres DISCUSSIOd dd5PUt1SldLE • PUDitC WorKS RiCK Svenia dlil Angeio drtEAK Police Sign Lyncn Pird JACK uantrj Jata Procdssiny ~Jarj Collins .lord processing Center Yatsunndl xaturjn Uscej LU%:H PLnaned Depdttment Jonn AcU ane Ml3cellan6OU$ b .4on-Jep4ctmdntdl Odot SdrVLCd FiFia Joint Pundiny PdrKd and AQCrdatiun :rave drinKman LLDraty Joalla Urr Udneral Uavacnmo nc dettj McKean Operations Analjsis Ann dingman Planning and Community Development Jeff mayor Contrioutions to Otndr Agencie4 O Legal odors Drayovitcn BREAK JtLLitj Sydtan duo :elson d/ecttlc Vidter and 'o4a4t0WAtd9 Pay-plan ddco+nminddtLund Katncjn Jdrdj Major St9Mdrt loft the ,naetin; et appcoximateiy Ig.UU a.,n. Mayor Pro Ca+n IUVKLn4 latt tna naatlnj At appruxtmatdlj iI:JU l.;a. Major Pro rem dv paios loaned tna nearing it ipproxi,ndtall i{:Uu noon. ~:OUIICIl Aoinoer .:naa luLned tnd ;nadting It appcOximet•Ily L:JU p.A. Mayur Stewact joined tnd meatiny at appcoximataLy 2:UO p.m. J. Cne Council convdneo Into the Bxacutive jads,o+i co discuss legal +nattere, coal ditata, personnel, and ooard appointnant3. c7d officill •rtion lad tAKVII. ditn no tirtadr Itd:nd of pialnads, tnd ndettny ais adjourned. AICHPAO 0. ir1.WARr, MArOA Cr1A~iWCTE ALLnN, CLir SdC.idrA.2Y • 12144 T-------- m... City COU11cil Minutes August 20, 1965 The Council convened into the Work Session 4:3o p.m, in the City Manager's Conference Room. PRESENT, Mayor Stewart: Mayor Pro Tem Hopkinat Council Kembers Alford, Che'+, KCAdams, Riddlesperger and Stephens ABSENT: None 1. The Counci. onvened into the F.ecutive Session to discuss legal matters, real estate, personnel, and board appointments. No official action was taken, The Council then convened into the Work Session at 50]0 p.m. in the Civil Defense Room of the Municipal Building, PRESENT: Mayor Steww 0 Mayor Pro Tom Hopkinat C.;ncil Mac oars Alford, Cher MCAdrms, Riddlesperger and s:erhens ABSENT: None 1• The Council recd :ed a rep, from the Denton county Historical Commission, Ms. Yvonne Jenkins, representing the Denton County Hlslor:cal Commission, distributed copies of the 19x4 annual report, the Courthouse -on- the-Square Historical Museum 1984 anneal report and a letter requesting custody of old City of Denton tax records. She then reported that since August of 1918 he Denton Cultural Confederation had received $4150548.06 fc m the hotel/motel occupancy tax. Of this amount, 9265,091,25 has gone to the Greater Denton Arts Council and $119,549.66 had oone to the Historical Commission. These funds her' ^ieant the livelihood to both of these organizations as well as eddition f professional staff and outreach opportunities to the omr:nity. Preservation activities had included the reloc .ton (a 'r ,ears) of the John B. Denton College Sell at thN Fi:it ani ich and the relocation of the Horse Fount jin at the Tan's Clu:. Also purchased was the 1935 Pitch Flee Truck t c used for exhibits, parades and Fire Prevention activil rho fire tru was in the restoration proc »a at this ~ t, The ruse ; was experiencin a rise i, attendance and the hours for the rruseim had been axkor.~ed. Two exciting acquisitions had been 0 made to !hit cotlecttor nis ye Th. Beek and china cabinet of John Carroll na' r ided is well as the office and -medical equipment of the c doctor in Dtn!nn. A let-r had Deere sen,. to the Mayor and :ouncil Members requesting crustooy and ownership of the old tax records Minutes and :OOF cemetery reco:ds wnich were being presently -.crofilmed Dy -a City secretary's 19 Ice. This was a pro),~_t whi r; the rr,seum wis :rtxious to take on. Ms. Jenkins further reported that somo fencing nad been :~mpleted it she IOOF cemetery due to cooperW.on from he Ci!/, More fencing As to hn ne in the future but , for now, nr more funds were availAb Jenkins concluded by expressing , g appr station of the historical Commission f r the financial assistance which the City had given it the years. 2, The Council held a :.,cussion of participation a Soutaetn Dr.nton County Committge of !ha Future, Rick Svahla, Assistant City Manager, reported that a leper id aegn received asking for the City of Dento, to participate in thi committee. Staff was asking for a cons,ssus from the Cour t' . participation. Mayor Stewart asked 1f 'his c mmittee was from thg entire county. r City of Denton Cit Council Mir:-,es Meeting of Auquat 20, 1985 Page Two Mayor Pro Tom Hopkins stated that it appeared that there was duplication of activities with this commit,:** and two or three other groups. Council Member McAdams stated that the City should send someone to the meeting to get mote information. Council Member Riddlesperger stated that the city should cooperate with this group. The consensus of the Council was to send sc-itons from the staff to the Southern Denton County Committee of the Future meeting. 3. The Council received a report on the effect of state legislation upon the proposed Drt,)ton sign ordinanco and considered alterations to the proposed ordinancs in response to state regulations. Council Member kiddlesporgoc stated that ►his was an example of a Counctl hanging Itself by delaying the passage of the proposed sign ordinance. Charlie Watkins, City staff, reported that the state statute Au approved contained a requirement that if any sign had to be removed, relocated or coconstructed to comply with the City sign ordinance, the City would have to pay the costs. There was no way to set around this requiroment which would cost the City a great do,al and would have a significant impact on the budget. An alterna:ive would be to delete all references to existing non-conforming sigis from the ordinance and •grandfa►.het' them. The ordinance would then be applicable only to new eigns. This revised ordinance could be presents! for appccval at the September 3 Council meeting. The consensus of the Council was to proceed with this alternative. 1. the Council held a discussion of petition of Hammett a Nash, Inc., representing Shaul C. Saruch, for voluntar! annexation of approximately 92.80 acres located north of Highway 77 approximately 10050 feet east of 1-35N for the purpose of detormi-,ing whether to begin the annexation process. A-28 David Ellison, Senior Plannec, reported that Mr. Baruch was the same individual who had presented a petition for annexation for 199 acres north of the City which had one residence in place. The Council had decided not to proceed with that particular annexation. Another petition presented by Mt. Baruch was for 361 accost with no real- dances, which was in process. The ataff felt this petition was speculative in natures however, no population way affected and there were no residences or structures on the parcel. Council Member Stephens asked if there was any reason to proceed with his annexation now. Ellison respcnded it was voluntary and there were no problems from 3 Services standpoint. Councils Member Riddlesperger stated that if annexed, the property he ax rolls. Council Member Stephens asked where the tract was located. Ellison replied it was by the Texas Instruments site. Chew motion, Stephens second to begin the annexation process. Motion carried unanimously. S. The Council held a discussion of petition of Mel 9, Lacquemont for voluntary annexation of approximately 55 acres located at the northwest corner of F4 2161 INotth Locust) and proposed Loop 288, A•29 City of Denton City Council Minut Meeting of August 20, 1985 Page These • David Ellison, Senior Planner, pointed out the location of the trace on a map and reported that Mc. Lacquemont was interested in evw u- ally obtaining zoning fnr the whole parcel east and slightly north of the Texas instruments site. The property was adjacent and continuous to the proposed Loop 288 extension. Chew motion, Stephens second to begin the annexation process. 6. The Council held a discussion of cocommendakion concerning imposition of a fee tic petitions for voluntary annexations. David Ellison, Senior Planner, distributed additionat information on this isava. He then reported that the sole purpose of scheduling this item for the work session was to gain input from the Council prior to a public heating. The Planning and Zoning Commission had recommended that a fee be Imposed for those petitioning for voluntary annexation. The idea was to offae: dome of the cost of processing the application for annexation although the fee would not cover the cost of service. At the present times approximately 50% to 601 of the annexation petitions were voluntary. The Planning and Zoning Commission felt it would be an economic hardship to charge a fee for those persons requesting annexation on tracts lose than five acres. Therefore, the recommendation was for parcels of less than five acres in site, no tee be charged, rot parcels of five or more across fee of MGM be assessed. Council Member Stephens stated that the Pit had said it would be an economic hardship to charge the $250 for less than five access how- ever, parcels of lers than five acres in certain locations could be sold by the square foot. He then asked Ellison if other fee schedules were based on the site of the property. Ellison responded that there was a fee schedule for plats, etc., . which was based on the size of the tract. Council Member Stephens then asked if It took mote time to 'cocoas larger tracts due to the field notes. Jeff Mayer, Director of Planning and Community Development, reported that it was almost a muot point as he did not remember a reglest for voluntary annexation for ai,~ parcel of 5 acres o, less. Council Member Riddlesperger statod that property which was ar,nexed immediately began to pay taxes and the City would recoup the money. Council Member McAdams s►.a►ad the City had to begin to furnish serrlcss, such as fire and police protectfnns immediately upon annexation uhother the peoperty had residencte not.. Meyer reported that the property was added to the tax roll the year after annexation. Most speculators bought the property, had it annexed into the City and then sold it before the end of a year. Mayor Pro Tom Hopkins asked staff if they did not believe this would cut down on the number of voluntary annexations. Mayer responded that it was difflcult to judge. The number of petitions for voluntary annexations fluctuated anyway, if mots applications for voluntary anr.exatlons ware raceivedo staff would not be able to determine if the reason was the new filing fee or some other reason. Council Member Rlddlesperger asked why the City would charge A fee which did not have any relationship to the actual cost of the service provided. Meyer responded that those persons requesting voluntary annexation were not doing ao to obtain the fire and police service - they wets wdnting to turn a quick profit on the land. y t7 ' ems, ±r :x. ~ City of Demon City Council xir,,es teectng of August 20, 1985 P-1ge Pour Rick svehla, Assistant City manager, reported tt,at most of the property adjacent to the city limits line was worth more than 510,000 per acre. A $750 fee was not much money. Council Member McAdams stated that, the question was whether the Council wanted to follow the tort of services philosophy. If so, she did not know why this gcw p of people should be excluded. Mayor Pro Tem Hopkinu stated that it smacked of something wrong if a person had to buy you to get you to look at their property. He felt it was wrong for people to be penalised for having a large tract of property as opposed to a small tract. Mayor Stewart stated that the Council had Indicated for the last several years that the citi2ens should not have to pay for developers. Mayor Pro Tem Hopkins stated that the City Attorney had stated that fees were ailowa',le as long as they were tied to the service provided. McAdams motion to recommend the fee schedule for voluntary annexation as approved by the Planning and toning Commission w::lch was $250 for tract aver five acres and $0 foc under five acres. Mayor Pro Tor Hopkins stated that some of the small tracts were very lucrative for developers. Metiozi died for lack of a second. sae dams motion, Alford second to recommend a fee of 5250 for all voluntary annexations. McAdams; stated that she would prefer to begin at this rate and increase it if necessary. Meyer reported that this would not be a final vote on the fee, but rather information for the public hearing which would have to be held. Motion carried 6 to 1 with Council Member Chew casting the 'nay' vote. 7. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel, and board appointments. No officizl action was taken. The Council then convened into the Regular Meeting at 7:00 p.m, in the Council Chambers. PRESENT: Mayor Stewart; Mayor Pro Tem Hopkins; Council M=-oers Alford, Chew, McAdams, Rtddlesperger and Stephans ABSENT: None 1. The Council considered approval oI the Minutes of the Special Called Meeting of July 10, 198'. Riddlesperger motion, McAdams second to approve the Minutes as presented. Motion carried unanimously. 2. Consent Agenda Hopkins motion, Chew second to approve the Consent Agenda as presentee, Motion carried unanimously. S A. Pids and Purchase Orders: 1, bid 1 9489 - Ask+halt repaving r 4, [ T City of Denton City Council Minuo- Meeting of August ZU, 1985 Page Five O 2- Bid 1 9494 - Reflective lane markets 3. Bid 1 9498 - Traffic signal poles 4. aid 1 4501 - Cable and air switches 5. Bid i 9502 - 40-foot Fiatform trailer 6. Purchase Order 1 69362 to Boyd Excavation in the amount of $21,125.00 7. Purchase order 1 69401 ~o Motorola Communications in the amount of (90696.30 8. Purchase order 1 69409 to J. S. Equipment Company in the amount of $13,061.11 9. Purchase Order 1 69469 to Basic waste systems in the amount of $3,386.13 B. Plats and Repiats: 1. Approval of preliminary plat of the Arts Council Addition, Lot It Block 1. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Consolidated Pce,perties Addition No. It Lots 1 and 2, Block 1. (The Planning and Zoning commission recommends approval.) 3. Approval of final replat of the original Town of Denton Addition, Lot 5R, Block 18. (The Planning and Zoning Commission recommends approval.) • 4. Approval of preliminary and final replats of the Owaley Park Addition, Lot IA, Block 5. (T~e Planning and Zoning Commission recommends approval.) 5. Approval of final replat of the Wainwright Addition And the Original Town of Denton Addition (Victoria Square, Lot It 93ock 1). (The Planning and Zoning Commission recommends approval.) The Council then left the regular Agenda order. 5. Resolutions A. The Council C-)nsidered approval of a resolution approving an agreement by the City of Denton industrial Development Authority to issue a bond for Martino Realty Company and a gua.antee agreement with Frank N. Martino, James B. Martino, David C. Marto o, Frank N. Martino, Jr., and Richard D. Martino and the bond resolution providing for the issuance of such bond. City Manager Chris Hartung reporte.: that this item was ^,imilar to others which had been before the Council. The Denton Industrial Development Corporation had approved this agreement to issue the bond. The following resolution was presented: RESOLUTION APPROVING AN AGREEMENT BY CITY CF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE A BOND FOR MARTINO REALTY COMPANY . AND A GUARANTEE AGREEMENT WITH FRANK N. MART':NO, JAMES B. MARTINO, DAVID C. MARTINO, FRANK N. MARTINO, JR. AND RICHARD D. MARTINO AND THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BOND f. City of Denton CityY Council Mir. -.aa Meeting of August 20, 1985 Page Six WHEREAS, City of Denton Industrial Development Authority • was created under the auspices of the City of Denton, Texas; WHEREAS, the :ity Council of the City of Denton (the 'City') has, by Written resolution declared that certain areas of the City be designated as blighted areas (the 'alightt! Area') pursuant to the Development Corporation Act of 1979, as amended, Artic?e 5190.61 V.A.T.C.S., and the rules promulgated thereunder (the 'Act l; and WHEREAS, Martino Realty Company, a general partnership, desires to finance, pursuant to the Act, the constructiol of A facility containing two buildings aggregating approximately 120,000 square feet (which will be leased to third parties and will bb used as mixed-use buildings for office, retail and warehouse purposes) located at the intersection of Morse Street and Mayhill Road in Denton, Texas (the 'Project'); and WHEREAS, the Project is located within or adjacent to the alighted Area; and WHEREAS, the general public had an opportunity to make comments on the Project prior to the adoption of this Resolution; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON THAT: Section 1. The 'Loan Agreement between City of Denton Industrial Development Authority and Martino Realty Company', in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved, and the Bond the pti. :pal amount of 520500,000, may be issued pursuant • thereto fn; the purpose of paying the coat of acquiring and constructing or causing to be acquired and constructed the Project as defined and described therein. Section 2. The 'Resolution Authorizing the Issuance of City of Denton Industrial Development Authority Bond, Series 1985 and the EXeCUtiOr of a Trust Indenture (Martino Realty Company Project)', in substantially the form and substance attached to this Resolution and made a part hereof for all purpcaes, to hereby specifically approved, and the Bond may be issued as provided for therein. Section 3. The 'Guarantee Agreement between the City of Denton Industrial Development Authority and Frank N. Martino, James 8. Martino, David C. Martino, Frank N. Martino, Jr. and Richard D. Martino' in substantially the form and subs~ance attached to this Resolution and made a part hereof for 311 purposes, is hereoy approved. Sectlon 4. The City hereby approves the issuance of she aforesaid Bond in the aggregate principal amount of $2,500,003 for Martino Realty Company, and further approves the Project as described in the aforesaid Loan Agreement, and such approvals shall be solely for the purposes of Section 103(x) of the Internal Revenue Code of 1954, as amended, and the City shall have no liabilities for the payment of the Bond nor shall any of its assets be pledged to the payment of the Bond. Section 5. The City hereby assigns to the City of Denton Industrial Development Authority its allocable portion of the state private activity bond volume with resp9ct to the reservation request to be filed for the Bond by the City of Denton industrial Development Authority. City of ben►.on City Council Mlnut Meeting of August 200 1985 Page Seven Hopkins motion, Stephens second that the resolution be approved. On toll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'aye.. Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. D. The Council considered approval of a resolution approving the transfer and assignment of the cable television franchise and cable television pole lease agreement from Golden Triangle Communications to Sammons Communications, Inc. I Rick Sveti,:a, Assistant City manager, stated that this issue had been approved i-y the Cable TV Advisory Board and a puR;lic hearing before Council had been previously held. j The following resolution was presented: I R£ S 0 L U T I 0 N WHEREAS, Golden Triangle Communications currently holds a cable television franchise pursuant to Ordinance No. 79-1 of the city of Denton, Texas; and WHEREAS, Sammons Communications, Inc., and Golden Triangle Communications have requested approval frOS the Denton City'COUnei1 for assignment of the franchise to Sammons Communications, Inc.; and WHEREAS, the Cable Television Advisory Board has recommended approval of the franchise assignments and WHEREAS, pursuant to Section 5-1/2-23(3) of the Code of Ordinances of the City of Denton, Texas, after diligent inquiry and a public hearing on August 68 1985, the City Council is of the opinion and belief that Sammons Communications, Inc., meats the experience, character and financial criteria established by the Federal Communications COmmiusion and the Denton City Council; and WHEREAS, the City Council believes it to in the best interest of the citizens of Denton that the proposed assignment be approved; NOW, THEREFORE, BF. IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City of Denton, Texas, hereby consents to and approves the transfer and assignment of that certai.% cable television franchise awarded by Ordinance No. 79-1, attaches hereto and incor- porated herein by reference, from Golden Triangle Communications to Sammons Communications, Inc., wholly-owned subsidiary of Sammons Cable Communications, Inc., for the remaining term of such franchise and subject to all the terms and conditions contained therein. SECTION II. The City of Denton, Texas, hereby consents to and approves the transfer and assignment of all of Golden Triangle Communications' right, title and interest in and to that certain cable television pole lease agreement, attached hereto and incorporated herein by reference, to Sammons Communications, Inc., for the remaining term of sL.ch agreement and subject to all the terms and conditions contained therein. SECTION III. The consent and approval of assignment of the cable television franchise and pole lease agreement attached hereto is Conditlcned upon Golden Triangle Communications and Sammons Communications, Inc., filing documents of transfer and assignment with the City Secretary within days from the effective date of this Resolution. i i I 7 7, 7 s city of Denton City Council Min.:-es Meeting of August 20, 1985 Page Sight • SECTION IV. This Resolution shall become effective immediately upon its passage Ana approval. PASSED AND APPROVED this the 20th day ~f August, 1985. RICHARD W , MAYUV- CITY OF DENTON, TEXAS ATTEST: CHARLOT , CITY-fraTTM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DSNTON, TEXAS BY: McAdams motion, Alford second that the resolution be approved. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'Aye,* Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'sye.' Notion carried unanimously. The Council ;.hen returned to the regular agenda order. 3. Public Hearings A. The Council held a public hearing on the petition of • James D. Lynch, representing Lynch and Lynch, inc., requesting a change in zoning from the agricultural (A) to the commercial (C) classification on s 1.402 acre tract. The property is located at 524 Loop 28: and is shown in the Mary S. Austin Survey, Abstract 4. If the change in zoning request is approved, the property may be utilized for any use permitted in the commercial (C) zoning classification by the City of Denton Zoning Ordinance. 2-1759 The mayor opened the public hearing. Mr. James D. Lynch, the petitioner, spoke in favor stating that the request conformed with present zoning in this area. He had suomitted drawings for the proposed office development. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that the petition was for commercial z(.iing on 1.5 acres in a high inaensity arsa. The request was consistent with existing land uses. Four reply forms had been mailed with one returned in favor and none returned in opposition. Staff wished to report that this petition would be cumulative in nature. The Planning and Zoning Commission had recommended approval. 1. The CCUn4il considered adoption of an ordinance amending the zoning ;nap of the City of Denton, Texas, as same was adopted as an appendix to the Code of Ordinances of the Cio,v of Denton, Texas, by Ordinance No. 69-1, as amended, and as sari ma-) applies to 1.402 acres of land located at 524 Loot 288 out of i1e Mary S. Austin Survey, Abstract 4, and as is more particularly described herein) to provide for a change in zoning classification from agricultural 'A' district classification and use designation; • providing for a penalty in a maximum amount of $1,000.OU for violations thereof; and providing for an effective date. i City of Denton city Council Minut Meeting of August 20, 1985 Page Nine The following ordinance was presented: • NO. $b-150 AN ORDINANCE AMENDING THE .4`uING MAP OF THE CITY OF DENTON, TEXAS, AS SAME VAS ADOPTtD AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 1.402 ACRES OF LAND LOCATED AT 524 LOOP 280 OUT OF THE MARY S. AUSTIN SURVEY, ABSTRACT 4, AND AS IS MORE PARTICULARLY DESCRIBED HEREIN: TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL 'A' DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL 'C' DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOFI AND PROVIDING FOR AN EFFECTIVE DATE. Stephens motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlesper5or 'aye," Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. B. The Council held a public hearing on the petition of Harrison Investments and Pat Brady requesting a change in zoning from the agricultural (A) district to the light industrial (LI) classification on a 3.7 acre tract located on the west aide of Cooper Creek Road approximately 150 feet north of U.S. Highway 380. If the zoning request is approved, the property may be utilized for any purpose permitted in a ligh% industrial district by the City of Denton Zoning Ordinance. Z-1757 The Mayor opened the public hearing. Mr. Arthur Troy, representing the purchaser, spoke in favor stating that he was available to snswer any questions which the Council might have. Mayor Pro Tom Hopkins asked what the property be used for. Mr. Troy responded a small industrial park. Council Member Riddlespecgec stated that all the property around the site was currently industrial land use. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that the area was pret:ominantly commercial and light industrial with some retail use. North, south and east of the site was commercial and light indus- trial. She proposed land use was compctlble with zoning and land uses. There were 5 reply forms mailed with 1 returned in favor and 0 in opposition. Hopkins motion, Stephens second to approve the petition. Motion carried unanimously. C. 2-1758. Petition of R. J. Button requesting a change in zoning from agricultural (A) and planned development (PD-54 and PD-61) to the planned development classification on 29.2-4 acres. The property is located north of Robinson Road and east of Lakewood Estates (S-166). If the planned development is approved, the following land uses will be permitted: Duplexes (2-F) - 22.23 acres Four-plexes - 4.70 acres . General Retail = 1.8: acres Open Space .48 acre 77 City of Denton City Council min, ~s Meeting of August 20, 1985 Page Ten The Mayor opened the public hearing. ® Mr. R. J. Button, owner and developer of Lakewood Estates, spoke in favor and distributed a copy of the site plan for the proposed development. This petition was for 29 acres which was adjacent to the east. of Lakewood Estates. E. teen acres of the parcel was previously owned by Mr. Compton and Ns zoned for planned develop- ment, Mr. Button had some to staff in the spring to ask for zoning on the remaining 11 acte4. The idea +,.s the bring the two parcels back into one planned development. Same rear•anging had been done on the original planned development du. to .r _ddition of the 11 acres, Staff had attached 30 conditions to the petition. Mr. Button stated that theme were acceptable to him ar he would have done the requested items in the conditions anyway. He concluded by stating that he had inverted approximately $80,000 in the extension of utilities to tnis area and would like to complete development so as to receive a portion of that capital investment back. Co,:ncil Member Riddlesperger asked where the proposed south loop was in reiation to this property. Mr. Button respogded that it was east of this tract. No one spoke in opposition, The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this was a 29.21 acre trar-t to be zoned for planned developmin'., Uses would include four-plexes, duplexes and •etail. This petition would add 11 more acres to previous planned developments and would require some realignment. There were 4 reply forme mailed with 2 returned in favor and 0 in opposition. • 1. The Council considered adoption of an ordinance amending the zoning map of the City of Denton, T^xas, as said map applies to approximately ll acres of land, to provide for a change in zoning district classification and use from agricultural ('A') to planned development ('PD')i repealing planned development district zoning Ordinances Nos 83-62 and 83-92 as said ordinances apply to approximately 6.2 and 11.5 acres of land, respectively; enactin; a new planned development district for all said property, being located north of Robinson Road and east of Lakewood Estates, and teing approximately 29.2 acres, as more fully described hereini providing for a maximum penalty of $1,G00.00 for violations thereof; providing for a severability clause: and providinq for an effectLve date. The following ordinance wig presented; NO. 85-159 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAID MAP APPLIES TO APPROXIMATE:.! 11 ACRES OF LAND, TO PROVIDE FOR A CHANGE IN ZONING DISTRICT CLASSIFI- CATION AND USE FROM AGRICULTURAL ('A') TO PLANNED DEVELOP- MENT ('PD)r REPEALING PLANNED DEVELOPMENT DISTRICT ZONING ORDINANCES NOS. 83-62 AND 83-92 AS SAID ORDINANCES APPLY TO APPROXIMATELY 6.2 AND 11.5 ACRES OF LAND, RESPECTIVELYt ENACTING A '.EW PLANNED DEVELOPMENT DISTRICT FOR ALL SAID PROPERTY, PEING LOCATED NORTH OP ROBINSON ROAD AND EAST OF LAKEWOOD ESTATES, AND BEING APPROXIMATELY 9.2 ACRES, AS MORE FULLY DESCRIBED HEREIN; PROVIJING FOR A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATION THEREOF; PROVIDI t FOR A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN EFFECrIV DATE. Stephens motion, Hopkins srcond to adopt the ordinan On roil call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlesperger "aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously, PIWW 1 ~ e City of Denton City Council Minutes Meeting of August, 300 1985 Page Eleven D. The council held a public hearing on the petition of S Neham Investments requesting a change in zoning from the agricultural (A) to the light industrial (LI) classiftcation on 7.223 acres. The property is located on the south side of Loop 288 east of the MKT and TP Railroad snd is shown in the J. S. Taft Survey, Abstract 1256, If approved, the property may be utilized for any use permitted in the light industrial (LI) zoning classification by the City of Denton Zoning Ordinance. Z-1159 The mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that this was a 7.223 acre tract in a high intensity area. The zoning would be cumulative in nature. The proposed light industrial use was consistent with existing land uses. There had been 4 reply forms mailed with 0 returned. amending the zoninghmap ofcthecCitydof Dentoh,l Texas,aas osameawas adopted as an appendix to the Code of Ordinances of the City of Denton, Texas by Ordinance No. 69-1, as amended, and as said map applies to 7.223 acres of land located on the mouth side of Loop 288 east of the MKT and TP railroad opt of the J.S. Taft Survey, Abstract 12561 aed as is more particularly described hereint to provide for a change in zoning classification from agricultural 'A' district classification and use designation to light industrial 'LI'' district classification and use designations providing for a penalty in a maxim%im amount of 31,000.00 for violations thereoft and providing for an effective date. Tr following ordinance was presented: NO. b5-160 All ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORLINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-i, AS AMENDED, AND AS SAID MAP APPLIES TO 7,223 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF LIJOP 288 EAST OF T11E MKT AND T? RAILROAD OUT OF THE J. S. TAFT SURVEY, ABSTRACT 1256, AND AS IS MORE PAR'rlCULAP.LY DESCRIBED HEREINt TO PROVIDE' FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL 'A' DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUS- TRIAL 'LI' DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT F $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams -aye,' Hopkins Stephens 'aye,' Alford 'aye,- Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. E. The Council held a public hearing on the petition of Fields, Edwards s ASSOC.ates, representing Miller of Texas, for voluntary annexation of approximately 354.94 acres of land located north and south of FM 426, east and west of Trinity Road, and south of U.S. Highway 380 East, A-23 The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor stating ghat this was the second public hearing n this petition for voluntary annexation. Staff anticipated that 600 acres would oe before the Council for rt r< City of Denton cityy Council Minutes Meeting of August 20, 1985 ^aqe Twelve .zoning. The next attics on this annexation would be the institution . of annexation proceedings on September 3. There were 4 reply forms mailed with 2 returned in favor and 0 in opposition. tlo one spoke in opposition. The Mayor closed the public hearing. McAdams motion, Chew second to proceed with the annexation. Motion carried unanimously. 4. Ordtnances A. The Council considered adoption of an ordinance accepting ,ompetitive bids and providing for the award of contracts, for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefor; and providing for an effeal:ive date. The following ordinance was presented: NO. 85-161 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the ordinance. On roll tail vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'rye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. 8. The Council considered adoption of an ordinance accepting competitive bias and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefor; and providing for an effective date. The following ordinance was presented: NO. 85-162 AN ORDINANCE PCCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARP OF CONTRACTS FOR PUBLIC WORKS OR IMPPOVEMENTSs PROVIDINC a-OR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDIL40 FOR AN EFFECTIVE DATE. Al°.ord motion, Chew second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye," Riddlesperger 'ayf.,' Chew 'aye,' and Maycr Stewart 'aye.' Motion carried unanimously. C. the Council considered ddertion of an ordinance providing for the expenditure of funds for emergency purchases of c,ateriais, equiFctnt, supplies or Services in accordance with the provisions of state law exempting slich purchases from requirements of competitive bias; and providing for an effective date. The follcwinl ordinance %as presented: NO. 85-163 AN ORDINANCE PROVIrING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PliRrHASIS OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES I'1 ACCORDANCE WITH TIE P'OVIS:ONS OF STATE LAST EXEMPTING SUCH PURCHASES FPOM AErjr;1''MEN7S 0. COMPETITIVE BIDS; AND PROVIDING FOR AN EFFF.CTIvE ,?A Chew lotion, Alford second to adopt the ordinance. On roll call vote, McAdams 'also' Hopkins says,' Stephens 'aye,' Alford 'aye,' Riddlespecger 'r.yeo' Chew 'aye,' and Mayor Stewart says.' Motion carried inanimously, city of Denton city council minutes Netting of August 200 1985 4age Thirteen D. The Council considered adoption of an ordinance of the . City of Denton, Texas, establishlnq or revising filing lees provided for by Appendix A, the Denton Development Code, and Appendix B-toning, of the Code of Ordinances of the City of Denton, Texat; repealing all ordinances in conflict herewithl and providing for an effective date. City manager Chris Hartung reported that, this was the third year of the five-year program of cost of service fees for zoning petitions. This ordinance would allow the fees to be trought to the third yesr level. The following ordinance was presentedi NO. 85-i64 AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING OR REVISING FILING FEES PROVIDED FOR BY APPENDIX At THE DENTON DEVELOPMENT CODE, AND APPENDIX B-ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT BEREWITHI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to Adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'nay,' Stephens 'ayt,' Alford 'ay9,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried 6 to 1 with Mayor Pro Tom Hopkins casting the 'nay' vote. E. The Council considered adoption of an ordinance amending the zoning map of the City of Denton, Texas, as same was adopted as an appendix to the Code of Ordinances of the City of Denton, Texas by Ordinance No. 69-1, as amended, ar.d as said map applies to 14.06 acres of land located along the east side of Riney Road, adjacent and south of U. S. Highway 77, and north of Windsor . Drive, at a point beginning approximately 220 feet east of the intersection of Riney Road and Windsor Drive, as is mire particularly described herein; to provide for a change in zoning classification from agricultural 'A' district classification and use designation to planned development 'PD' district classification and use designatlonl providing for a penalty in a maximum amount of $1,000.00 for viola- tions thereof; and providing for an effective date. Z-1730 Denise Spivey, Urban Planner, reported that this was the ordinance for a zon:nq case which the Council had previously approved. The following ordinance was presented: NO. 85-165 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINAcCES OF THE CITY OF DENTOw, TEXAS BY oPDINANCE u0. 69-11 AS AhENDED, AND AS SAID MAP APPLIES TO 14.06 ACRES OF LAND L07ATED ALONG THE EA,,T SIDE OF PINEY ROAD, ADJACENT AND SOUTH OF U. S. HIGHWAY 77, AND NORTH OF WINDSOR DRIVE, AT A POINT BEGINNING APPROX114ATELY 220 FEET EAST OF THE 1,1TERSECTION OF RINEY ROAD AND WINDSOR DRIVE, AS IS MORE PARTICULARLY DESCRIBED HESEIN; 'IO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL 'A' DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 'PD' DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOLNT OF $1,000.00 FOR VIOLATIONS THEkEOFI AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. Or, roll call ;'ot9, McAdam! *aye,~ Hopkins `a~r•,' Stephens 'aye,' Alford 'aye,' Riddlesperger ayt, Chew aye, and mayor Stewart 'ay9.' Motion carried una0 mously. I I City of Denton City council minutes Meeting of August 20, 1985 Page Fcurteen • F. The Council considered adoption of an amending the zoning map of the City of Denton, Texas, as aaordille-lwaae ans adopted as an appendix to the Code of Ordinances of the City of Dentor„ Texas by Ordinance. No 69-1, as amended and as said map applies to 36.96 acres of land iocated north of Paige Road and east of Mayhill Read, and is more particularly described herein, to provide for a chan?e in zoning classification from agricultural 'A' district classification and use designation to planned development ion penalty aoff S1,F000 OOndfor a violationaont providing for a maxlmtim severability clausal and providing for an effective date. Zfor a e. a-1737 Cecile Carson, Urban Planner, reported that this petition for zoning had been approved by the Cou,icil on July 2, 1985. A site plan was attached to the ordinance. The following ordinance was presented: NO. 85-156 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OP ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 36.96 ACRES OF LAND LOCATED NORTH OF PAIGE ROAD AND EAST OF MAYHILL ROAD, AND IS MCRE PARTICULARLY DdSCRIBED HEREIN TO PROVIDE FOR A CHANGE IN ZONIf:0 CLASSIFICATION FROM ~AGRICULTVitAL •A' DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 'PD' DISTRICT CLASSIFICATION AND USE DESIGNA- TION: PROVIDING (OR A MAXIMUM PENALTY OF $1,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Stephens second to adopt the ordinance. On roll cal vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford Yl Riddlesperger 'aye,' Chew aye,' ,,rid Mayor Stewart 'aye.' Motion carried unanimously. Council Member Stephens left the meeting. annexing a. trace of council land contiguous considered adoption of an ordinanco Denton, Texas; being all that lot, tract or parcel of land consia ing of approximately 160 acres of land lying and being situated in the County of Denton, State of Texas and being part of the G. Walker Survey, Abstract 1330, and the M.L... 6 P.R.R. Survey, Abstract 950, Denton Countyr classifying the same as agricultural 'A' district property; and declaring an effective date. A-20 David Ellison, Senior Planner, reported that staff had no new Information for the Council. The following ordinance was presented; NO. 65-167 AN ORDINANCE iNNEXING A TRACT OF LAND CONTIGUOUS' AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEIN; A,: THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 160.00 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY, ABSTRACT 1330, AND THE M.E.P. 6 P.R.R. COMPANY SURVEY, A35TRACT 9500 DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTUP.AL 'A' DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Chew mutton, IC dams second to adopt the ordinance. On roll call vote, McAdams aye, Hopkins 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Mottos carried unani6.uusly. l a ~4 1 City of Denton City Council minutes meeting of August 200 1985 Page Fifteen H. The Council considered adoption of an ordinance and service plan instituting annexation proceedings for a tract of land contiguous and adjacent to the City of Denton, Texasi being all that lot, tract or parcel or land consisting of approximately 115 acres of land lying and being situated in the county of Denton, State of Texaz and being pact of the J. west Survey, Abstract 1331,-De11ton County, Texas; classifying the same as agricultural 'A' district propertyi and declaring an effective date. A-22 The following ordinance wi presented= NO. 85- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 115 ACRES OF LAND LYING AND BEING L: PUATED IN THE COUNTY OF DENTON, STATE OF TEXAS, AND BEING PART OF THE J. WEST SURVEY, ABSTRACT 1331, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL (A) DISTRICT PROPERTY AND DECLARILiG AN EFFECTIVE DATE. Riddleaperger motion, Chew second to adopt the ordinance. On toll call vote, McAdams 'aye,' Hopkins 'aya,' Alford 'aye,' Riddlespetger 'aye,' Chew 'aye,' and mayor Stewart 'aye.' Motion carried unanimously. council Member Stephens joined the meeting, 1. The Council considered adoption of an ordinance setting a date, time and place foe public hearings concerning the petition of the City of Denton for annexation of approximately 160 acres of land being part of the 888 and CRR Survey, Abstract 141, and located north of FM 1173, south of eatthold Road, west of I-35N, and east of e Masch Branch Road and the GCiSF Railroad, A-24 David Ellison, Senior :lanner, reported that staff was recommending that I.he first public hearing be held on September 3 and the second ?uoli.c hearing on September 17. following ordinance were presented: N^. ?5-168 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC, HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS ')ESCRIBED HEREIN BY THE CITY OF UENTON, TEXAS, AND ,UTHORIZIN3 AND DIRECTINv Tilt MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. Chew :lotion, 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. J. The Council considered adoption of an ordinance setting a date. time and place for public hearinga concerning the petition of Aikman Development Corporation and the City of Denton for annexa- tion of approximately 117.5 acres of land lying in and being a part of the B. Merchant Survey, Abstract 8000 the C. Chacon Survey, Abstract 298, and the S, Venter Survey, Abstract 1315, Denton County, Tex/.s. The subject site begins at the southwest corner of FM 2131 ana Hickory Creek Road. A-27 David Ellison, Senior Planner, reported that staff was recommending that the first public hearing be held on S-)ptember 3 do:; the second public hearing on September 17. UtY of Denton Cityy Council Minutes Meeting of August for 1985 Page Sixteen Council Member Stephens asked, since this was in the vicinity of the • proposed south loop, what was being done to reserve 'he corridor. Ellison responded that reserving :he corridor was not an issue tot aantxation, but rather in platting and development. The following ordinance was presented: NO. 85-169 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 0" SUCH PUBLIC HEARINGS. McAdams motion, Hopkins cecone to a0l4pt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'tile,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. K. The Council coostlered adoption of an ordinance designating and establishing a school safety zone on Windsor from a point 250 feet east and 250 feet west ;,t its intersection with North Locust and on North Locust 250 feet north and 250 feet south of Windsor: reducing the maximum prima facie speed limit from thirty (30) e.les per hour to twenty (20) miles per hour) providing a penalt, of a fine not to exceed two hundred oollars ($200.00); providing a severability clause; ant declaring an effe4,.tive date. Rick Svehla, Assistant City Manager, reported that this ordinance was in response to a request from the Denton Independen,. School District and th-+ City f Denton Police Department.. The school safety zone was located ne.t the new Evers School end would allow mote • safety tot the children. The Citizens Traffic Safety Support Commission recommenced approval. The following ordinance was provided: NO. 85-170 AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY ZONE ON WINDSOR FROM N POINT 250 FEET EAST AND 250 FEET WEST OF ITS INTERSECT 3N WITH NORTH LOCUST AND ON NGATH LOCUST 250 PEET NORTH AND :'0 FEET SC 7TH OF WINDSOR; REDUCING THE MAXIMUM PRIMA .IE SPEED LIMIT FROM THIRTY (30) MILES PER HOUR TO TWENTY e0) MILES PER HOUR) PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HU1,DRED DOLLARS (S200.00)i PROVIDING A SEVERA31LITY CLAUSEr AND DECLARING AU EFFECTIVE DATE. Hopkins motion, Stephens second to adopt tte ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlespetger 'a•;e,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. L. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the south side (.f :rest Hickory from its intersection with Avenu^ 3 to its intersection, wi'h Avenue C; providing a severabillty claus,; ptovtdinq a penalty not to exceed two hundred dollars) and declaring an effective date. Rick Svohla, Assistant City Managet, reported that this ordinance was In response to a request from !north Texas State University. Council Member Sttphene sta'ed that he thought the Council had passed an ordinance for this same property in 1981. Svehla torponded this particular area was by the new parking lot at NTSU, t 9 ti city of Den, ton City council minutes meeting of August 20, 1985 Page Seventeen . The following ordinance was presenteds NO. 85-171 AN ORDINANCE PROHIBITING THE PARKLYG OF VEHICLES ON THE SOUTH SIDE OF WEST HICXORY FROM ITS INTERSECTION WITH AVENUE B TO ITS INTERSECTION WITS AVENUE CI PROVIDING A SEVERA3ILITY CLAUSEI PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARSI AND DECLARING AN EFFLCTIVE DATE. M. She council considered adoption of an ordinan^a prohibiting the parking of vehicles on the north and south sides of Windsor Drive from its intersection with Hinkle to ite intersect.on with Bonnie Brae; providing a ieverabillt!a clause, and providing a penalty not to exceed two hundred dollars, and declaring in effective date. Rick Svehla, Assistant City Manager, reported that this ordinance had been requested by the City of Dr.nton Parks and Recreation Department due to the heavy usage of the streets through the North Lakes Recreation Center area. seuple s+are parking or, the side of Windsor by the soccer fields a:id were inhibiting the flow of traffic as well as creating safety problems for pedestrians moving from the recreation center across to the soccer fields. The following ordinance was pi,senteds NO. 85-172 AN ORDINANCE F OHIBITING THE PARKING OF VEHICLLS ON T4E NORTH AND SOUTH SIDES OF WINDSOR CRIVE FROM ITS INTERSECTION WITH HINKLE TO ITS INTERSECTION WITH BONNIE BRAE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS) AND DECLARING AN EFFECTIVE DATE. . N. Tho Council considered adoption of an ordinance amending Section 11-37 of Chapter 11 of the Code of Ordinances of the City of Denton, Texas, by deleting the requirement ct a tubercu- losis test as a condition to receiving a food handling permit, and providing for an effective date. City Manager Chris Hartung reported that the staff had received a request from the City/County Health Department for this amendment to the Code of Ordinance. The tuberculosis test was no longer considered to be necessary by the state or the health department. The following ordinance was presented: NO. 85-173 AN ORDINANCE AMENDING SECTION 11-37 OF CHAPTER 11 OF THE CODE OF ORDINANCFS OF THE CITY OF DENTON, TEXAS, 3Y DELETING THE REQUIREMENT OF A TUBERt-ULOSIS TEST AS A COND'.TION TO RECEIVING A FOOD :V1NiLING PERMITI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Stephens second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'eve,' Stephens 'aye,' Alford 'eye,' Riddleaparger 'aye,' Chew 'aye,` and Mayor Stewart 'aye.' Motion carried unanimously, S. Resolutions 8, The Council considered approval of a resolition approving the Historic Landmark Preservation Plan. (The Planning rind Zoning Co,nmisslon recommends approval.) a City of Denton, City council minute, Meeting of August 200 i9a5 Page Bightsen Denise Spivey, Urban Planner, reported that the Historic Landmark • Preservation Plan had been prepared by 4r. Bullitt Lowrey from the Historic Landmark Commission. This plan was a requirement of the zoning ordinance and had been approved by the Planning and Zoning Commission on June 12 by a vote of 7 to 0. The plan should be adopted as part of the city comprehensive plan. The following resolution was preeentedj R E S O L U T I O N WHEREAS, Article 28A0 Section k9A-6 (a) of Appendix B to the Code of Ordinances of the City of Denton, texas, provides that the Historic Landmark Commission shall prepare an Historic Landmark Preservation Plan which chail be presented to the City Planning Commission for recommendation to the City Council for adoptions and WHEREAS# said Preservation Plan adtheaPlanning commission having reprepared commended to the City Council that said Preservat-,on Plan be adopteds NOW, THERhfOAR, Be IT RESOLVED BY THE COUNCIL Of THE CITY Of DENTON, TEXAS: SECTION I. commissionhof hthepCityroftiDentonn attached h)ir toHandomade adpa~t hereof, is hereby adopted and ohall be included in the comprehensive plan. PASSED AND APPROVED this the 70th day of August, 1985. RICHA TE"' ?T, AN-70- CITY Of DENTON, TEXAS ATTEST: M CITY Of DENTON, TEXAS APPROVED AS TO LZGAL FOAM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY Of DENTON, TE.%AS BY: Stephens motion, Chew second that the resolution be approved. On roll call vote, McAdams aye, Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Aidalesperger 'Aye,' Chew 'aye,' and Mayor Stewart 'aye,' Notion carried unanimously, C. The Council considered approval of a resolution approving an amendment to the airport lease agreement of nctober 1 1979 and authorizing the Mayor to execute the consent to as►!gnment of security interest in said lease. Bill Angelo, Assistant to the Director of Public Yorks, reported that this partlc-.lar issue had been discussed several Imes over the past 16 months. A tentative settlement had been reach,d which would require Council approval and the signature of Maverick Air to execute. Me. Bob Hunter of the City Attorneys office had spent much time and energy on this document as had Clint Lynch, the airport Managera The following resolution was presentedi City of Denton City Council Minutes Meeting of August 2OF 1965 Page Nineteen RESOLOT 10N • WHEREAS, the airport lease agreement between the City of Denton and Aeroamith Denton Corporation dated OrtoGer It 19790 was assigned to Maverick Aircraft, :nc., by Order of :he Bankruptcy Court on April 18, 1981: and WHEREAS, pursuant to such lease assignment, Maverick Aircraft, :nc „ and the City of Denton stipulated and agreed that certain porriona of the lease be renegotiated: and WHEFEASF the parties have completed their negotiations and have prepared a lease amendment for approval by the City Council: and WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of the airport Jesse amendment, and WHEREAS, the City Council of the City of Denton, Texas, believes it to be in the interest of efficient airport operations to approve such les:'2 amendment, NOW, THEREFORE, BL IT RESOLVED BY THE COUNCIL OF THE CITY OF DEN.-ONF TEXAS, THAT: SECTION I. The amendment to the airport lease agreement of October 1, 19790 both of which are attached hereto, is hereby approved. SECTION II. The Mayor is hereby authorized to execute the attached consent to assignment of security interest in the airport lease and attached lease amendment on behalf of the city end the city Socrokary • is hereby directed to affix this Resolution, with the executed lease amendment attached, to the original airport !ease agreement c'ated October It 1979, inscribing on the original agreement the fact tnat it has been amended and the effective date of such amendment. SECTION III, This Resolution shall be effective immediately upon its passage and approval. PASSED ARD APPROVED this the 70th day of August, 1985. R D 7EWA.RT, MAYOR CITY OF DtNTON; TEXAS ATTEST: I CHARLOTTE AILLENO CITY y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHF CITY ATTORNEY CITY OF DENTON, TEXAS BY: Stephen motion, Chew second to accept the re;ommendatioa of the Airport Advisory Board. On coil call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'ale,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewect aye,' Notion carried unanimously. S 6. The Council considered approval of work program to update the Denton Development Guid^_ A„d Cosprehensive Zoning Ordinance. 74~ "71 " city of'oentorn City Council mint:- )s Meeting of August 2Q0 1985 Page Twenty Steve Fanning, Comprehensive planner, reported that there was a process in the Denton Development Guide for constant updating in two ways- One was w:; a yearly update and the second was done every fivebe 10 yeaot sofr whenever there had bean a lot of growth. Thew Development Guide updatehin 1ver 984,htheaCouncil asked staff !he annual ',eo questionss o review 1. Do the intensity policies reflect the current objectives of 'he community 1. Are current efforts to Implement the intensity policies what we would like them to be .1410 answered o questioncilere very detatlsd and could not be quickly program to arawet these hen uion. The process asked staff to propare a proposed work update was similar to thateused sin 196D t0 develop thed for this self-selected committee would be utilized and would work through a s work done in 1980 in eries of workshops. The scope would be somewhat different from the that ultimate development oriented as The more Uses Commitn eeawouldabe looking at ahort-range issues and their implementation. One possibility was to totally revise the zoning ordinance. Staff wanted the Council to be aware of the general concept and to authorize the process to proceed, The Land Use Committee would be comprised of 36 members. The back-up material had inadvertently omitted one repre- sentative from North Texas State University and Texas Woman's University, Mayor Stewart asked who would be in charge of the committee. Panning responded himself and Harry Persaud of the Planning and. Community Development department staff. ® Mayor Stewart then asked who would -alert the members of the committee. Fanning responded that letter would be drafted to the various gcoupo (such as the Chamber of Commerce, Beard of Realtors, etc.) and these groups would appoint cepresentativ!s !o serve as members. There were some citizens at-large on rho, committee, The process used in 1980 was to publicize a city-wide meeting and have them select members from that number. McAdams motion, Hopkins second to approve the work program to update the Denton Development Guide and Comprehensive Zoning Ordinance. Motion carried unanimously. 7. The Council considered approve. if taking a votc: to consider increasing the effective tal Kate. John McGrane, Director of Finances reported that that when the actual tax Kate increased b morestate tha law requited n 3% over he prroposed effective tax rate, a public hearing must he held. Prior he public hearings a notice must be published in the newspaper. The notice must contain a vo,:u by Council on a proposal to consider a twx increase. What was beini,i done now was considering to propose a tax increase and taking a vote. Council Member Riddlesperger stated that the proposed budget did not propose an increast in .axes, mher&me responded k)at the actual tax rate in the budget would regain Ion ame, a was onlheaeffective tax rate was calculated by a vety effects at $900 there would.5577 be 7 per than a more increase is tat ion' In r axes. City Manager Chris Hartung reported that this was a similar s►tuatlon to '.his two or three year! ago. The actual tax rate r4 lalned the ~ , 1, . . . L City of Denton Cltyy council Minutes Meeting of August 20, 1985 Page Twenty-One same but due to !ncreases in the tax roll 4120~ssed evaluation,the computed effective tax rats showed an Increase. In this instance, the Council instructed staff to place an advertisement next to the notice of public hearing Informing the public that there was, in fact, no proposed increase in th,t tax rate, Council Member Riddlesperger stated that this should be done again this year. Council Member Stephens stated that the previous advertisement also stated that the notice of public dealing was being published as a legal requirement. Council Member Riddlesperger stated that he wanted it understood by the citizens that the proposed budget did not increase the tax rate, Mayor Pro Tem Hopkins stated that, as he understood it, this action did not have anything to do with the tax rate for the City of Denton. That could bj adjusted as the Council adjusted the budget. Council Member Stephens stated that the key was the work 'effective.' City Manager Hartung reported that the effective tax rate was a computed, not a real, number. Riddlesperger notion, McAdams second to take the vote. On roll tali voee, McAdams Faye,' dopkins 'aye,' Stephens 'sye,' Alford 'aye,' Riddlesperger '►ye,' Chew 'nay,' and mayor Stewart 'nay.' Motion carried 5 to 2 with Council member Chew and Mayor Stewart casting the 'nay' vote. 8. Nsw Business No items of new business were suggested for future agendas, • 9. Official action on Executive Session items was taken on agenda itemr 10, 11 and 12, 10. The -ouncil considered approval of a resolution appointing a City Judc7d ti preside over the Municipal Court. The follow4ng resoluCion was presentedr R E S 0 L U" T I 0 N WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint a City Judge to preside over the Municipal Court; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That Camille Milner is hersby appointed City Judge of the Municipal Court of the City of Denton, laxas, pursuant to Section 643 of the Charter of the City of Denton, Texas. SECTION II. This P.Nsolution shall become effective from and after its date of passage, PASSED AND APPROVED this the 70th day Of AUgUSt, 1985. RICHARD d: ? W , MAYOR CITY OF DENTON# TEXAS 1 City of Denton Cityy Council Minute^ Meeting of August 30, 1985 Page Twenty-Two ATTEST: • CHARLOTTZ , CITY EC 17 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, Stephens second that the resolution be approved. On coil call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'eye.' Motion carried unanimously. 11. The Council considered approval of a resolution appointing an Assistant City Judge to perform the judicial functions of the Municipal Court in the absence of the City Judge, The following resolution was presented: R E S O L U T I O N WHEREAS, Section 643 of the Chatter of the City of Denton authotizes the City Council to appoint Assistant City Judges to perform the duties and functions of the City Judges and WHEREAS, the City Council deems It necessary to appoint an Assistant City Judge <o handle the judicial functions of the municipal Court in the absence of the City Judge) NOW, THEREFORE, BE IT RESOLVED BY Tit COUNCIL OF THE CITY OF DENTON, . TEXAS) SECTION I. That Sandra White is hereby appointed Assistant City Judge of the Municipal Court of the City of Denton, Texas pursuant to Section 6.03 of the Charter of the City if Denton, Texas, SECTION It. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 20th day of Auqust, 1985, RICRARD 0. STEdART, MA OR CITY OF DENTON, TEXAS ATTEST: CFARLOTTE d, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTC1(NEY CITY OF DENTON, TEXAS BY: Chew motion, Hopkins second that the resolution be approved. On coil call vote, McAdams 'aye,' Hopkins 'eye,' Stephens 'aye,' Alford 'aye,' Riddlesp.~rger 'aye,' Chew "aye,' and Mayor Stewart 'aye.' Motion carried unanimously. 1. i City of Denton City Council MLn•. rs meeting of August 20, 1985 Page Twenty-Three 12. The Council considered approval of a resolution appointing an Assistant City Judge to perform the judicial functions of the • Municipal Court in the absence of the City Judge. The following resolution was presentedr R E S O L U T I O N WHEREAS, Section 6,03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant Cits Judges to perform the duties and functions of the City Judger and WHEREAS, the City Council deems it necessary to appoint an Assistant City Judge to handle the judicial functions of the Municipal Court in the absence of the City Judger NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON* TEXAS: SECTION I. That Janis Flanagan is hereby appointed Assistant City Judge of the Municipal Court of the City of Denton, Texas pursuant to Section 6.03 of the Charter of the City of Denton, Texas, SECTION It. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 20th day o: Auqust, 1985. • RICHARD -S-f.W MAYOR CITY OF DENT04o TEXAS ATTEST: CHA TTC ALLEN, CITY SECRUM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Stephens motion, McAdams second that the resolution be approved. On roll Call vote, McAdams 'rye,' Hopkins 'aye,' Stephens 'aye,' Alford ,aye,= Riddleaper-,er 'aye,' Chew 'aye,' and Mayor Stewart '.aye.' Motion cr_ried unanimously. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel, and board appointments. No ifficial action was taken, With no further items of business, the meeting was adjourned ii'f W 0. STEWARTt MAYOR CF R 1238a r ~rrrirrr mug CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7620! / TELEPHONE (817) 566.8200 August 16, 1985 N1EM0RANDUM TO: Mayor and. Members of the City Council FROM: victor Schneider, Tax Technician THRU: William J. Anderson, Assistant Director of Finance SUBJECT: Approval of Tax Refund RECOMMENDATION: Tax Technician recriimeuds that tax refund be issued. SUMMARY: Chapter 31, Section 31.11 of Texas Property Tax Code requires the approval of the gov- erning body of the taxing unit for reSunds in excess of $500.00. Taxpayer, E. G. Blasingame, has requested a refund it. the amount of $800.04 for double payment of property tax account. BACKGROUND: E. G. Blasingame should have paid 1984 taxes in the amount of $708.00 instead of $1,508.04. Difference to be refundeO between the correct and incorrect tax amounts. FISCAL IMPACT: $800.04 to be refunded. Respectfully submitted, Victor Schneider Tax Technician l ~ William !:person Assists - Director of Finance ~ JV Y t *i.' ~ r5 ibt ilt# P OIY Tex reika APPI,ICATIOI.q FOR TAX " :FUND R#NkAPpboall0n N,1t(11at) • Collecting Office Name- City of Denton Tax Department Collecting Tax For, City of Denton ( ax nq nits) -211SE Hr:ginnev Denton Texas 76201 Address City, State, ZIP Code .r.--.. rr..,w-,........-. r.rr..~.rrr.. ----------r---- In order to apply for a tax refund, the followiny information must be provided by the taxpayer, IDENTIFICATION OF PROPERTY OWNER: Name: Mrs. 9. G am Adttress. 2.0, Box 71 Galena Park Texas 77A47 Telephone Number lit additional Information is needed): S6- )1 Dry IDENTIFICATION OF PROPERTY: Description of Property. - A0027A %IE2 & Un Tract SD Acrrg 20.000 5b/197-2 Address or Location of Property. Nf A 4count Number of Property; 2110-00500 or Tax Receipt Number: INFORMATION ON PAYMENT OF AXES: Nre ie of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 1 2, 19 . City o m 9 84 1-31 / 19 $.5.L. $ 708. 0,i $ • 3, 19 -5-31- / 19 $,k_ S 70jiiia ± X 045 Fr10. 04 /19 S $ Taxpayer's reason for refund (attach supporting documentation): _Duplicate payments made on 1_31-A and A-31-8$. "I hereby apply for the refund of the above-described taxes and certify that the information I have given on this term is true and c9rrect." yr;yl~j'!~'l, S- Signaturb Date of Application for Tax Refund -rrrr--.r-rr--.-..............r.~.. r.... ..-r.-r-rrr-r......r DETERMINATION FOR TAX REFUND: Approval , Disapproval Signature of Authorized Officer Date Signature of Presiding OHiccr(s) of Taxing mate Unit(s) for refund apphcallons over $500 Any person tvhomakelafalseentry upon the foregoing record shaifbesub(edloon#oltheblloMngpenallics; 1, imprisonmentof not more than 10 years nor less than 2 years and/lit a floe of not more then $5,000 or both such One and lmptisormenh 2. confinement In lilt for a term up 101 year or & time not to exceed $1,004 0► both such tine andimprisonmenl as set forth In section 37.110, Penal Code. Woo N'1 30 COLLECTIONS Yarrow i MAKE CHECKS PAYABLE TLI MARE CHECKS ►AYA Sll TO CITY 00 OENTON TAX OIPARTyEN, CITY OA DENTgN TAX DEPARrMENr YOUR CANCEttID CHECK IS YOUR AECCPT A TAX VA ACC"T NUIpGI TAXYA. 2 00=0050 ' Sea Cllr, i,~I s, , F . , A glassin amino NAVE T 708 , ca TAX DUE AX PENALTY PENALTY TOTAL TOTAL 708.04 , I E.G.Blaaingame YOUR CANCELLID CHECK BOX 71 S YOUP RECI K! CAleaa Park,tsxas 77547 S,GL OoS~O'D PLEASE AETUAN THIS PLEASE RETURN THIS STUB WITH PAYMF!jr STUB WITH PAYPrrNT 1 V I ~ a WV of DENr0N, r&XA8 MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPNONF. (817) 566.3200 August 26, 1985 M E M O R A N D U ,M TO: Mayor and Members of the City Council FROM: Victor Schneider, Tax Technician THRU: William J. Anderson, Assistant Director of Finance SUBJECT: Approvaa of Tax Refund RECOMMENDATION: Tax Technician recommends that tax refund be issued. SUMMARY: • Chapter 31, Section 31.11 of Texas Property Tax Cc de requires the approval of the governing body of the taxing unit for re- funds in excess of $500.00. Taxpayer,Nowlin Mortgage Company, has requested a refund in the amount of $678.31 for a double payment of Roger Ditzenberger's City Tax Account #7189-0.300. BACKGROUND: Nowlin Mortgage Company paid these taxes in error. The owner, Roger Ditzenberger, also paid these tares in split payments. Mr. Ditzenberger, should have paid taxes in t.ie amount of $678.31, instead of the combination of payments by Nowlin and Mr. Ditzenberger in *Che amount of $1,056.u2. Difference to be refunded between the correct and incorrect amounts. FISCAL IMPACT: $678.31 to be refunded. Respectfully submitted, Victor Schneider Ta ITechnici n .r 'William J Anderson 'r Assistant erector of "inance r Rode Property tax Beard , APPI; CATION FOR TAX RMnAppNiNn s1.11(41 afri :FUND Collecong Office Name:..-City of D,~to Tax Deenrtmellt Collecting Tax For..~ScLLY,,,2f Denton - (Taxing n 21,5 E. MoKiritw~M, Denton. Texas 76201 Address City, State, Zip Code •rrr rrrrwrrr.~~~~ M.rrrrrrwr,...rrrr.rr rrrr..~ ~ri..+r r~.rr..rrrrrrrr In order to apply for a tax refund, 0t, following information must be provided by the taxpayer. IDENTIFICATION OF FROPEATY OWNER: Nsme: Nowlin Nort¢aae Ca_,Jfor Roger Ditzenberaer Address: P.O. Box 350 Fort Worth. Texas 76101 Telephone Number (il additional Informago6t is needed):._._ IDENTIFICATION OF PROPERTY: Description of Property: _Southrid>ze Block 32. Lot .13 13 2032 ,J XcGowan 797 Address or Location of Property 2156 Savannah Trail Denton TekZ9 3201 Account Number of Property:.. 71g 1300 or Tax Receipt Number: INFORMATIC`I ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of T ix Refund Is Requested is Requested Tax Payment Taxes Paid R uest eq ed I. canton 19 . $4._ 1V/ 10 84 $ 339.16 i 2. 19 . _ _01-98/ 19 i 678.31 S - 678 31 3. 19 _ _ t1°_2$/ 19 U- S ._332. 15 $ Taxpayer's reason for refund (attach supporting documentation): jgwj19..%Irotaa¢e paid taxes on this acs in rror The owngr also pd. taxes in split pmts, We are reaues ins OUX--nay_ for thp 1.09-85 p[nt.: See attaithed_copy of tat. ) _ " I hereby apply for the refund of the abov"oscribed taxes snJ certify that the Information I have given on this form is true and correct:' Signature Date of Applicedon for Tax Refund ~.~r rirr•rr rr rrrr._r..... err«rMrrrrw. r. r r r r r r r. r r r r r r r r r. r .rrrrrrr DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized OfficiIr Date Signature of Preslding Officer(s) of Taxing Date Unit(s) for refund applicador►s over 5500 Any penba who makes a false srrry upon the foregoing record shell be sub)ec1 to one of the following pensitlee; 1. Impooonmenl of not mss than 10 yeen nor leaf then 2 yoarA and/or a Iln$ of not more than 11,000 of both such One and ImpAu!Rmeni: 2. C046A menl In IAN lot a term up 1011431 nt a Ape not le exceed 12,000 of both such fine and Imprleenntertt see set forth W 1114411en 31.10, Final Code. 01000 H N 31 COLLECTIONS •r r .b,'y 'r: c y'r0.+ 7 T tiF~Cj~PYJ:1 ECO~Y 40 CITY ---....w., OF OF DENTON DENTON • Phone 382•0601 21$ E. MCKinney Phone 381.9$01 216 E, McKim Oan _ ! ~ ~t 19 .~arl~l9 A•eHHd Oat* I4= ' A•nivd -9aA„tQml --P# Int►nt ~p~Ym/nt of City Taxes for the Year of City Texn for the veil r4 on property described on on property detuibad on III origlIV Tax Receipt No, J original Tax Receipt No.r PAWMEIR-T (N UL P AYMENT IfULI of City Taxes for the Year of City Taxes for tho Year on on Lot Block Lot Block Credit Credit Orlgina! Receipt No, Original Receipt No, i ArealvW ►aym#At for City of Osman, T•. ` AerNvW /•yrrwM ►a CITY o104066, T•r•• City Conxta ~Cary CWI•enr By _ BY It1r/1[N w/IM■// /•~y/, rwty •~\rw•Nw USA •w /IHtIHI NUMBER 31635 NUMBER 36438 I v'i v MAKE CHECKS fAYASIa TO CITY Of MINTON TAX OVAM MLNT ACCOUNT NUMfI[11 TAX YR. "7Z'8a=lfT3Zfl. y NAME • L TAX m 6 PENALTY _ avv TOT ~r r...~ 27 g 678•Ji u IOVX CANCElttO CMtCX w... PLEASE AETUAN THIS STUB WITH PAYMENT a" N iv .v...~xs c . FIT '1, 7 i'17 • NOWLIN 4ORTGAGE January 14, 1985 City of Denton Tax Collector oil; Munic4;a1 Building Denton, Texas 76201 Attni Mark Schmidt Rat NMI,' 09-10.52987 troud 211,2 SaPannah Trail Denton, Texas Lot 12, Block 32 SouthridQ9 Add, Dear Hr, Schaidti Enclosed please find the 1984 paid tax receipt on " Lot 131 Block 32, Southridge Aed." that was shown as Mr. Strouds property incorrectly by the appraA,sl district and on which Nowlin Mortgage Company paid the tax in error. Nowlin Mortgage has also paid the taxes on the correct property, which is Lot 120 Block 32 Southridge Add, Please refund the amoua t of $678,31 to Nowlin Mortgage Company to return to the escrow account of Mr. Stroud and bill the correct owner "Mx. Dritzenber" for this tax. Should there be any questions, please contact me. Very ly yours, z4U Louise Copelan Loan Tax Dept, /lo Encl. O. IOM ,110 . PM *O" rt+W 1et014010 L ~ ~~tr~ Lyyypp I'AT1 S III I.L...I r 4 r'1 ! „l ,GOOF IIEI'ORb flv t~U! It ~Al NO 1+11!1, ..rn•~t _ CUhk , ZubL'4~•'~~~f r••)',. }~~1.~/ltllti.lq ~v~•~_~{~~'"~}j.~~~• 1 g ~ • • 02 99 0?2 427GbD 90 07•f0•!0G]1 Il ~OI1•e4 pJD[ 61[RCy! 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'02a 2]x508 - S SS~~g=48995 "'~2-$I=81' lls-~ELSON 287' x57 •SC14001 739d07830007nLT~ _ .69.31 022 099 D77 2226588 ~}0 009.10.49969 f?•o`1`•geg1 AM ►E~IIENEyySIIDER 7789 778y gSCCIIOUI 7]9464gf8VUU7RLIY 49 09 "`977'SS9""° 575 552588 -_..50._.85•iS=S 910" ~7=Ot=0~ .5 .SlA1(q _471 ~03 SCIIOSl 179eA71~0007fR711Y _ _ ~7~57 1 1.457.52 ~ 1r ~JIICNRABfiIT RD PUQ.~_. C/0 M11EfllR_6 4550C, __e975 OARNET 1110 IIOUStON - 1R 7709] 925 667 975 22?509 50 09.10.78709 12.01-91 Yfl M1+ITMIRE :072 2072 U11L[TY 010.7.029.0150 211.50 111.50 °D.il[A3'CITY'b'15Q_. _ TAII'COLtECiOn '.__'_".1500 NARILIA`___..___ OALlAS ..._~TR 75741 ~ _ 07 0Qll 2__222590• 50 07- p 1'716 2-0 pp L ``Awl R ?0 0, 0 cc tY/ssCNI gsrrA EMEN1ss -_0]7-' S7`-`572 x22590 "c0'"07•~5~17715 `~a•0~"B7"`l~"IAwL~q'""-'-2050 7~OS"`C~TY)SClll _ 7 S1A7EMENTS'_ .-.__.,2~~•55 -I p9327 367 0 2 ?779p90 60 00p.10.4p2112 12.01-e EO STIL NOYICII 1084 8044 cC`ITTY/SSCCNI 2 STAtEEMENtgS D1U~ l,~xr:ep21 077'87-_57__772590.'. SS"'57~~0~l55~0" 17:$I~~~--,~0 SfII~NOVICN 508...1258 `CITY/St~1~ 7 51391M541~88~A+r.' 77~~90 7 a5 J- ti:7 w 1 ~ ri 077 eegel p972 222990 yy60 0p9.10.65g52796 12 •U III .91 xxJ HsAIRgyI{SON 1186 180 CCt7Y/SStlll 2•e?2??0244.884 894.10 ---577'i5~`-937-'777595"""55'"5g:7S=SS550 -~7=01~8~ "'Nt'NAAONSON_•_.Tt89-"959."C~!Y%SSlft` f•66220018.6~~ --57~i59 0[NTON 4.877.e1 __-.•~__CI1,Y 7Ali COIIECTOq vJrflClfyAl_BUIIDIMO_ -_.DEMION__ ___.__y_fA 762~:_,~___ r _ ~Si ~~~'SSe`772~J0~'"'" $0-$9=i0~570~~'-~+~:8~=t3-~`T~ e~~DUD~'"-" 750..,•CITY OS7pT!•00700Y 757. Se ~05e eel 056 272901 60 09.10.02967 12.01•e1 Jl STg000 '200 1240 C~~T ~ -~--e9TM0 3~~TEMENiS_-_'___ Q',4 - 2+201_.09.• V • i 1 ~ r ) . i ~ h r 7; J sd ' fill •r ~ . ) yr' , 1.' . TAX STATEMENT YOUR TAXES ARE OU£ OCT09EA Cr. J, fknrn. f , 1ft AND BECOME OELiNOUENT FEBRUARY t!t SEE REVERSE / p,,.: f;;:. :}~;A SiCE FOR PENALTY AND I EST DETAILS Nr.r+t '•••f•~ S .,f PROPERTY OESCAIPTION , / r= j-yj / ` i► 171 I. ACCOUNT 1 g€R ,...-.-sAfj vet./•t t't..•'~...,+'~. r 131203~1111 ! "L 191 LOCATION ASSESSEO EXEVPT I 'AAADA y`At ut ray q r i•r. rl r. Vr•.'4 1111 / 1 r 4 SUAYirOA :'Kf APPRAISED TAA RATIO cS ALTV • 1 JU TOTAL r .1;031 J~3:: L S JAOUO `i , 21 2 ';AVAN:4AH T14AIL ' f . !x7odJ1 '.!}r >r 1 -4 IrF 7. In upprcctution of dllt3>f ItAld+sirr6" NNSRI,tl, Q. Chris Nareung served ae the city Manager of the city of Denton, rexae from Septeaber, 1977 through August, 1913, and MNSASAS, Prior to that time, 0. Chris 849tu49 Carve AS Assistant City Manager for the City Of 04rlan1, rexae from hbruaty, 1970 to September, 1977p and AS Assistant City Manager and rlmace Director for the City of White Setelaaent, *exas from Marcb, 1969 to rebruary, 1970) and vNSRS,ti3, since 1977, when Of Chris Nartung commenced his service, the citizens have seen the dramatic lavrease in the G ty's vaeee and sever facilities, the construction of A central fire station, a police adslaistration building, a service center, tvo recreation centers, A senior citisan cantor, an animal control Cantar, As well .e the improvements of manv city etreees► and WASALU, during his tenure as City Manager, 0. Chris Hartung has served above and beyond the were efficient discharge of hie duties in prowting the welfare and prosperity of the elelsens of Denton and has gained the reapert and admiration of his colleagues, associates sad employees) and wass'.S, although the city munch regrets the loss of such a valuable official, we recognise that his new position vith Ralph Andersoa AM Associates is an unliselted and challenging professional opportunity) Now, rBSAsrms, the city council of the city of Denton viahes to acknovledge with sincere and grateful appre'214tion the service of 0. (!iris martung and the tireless devotion he has given to the office of City Manager and does hereby order this Resolution to be made a part of the official minutes of the Council, to be a permanent record of the Ci!v and that a cosy be presented to 0. Luis Nartung as a token of our appreciation, pAJSso AND Apmovsa this the !td day of September, 1913. 1 s AlWAD o. JrsYIARl, MAMA . crr or DaN~N, raxAl r , MARX As CxsN MAraR PRO raM J-08 Q. ALFORD, Q7U11CU MJMJsR J, W, R1DD14SPSRC6A, a(rodi XR RR RAY JrsPNdNJ, 0..WNf1L Mf.'fl?R w CWLrl NOPXINI, GDUNCIL MSMISR UNNIS It AMJ, COWCrZ RsMJSA Arrs3le { ampit-rrr ALLEN, QYY 1satS?ARY rtrr elf nrV"IV VwlA, i -'T. 7.1 Ti?~3" r1 _s If+ N CITY COUNCAL ltd RT ORMAT WOWS TOt Kayor and Kembers of the City Council • rROKt Rick Svehla, Acting City Manager SUBJRCT% HOLD A PUBLIC HRARING CONCRRHING THR PRTITION Or THR CITY OF D6NTON FOR ANNRXATION OF APPROXIKATRLY 160 ACRIS BRING PART OF THR BBB AND CRR SURYBY, ABSTRACT 141, AND LOCATRD NORTH Of FK 1173, SOUTH OF BARTHOLD ROAD, W,: T OF iH-35 N, AND RAST OF NASCH BRANCH ROAD AND THR GC g SF RAILROAD (A-24) RSCOM&NDATIQKt A Planning and Zoning Commission recommendation will be forwarded at a future date. SUMKART: Residents of the area in question and staff are concerned about develtpment patterns and possible environmental impaots. Some limited development is underway and cisting land uses inoludes auto salvage business and similar unattraccive commercial ventures. BACKGROUND: PROGRAMS. DBPARTMBNTS OR GROUPS ArrRCTBD: The Citj of Denton Public Utilities Board, City Bnginspr, Planning and Community Development Department and some area residents have expressed concerns about existing and potential land use conditions of this area. Properties and land uses that are partially in the City or included in this proposed annexation included five (5) single family residence, Port-A-Stall, Poster's Western Year 6 Saddle Shop, Dozier Cabinet Yorke, 1,' 6 Y Auto Salvage, Border Cowboy Truck Stop, Howdy Doody Grocery, Cunningham's Photography Studio/residence/mini- warehouses, commercial building aonstructicn and a former golf driving range. FISCAL IMPACT: Undetermined 1 P.ee ctfu ;oubsryLtto . 1'repared by: L~ Rick Svehla, Acting City Manager ~ t`11 _ ~ atl k Y~ tbtTr David Rllison !'senior Planner approve i ~etf Keyer Dlreotor of Planning and Development 08tts ~ A~"n'~'. 1 3 SY M F R 7 :.y g • CITY COUNCIL, AGENDA BACK-UP SUMMA&Y suFM MEETING DATE: September 3, 19$S SUBJECT: Hold a public hearing concerning the petition of the City of Denton for annexation of approximately 160 acres being pact of the BBB and CRR Survey, Abstract 141 and located north of FM 1173, south of Bacthold Road, West of IH-3S N. and east of Masch Branch Road and the GC and SF Railroad (A-24). SUMMARY: Residents in the area of property described above have expressed concern about existing and potential development and land use patterns. Existing development along the City's SOO toot strip includes: Bordec Cowboy Truck Stop, Howdy Doody Grocery, Fostec's Saddle Shop, Dozier Cabinet Works, Cunninghamis Photography Studio and Mint-Warehouses, Port-A-Stall Factory Outlet, and W & W Auto Salvage. Tne City of Denton Public Utilities Board has also recommended that the City Council consider annexation of this area after reviewing problems associated with the Bocder Cowboy Truck Stop sewer system approximately two (2) months ago. The Border Cowboy Truck Stop sewer problem has been resolved tot now, but environmental concerns remain with respect to this general vicinity. The City Engineer and members of the Planc►.ng Department have met with the owner of p-operty between Barthold Road and FM 1173 which was formerly used as a driving range for goiters. The property owner has stated that it is his intention to develop mini-warehouses and similbr commercial uses. Little or no regard for City Subdivision and Land Development Regulations was shown during discussions. The City Engineer is particularly concerned about stated plans to alter natural drainage patterns. A site visit has revealed some development activity on the land in question. City of Denton regulations governing property in the extcatecritorial licisdiction may not prove helpful it actual subdivision of land does not occur, It is also impossible to prevent futthec development of T~ unaCtcactive commercial land uses such as auto salvage yards without zonin;t control, 1 V ! +l City Council Back-up September 3, 1985 Page 2 SUMMARY Annexation and control of land use through (Continued): zoning will have little effect on existing conditions if tcaditional non-contocming status remains in effect. But again, it appears to be the most expedient and forceful method available for monitoring future undesirable land uses. The relative proximity o!; this area in relation to the existing city limits (Soo foot strip from center line of 1-35) appears to make it a good janditate for annexation when such factors as impact of land uses on the City of Denton and availability of City services is considered. ACTION REQUIRED: Hold,-:a pubiic•hearingo EXHIBIT: Nap r • David Ellison Senior Planner 08179 „a ♦ G h r r PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENT01- TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body o: 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 he installed as the need therefore is established by appropriate study and traffic standards. B. Fire (I) 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 %ity lines on the effective date of annexation, and thereafter from new lines as extended i:. accordance with article 4,09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection . (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, '•L. 1 a. V •?t ( r .V t. Y .1Y.j« 'r'' 1 .~1 iG .t MI Service Plan Annexed Areas Pago 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 name 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 mayor improvements, as the need therefore is determined uy the governing body, will be accomplished under the established policies of the city, G. Inspection Services (1) Any inspection services now provided by the city (building, Electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. • H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc,, on the effec- tive date of annexation, The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric C'.itvibution • (1) The city recommends the use of City of Denton for electric power, w,,. Service Plan Annexed Areas Page three a L. Miscellaneous (1) Street name signs where needed will be installed 1 within approximately 6 months after the effective date of annexation. J II. Capital Improvement Program (CIP) 1 The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- ] lines as: i (1) Demand for services asj compared to other areas based partly on density of population, magnitude of problems compared to other areas, established i technical standards and prufassional studies, and i natural or technical restraints or opportunities. j (x) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning to the ~ upcoming C;iP plan, which will be no longer than one' ne year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. a fic~ e 111iR001 1 Al 60 1) 8, t or y, iE O t 1 0,4 wjL JO ~ r. r ':r• + . + ~ as ew • 1 . r r InN n Ir .l aPd: ~cc ' a ra r~ ~ ' ■Yrglob 1 RO . ~ .f ! 1 C ! E~- • 9611A Flo ►A •y0 or - rr'on rs'frr~ ► I 1 ~ ~ • f / • `_'AI~sJL • ZT~f~ >pt ~s rY n : * • i{ 1 , , I a All &IT Ilk 4 Rd. F s t uDktf Arac. vi - ~m KRUM (,P AS4 06 4b 14 ~ . ~ ~ • ~rri ,l • • I mom • 7' Jl 9{ , 111 • K~ 1C•q,j f}C _ i . ~1 low IPK Rob . - Vv I t a. lod V If I ""'k 1 ' • , c I$. R4 r it a r^ ant . tA# ' ► 1 ! .4 • 4- "'~t rY s r r r5 . .ujr .7 ,1•YZr f .Y.. tt , rvr vy^., h:. ry.; kt t . rr i r A-24 ANNEXATION SCHEDULE ® August 12, 1985 Submit City Council agenda item Auqust 13, 1985 Submit city council agenda back-up August 20, 1985 City Council sets date, time and place for public hearing August 21, 1985 Notice to Denton Record Chronicle August 23, 1985 Publish notice and mailout August 26, 1985 Submit City Council agenda item August 27, 1985 Submit City Council agenda back-up " September 3, 1985 City council holds first public hearing September 4, 1985 Notice to Denton Record Chronicle September 6, 1985 Publish notice and mailout September 9, 1985 Submit City Council agenda item September 10, 1985 Submit City Council agenda back-up . September 11, 1985 Planning and Zoning Commission makes recommendation * September 17, 1985 City Council holds second public hearing September 23, 1985 Submit City Council agenda item September 24, 1985 Submit city council agenda back-up " October 1, 1985 City Council adopts ordinance and service plan instituting annexation proceedings October 4, 1985 Ordinance to Denton Record Chronicle October 6, 1985 Publish ordinance November 11, 1985 Submit City Council agenda item November 12, 19PS Submit City council agenda back-up " November 19, 1985 Adoption of final annexation ordinance and service plan by City Council * Denotes action by the City Council 09649 `m o ~ ,'hiy~ a '5 PAT .t 9/3/85 CITY COUNCIL REPORT rom Tot Mayor and Members of the City Council • FROM: Rick Svehl.a, Acting City Manager 46, **H9 SUBJECT: Hold a public hearing concerning the annexation petition of fikrAn Development Corp. and the City of Denton for a tract of land approximately 117.5 in size lying in and being a part of the B. Merchant Survey, Abstract C00, the C. Chaeon Survey, Abstract 298 and the S. Venter Survey, Abstract 1315, Denton County, Texas, and beginning at the southwest corner of FM 2162 and Hickory Creek Road. (A-27) RBCOMMBNDA►ION: The Planning and Zoning Commission will make its recommendation at a later date. This is a joint petition between Atkman Development Corp., requesting voluntary annexation of 62.474 acres for a proposed 257 lot SF detached subdivision, titled Denton Manor tstates, beginning sijacent and south of Hickory Creek Road and adjacent and west of FM 2181 and north of Old Alton 8states, and the City of Denton, requesting the involuntary annexation of the adjoining approximately 55 sore tract to the east. BACKGROUND: Adequate City of Denton utilities are available for extension to this site. A final plat and possibly change in zoning request from agricultural (A) to single family (SF-7) is anticipated on the 62 acres owned by Aikman Development Corporation. PROORM, DZURTMBNTS OR GROUPS A!F%CTg t Approximately two single family residences are located within the area proposed for annexation (involuntary portion). FISCAL IMPACT: Undetermined Res c ~fu y sub tte : Prepared by: Rick "vehla Acting City Manager Pal ricia Ryan,,'/ Planning Intrn Appr ed Jeff Mey Director of Planning and Development 12094 CITY COUNCIL AGENDA . BACK-UP SUMMARY SHEET 14EETING LATE: September 3, 1985 SUBJECT: Hold a public hearing concerning the annexation petition of Aikman Development Corporation and the City of Denton for a tract of land approximately 117.5 acres in size lying in and being part of the B. Merchant Survey, Abstract 800, the C. Chacon Survey, Abstract 298, and the S. Venter Survey, Abstract 1315 and beginning at the southwest corner of FM 2181 and Hickory Creek Road (A-27) SUMMARY: Dunton Manor Estates, a planned 257 lot SF-7 subdivision on 62.474 acres, is proposed on property beginning adjacent and south of Hickory Creek Road, and west of PH 2181. An adjoining 55 acres was included in the annexation upon City Council direction The City Council was interested in development potential o*_ this area when the annexation question was discussed on July 2, 1985. Since direction was given to begin the process for this parcel, a voluntary annexation and zoning petition has been submitted for 60 acres on the north side of Hickory Creek Road. UTILITIES: The Utility Department has reported that an existing ^ity of Denton 8" water line has sufficient capacity to serve this development. Sanitary sewer service is proposed from a 10° City of Denton line that must be extended approximately 3,400 feet to the Hickory Creek lift station or from an existing 101, line along PH 2181. Typical 811 sanitary sewer and 61, water is proposed for internal service. Perotesion to be served by the City of Denton utility system must be approved by the public Utilities Board, Planning and Zoning Commission and City Council if the property is not annexed. Gas service is available from PH 2181. Telephone service is available from PH 2181 and Hickory Creek Road. Electric service is from either the City of Denton or TP&L. TRANSPORT.V&ION: Hickory Creek Road is presently designated ds a secondary major arterial (80 feet of right- of-way and 4 lanes ultimately on the official thoroughfare plan of the City of Denton.) i City Coud6li gacx-u $eptember 3,196% Page 2 TRANSPORTATION (continued): The City has discussed designating Hickory Creek Road as pact of the Loop 288 system as opposed to Ryan Road. The owners have been informed of this possibility and asked to consider larger than required setbacks. Right-of-way dedication cannot be required for Loop 288 at this time and j no setbacks beyond the 25 toot minimum are being provided; right-of-way sufficient for a secondary major actecial is being dedicated. Fifteen feet of eight-of-way is being requested for FM 2181. Staff projects that the entice cow of lots (ton) abutting Hickory Creek Road will have to be acquired for right-of-way it conceptual plans for Loop 288 become a reality. Sidewalks ars cequiced along Hickory Creek Road for a distance of 858.88 feet and FM 2181 for a distance of 553.73 feet. ACTION REQUIRED: Hold.•a public hearing. ATTACHMENTS: 1. Map 2. Reduced plat J r~ ~1r,~T 1 i►~.lfl~~ r1 David Ellison Senior Planner 08888 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 Ce 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 fallowing plan of service: T. Basic Service Plan A, Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will he provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed S as the need therefore is established by appropriate study and traffic stanuards. 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 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 (t) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc. will begin on the effective date of annexation. (2) Routine maintenance in 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 citi. G. Inspection Services (1) Any inspection services now provided by the city (build4ng, electrical, plumbing, gas, housing, sanitai,ion, etc.) will begin in the annexation area on the effective date of annexation. H, Ilanning 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 c%T 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. O F ~ % • r ~ ~ ~ d ~ ~ • ~w ~ , sal ' i y . lk 0-6..01 ` • ~ tip, ~ \ 11 , 14 Subject Site 11 ' voluntary - - I involuntary 'I ✓t N_ . It , , • p' aM fdw . N .,...•,r; -~•...1 . ERR-►4~i ' M 1- 2 I 1\111 `IL•11 N/IN ~ ~'i 111 411 • \ U•W LILY \ 1 y Mlilr //III< M►•0/ M N► 11 • • fIl'11ff r0/1f11 •A01 N110 ~ 1\V NtrW 11•I { / ,1141 1 , i W 1••1111 I M W t•M. • Y A ! { r 1. • o w • w r r 1. • ► .11 • ! M • I. • I • 1 1 . r • I ' • • N • / N I I It 41 4OIY M r• MIAMI 1 N• • r 1 r j, • Vr ••IMI Il/t 7\N/II.1/ 1•H III/ M1M 1 IIIM • . , 4 / ilp. 00 1 'nl'n' 1 1 1 I • 1 1• 1 1 YMIrM1 r , is. No" on 1...11 L• r r A-27 ANNEXATION SCHEDULE August 120 1985 Submit City council agenda item August 13, 1985 Submit City Council agenda back-up " Auguat 20, 1985 City Council seta data, time and place f'or public hearing August 21, 1985 Notice to Denton Record Chronicle August 23, 1985 Publish notice and mailout August 26, 1985 Submit City Council agenda item r' August 27, 1985 Submit City Council agenda back-up " September 3, 1985 City Council holds first public hearing September 4, 1985 Notice to Denton Record Chronicle September 6, 1985 Publish notice and mailout September 9, 1985 Submit City Council agenda item September 10, 1985 Submit City Council agenda back-up . September U, 1985 Planning and Zoning Commission makes recommendation " September 17, 1985 City Council holds second public hearing September 23, 1985 Submit city Council agenda item September 24, 1985 Submit City Council agenda back-up " October 1, 1985 City council adopts ordinance and s;rvice plan instituting annexation proceedings October 4, 1985 Ordinance to Dentoc. Racord Chronicle October 6, 1985 Publish ordinance November 11, 1985 Submit city council agenda item November 12, 1985 Submit City Council agenda back-up " November 19, 1965 Adoption of final annexation ordinance and service plan by City Council . " Denotes action by the City Council 0964g W 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, e uipment supplies or services in accordance with the procedures o state {aw and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the 1^wast responsible bids for the aaterials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS$ the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the oaterials, 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 expec:ditures of more than $3,000; and . WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the ex enditure of funds or for the contracting of indebtedness shall be by ordinance; NOW,, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials equipment supplies, or services, shown in the "Bid Proposals?, attached 6retoI are hereby accepted and approved as boing the lowest responsible bids for such items: BID NUMBER iTE14 NO. VENDOR AMOUNT 9490 ALL HURRICANE FENCE COMPANY $ 21,151.32 9491 ALL WHITMIAE LINT;: CLEARANCE lW $ 10,000.00 9492 11 A•TEC NORTH $ 11,996.95 9492 s_12 DAVIS UTILITY COMPANY $ 16,450.57 9492 13,4 UTILITZ EOUIPMENT COMPANY, $ 330188.86 I 9495 ALL I.T.T. r $ 17,182.55 9499 ALL SCOTT I PILL CCMFANY $ 18,240.00 9503 ALL GROUP OPAPHICS $ 13,W250_ r 9504 ALL CAAUTHEAS, LUCKY LADY,REEDEA 966,66, ,00 alllions 9505 ALL INDUSTRIAL INTEANATIOVAL fNC.$ 5,940.40 77- CONTINUATION SECTION I. 81D NUMBER ITEM NO. VENDOR AMOUNT 9506 ALL BROOKS MDUCTS a - ..00.00 9460-A ALL METRO BOBCAT _ '.L533 s SECTION 11. That by the acceptance and approval of tt.e above numbered items of the submitted bids, the City accepts the offer of the persona submitting the bids for such items and agrees to puzchass the materials, equi ment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid IovLtations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted !tams and of the submittad bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated rspresentative is hereby sutl.orized to execute the written contract which shall be attached hereto; provided that the wriren contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal :nd related bid docuaeata herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bi.ls the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with th, approved btds or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immcdistely its passage and approval. PASSED AND APPROVED this ~3 day of 3eptemoer , 1985. RICO'," 3TEWAt'1 CITY OF OENTON, TEXAS ATTEST: CMMUTTE ALLEN CITY SEECREMY CITY OF DFNTON,oTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHO CITY ATTORNEY CITY OF DENTON, TEXAS By, pars 9 Date: 8/27/85 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehia, Acting City Manager SUBJECT: BIDY 9490 CHAINLINK FENCING RECCM~,t~DATION: We recommend this bid be awarded to the lowest responsible bi in d 30 der od days. Fence Company in the amount of $21,262.62 with completion SUMMARY: This b!d is to complete the security fencing around the new 1 na drill, replace the security fencing around the Wastewater Treatment Plant and relocate some fencing and gates at the old landfill as per our agreement with the City of Cross Roads. ACK t See TabulLuion Sheet. PROGLAM19 DEPARTMENTSOR GROUPS AFFECTEDi Landfill operations and Wastewater Treatment Plant. • FISCAL IMPACT: Solid Waste Landfill Bond account number 631-002-0803-9138 for 13,268.37 and Wastewater Treatment 620-008-0470-9106 for $7,994.25. Respectfully submitted: ~J 41 ?-00~,,~ Rick Svehla Acting City Manager repared y: Tom D. Shaw, C.P.M. Assi.,tant Purchasing Agent Approved: ohn'- rshal1 C.P.M. ~,drrcha ng Agent IID TITLI;~~AIrLL7t~K_E>~IGINSI~_________ HURRICANE LONE STAR 1PENEU FENCE FENCE, 8/8 85 2 r00 txn %CCOUNT 0 TY. 1TEt~ D~SCR.l jON__~, VENDOK -VENDOR, VENDOR VENDOR VENDOR VENDOR VENDOR 1 MOSLEM ROAD LANDFILL FENCE 4,323.45 5,134.68 2 EDWARDS LANE LANDFILL FENCE 8,4wj.44 9,881.60 3 EDWARDS LANE GATES 599.48 600.00 - 4 WASTEWATER TREATMENT FENCE 49004.25 6,182.00 _ .11Dt?1~9~E1~ ~451`i~Lt~9t~ired! 3n.31 20.00 ADDITIONAL POST(1f r -naiirail._~ 15.bti 6 _ WASTEWATER TREATMENT AUTOMATIC 3L 90.00 4,497 00 GATE TOTAL ..1262.62 26s315.28 COMPLETIOL IN DAYS 30 days 30 days Date: 8/27/85 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUB„ECT: BID# 9491 BRUSH CHIPPING OPERATION AECOKMWATIONi We recommend this bid be awarded to the lowest bidder of Whitmire Line Clearance in the amount of $26.14 per hour. Total award not to exceed $10,000.00. SUMMARY3 This bid is for the chipping and cutting of brush and wood delivered to the Landfill site. The chips generated will be used by the Wastewater Treatment Plant in a composting project. The fire wood will be sold and brush and trees will not be consuming val!:able Landfill space. BACKGROUNDt See tabulation sheet. 1 PAOC3iAM, DEPARTMENTS OR GROUPS AFFECTFDt Landfill operation and Wastewater Treatment Plant. . FISCAL IMPACT: 1984-85 Budget Funds Wastewater Treatment Account Number 620-008-0470-9106 R e ~ ully submitted: ,/y L V Reck Svehla Acting City !Manager P pared by Tom D. Shaw, C.PIMA Assistant Purchasing Agent Approved: n J marshall, C.P.M. Urch sing Agent nrr, 'CITI,Ii_-_11RUSIr g IL'PINO OPERATION - TREES, NORTHEAST 0:'ENED 8/8/85 INC. SERVICE. COD13 111,1111E N1I[?MIRE - 2 rOO pm TREE TREE INC. SERVICE. SEVIfI; 1,111E ACCOUNT a~_.w-_ CLF..1RANt,E BRUSfr CHIPPING per hour VENI>vaa V[;111fOR - - 35.00 VEND_ 45.00 NO 8Ib _--f No 1311) Cutting, Splittin `•"a 8, Stacking - - 1 REWOOD_ 35.00 42.00 FIREWOOD- " j .Cor 4__ Hiner I X04 _ _ _ r' r~~y_~-a..a_,•r r.r-'~-~~.-_. _ +r-_ _r.___ •.•'•_'a _a. __._r~~a._.-___ r_.`.~_a~r _.r__. _a_..r_. r......__ _._._a~Aa..__r. r_r.a__r_r_a ___-••-a~"-+-.r _.~.a._.__._•... _'..-r-a...... r.. .ar ._._r._ r ' r ~•w_.__ _r_rr_ r._ar.- r.-r-' _r__.r..a._ _.r_... r. r _-~w_~_+r. r.-+..a_r. ` .__.__-_•_a•_-... .a_.. _,_._._a.r_ + ` r._.. .ar w..a _.ra._r _.._•rr ..a •--'---.r_a. w. ....+..•r ra ~_W __.arr. a.s w~a___ , r__a _.._.r «a a.+_~_.a r_r. -a .n.u._a rai_ ._•.r...._..wr __-wa rir._.. r.r."r_+_. .+..w •_•rr'rr.+.a__ rr._._ _ •_+r.._ VJ. n_._.a _a.... _.r a`+r._.ra .•..•___._-ra_._r_ wwar._.__ _..r.. a+a ar • _...-a_..a ••w_-.a_ -._r_.___. a__. -.r_.r r.._...__..ra. Y DATE: 9/3/85 CITY COUNCIL REPORT FORMAT TU: Meyor acid MemUers of the City Council 111(wl: Rick Svehla, Acting City Manager SUiiJBid 9492 Installation of Digger Derricks RE1011ILNOA rlON tw racommemd this bid be awarded to the lowest responsible bidder as follows: Item i to A-Tec North in the amount of 11,996.95 Item 2 t., Davis Utility Inc. in the amount of 169450.67 Item 2 to U.E.C. In the amount of 782.35 ea, total 1564.70 SUM M AR Y: Item 4Yo U.E.C. in the amount of 1105.92 ea. total 32,224.16 This bid is ror the installation of digger derricks and rock augers on the two line body trucks currently in use by the Electric Distribution Department. NA ItUUN0 Tabulation Sheet PRUURAMS, UEPARTINIENTS OR GROUPS APPEC'rGU: Electric Distribution Vehicle Fleet FISCA L IMPACT: 1984/85 Electric Distribution budget funes account 610.008-02520-9232 Re ully tiboiitte-!: i ve Acting City Manager P a red • .7,Wn o Shaw T3iie Assistant Purchasing Agent Approved: ter"`, 10, tti~i+ 4 n Marsh dli t ify/ Purchasing Agent U TITLE Digger Derrick Cononercial Thrust U.E.C. Davis A-Tec Body Utility Utility North IPENED 2PM 8/8185 Inc. Rccoun #610-008-0252-9232 IOTY, ITEM DESCRIMON VENDOR VENDO VENDOR VENDOR VENDOR VENDOR f VENDOR_ 1 1 2 speed Digger Altec Line Body NB 12,907.10 17,111.73 NB 119996.95 1 2 speed Digger R.O. Line Body NB N8 17,111.73 169450.67 N8 3 2 9" Auger NB 1041.8'3 782.35 1528.10 885.60 1 2 f 18" Auger NB 1524.24 1105.92 2360.48 1295.60 I Delivery 6 days 45 days 10 days 10 days I I i i DATE: 9/3/85 Ci•ry COUNCIL REPORT FORMAT rU: Mayor and Members of the City Council FROM: Rick Svehla Acting City Manager SUBJECT: Bid 9495 CRT's and,Controllers RJri:LTM!hll:NUATI^vit: We recommend this bid be awarded to the low overall bidder with installation and transportation, ITT at a total amount of 17,182.65. We however plan to purchase this on a 24 month lease purchase contract at 816.00 per month. U.1-1 AR Y: This bid is for the purchase of six additional CRT's to be used in the Library. These will replace some of the oleer CRTs and will be used in other areas. BACKGRUUND: Tabulation Sheet, OPA Board Minutes. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Data Processing FISCAL 114-PACT,: Budgeted items, There is no additonal impact on the General Fund, te "II ully ubiaitted: ~i A e a c ng City Manager P e red b , a14L Tom Shaw • rltIe Assistant Purchasing Agent A row:d: n John Marshall t rchasing Agent hill TITLN CRT's and Controllers 011ENED 2 PM 8/13/85 Comdisco ITT IBM ncccw N'r f 100-003-0011-9103 --,)--R (LY•. ---IinI 1)FS'C~tllVTTU~ VENWIi ENDOR -VENDOR ~ _ VI?N[XIIt_- VEN_ VF.Nfx11t __YF:NlK1}t 1 6 CRT Devices/OCR Viands 1900.00 1308.00 2245.80 2 1 8 part Remote Controller 9000.00 3480.00 4981.20 3 4 OCR Wands NB 1350.00 505.20 24 month Lease Purchase 1070.00 816.00 934.95 Installation 3CO.00 325.00 N/C Transportation 425.00 129.65 166.00 Delivery 30 days 30 days 9/27/85 _ FOB Denton ~ ~Tampe, Ar z, Denton " • DATE: 9/3/85 a CITY COUNCIL REPORT FORMAT TO'. Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Bid 9499 Re,,use Containers R BCUN M ENDATION: We recommend this bid be awarded to the lowest bidder of Scott 3 Hill Co. in the amount of 228.00 each. Total bid award 18,240.00 SUNM AR Y: This bid is for the purchase of 80 each 3 cubic yard refuse containers. These units will be utilized by the Solid Waste Deoartment Commercial Collections. Acceptance of this bid is based on the approval of a sample container. BAUGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEp: Solid Waste Refuse Collection FISCAL IM PACT: 1984/85 Solid Waste budget funds 630-002.0802-9104 Res ully •mbumitted: ick v h a Acting City Manager Pre an:e Tum Shaw Title Assistant Purchasing Approved: Agent U Old ai le John Marshall Purchasing Agent 31D TITLE Refuse Containers Scoit May Emco May Fab Duncan t 2PM 8/20/85 Hill Fabricatinj equip. OFEB ED _ f Steel Co. Co. ACCOUNT 1 630-002-0802-9104 ? IOTY.1 _ ITEft DESCRIPTION - VENDOR VENDOR VEN_W R VENDOR VENDOR VENDOR VENDOR 1 801 3 cu. yard Refuse Container 228`00 275.95 233.59 268.51 1 298.00 1 TOTAL. 189240.00 22,076.20 18,687'.2,91 .21,480.90 23,840.00 I 1 r 1 1 1 - Delivery 30 days 1 21 days 30 days i 45 days , 35-40 days _1 I _ I 11 l • • r • Date: 8/28/85 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMr Rick Svehla, Acting City Manager SUBJECTS BID# 9503 PRINTING OF PARKS AND RECREATIONBROCHURES RECOHMENDA1IONs We recommend this bid we awarded to the only bfdder of Group Graphics in the amount listed on the tabulation sheet attached. Total contracts estimated to be between $11,646.00 and $13,425.00. SUHHARYs This bid is for the printing of the Winter/ Spr ng, Summer and Fall Brochures for the Parks and Recreation Activities. Bids were solicited from eight qualified vendors however, only one bid was received. We do feel like this prices quoted are fair and reasonable and tho best buy for the City of Der. ion. BACKGROUND: Tabulation sheet. • PROGRAMS, DEPARTMENTS OR GROUPS AFFECTeD: Parks and Recreation FIGU L IMPACT: Budget Funds for 1985/86 Account Number 100-003-0062-8101 , Res ally submitted:_a Acting City Manager P epared by: TOM D. Shaw, C.P.M Assistant Purchasing Agent Approved: moll; C o n a f, f hall, C. rch ng Agent HID '1'1'I'1.E PRINTING OF PARKS h RFC DROCHU FS GROUP DENTON GRAPHICS COI-IlERCIAI OPENED --8/13/85 MO pm~ PRINTING ACCOUNT I 100-003-0062-8101 17_E11 DFCRIPf ION VENWR VENWR _ VENDOR_ VENDOR VENDOR. VENDOR VENDOR 1. 3295(0 1985 NINTER%SPRING 24 pages 39882.00 NO DID 32 pages 4o/475.00 r'. 95 0 1986 SUWEH - 24 pages 39882.001 32 pages - 4,475.00* J. R5 Q. t_Q8G _FIILL------ i----_._ - - - _32 4. _ a)-_ Typesetting Charges _ 28.00 16.00 Sub.lecL to a possible 10% exculation based on paper - - - ---_._____w and Ink costsy DA+S: 9/3/85 • CITY COUNCIL REPORT FORMAT tU: Mayor and Members of the City Council FROM: Rick Svehla Acting City Manager SUUJEC•I': Bid 9504 N2 Diesel for Power Plant RECOMMENDATION: We recommend this bid be awarded to the vendor quoting the low price for the next day delivery for N2 Diesel thereby obtaining the lowest price for that day. This is the procedure we have followed for the past several years, as we are unable to get reasonable firm pricing, SUMM AR Y: This bid is to replace and fill our tanks at the City of Denton Electric Power plant with the required N2 Diesel. We are estimating this amount to be around 550,001 gallons. We obtained the bids as shown on the tabulation sheet. According to the latest price changes they could change up or down before this bid is awarded, therefore changing the lowest vendor price. We had onlyy three respponses and these three would be the vendors contacted each day untill filled. BACKGRUUNU: Tabulation Sheet PROGRAMS, DEPAUmENTS 02 GROUPS AFFECTED: Electric Power Plant FISCAL IMPACT: There is no additional impact on the General Fend. ubwitted: Re pecVac Rickkting ci ty Manager tired time Tom Shaw Title Assistant Purchasing A oved; Agent 0 tf4 rfie John Marshall 'i t 1 Purchasing Agent BID TITLE A2 Diesel for Power Plant Caruthers Lucky Reeder I~IFNEI 2 PM 8/27/85 Oil Lady Distributo •s nr;couN-r 610-008-0251-8202 QTY, - 11M llESC(tlF ION `VENDOR- VENDOR _ VENIIOR VENDOR - VENWR_v VENI)OR _ VENWk u 1 550M Gallons 02 Diesel NB .785 .7675 Based on Dallas wholesale rock .746 .7535 .7440 • DATE: 8/28/85 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID# 9505 FIRE HYDRANT RECOMMENDATION: We recommend this bid be awared to the lowest bidder of Industrial International, Inc. in the amount of $405.00 for a total of $5,940,00. SUMMARY: This bid is for the purchase of lira hydrants with 3V bury. These hydrants will replace warehouse stock and be used as neaded. BACKGROUND: See tabulation sheet. • PROGRAMS, DEPARTMENTS OR GROUP AFFECTED: Working Capital Warehouse inventory FISCAL IMPACT: Working capital Inventory fund Account Number 710-004-0598-8709 Re fully-submitted: Rick S•re la Acting City "tanager ared by Tom D. Shaw, C.P.M. .,ssiotant Purchasing Agent Approved: ohn ~.Ma a , C.P.M. urchab.itSg Agent bib 'f1TI.E M Bury _Fire Hydrant TRANS-TE INDUSTRIAI ATLAS SUPPLY INTER- UTILITY l)PENEb Y8/27/85 2:00 NATIONAL SUPPLY CO INC. ACCOUNT / .Y•. L1_EI( VESCRIP'f L0 i_ VENDOR VENDOR VENDOR VENDOR VENDUR VENIX)R VENUOR 1. 12 FIRE 11YDRANT _ 504.00 _ 495.00 _ NO BID DELIVERY 30 DAY 30 DAY N30 01 DATE: 9/3/85 CITY .OUNCIL REPORT FORMAT 'r0: Mayor and Members of the City Council PROM: Rick Svehla, Acting City Manager SUBJECT: Bid 9506 Precast, Manholes RECC14MENDATION: We recommend this bid be awarded to the lowest bidder of Brooks Products in the amount of 1900.00 each with delivery in 10 days. Total bid award is 3800.00. SUMMARY: This bid is for the purchase of two 5'7" X 6'6" concrete manhole and cover for the Electric Distribution Department. These precast manholes will be used in the construction of the underground Electric Oistribution System. BACKGRUUND: Tabulation Sheet. PROGRAMS, DEPARTNIENTS OR GROUP'S AFFECTED. El actric Distribution Underground System FISCAL IMPACT: 1984/85 Budget fund account 610-008-0252-9220 RQpec lly ubGi'tted: Rick Svehla Acting City Manager r ed b . <7 ame om aw Title Assistant Purchasing Agent Approved: j At Aiepurchasing n rsha Agent 31D TITLP, Precast Manhf,)le5 OPENED 2 PM 8/22/85 Dalworth Brooks Quick Set Products ACCOUNT I 610-008-0252-9220 rY, IT ESCRI TIO , VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 VE ~ 2 Precast Manholes 2035,00 1900.00 NDOR I Delivery 5 days 10 days ~I .I ~ I I II f I I I~ f f I . f I f • L DATE: 9/3/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Bid 9560-A Skid Steer Loader RECO14M ENDATION: We recommend this bid be approved for the purchase of one additional unit in the amount of 11,539.33 from the lowest bidder Metro Bobcat. SUHM AR Y: this award is for one additional unit for the Street Department. This small amnuverable loader will be utilized in the drainage and water way improvement program. The Council approved the purchase of two of these unit: in May (5-21-85). The lowest bidder has agreed to extend the bid price terms and conditions for the purchase of this additional unit. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Street Department Vehicle Fleet FISCAL IMPACT: This is a fleet addition and will be funded from 1984/85 budget funds account 100-002-0031-9106 Re ectE l4yyyj a ittPd: C.r. Rick Svehla Acting City Manager Nared aTom Shaw . Tit1e Assistant Purchasing Appr Ois agent 0 J- oeil& err e h1t aAgent BID_- SKID STEER LOADER , CASE OENTEX:I METRO OPEN_ Hay 7 1985 2 o m POWER b FORD BOBCAT ACCOUNT f EQUIPMENT ITEM DESCRFPTiOY. N ENDOR VENDOR VENDOR VENDOR VE:JDOR VENDOR VENDOR 1 2 Loader co A r 2 1 Trailer d 2 280.0 N FFM Delivery Stock Qay- -&-so-Da Total - Item 1. Only ` -ZZUIM 23'.07 Total - All Items 28 645 aC NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OP. IMPROVEMENTS. PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFBCTIYE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improve- ments in accordance with the procedures of state law and City ordinance; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid pr%posals and plane and specifications therefore; and WHEREAS, Section 2.36 (f) of the Coda of Ordinancas requires that the City Council app-ova all expeadicures of more than $3,000; and WHEREAS, Section 2.09 of the City Charter requires chat every act of the Council providing for the ax enditura of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERtBY ORDAINS: • SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invita- tions", "Bid Proposals" or plans acid specifications attached hereto are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 9416 I.B.M. 26,600. 0 9497 '.B.M. X13.332.22 9500 WHITMIRE BUILDING SERVICES s 60540.50 SECTION 11. That the acceptance and a;yroval of the above compaticitva bids shall not constitute a contract between the City and the person auumitting the bid for construction of such public works or v improvements herein accepted and approved, until such person shall t)a y with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing CO performance and payment bonds, after notification of the award of ~~,.e bid. PAGE 1 SECTION III, That the City Manager is necessary written contracts for the e}performancee of the a construction' of the public works or improvemencs to accordance with the bids accepted and approved herein, provided that such contrasts are °,+de in accordance with the Notice to Bidders and Bid Pr,)posals, and documents relating thereto specifying the terms, conditions, plans and spscificnt.ona, standards, quantitites and specified sums contained therein. SECTION IV. r That upon ac.•->+tance and approval of the above competitive bids and the ex.tcution of contracts for the p,;blic works and improvements as a{jthor4.zed herein, the City Council hereby authorizes the ex;enditure of funds in the iparner and in the amount as specified in such approved bids and authorized contracts exacuted pursuant thereto. SECTION V. That this ordinance shall baccnok effective immediately upon its passage and approval. PASSED AND APPROVED c:,is the 3 day of September , 1985. RICHARD 0. CITY OF DENTONI TEXAS ATTEST. CURLOTTE CITY "E{!M CITY OF DENTONt TEXAS r. !PROVED AS TO LEGAL FIRM: ZEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: s PAGE 2 DATE: 9/3/85 CITY COUNCIL REPORT FORMAT i'U: Mayor and Members of the City Council FROM: Rick"Svehia Acting City Manager SUBJEC'T': Bid 9497 IBM Mainframe Upgrade RECOMMENDATION: We recommend this bid be swarded to IBM for the total cost of 113,332.22. This will however be purchased on a lease/purchase contract at a payment of 4,898.72 per month. SUMM AR Y: This bid for item one upgrade and we also listed item two as a 4361 to replace the 4331. We feel that the upgrade is the better of the two at this time therefore we are awarding the bid to IBM for item one. BACKGROUND: Tabplation Sheet and D.P.A. Board Minutes. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Data Processing FISCAL IMPACT: Budgeted 100-003-0017-8509 There is no additional impact on the General Fund. Res ectf lYAc Abm t ed: rtrc Sv h a tin City Manager P T red a me Tom Shaw Tiele Assistant Purchasing Approved, Agent hn Marshall ~tT Purchasing Agent om 'rt'rf,h; IBM Mainframe Upgrade Comdisco IBM ITT 0VF.NEn 2 pm 8/13/85 ACCOUNT #100-003-0017 S..qTY•. VE_NWR~__ VENWic VENDOR VEHIM _ VENDOR. - VENDOR _ VENWR Hardware Upgrade 107,290.0% NO 24 month Lease/Purchase 4898.72 - - -Maintenance 660,15 - - - - _ . - Installation N/C... Transportation 483.00 Delivery. 9/27/85 IBM 4361 L05 1380880.00 Trade-in (4000.00) 24 month Lease/Purchase 6250.00 Maintenance NB - Installation 4200,00 Transpor0 lon 1617.00 Delivery 30 days DATE: 9/385 CITY COUNCIL REPORT FORMAT TO: Mayor ai:d Members of tl:e r;ity Counr.il FROM: Rick Svehla Acting City Manager SUBJECT: Bid 9496 IBM Disk Orive RECOMMENDATION: We recommend this bid be awarded to I.B.M the lowest evaluated bid, for the amount of 26,600.00 with maintenance of 101.00 per month and a one time cost of transportation at 115.00, however a 24 month lease/purchase is considered at 1214.52 per month. SUHM AR Y: This bid was sent to several vendors and we received only two bids IBM is the higher lump sum bid, however the cost per meabytes is less. There is a greater storage capacity available in the 3370 model 2 than the 3370 Model 1 bid by Comdisco. Therefore we recommend the higher bid as the lowest evaluated bid, and we also specified the model 2. BACKGROUND. Tabulation Sheet, U.P.A. Board Minutes. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Data Processing FISCAL .114PAC T: Budgeted Item, there will be no impact on the General Fund ppec ully subtted: City Hanager Pr red b awe Tom Shaw rit:o Assistant purchasing A proved: agent LGt.G -l a'+r ohn Marshall T~ it purchasing A;aent IIII► •rlV-P IBM Disk Drive Comdisco I84 (►PFNen _ 2 _PM 8/13/85 - ITT nccor►Nr I „100.003-0017-9103- »V_ J- j ..iBM 3370 Disk Drivr . VF,NUUR -vr•Nrx~K _ _ IBM 3310-81 26,600.00 VENDOR 21,000.00 24 month Lease Purchase 965.00 1214.52 Maintenance - ,lation N/c-,.,-. 10I.00 - 300.OQ C Transporation 278400 115.00 Delivery JO days 9/27/85 DATE: 9/3/85 CITY COUNCIL REPORT FORMAT rO: Mayo; and Plembars of the City Council FROM Rick Svehla Acting City Hanage'r SUBJECT: Bid 9500 Erection-of Picnic Shelters at Fred Moore.Park RECOMMENDATION: We recommend this bid be awarded to the low bidder Whitmire Building Services of Denton for the amount of 6,540.00. The equipment has been received and is ready to be installed. SUMMARY,: This bid is a rebid for the erection of a Picnic Shelter at Fred Moore Park, We purchased the shelter for Fred Moore Park some months ago. We bid the erection at that time but did not receive a bid. With this award the-shelter can be erected soon. BACKGROUND: Tabulation Sheet PROGRAHSs DEPARTMENTS OR GROUPS AFFECTED: Grant Fund -Community Development. FISCAL 114PACT: Grant Fund 216-005-CO07-9108 Re illy ub ted: dye vehla Act irrg City Manager Pr~Pe~by. Mme Tom aw . Title Assistant Purchasing Agent Ap(Oj V e d: N. e s a VIAle P chasing Agent ntt~ rlrl.a: Erection of Picnic Shelter Whitmire Neiman Building Environ. OITNFU 2 PM 8/20/85 Service Accoun / 216.005 _CO07-9108_~~ QTY, _ ITF_~l_I1tSLglP'f VENbOR VEN[)OP V[•.tJIx1R _.YhtJll)K _ VFN1N)tl Yt;NnllR 1 1 Erection of Picnic Shelter 5540.00 8378.00 Bond or Check cc NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR QIF<-ENCY PURCHASES OF MATERIALS, EOUIPMENT SUPPLIES OR SERVICES '.N :COR- OME REWITH THE REMEN SO OFIOCOMPETITIVE E $ DLAW S; AND PROVISUCH DING PUFt:.t AN EMECTYVE DATE. WHERW.AS, state law requires that certain contrsc-:s rego :ing an expenditure or payment by the city in an amount exceeding $`,000 be by competitive bids, except to the case of public cllamity where it becomes necessary to act at once to appropriate r nay to relieve the necessity of the citizens, or to preserve the roperty of the city, or t is necessary to protect the public heals;, of -he citizens of tho city, or in case of unforeseen damage ra per ic property, machiu*ry or equipment; and WHE that thREAS City Section approve ill CoOa of siaaon of c. more` than $3,000; and WHEREAS, Section 2.09 of the City Charter requires that every act-of the council providing for the a enditur• of funds or for the contracting of indebtedness shall be by ordinance; O NOW, THEKEFORE, THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS: SECTION 1. That the City Council hereby determines that there is a public c::;umlty that makes it necessary to act at once to appropriate money to relieve the nacassity of.tho citizens, or to preserve the property of the city, or en`protect the public health of the citizens of the aity, or to provide for unforssee damage to public property, maehiaery or equipment, and by raison thereof, tho following emergency purchases of~ materials, equipment, supplies or services, as described in the Purchase Orders' attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 69369`_ ALlM10 TAANSF01~ _3 .660.00 69371 ..QdYIS SRUtx a EpIIIPMENS 5 064..4 -69----318.~~ SOYD XCAVATION 19.6 }L80 69519 SQVThtPN NOIN PUMP 69659 CUMMINS SUPPLY 696_ 6_ 7 80YD EXCAVATION b~668 BOYD EXCAVATION 22.?Oa ,00 ti 863 . I. M. _ 5.765 0 i SECTION II. That because of such emergency, the City Manager or designated employee is hereby alithorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefor* in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the require- ments of competitive bids. SECTION III. That this ordinance shall become effective immediately upon tts passage and approval. PASSED AND APPROVED this the 3 day of Sweasoer 1985. KICKARD U. HC4' K CITY OF DENTON, TEXAS • ATTEST: CURLOTTE AI LENS CITY SECRrMY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DFSRA IDAMI DRAYOVITGH, CtV ATTORNEY CITY OF DENTON, TEXAS 8Y: ~rs~ arrF '77,77 -7 DATE: 9/3/85 • CITY COUNCIL REPORT FORMAT TO: Mayor and Members of tho City Council FROM: Rick Svehla, Acting City Manager S M ECT: Purchase Order 69369 to Alamo Transformer REG014MENDATION: We recommend purchase order 69369 in the amount of 7460.00 to Alamo Transformer be approved. SUM M AR Y: This purchase order is for the emergency purchase of pole type I transformers. Storm dairare and failure due to hot weather has depleted our back-up stock. BACKGROUND: P~jrchase Order 69369 i PRGGRAAS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution FISCAL :14PACT: 1984/85 budget funds account nusnber 610-008-0252-9215 RPce. flIlly sublaitted: ~A Ric;< <ehla Prepared b. Acting City Manager ame Title Assistant Purchasing Agent Apoved: M J rsha 7 itle rehasing Agent 90o•$ TEXAS STRI E r PURCF{ASE GRID" iR DENTON, TX 76201 P. O. NUMBER CATF. VENDOR Nl1. DOCUMENT T ' C.:/le/3R LiAt VENDOR A~Aa~JJv' SHIP T0: EC;T~IC C25TR[stJTICN Cjf4FLJVATICi4 ONLY ::+1 Ni T [WPLICATE TEM ACCOUNf NUMBER UNITS NUMBEP. DESCRIPTION BID N0. LINE AMOL S ';21? 1 f:ANSF-.1-,..4E r 75 KYA G3a/Cu:iV :+s C40aC • L `.l , ~ , +).5^ ~2i 5 2 TRA`i;,FG'~t1.~R t67hvi. '~~;riV I.~ ? T*WMm F'Gt'AiFR 13 ;K'IA 4~U;4,/ ?V 1 74;J~. he City of Oent.an, Texas is tax exempt • House bill No. 20 -T 07, '4 eference P. 0. Number on all 8,'L, Shipments and Invoices. I hipments are F. 0. B. City of Denton, or as indicated. By ~ 4 Send Invoices TO.- Direct Inquiries TO: City of Denton, Accounts Payable Jonn J. Marsha.'i, C. P. M. Purchasing Agent 211 E, McKinney St., Njolion, TX 1001 Tom 0. Sr+aor, C. P. M. Asst. Purchasing Agent i4; as lndica:ed on Purchase Order) 817 56S•8311 D. FW Vertu 767.0042 Tho City of Denton is an equal opportunity omplo~er DATE: 9/3/85 C H Y COUNCIL REPJRT FORMAT 'TU: Mayor and Members of the City Council PH01, Rick Svehla, Acting City Manager SUBJH("r: Purchase Order 69371 to Davis Truck and Equipment RECU1dMENDA'rIONi We recommend this purchase order 69371 in the amount of 5064,40 to Davis Truck and Equipment be approved. °UI1M Alt Y: This purchase order is for the replacement of the lift assembly on tha Peterbilt/Parmore front loading refuge truck. The truck was damaged in a automobile accident and Davis Truck is the only authorized repair center in Texas. BACKGROUND: Purchase Order 69371 and Invoice 17755-C e PROGRAMS, DEPAR-EMENTS OR G1tOUPS AFFECTED: Solid Waste Refuse Collection FISCAL IMPACT. 19x4/85 budget funds for vehicle maintenance 710-004-0598- 8710, insurance claim to repair this toss ha3 been filed. Re ect ully ubwltteJ: Rick vehla V Acting City Manager P ~ % r e d b~~.. alne om aw r[tIa Assistant Pu"chasing Agent Approved, N a III n shall '!'1 Purchasinq lent % CITY OF DE ON, TEXAS "1.8 TEXAS STREET PURCHASE ORDER DENTON, TX 76201 PNUMBER , 71 DATE~V%`OR NO. Cl a DOCUMENT L`AYSLd04 VENDOR SHIP T0. O1VI4 T•ZUCX f, EJIJI04ENT VEHICLe IAlVTiVA;~C LIFTi).~P))X i3 CLLN- IRAATJO,4 'J~ \L.Y 4t~ .fit TX 756;,4 7C NUT 00PL1CATZ TEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOU 1 71: %4 33'!%3 d710 1 02328 Zi:PL.AC.: LIFT AR4S J• 304• A 'he City of Denton, Texas is tax exempt • House 8111 No. 20, F R ?.O. 3.06464 'efererce P, 0. Number on all 8 L, Shipments and Invoices, hipments are F. 0, S. City of Oenti,i, or as indicated. By j Send Invoices TO, Direct Inquiries TO: City of Denton, Accounts PA, able John J. Marshall, C. P. 9, Purchasing Agent 215 E. McKinney St., Denton, 1„ 16201 Tom D. Shaw, C, P. M. Asst. Purchasing Agent ' tar Al indicated on Purchase girder) 811 5r6•8311 D FW Metro 267.0042 The City of Denton is V equal opportunity employer 1. ~ . * DA VIS TRUCK 8 EQUIPMENT CO,, INC. P. O. BOX 33 SOUTH HM, a CLIFTON, TEXAS ?0U st7reTS•a3» • INVOICE 17 7 4 DATE r P.O. NO, TERMS QUANTITY 7PR11CE DESCRIPTION AMOUNT ol~ r ~ .w 40, r Y ~ 1 r 1 `C y r 0.1.6 #?/.1 .....ice 11 pats nwet be returned Mthln seven 171 dey$ from date of r ` W CAN/ in the Original 06ditlon and With proof of ouroftese - end i:.(d releort for return to be w9wored for credit Vldlor refund. MEOW DATE: 19/3/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting C1:y Manager S UUj ECT: Purchase Order 69378 to Boyd Excavation RECOMMENDATION: We recommend this purchase order 69378 to Boyd Excavation in the amount of 19,611.80 be approved. SUMMARY: This purchase order is for the building and compacting, to HDR specifications, a floor for the dump site under construction. By"flooring" the excavated pit with compacted clay we can go 25'-30' deep and save vattable dump space. BACKGROUND: Purchase Order 69378 and Invoice 0642. 1 1 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Lanfill Operations FISCAL IMPACT: Solid Waste Landfill Bond funds account 631-002-0803-8509 Res EulIy.submitted: Rick Sv h • Acting City Manager Bred b , ame o alp Title Assistant Purchasing Agent Ap Loved: i ,d rs a tle urchasing Agent Y 4 tb•., 'i. p,.i S "r w . a. " . ~'a:> . '4 kx 's, p:r. .,7 f tyb OE~I~ ONI TEVAAS t 901.8 TEXAS STREET PURCHASE ORDER DENTON, TX 76201 P. 0. NUMBER DATE, VENgQR NO. DOCUMENT T 19179 OE/1 it S 0 L IJ 'IAST.'z . d0Y49000 V0DOR SHIP TO: Jl-YU CXC,IYATI.NG .3.•.'JJ PT 11URTH DA vt~NTC}+• TTX 762 01 TEM ACCOUNT NUI: JER UNITS NUMBER DESCRIPTION BID NO. LINE AMO :1 531 :02 0303 J509 1 98*5HR WATER TR1}CX y•S35o00 HA 3.447• ,2 b.',1 ?Q2 )~)7 ?.539 1 99e3HA GRADER' L+65•40 f#, 6•407• 6 ::1 ':)t ;.:i:: 15:9 1 95.3HR COMPACTCSt a3dJ*01 I-OA :•4r2• :S 6:.1 3412 33:9 1 2$9•5HR SUYU PEPSC'ANEL C0ZtAT's 3.3 3• .3 531 r}n 9.ie3 y^JJ9 CITY EOUIP 2-oll•40 FER HI~UR 'he City of Denton, Texas is tax exempt • House Bill No. 20. TO 1(AL nA P•o• 1916174 !eference P. 0. Number on all B/ L, Shipments and Invoices, hipments are F. 0. B. City of Denton, or as Indicated. Bye. ' • Send Invoices T0: Direct Inquiries T0: City of Denton, Accounts Plyabte Joi.• J. Marshall, C. P. M, Purchasing Agent 215 E. McKinney St., Denton, TX 76201 Tom 0. Shaw, P. M. Asst, Purchasinq Agent for as Indicated on Purchase Order) 817 566.8311 0, FW Metro 267.0042 The City of Denton is an equal opportunity employer 7 -'T Q1 ~ ~ SkN • MONARO L BOYD BOYD EXCAVATION iNVOIC■ IIOr $500 FORT WORTH DR. 0642 DENTON, TEXAS 76201 817.382.5748 --.....`/.r..~ 0 1 HI it CITY CSI 0 0 0 S l MAN T A 0 r 7 Z 1 / .r.►re R~brorn~(J ? 7H 722 ~ I VV 1-1 T'' T 77 -77 -7 74 qw7- DATE: 9/3/83 • C I T Y COIFNC L L REPORT TO: Mayor and Members of the City Council ENN : Rick Svehla, Acting City Manager 5Ubi6GT Purchase Order 69519 to Southern En(jine an.! Pump RECOMMENDATION: We recommend this -)urchase order 60519 to Souern Engine and Pump in the amnt of 4560.00 be approved. i S U1 4M AA Y: This purchase order is for the emergency repair and return of I a Fairbanks Morse Pump. This pump is used in the Twin Lakes Lift Station. BACKGROUND: Purchase Order 69519 PROGRMS, DEPARTMENTS OR GROUPS AFFECTED: Waste Water Treatment FISCAL IMPACT: 1904/85 Budget Funds account 620-008-0470-9106% Res ee~/u11y' ub141tted: 1'~dor'* ALA f i ; Le Rick Svehla Acting City Manager Pr tired b~ ame Tl le Assistant PurchdsSr.g Appco edo Agent Jo arshaI T e P chasing Agent WSW* CITY OF DENTON, TEXAS 901E TEXAS STREET PURCHASE ORDER DENTON, TX 76201 P. 0. NUMBER DATE 'VENDOR N0. DOCUMENT s.r5I5. 08/141/J5 :,07 SOU37901 VENDOR u SHIP T0: .~.UTH L S12 PUMP ;PASTE/WATZA TRaAT,MENT PLANT I'VI`~~;NO.01 1T CONPIRNATIGm CNLY i TX LOOP 7g2C7 00 NOT OUPLIC.IT3 REVISED ***N:;,! es THI i P rd Al: _ uRCF_A 3rlpap;p _ nc ~il]_ ! 6R;1 n ~'^VT 'w°- TEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AM 'J1 62.; 003 0470 9106 1 FAInf!AfWKS MORSE Pump )2 6-2o 008 0410 9106 FOR TWIN LAKES LIFT STATION 49360• • he City of Denton, Texas Is tax exempt • House Bill No. 20. TOT FOR P• eference P. 0. Number on all B i L, Shipments and Invoices. ilpments are F. 0. a. City of Denton, or as Indicated. By i Send Invoices TO: Dirset Inquiries To., City of Dentin, Accounts Payable John J. Marsnall, C, P. M. Purchasing Agent 2:5 E. MCKin7ey St., Denton, TX 76201 Tom D. Shaw, C. P.M. Asst. Purchasing Agent for as indicated on Purchase Oider) 817,%6-8311 D/FW Metro 261.0042 The City of Denton is an equal opportunity employer y~*.W] YY~ F1• Y 11'1 I / 1' naF 1 . 'I f.. LL S .Y Y A _714 4 . DATE: 9/3/85 CIT Y COUNCIL REPORT FORMAT TO: Mayor, aad Members the City Council FROM:, Rick Svehla, Acting City Manager SUBJ 6C T: Purchase Order 69659 to Cummins Supply REC0I2UENDATION: We recommend this purchase order 69659 in the amount of 11,636.00 to Cummins Supply be op;oved. SUMMARY: This purchase order is for the emergency purchase of pal% mounted e eetr c transformers. The failure of numerous transformers due to storm damage and hot weather, have depleted inventory stock. Transformers 'on order have a 1a-18 weeks delivery schedule. The long lead time makes it necessary to purchase out of stock to fulfill our requirements. BACKGROUND: Purchase Order 69659 PROGRAMS. DEPAR'T'MENTS OR GROUPS AFFECTEll; Electric Distribution FISCAL 1M PACT: 1984/85 9udg,4t funds account 611-008-0252-5222 Reily s baitted: . Rick Svehla Acting City Manager Pr red ,time Tom haw title assistant Purchasing Agent 1~pfrDVed rshalI rte rchasing Agent 4' 1.9 TEXA4 STREET h000ASE ORDEA DENTON, TX 76201 P~ 0. UMBER DATE 'VENDOR NO. DOCUMENT T 69669 08/ 23/ 88 C21 CUMS6000 VENDOR SHIP TO; CU14141016 JOPPLY ELECTRIC DISTRI8UT10N F•0d SOX 1J30 CONFIRMATION ONLY FORT NORTHo TX 76101 00 NOT DUPLICATE TEM ACCOUNT NUMBER UNITS Ni;koBER DESCRIPTION BID NO. '..INE AMOL '31 611 001' .4252 9222 4 TRA143: ORNER 75KVA POLEAaUN'T 4958 , J2 611 X -12ZIP 9222 6 TRANSFLRMER 100XVA PCLeNOUNT 7 116 • i j 1 'he City of Denton, Texas Is tax exempt • House Bil! No. 20. TJTA -..F P.O. 1 1 .:136. teference P. 0. Number on all B / L, Shipments and Invoices, hipments are F.O. B.Clty of Denton, or as Indicated. By t • Send Invoices TO., Direct Inquiries TO. City Of DoWn, Accounts Pavabfo John J. Marshal I, C. P. M. Purchasing Agent 215 E. MCVInMy St., Denton, TX 76201 Tom D, Shaw, C. P.M. Asst. Purchasing Agent for as Indicated on Purchase Cider) 817 566.8311 D,,FW Metro ?67.0042 The City of Denton is an equal opportunity employer 1F. .•r~. ,nyh ti "Y~. V DAl E: 9!3/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SJ BJ ECT: Purchase OrdeA 69667 to Boyd Excavation RECOMMENDATION: We recommend this purchase order 54667 to Buyd Excavation in the amount of 21,125.56 ce approved. SUI-IMA.RY: This purchase order is for 325 hours of scraper rental at 65 TO per hour including operator, fuel, equipment etc. These machines are continuing the excavation at the landfill under the direction of HDR. Equipment owned and operated by the City of Denton are being fully utilized compacting refuse and hauling cover material. BACKGROUND: Purchase Order 65667 PROGRA?.iS, DEPAR'E'MENTS OR GROUPS AFFECTED; Solid Waste Landfill Operations FISCAL IMPACT: Solid Waste Landfill Oevelopment Bond funds account 631-002-0803-8309. Res ully submitted: Rick~S etila Acting City Manager rl~ pla r e d b 10 Name om aw V tle Assistant Purchasing Agert A roved: G. ! e ohn Marshall Purchasing Agent IN014NOW-M "I .9 A 't a y~r.ql r1 r ) ~ -yyy~} 2. ,L. r ttW, M } ' l 5 t~~`0Nr°.T Vi 901.6 TEXAS STREET PURCHA i 00b OENTON, TX 76201 P, 0. NUMBER DATE VENDOR NO. DOCUMENT T) 6yb37 08/27/d5 SOi.10 1AS E UUY49000 VENDOR SHIP To: s03YO EXCAVATION 3500 FT WURTH DR 0ENTON9 TTX 73231 TEM ACCOUNT NUM8ER ONITS NUMBER DESCRIPTION BID NO. LINE AMOU :l 531 ?42 013,13 13509 325 HR 5Ci~APP6i RENTAL- EXCAVATION 21,129• he City of Denton, Texas Is tax exempt • House Bill No. 20. T T P•O. 21 , 129. leferen .e P. 0, Number on alp B % L, Shipments acrd Invoices. "14--z hipments are F, O. B. City of Denton, or as Indicated. gy Send Invoices TO: Direct Inquiries TO, City of Denton, Accounts Payable John J. Marshall, C. P. M. Purchasing Agent 215 E. McKinney SL, Ointoo, TX 16201 Tom 0. Shaw, C. P. M. Asst. Purchasing A4ent . (or as Indicated on Purchase Order) 817.5668311 D, FW Metro 267.0042 The City of Dentor is an equal opportunity employor DA .S:9/3/85 • CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Purchase Order 69668 to Boyd Excavation RECOMMENDATION: We recommend this purchase order 69568 to Boyd Excavation in the amount of 22,000.00 be approved. All work is on a per hour worked basis and not to exceed 22,000.00. SUMM AR Y: This purchase order is for the oackfilling and compaction of the Moor r, the dumpsite area 2. This work is being preformed under the direction of NDR and Rone Engineers. By excavating to 25' and back filling 31•we are s4virg valuable disposal area. Without this backfill process our excavation could only go approximately 9' to 12' deep. BACKGROUND: Purchase Order 69668 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Landfill Operations FISCAL IMPACT: Solid Waste Landfill Development Bond Fund account 631-002-0803-8509 Re ully ubmitted: sick vehla Acting City Manager P r r t y~~ ame om ri w Title Assistant Purchasing Agent Ap roved oK Marshal itl urchasing Agent 77 ~ V^ _rl is 90!•8 7EXAS'STREET PURCHASE ORDER DENION, TX 76701 P. 0. NUMBER DATE. VENDOR NO. DOCUMENT 0 6h6*13 .3/27/85 5CLIU WASTE ~Y49000 • /ENOOR b LHIP TO: 3 )YO EXCAVATION 3330 FT WrRTH OH DENT04 a TTX 76201 TEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOU vl 6:1 002 0803 8509 176 LANDFILL 8QTTOM R01J1PMa3NT TO 22s000• J2 631 002 0803 3509 8E USED AS NEEDED- LAaURe 33 631 302 0803 6509 WATER TRVCKsGRA0EA9C0WPACT0R I i 'he*City of Denton, Texas Is tax exempt • House Bill No 20. TUtA Fa Pea. ~2e J3Ce 1 ` 1 ~ !eference P. 0. Numtxr on all B / L, Sh'pments and Invc ices. hipments are F. 0.8. City of Denton, or as Indicated. ey Send Invoices TO: Uirec: Inquiries T0: City of Denton, Accounts Payable John J. Marshal 1, C. P.M. Purchasing Agent 215 E. McKinney St., Denton, TX 76201 Tom D. Shaw, C. P. M. Asst. Purchasing Agent for as Indicate) on Purchase Order) 817 5668311 0, FW Metro 267.0042 The City of Denton 15 an equal opportunity employer DATE: 9/3/85 CITY COUNCIL REPORT FORMAT TO; Mayor and Members of tha City Council FROM: Rick Svehla Acting City Manager SUBJECT: Purchase Order 69803 to I.B.M. RECOMMENDATION: We recommend this emergency purchase order to I.B.M, in the amount of 6,765.00 be approved. This purchase for DISOSS Software System was approved by the Data Processing Advisory Board. SUMMARY: This package is for use by the Data Processing Depaetment and is an automated office system in the area of electronic mail, calendaring, file transfers between P.C.'s and word processing systems. BACKGROUND: Purchase Order 69803 , D.P.A. Board Minutes. i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Data Processing FISCAL IMPACT: 984/85 Budget account 100-003-0017-8521 Re ect~ : Iy ubmitted: 59e ~ c 1q City manager re are, om haw 'title Assiste.nt Purchasing Agent Approved: N o I rsha le urchasing Agent WI i ~ ~ b~NrbN, 941.9 TEXAS $TRE T kA, 0' ASE OROER DENTON, TX 7620) P, 0, NUMBER DATE, VENDOR NO. '913JJ 08/27/88 511 DOCUMENT r lII61001 VENDOR 1:„A SHIP TO: 1:727 L0J FREE'NAY CITY CF 0dNTCN* DALLAS• TX 73234 DATA PNCCESSINv 324-3 EAST JACXINNEY ST. UENTON. Tx 7b2Ji TEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOU )1 100 J03 0017 3521 1 OISOSS EASE Pl;ODUCT `2 1 10 003 0017 8521 1 JI30s5 PE?Sap;Al, SERV IC_S 1.710•» 1J-i J43 0117 as21 1 0138SS ELECTRONIC OQCUHENT 1*1280 ~4 100 003 0017 3521 DISTRIBUTION 730. )5 100 003 0017 8521 2 OISOSS APPLICAtION SCIitW~ L-STAF :6 100 003 0017 d52I 2 OISOSS SYSTEM IMPLEAENTION SCH 750. 17 1:710 003 0.117 8S21 1 DISPLAY WRITER INTEAFAC2 930. l .3G0. • he City of Denton, Texas is tax exempt • House Bill No. 20. TDTAL FCR P604 4j 745 3. eference P. 0, Number on all B L, Shipments and Invoices. ilpments are F. 0. B. City of Denton, or as Ir4leated, By ' - v • Send Invoices TO: Inquiries P. M. Puras City of Denton, Accounts Payable John J Direct 215 E. McKinney St,, Denton, TX 76201 J. Marshall, C. P Purchasing Agent for as Indicated St,, Purchase Order} Tom D. Shaw, C, P.M. Asst. Purchasing Agent 817,566-8311 0, FW Metro 267.0042 The City of Denton is an equal opportunity employer MINUTES • Cl?'Y OF DENTON DATA PROCESSING ADVISORY BOARD August 22, 198$ Called meeting of the City of Denton Data Processing Advisory Board, Thursday August 22, 1985 at 7:00 AM at the Ramada Inn. MQmbers Present: Lee Bossert Dale Maddry Ronald McDade Charles Ridens Members Absent: Ray Pittman Others Present: Charlotte Allen and Gary Collins of the City staff. 1, Charlotte Allen swore in Lee Bossert as a member of the City of Denton Data Processing Advisory Board Member. • 2. Since the Chairman of the Advisory Board had retired from the Board after three terms, Gary Collins asked for a motion to approve the minutes of the may 6, 1985 meeting. Mr. Ron McDade made a motion that minutes of the May 6, 1985 meeting be approved, and `:r. Dale Maddry second the notion and the motion passed unanimously. 3. Mr. Ron McDade nominated Mr. Dale Maddry for the position of Chairman of the City of Denton Data Processing Advisory Board, Mr. Dale Maddry nominated Mr. Ray Pittman for the position of Chairman of the City of Denton Data Processing Advisory Board. Mr. Charles Ridens second the nomination of Mr. Ray Pittman. The vote for `!r. Ray Pittman as Chairman was unanimous. Mr. Dale Maddry nominated Mr. Ron McDade for the position of Vice Chairman of the City of Denton Data Processing Advisory Board. Mr. Lee Bossert second the nomination of Mr, Ron McDade and the vote was unanimous. At this point Mr. Gary Collins turned the meeting over to Mr. Ron McDade since the Chairman was absent. 4. Gary Collins described the need for the upgrade of the IBM 4331 to the IBM 4361 due to the increased work load for the central processor wish the anticipated implementation of the Municipal Court System, Fixed Assets Systems, Job Costing System and Inventory System. Gary Collins explained the response time at CtTs is currently in the 30 to 40 second ras,ge during the 2:00 to 5:00 PM timi fra-2s on normal work days, Gary Collins described the analysis of the two bids on the cczputer upgrade, and explained that while the IBM 4341 computer bid by Comdisco had more processing capability Yalta (2) Minutes August 22, 1985 the;) the IBM 4361. 'The maintenance costs associated with this hardware configuration was significantly higher and the funds for these additional costs had not been budgeted, Altar a great deal of discussion regarding the feasibility of implementing applications on the central computer versus stand alone computers and the associated costs of implementing centralized systems, Mr. Dale Maddry made a miiion to recommenC that the City Council approve the acquisition of the IBM 4361 upgrade from IBM Corporation. Mr. Charles Ridens seconded the motion and it was passed unanimously. 5. Gary Collins explained to the Board th.t the highest usage per CRT was with the 6 CRTs used by the library. Also, Gary Collins Explained the accuracy of information input at the library CRTs would be improved. Mr. Dale Haddry made a motion to recommend to the City Council that the City of Denton acquire 6 CRTs, a controller and 4 OCR wands from ITT, Inc. Mr. Lee Bossert seconded the ma;ion and it was passed unanimously. 6. Gary Co'.lins discussed with the Board the capabilities of an automated office system known as "DISOSS" in the arear of electronic mail, calen- daring, file transfers between PCs and word processing stations. Dale Maddry made a motion to recommed to the City Council that the City of • Denton acquire this software package. 'Mr. Charles Ridens seconded the motion and it was passed unanimously. 7. Gary Collins discussed with the Board the need for additional disk storage space to accomodate the previously described systems, and exp)ained that even though the cost of the disk drive frpm IBM w&o greater than the disk drive from Comdisco, the cost per megabyte was less due to the difference in size between the two disk drives bid. Mr. Dale Maddry made a -:^!,ion to recommend to the City Council that the City of Denton acquire a 3370 model 2 Disk Drive from IBM. Mr. Lee Bossert seconded the motion and I it was passed unanimously. i r :R.n f n wt '1' 4 _ fiv ' i11np T-[ ` CIO COUNCIL A9MRT FORMhi 09/03/85 TOs Mayor and Meaber$ of the City Coucil s ~ FROM: Rick Svehla, Acting City Manager SUIJECT: Personal Service Contracts in Excess of $3,000.00 Per Contractor RICCOMMENDAYION: Approval of Personal Service Contracts. SUl4HARYi The above mentioned independent contractors aro currently program instructors who wi''t earn over $30000.000 this fiscal year. BACKGROUND: ; Request, for payment in excess of $3,0(10.00 for Rhonda Gattis, tennis instructor? Michael welsh, tennis instructor, Kay Locke, aerobics instructor, Dean Prothro, pre-school instructor. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: N/A FISCAL DOACT: Contract instructors are paid by revenues deposited'into Recreation Fund from class fees. No monies are expended from the General Fund. Re ct idly ubmitted: City Managt'r Acting Preparid by: Rich D1 as ase Title of Leisure Services . Appro Title M' . ID LEGAL DEPARTMENT MEMORANDUM Debra Adami Drayovitch, City Attorney Joe D. NOrrla, Assistant City Attorney Rooert 8m s rater, Assistanu City Attorney TO: Steve Brinkman, Director of Parks 6 Recreation FROM: Robert 8, Hunter, Assistant City Attorney DATE: August 21, 1985 SUBJECT: Ordinance Approving Independent Contractors' Agreements Attached is a proposed ordinance approving and ratifying those independent contractors' agreements, which you indicated may exceed the $3,000.00, for placement on the appropriate Council agenda, Should you require arything further, please advise. b''kt~JY ~f Lw.~ ROBERT B. HUNTER R$H:jc Attachment I CONCUR WITH THE FOREGOING: i DEB AD I DRAYOVITCH CITY ATTORNEY I I . 119iL i f . NO. AN ORDINANCE APPROVING AND RATIFYING CERTAIN INDEPENDENT CONTRACTORS' AGREEMENTS PROVIDING SERVICES FOR THE: PARKS AND RECREATION DEPARTMENT FOR THE CITY OF DENTON* TEXASI iPPROVING THE EXPENDITURE OF FUNDS THEREFORI AND DECLARING AN EFFECTIVE DATE. Wnegeas, tno City of Denton has entered into contracts to provide services for the Packs and Recreation Depactmer.tj and Whereas, the Dotal sum expended under each of sucn contracts may exceed $3,000.v0E and Whereas, Section 2.09 of the Charter of the Cil:y of Denton, Texas, requires that every act of the Council peov6ding fog the expenditure of funds or for the contracting for Indebtedness shall be by ordinance NQW# THEREFORE, THE COUNCIL Of THE .ITY OF DENTON* TEXAS, HEREBY ORDAIM SECTION That the folloiring contracts, attached hereto and incorporated herein by reference, are hereby spptovad and ratifiedE 1. Agreement with Dean Prothco, dated January 1, 1985, to provide services as a Playscnoo). Instructor) 2. Agreement with. Bonnie Adams, dated January 7, 19aS, to • provide services as a Preschool Inatcuctor, 3. Two agreements with Ximoerly Parish, dated eeptember 17, 1984, and November 19, 1984, respectively, to provide services as a Community Leisure Education Prograam#tj and 4. Two agreements with Rhonda Gatti$$ dated January 11, 1985, and Ootober 1, 19841 respectively, to provide services as a ScOCekeeper for baskRtball games and serve as a Tennis Instructor. SECTION II. That the expenditure of funds in the manner and amount as specified in the attached co-tracts is nereby approved and ratified. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1985. RICAARD CITY OF DENTON, TEXAS ATTESTr CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DESRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY Of DENTONt TE(XAS Q` BYE l!F~ V'A 1- V i" tRaa aMDt rr ►s----- aR~aa~ . , STATE QP TRXXq t COQwr or Ditures ) ERON ALL NIR or TRa3a PRE8EM1'Si The City of Denton. Texas, e situated in xuntclpal Rome Denton County, Texae Rule city acting herein b Y and through hecelnsfter called •Clty~, its City Ran' Aets. -ger, and hereinafter called Contractor # agres as followal ► hereby 1. SE CaE •0 8a PERPO Contractor to perform the hereinafter city here),y retains Contractor a designated 4rees to Per form the fo eir,Ices and A. Seoea 1lcwin4 services! "a?ar .`or ]agkaCbA!! •amaa b. 2. 1.1OMpERSA I R TO all PAID Contractor for ~I city agrees to pay A. performed hereunder as followst I'~nt r.~ctor `All he ,,atJ )0 por -A1.. 80 Dates of paymentel J. RV OR AND MTRO understood &r Y *J It !s mutuAlly .j agreed by and Contractor Is an I between City and contractor ndependent Contractor that to be or Considered and shall not be +leemed lot the purposes of an employee of the City of Denton ► lncoee tax► vithho ► Texas taxes, vacation ldtng, Aeotal or sick leave benefits, or employes benefit. The any security uther City control City shall not have aupervlslon of Contractor or eey employee c[ and expressly understood Contractor, but that Contractor shall it to hereunder at the psrfor,e the services direction of and to the City Manager of satisfaction of the the City of Denton or his designee under this agreement. 1. ~ All paymetts to Contractor under Agreement are to be paid by the city this the City Council for Y ftoo funds apFroprlatsd by such purpodee in the 8uaget Denton, of the City of IRDEPaRDapr MM?RACTOR►E "PSVINUT • PACE ) rr,, s. BERVICLS AND 592PLIZO r0 tt `1iJ11t1ISSID by CITYR City agrees to fuenlah to Contrsetor the following services and/or ,d. suppliesl M 10 ;Cora tbo'< Iad 400re clcc~ 6. INSWOCEj Contractor shall provide at his own cost and expense workman's compensation insurance, liability insurance, and all other insurance necessary to protest Contractor in the operation o! Contractor's business. 7. CANCELLATIONI City reserves th+ right tp cancel this Agreement at any time by giving Contractor thirty (70) days written notice of its Intention to cancel this Agreement. 8. TERN Or CONTRACTC This Agreement shall commence on the 11 day of _.%,u, rv , 198U, and sad an the Uth day of 1945. EXECUTED the this l' day of !An`,rv o 1985. CITY or Drno TEXAS BYt ; ATTESTt Ch"Y SECRETARY APPROVED As TO LEGAL FORM CITY ATTORNEY BYt {1~~f. eft i, CONTRACTOR a lL BY I That Val VArnar is hereby designated ra the parson to admin:eter the provision of this agrewA*nt. DA J CITY NANAG3 r INFAMMOM CONTRACTOR'S AGREEMENT - PAGE 3 ,r i S. ...9 . 401? -0 -7-:3 ;rC:~.?33~ ~oatf l~ _p~ Sang* :0 51 ? 4; 7080 INDEPENDENT CONTRACTOR'S AOREEI~ENT • THE STATE Of TEXAS ( COQirfY Of DENTON KNOW ALL MEN BY THESE PRESENTSI ) The City of Oentonr Texas, a Municipal Rome Rule City situatU in Denton Ccauntyo Texas, hereinafter called 'City', acting herein by and through its City Itanagere and :hones tat!ts ~ # hereinafter called C4ntractorr hereby mutually agree as follows? 1. LERVICES TJL- BE PERTORMEDs City hereby retains Contractor to perform the hereinafter designated services and contractor agrees to perform the following service s$ A, !tech tennis B, ill otcar du ae3 psrt2tntn; :c •.a tennis progri, 2. C022HOATION TO BE PAID CONTRACTORS City agrees to pay Contractor for the services performed hereunder as followst A. :t1.00 car hc+sr for !3a:hin3 annts . v- Far hoer for sil~ a!har dutie3 ;.erlrinln; -o !*s tennis pr~;r1t. ® B. Dates of Paymentst 3. SUPERVISION AND CONTROL BY CITYt It is mutually understood and agreed by and between City and Contractor that Lintractor is an inlependent Contractor and shall not be deemed to be or consO.dered an employee of the City of Denton, Texas for the purpose of income tax, ,:chholdtnq, social security taxes$ vacation cr sick leave bet,•fits, or any other City ampi.oyee benefit. The City shall no,, have supervision and control of Contractor or any employee of Contractor, but it is i expressly understood that Contractor shall perform the services j hereunder a., the direction of and to the satisfaction of the i City Manager of the City of Denton or his designee under this agreement. 1. LQURCE_0! f 08 All payments to Contractor under this agreement are to be osid by the City from funds appropriated by ® the City Council for sumh purposes to the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PACE r t 4., ! w 8E1tylgEf , AMD 9VPPLIE3 TQ 6t 00 BY CIT7, City agrees to furnish to contractor the following services and/or supplies 1 -era 6. INSUWCEi Contractor shall provide at tit own cost and expense woe kmenIa comper,,etior insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATIONi City reserves. the right tp cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8, TERM OF CONTRACTI This Agreement shall commence on the lit day of 'ct , 198!L, and and on the 30th day of 1985, EXECuTro the this day of 7- 0 198_. ^ITY OF DENTON, TEXAS BYI 'e., ;0 cyn ATTESIt i CITY SECRETARY APPROVED Al TO LEGAL rORH C. J. TAY AR, JR., CITY ATTORNEY BYE t 's ! ` CONTRACC'OR All Z-AdAL, That 'tthy kviry , is heresy designated as the person to administer the provision of this agreement. DUN IT AGE INDEPSNDZWr CONTRACTOR'S AGREZMNT - PAGE 2 iel;oel ~T I (f~l INDEPENDENT COMIM 0 'S Ad EMENT SBE STATE OF :-ERAS 1CN01f ALL MEN BY THESE PRESEA'T91 COUNTY Of DENTON ) The City of Denton, Terms, a Municipal Rome Rule City situated In Denton County, Texas, hereinafter called `City", acting herein by and through its City Manager, and :i~strly hereinafter called Contractor, hereby mutually agree as followst 1. SERVICES TO BE PERPORMEDt City hereby retains contractor to perfoca the hereinafter designated services and Contractor agrees to petform the following services, A. cornunity ;:uo3tion ?ro:ra-v%r Be 2. COMPENSATION TO ON PAID CONJMCTORi City ogress to pay Contractor for the services performed hereunder as follovar A. S4-,:1 PQr . 8. Dates Of PBymental -jcvi~tr f S :+nj~ry 4-WA, F4:rv3ry 1AW. "arch 1 ' 15,1 :1, toril is S 1A, :,ay June 7 .'it, lvly S t to;uat 2'.t;y30, iaptavar 13 S ?7, ,:r•rt tl :i, 'jv•-.jar 1 i " 3. SUPERVISION aANDl CGNTROL BY CIIYI It is mutually . I understood and agreed by and between City and contractor that i Contractor to an independent Contractor and shall not be deemed to be or csnsidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor 0411 perform the services hereunder at the direction of and to the satisfaction of the dlty Manager of the City of Denton or his designee under this agreement. 1. SO~f MpSt All payments to Contractor under this agreement arm to be paid by the City from funds appropriated by . the City Council for such purposes in the Budget of the City of Danton. INDEPENDENT CONTRACTOR'S AOitEEMEM7 - PACE j S• SERVIC13 AX0_SUPLLrS TO BE F feNISRED my C17Y1 City 89:ess to furnish to Contractor the following services and/or supplles1 1.3,j?pltet ❑san~rr~ ea :Oe71~t~ eb d. M&Affl- Can ccutor shall provide at his own cost, and 0Yv%e. Am; workmen's compensation insurance, liability insurancer and all other Insuraneo necessary to protect Contractor in the operation of Contractor's business. 7. C1 ULLATIONi City resseves the right tp cancel this Agreement at any time by giving contractor thirty (30) days written notice of its intention to cancel tdis Agreement. B. TOM Or CORIMCTs This Agreement shall commence on the „L day of 198.L o and end on the 3L th day of 'Jjte! "j 19a i. EXECUTED the thie `day of CI?y or DENTON, TEXAS BYs - CITY WAUR ATTE$TA ' COY SECRSTAR APPROVED AS TO LEGAL FORM CITY ATTORNEY BYi CONTRACTOR BYI r ' 1 t c>..i~ That is hereby designated as the person toi administer the provision of this agreeeianl. DATA MR IN^EPENDgNT CONTRACTOR'S AOREjWxT PADS 2 T ,f t..t INDEPENDENT C0NfRAOrQRtS AGREEMENT TEE STATE OF TEXAS SNOW ALL MEN BY THESE PRESENTSI COMY or. DENTON The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, TaNaa3 hereinafter called 'City', acting herein by and through its City Manager, and =i.a.rtr Perin , hereinafter celled Contractor, hereby mutually agree as followsr 1. SERVICES To BE PERIOR,1108 City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following ssevicese As Co.Tnnity .3inu3 4:uc:tian 'rorr93arr so 5uP3triru .:1333-19 of ltriCklAti JYnt 1. COMPENSATION TO BE PAID CONTRACTORS City agrees to pay contractor for the services performed hereunder as follows A, i4.25 ;ar 'lout B, Dates of Payments :c:obrr 7. t ~t, va-,or r, :ec95bdr 1 7. SUPERVISION AND CONTROL BY CITYS It Is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be desned to be or considered an employee of the City of Denton, Texas for the purposes of incoma tax, withholding, social security taxes, vacation or sick leave bensfits, or any other City employee benefit, The City shall not have supervision and eon:rol of Contractor or any employee o: Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. S, SOURCE Of fuNpli All payments to Contractor under this agreement are to be paid by the City from funds appropriaaed by • the City Council for such purposes In the Budget of the City of Denton, INDEPENDENT CONTRACTOAt S AGREEMENT - PAGE } S. SERVICES. AND SpPALIES TO 8E 1UR4IgAED BY CITY, City egress to furnish to Contractor the following services ind/or supplies, 1• .111 .uppli A aid al";-Wnt eteddd to prrfor3 lutiel as 21 ii t. 6. jNj2 N Ee Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insuranc,3r and all other insurance necessary to protect Contractor In the operation of Contraotor's business. 7. CANCELLATION, City reserves the right tp cancel this Agreement at any time by giving Contractor thirty (30) days written notice of Its intention to cancel this Agreement. e. TERN Or COMRACT, This Agreement Shall continence on the day of sr>t__, 19e .4j and and on the I•th day of , 19e..~. EXECUTED the this rL7 day of liot"~'r , 1901. M t CITY OF DENTON, TEXAS } BYI s aa~1'trs , f CITY ECRETARI APPROVED AS TO LEGAL TORM C. J. TAYLOR, JR., CITY ATTORNEY By, CONTRACTOR 8Y, L4 L2 w That r f 1' r is hereby designated as the potion to administer the provision of this agreements ....i ' D CITY Mf N 0 INDEPENDENT CONTRACTOR'S A(MUMI NT - PADS 2 V ~ 6 y 8 06 ti`p' _,SS,~tYICta.A1101IS PI.IZS TO sE. PURNTSAE Y CITYI City agrees to furnish to Contractor the following services and/or suppliers 1, nulttpurpoae room and prs-school teachtna aatortala 6. jVSURAN:Es Contractor shall provide at his own cost aa4 expense workmen's compensation insurance, liability insurance, and all other insurance necosgacy to protect Contractor In the operation of Contcsctok~ibbdfnsss. , 7. CANCELLATIONI City reserves the right tq 4~3ncel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. S. TERM Or CONTARM This Agreement shall commence on ~th*A= day of jajktamhar , 198_k► and end on the IyLth day of 34at sear , 1981,. EXECUTED the this Q1 day of j,2 sbar ► 1984. CITY OF DENTON, TEXAS BY3 CITY MAGER XTTES?t ~f ad, 1~ FA CITY . SECRETARY APPROVED AS TO LEGAL FORM C. J. TTAYLOR, JR.► CITY ATTORNEY Byl CONTRACTOR That ?z*tsa kl ,(a,,., Is hereby designated as the parson to administer the provision of this agreement. % 01~ CITY KANAGZA INDEPENDENT CONTRACTOR'S ACREMENT - PACE 2 ...rr..rr~. ss~ 9ar.fa•eioy 16 )t ~~rra M INDEPENDENT ro,Y'rBaCTOR'd A(;AgL4EM? 'uttin, rx *41)1 • THE STATE OF TEAS { KNOW ALL MEN DY TRUE PRE36NTSt COUNTY Or DENTON } The City of Denton# Texass a Municipal Rome Rule City situated in Dorton County. Texas, hereinafter called 'City's acting herein by and through its City Managers and 1' "'a Ate s hereinafter called Contractor, hereby mutually agree as followsi i 1. SE ICES TO BE PERrONSM, ' City herebx,t•retaine Contractor to perform the hereinafter designated services and contractor agrees to perform the following services, A. Yr~uk,~' S~~ruc.sr E. 1. COMPENSATIOSI TO BE PAID CONTRACTORS City agrees to pay Contractor for the services performed hereunder as followsi A. 59.31 par ;,!,jr s. Dates of Payments, ,tr I 1 $4 Lai J. SUPERVISION AND CONTPO& SY CITYe It is mutually us;4erstood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee henefit. The City shall not have supervision and control of contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 1, sonca or ►STNDsi All payments to Contractor under thin agreement are to be paid by the City from funds appropriated by • the City Council for such purposes in the Eulget of the City of Denton. I NDEPA ert CONTRACTOR'S AGWONT PAU ~ S. SARVICE9 AND SUPPLIES TO BE FMISHED BY CITY1 City • agrees to furnlth to Contractor the following services and/or supplies 1. . A Q. INSURANCEI Contractor shalt provide at his own cost and expense workim's compensation insurance, liability Insurance, and all other insurance necessary to protect Contractor In the operation of Contractor's business. 7. CANCELLATIONi City csserves the right tp cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its Intention to cancel this Agreement. 1. TEM Or COTUCTI This Agreement shall commence on the tay of ► 190? , and end on the pith day Of Sop- c :+e 1915 . RXECMD the this day of 19110 CITY Of DZRTON, TEXAS B Y I ATTESTI Y E RETAR7 APPROVED AS TO LIUL rORN CITY ATTORNEY BY1',1,,,-~ CONTRACTOR BYt That trrjjr :tIlyn . is hereby designated as the person to administer the proYlsion of this agreement. i14 , DAN MY AGIR IND=P#xDCNT CONTRACTOR'S AOR1VMW? a PAM 2 .1 a a. 'r I '.r.' . Deem Prothro lil9 Serra rd 0e"tort, Taxes INDEPENDENT rPRA 9.3. 45t.96.99s6 TRY STATE OT TEXAS COUNTY Or DENTON ) KNOW ALL MEN BY THESE PRBSENTSt The City of Denton, Texas, a Municipal Ror,e Rule City situated in Denton County, Texas, hereinafter called 'City", acting herein by and through its City Manager, and _ Dean Prothro r hereinafter called Contractor, hereby mutually agree as followat 1. SERVICES TO BE PERrORMEn~ City hereby retains Contractor to perform tho hereinafter de;ignated services and Contractor agrees to perform the following sezv;cest A, Playeehool B. 2. CQMPENSATION TO BE PAID CONriUICTeat City agrees to pay Contractor for the services performed hereunder as followat A. 971 iretrgetor, 2n ?AND B. Dates of paymentst a+lce per eetuto, 0 SUPERVISION AND CONTROL BY CITY, It Is mutually ~ understood aad agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Di1,ton, Texas for the purposes of income text withh2ldingt sscial security taxes, vacation at nick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, !•,lt it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4.ItCE OY r~ND~ All payments to Contractor under this agreement are to be paid by the City from !ends appropriated by the City Council for such purposes in the Widest oe the city of Denton, iMREPENDEM;• CONTRACTOR'S AGREEMENT - PAGE ee~anrirrer • Cum /rothty r .tea h , f S. SERVICES AND SUPPLIES TO _ bE FVMgSBED BY CITYi city agrees to furnish to Contractor the following services and/or suppliesi I, rooms ASa, ill pro-school ouppliu And oauipmont uood in a Loo 6. INSURANCEi Contractor shall provtde at his own cost and expense workmen's compensation insurance, liability Insuranr.e, and all other insurance necessary to protect Contractor In the operation of Contractor's business. 7. CANCELLATIONI City reserves the right tQ cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8, TERM OF CONTRAM This Agreement shall commence on the IDIb day of 198, and end on the nth day of 10 tombs , 1981. EXECUTED the this Hth day of JAAUae.: , 198y. CITY Of-DENTONi. TEXAS r 'y 8Y s / CITY KMW ATTEST CITY SZCRCTARY M PROVED AS TO LEGAL FORM C. J.TTAYLOR, JR. # /CITY AITOANZY BYE h 6 7~t•-~. CONTRACTOR syl That -T'eocs/.. k0re, /PLO 0 is hereby designated as the person to riainiiter the provision of this agreement. DATE C MANAGE INDEPENDENT CONTRACTOR'S AOREEMENT - PAv'A 2 - r INDEPENDENT MNTRACTolt'S A^.PpF.?tEi THE STATE t)f TEXA9 I COUNTY Of* DENTON i KNOW ALL MCS' BY THESE PRESENTS1 The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, TeXas, hereinafter called "City", acting herein by and through Its City Ftanagerr and _g3- 'rothr , hereinafter called Contractor, hereby mutually agree as tol'cwa• 1. SERVICES To BP PERfgj.Dj City hereby n::tains Contractor to perform the hereinafter designated services and Contractor egress to perform the following seivicest A. :reachool instructor B. A. COMPENSATION To BE PAID CONTRA~'TenI City agrees to pay contractor for the services perform!; hereunder as followsi A. ?Q'. of revenue to instructor, 20-,; to city, B. Dates of Paymentst ;.vo ray ;triads during each ae3sior.. 3, 1: , 3. SgIERVISION AND CONTROL 9X C1TYt It is mutually understood and agreed by and between City and Contractor that contractor is an independent Contractor anQ shall not be deemed to be or considered an employee of the City of Dentonr Texas for the purposes of income tax, Withholding, social security taxes, vacation or sick leave benefite, or any o$..her City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. i ' ~ , a. SOURCE Of fUN29• All pa,-ents to Contractor under this agreement are to be paid by the City from funds approprlated by the city Counnll for such purpos,ts in the Budget of the City of Denton, INDEPENDENT CONTRACTOR'S AMEMENT - PACE e S. SERVICES AND CUPPLIES T BE rup.4iSNED BY MYt City • agrees to furnish to Contractor the followln9 services and/or supplies e 1. arts supplies, ausic, books, all related supplies for a preschool settle; S. INSU, RANCZe Contractor xh&IL provide at his own coat and expense vorkmen's compensation insurance, liability Insacanee, and all other Insurance necessary to protect Contractor In the operation of Contractor's business. 7. CANCELLATIONr City reserves the right t¢ cancel this Agreement at any time by giving Contractor thiply (30) day!, written notice of its Intention to cancea this Agreement. 0. TERN OF CONPAACrI This Agreement shall commence on the _Ut day of .ca.. , 1904 , and end on the )1th day of ;Apt!., 1905. x.aCuTED the this 2Lday of Sept. , I9A 4. CITY 01.-DENTONr-TEXAS ~Z7 8Yt % ! a R U ATTEST i • ;j CITY SECRETARY-' APPROVED AS 10 LEGAL 1'ORH Co J. TAYLOA, JA., CITY ATTORNEY BYI CONTRACTOR BYE That '.gal 'IlLrner !s hereby designated as the ' person to administer the provision of this agceemect. O T IT A A INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 y rU"id~S: :l1 r'cr101 }:Criy, Tx rd i INDEP rrtt 116f 6i N E DENT NT rANr . RACTOR'S AGREmE~tiT Tan STATE Or TEXAS 1SNON ALL MEN BY THESE ARESENTSI C:IUNTY Or bENTON The City of Denton, Texas, a Municipal Rome Rule City situated in Denton County, Texas, heceinafter Called 'City", eCting herein by and through its City Kanager, and ',3t rrar~r~ , hereinafter called Contractor, hereby mutually agree as followsr 1. SERVICES TO BE PERF_ ORJ~~ City h.ceby retains Contractor to perform the hereinafter deer.;nateq services and Contractor agrees to perform the following serviced A. Fra•3c.oc: :•srr:eter B. 2. COMPENSATION TO St PAID CONTRACYORr City agrees to pay Contractor for the 3e9vicea perfocmad hereunder as followsr A. :a ca,i:rscror steal: :+e acid ar :cur. • S. Dates of Psymentsr n Grp '.;?f. :t~rv±n• '.;"3 7. SVPERVISICA AND CONTPOL BY CITYr It is mutually understood and agreed by and between City and Cvntractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas foe the purposes of income tax, withholding, social security taxes, vaertion or sick lsmos benefits, or any other City employee benefit. The City shall not have supervision ani control of Contractor or any employee of Contractor, but it is expressly understooJ that Contractor shell perform the services hereunder it the direction of and the satisfaction of the City manager of the City of Denton or his designee under this agreement. 44 SOORCS Or MDSr All payments to Contractor under this agreement are to be ara,'.d by the City from funds appropriates by the City Counoil for such purpo~ a in the Budget of the City of Denton. 1ND1lPENDENT CONTRACTOR'S AGRLWW - PAGE rat 3i n S. SERVICES ANp VP LIES, ~fQ B; 1ORNISUi) By CLM City agrees to furnish to Contractor the following services and/or suppliesr 1. SuC=I!fe gas -;er:;elo :elftlr., to t:;a cl+ae 6. INSORANCEr Contractor shall provide at his own cost and expense -lorkmen's compensation tnaursncef liability insurance, and all other Insurance necessary to protect Contractor in the oparation of Contcactor's business. 7. CANMLA_ TIO& City reserves the rfght tp cancel this Agreement at any time by giving Contractor thirty (30) days written tlae of its intention to cancel this Agreement. 8. 7_ERRX OF CONTRAM This Agreement shall comiwnce on the y, day of - jar.. P 1965 f and end on the _„th day of y4sc1 -f 196,. SxECOTE0 the this 1 day of J+ lops, CITY OF DERTONt TEXAS Syr r i ATT1M i CITY SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY BYtf CONT/RACiOR That "xl Perner ,r is hereby designated as the person to administer the provision of this agreement. . ! -.l % • ice... ~i-~""' D CITY X4XAGE I iMDEP1NDEtft COrfTRACTOR'6 AGRii/)QMT - PAGE 2 ~r t . .t. rq --e-----*- t :w. r qq 1 DATB. o7/D~~ CITY COUNCIL REPORT FORMAT TO! Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN INSTITUTING ANNKXATION PROCEEDINGS FOR APPROXIMATELY 304.94 ACRES LOCATED NORTH AND SOUTH OF FM 426, EAST AND WEST OF TRINITY ROAD, AND SOUTH OF HIGHWAY 380E (A-23) RECOMMENDATION: The Planning and Zoning Commission will make its recommendation on August 28, 1985. SUMMARY: This petition for voluntary annexation represents further evid;n:e 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. . The next scheduled acr'.on is adoption of an ordinance and service plan annexing the property on October 15, 1985. A change in zoning petitiot, is anticipated, but has not been submitted to date. BACKGROUND: All of the parcels in this request adjoin or abut at some point a 470 acre stretch of land annexed in 1984 to accommodate a planned 500 unit residential development originally proposed by Mr, R. 0. McDonnell end to control future development. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: No existing housing or population is located within the area proposed for annexation. FISCAL IMPACT: Undetermined R peat ly su itt et 8repared :C k' (1 ~t flick Sv~hi'a I..ttl L~ ~ t Acting City Manager David Ellison Senior Planner • Approved: Jeff Meyer Director of Planning and Development 1005& "J'', 7717 77~41 l 'L NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACFNT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND A.:ONSISTING OF APPROXIMATELY 304.94 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE W. DURHAM SURVEY, ABSTRACT NUMBER 330 AND N. FORREST SAME AS ABSTRACT AGRICULTU*r NO. L 41A" D STRICTaPROPERTYE; ANDCLA.SSIFYING THE ' DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was intrvduced at a regular meeting of thi City Council of the City of Denton, Texas, on the petition of Hiller of Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the Ga day of _..4 _ ,y „ r 1 1985 in the Council Chambers for all -1nterested persons Co state their views and yresant evider.:e bearing upon the anoaxatior; provided by this ordinance; and WHEREAS, an opportunity was sffordea, at a public hearing held for that purpose on the 4c'1 day of + •1 - „ , r- , 1985 in the Council Cnambers for all =t-rested persons to state their views and present evidence bearing upon the annexattoo provided by this ordinance; and • WHEREAS, this orvinance has been published in full at least c-e time in the official newspaper of the City of Denton, Texas, pr or to its affrctive date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENT014 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 Laid City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privi;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 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 follow,, to-w Lt: TRACT 1: All that certain trace or parcel of land lying and being situate in the County of Denton, State of Texas, being a part of the W. Durham Survey, Abstract Number 330 and more particularly described as full.:ia; BEGINNING at a point in the present city limits as described in Ordinance No. 84.980 said point also being the Northwest corner of said survey; THENCE South 850 55' 43" East, along said city limits, same being the North boundaryy line of said survey, a distance of 1,363.36 feet to a point Eor a corner; THENCE South a distance of 130.16 feet to a point for a corner; THENCE East a distance of 15.0 fact to a point for a corner; A-23/PAGE ONE THENCE South a distance of 8f O.0 feet to a point for a corner; THENCE South 140 01' 06" ws;st a distance of 274.05 feet to a point for a corner; THENCE South 400 25' 00" Vest a distance of 220.14 feet to a point for a corner in the Nottheast right-of-way line of FM 426; THENCE South 430 02' 02" West a distance of 100.13 feet to a point for a corner in the Southwest right-of-way line of FM 426; THENCE South 00 29' 3l" East a distance of 1,472.35 feet tc a point for a corner; 11 THE14CE North 890 23' 15" West a distance of 1,111.07 feet to a point for a corner; THENCE North to 30' 37" East a distance of 2,340.84 feet point for a corner in the Southwest right-of-way line of FM ~,l6 THENCE North 150 0' U2" west crossing rM 426 a F 137.12 feet to a point for a corner in the Northeast right-it i line of FH 426 and in the West boundary line of said survey; THENCE North 00 45' 09" East along said survey line a of 1,566.+. test ru tie place cf cegir,oIng and containing ti,, acres of land more or less. . TRAC1 2; All that certain tract or parcel of land lytrg s t ate3 in the County of Denton, State of Texas, teing the 11. Forrest Survey. A. Pis :.a.,t °.d r described as follows; fy: PI BEGINNING at a point in the present 1 f•e;i.r, ,sti point lying south 870 40' 46" East, 500 feet frum the Av rt F Lot L, Block r of the subdivision of the M. Forrest Survey, point also being in inner ell corner of the tract described is Ordinance Number 84-91. THENCE South 870 4f' .6" East. along said city limits, j North boundary line ~ F a distance of 921.28 feet to i point for a corner; THENCE ri t' 0 along said city limits, of 335.65 or [-r a corner; .1 .1 5 ';tance ^ ter to ar,.,.,. r,_, corner; THENC': north 20 40' 39" east, along said city limits, a distance of 264.28 feet to a point for a corner; THENCE South 840 48' 42" East a distance of 40.14 feet to a point for a corner; THENCE South 50 18' 14" West a distance of 247.94 feet to a point for a corner; THENCE South 870 26' 10" East a distance of 182.11 feet to a pprint for a corner in the boundary line of a tract conveyed to the • U.S. Government; THENCE :,outh 00 33' 01" West, along said line, a distance o' 409.37 feet to a U.S. Corps of Engineers monument (No. Q-309-W) for a corner; A-23/PAGE TVO { 1 THENCE South 60 11' 32" East. along said line, a distance of 792.72 feet to a U.S. Corps of Engineers monument (No. Q-308-W) for + corner; THENCE South 30 28' 02" West, along said line, a distance of 576.21 feet to a Corps of Engineers monument (No. corner; Q-307-Y) for a T 437.4 HENCE North 550 02' 53" West, along said line, a distance of corner; feet to a Corps of Engineers monument (No, Q-3( 6-W) for a corne THENCE North 500 0' 06" West, along said line, a distance of 30.65 feet to a Corps of Engin co"c,ier; eers monument (No. Q-305-W) for a THENCE Not,', 540 16' 46" West, along said li'le, a distance of 442.83 feet to a Corps 3f Engineers monument (No. Q-304-Y) for a corner; THENCE North 350 50' 0" Wost, along said Line, a distance of 432.47 feat to a point limits; for a corner in the said present city THENCE North 20 19' 14" East, along said city limits, a distanco of 352.66 feet to a place of beginning and contaiatng 27.84 acres. TRACT 3: All that certain tract or parcel of land lying and beingg • situated in the County of Denton, State of Texas, being a part of t'z H. Forrest Survey, Abstract Number 417 and more particularly described as follows; BEGINNING at a potnt in the present city limits as described in Ordinance Mo. 84-98, said point also being the Northwest corner of Lot L, Block F of the subdivision of said survey; THENCE South 870 14' 58" East, along said city 'imits and the North boundary line of said Lot 10 a distance of 1,.18.5 feet to a point for a corner, same being the Northeast corner of ;id Lot 1 and the Northwest corner of Lot 2, Block F; THENCE South 30 06' 51" West, along said city limits and the East boundary line of Lot L and the West boun,',iry line of Lot 2, a distance of 1,777.1 feet to a point for a coder; TH°r;CE North 860 23' 03" West, along said city :imits 3 distance of 737.94 feet to a point for a corner; THENCE North 160 50' 50" East a distance of 146 41 feet to a point for a corner; THENCE North 820 33' 40" West a distance of 707.31 feet to a point for a corner in the West boundary line of "paid Lot 1; THENCE North 20 45' 06" East, along the West boundary line of said Lot to a distance of 561.45 feet to a point for a corner; THENCE South 860 10' 37" East a distance of 194.01 fe.t to a point for a cornet; THENCE North 480 27' 38" East a distance of 28.64 feet to a point for a corner; A-23/PACE 1HAE2 Z T' THENCE North 90 13' 56" Vest a distance of 72.59 feet to a point for a corner; THENCE North 390 15' 29" Vest a distance of 87.11 feet to a point for a corr.-.r; THENCE North 750 04' 19" Vest a distance of 144.36 feet to a point for a corner in the Vest boundary lino of said Lot 1; THENCE North 20 45' 06" East along the Vest boundary lino of said Lot 1, a distance of 822.11 feet to the place of beginning and containing 53.94 acres of land more or less. TRACT 4: All that certain tract c. parcel of land lying and being s tuate in the County of Denton, State of Texas, and being part of the N. Forrest Survey, Abstract 417 and more particularly described as follows; Tract A BEGINNING at a point in the present city limits as Tact ed in Ordinance 84.95, said point lying in the North boundary line, 500 fee: Vest of the Northeast corner of Lot 12, Block A, of the subdivision of said survey; THENCE South along said Cityy limits, a distance of 2,030.86 feet to a point for a corner in the South boundary line of said Lot 12; THENCE North 89042'04" Vest, along said South boundary 1!ne and along the North boundary line of an Zest and Vest road, kaovn as Blagg Road, a distances of 400.79 feat to a point for a corner; THENCE North 27005146" east, a distance of 471.01 test to a point for a corner; THENCE North 62033145" Vest, a distance of 828.29 feet to a point f.-,r a corner in the Vest boundary line of said Lot 12; TPENC' North, along said west boundary line a distance of 10229.81 feet to the Northwest corner of said Lot 12; THENCE Louth 84052'11" East, alone the North boundary line of said Lot 12, a distance of 944.44 Lett to the pl,.ia of beginning and containing 34.22 acres of land more or less. Tract 8 BEGINNING tr a point it., the present city 11.mits as descriTed in Ordinance 84 989 said point lying Ln the Northeast corner of Lot 11 ?,d the Northwest ecrner of Lot 13, Block A, of the subdivision of said Forrest Survey; THENCE North 89055'21" East, along the North boundary line cf said Lot 13, a distance of 1,388.89 feet to t'e Northeast corner of said Lot 13, said point lying in a North and South road, known as Trinity Road; THENCE South 0030`53" Vest, along the East boundary line of said Lot 13 passing its Southeast co:ner lame being the Northeast corner of Lot 6, Block B, for a total distance of 2,322.47 feet to a point for a corner in the East boundary line of said Lot 6; THENCE North 89006'58" Vest, along the North boundary line cf an East and West road known as Blogg Road, a distance of 1,394.3 feet to a point for a corner in said City liaits, same being the West . bounder) line of said Lot 6; A•23/PACE FOUR ~ .,fir 'dJ Stky . r1 y THENCE North 0039' East, along said lines, .a distar<- ai 61 feet to the Northwest corner of said Lot b, tape being x Southwest corner of Lot 13, Block 8; THENCE North, along said lines a distance a 2,032 " tae-? t, L n e place of beginning and containing 13.82 acres Ldod, z,.re Or less. SECTION 11. The above described property is hereby c':assifia as A~ricul- tural "A" District and shall so appear on tr,.a offt-.i :_a ng map of th.+ City of Denton, Texas, vhich as ?t =eraby amended accordingly. SECTION III. This ordinance shall be effect ve nmediately upca %ts Fassage, Introduced before the City Council or, era day of , 1985. PASSED AND APPROVED by r:;e City CounCil On Lhe dr. ::t 1983. r tfTi:'tG1Eb6: ~'iEG'xAT,~t'~`IbEf clry OF DENTON, TEXAS ATTEST: CHARLOTT . ALLEN, Y S U W-1TM CITY OF DFNTON, I WS APPROVED AS TO T GAL F,JrM DEBRA ADAM I DFr V17 A, i', T)RNE i CIiY Of lj'4rj " BY: ~a~ .l ..l l[4 G_~~ d- ...L A-2i,IPACE FIVE T 7- T- OWN PLAN OF SERVICE FOR INNI EP AREA, CITY OF DE TO N TEXAS WHEREAS, Art1,:1e r,:& as amended rA(luires that a plan of service be adopted by ttse governing body of a cit pr nr to passage of an ordinance annexing an area; and WHEREAS, the City of P(-nto, is enntemplating nnnexat-)n of an ar)a which is bounded as shown ot, a mail of the proposed ann, _.,rion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO' iLok THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted f(-~ the propo,ood annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed • as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection Ly the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Stater for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D, Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, 'T'exas. E. Refuse Collection (1) The sama regular refuse collection service now pro- vided within the c'ty will be extended to the annexed area within one month after the effective date of annexation; lit h i dM~M1 SOrVice Plan Annexed Areas Page two i F. Streets (1) Emergency maintenance of streets (repair of hazardoma 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 thv! 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 accordanc^ 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 a,:d policies now used in the present city will be fol- lowed in expanding the recreational program and I facilities in the enlarged city. K. El7ctric Distribution (1) The city recommends the use of City of Denton for electric power. I~. Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of populat+on, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical. restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area,will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. • 1 f _ .r.. ; I ter.,,, ,--~'*-t •:?~';<':';~'?;1~. . r.}}:::. 1 ~ i.:. I 1 1 , ' • 1 v~ ' ~ vrrr '}R•. ' ~ rM. '::;i` ' ! ~ :•i} ' r :r ...1 ` ~ ~ ~ ` L_ .--z : ~:r ::r... ~ :rr :i• ~ 1 1 • ~$'~:h +c ~;:ryft. ~ f 1 ~ ~fr .r~.~ ~ ~w 1 (7~► F:;~'~F~f off i~f fir /i ~~~ii r....._.,.~ r. .v r.•t~. , f ~ f _ r A-23 ANNEXATION SCHEDULE July 8, 19:5 Submit City Council agenda item July 9, 1985 Submit City Council agenda back-up 4._ *July 16, 1985 City Council sets date, time and place foz public hearing July 24, 1985 Notice to Denton Record Chronicle July 26, 1985 Publish notice and ma'.1out July 29, 1985 Submit City Council agenda item July 30, 1985 Submit City Council agenda back-up ✓*August 6, 1985 City Council holds public hearing ✓ August 7, 1985 Notice to Denton Record Chronicle August 9, 1985 Publish notice and mailout A,:;iust 12, 1985 Submit City Council agenda item • August 130 1985 Submit City Counoil agenda back-up r✓*August 20, 1985 City Council holds second public hearing v August 26, 1985 Submit City Council agenda item August 27, 1985 Submit City Council agenda back-up *September 3, 1985 City council institutes annexation proceedings September 6, 1985 Ordinance to Denton Record Chronicle September 8, 1985 Publish ordinance October 7, 1985 Submit City Council agenda item October 8, 1985 Submit City Council agenda back-up *October 15, 1985 Final action by City Council *Denotes action by the City Council 0964g r J . PE'T'ITION FOR ANNEXATION AND ZONING CLASSIFICATION TO THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL OF DENTON, TEXAS: I/We, the undersigned, owner(s) of, or party(s) with financial interest in, all of the property herein described, do hPrsby file thl,,, my/our petition, asking that thtl said property be annexed and the zoning classification of the said property be under the provi3ions of Chapter 13, Parts II and III of the Code of Ordinances of the City of Denton, Texas. The said property is located on Street, and is more particularly described as follows: i - I i N.31E (please print): - - -a ell, ADDRESS: - CITY: STATE' PHONE: ==01J, '4 SIGNATURE, Submitted this day of r. r . DATE: 9/3/9S: CITY COUNCIL REPORT FORHAT VJ~ F. TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Adoption of ordinance for lonino case Z-1746 RECOMMENDATION: The City Council approved 9-1,746 at a public hearinq on July 16, 1985. SUMMARY: The approved zoning was a change from the agricultural (A) classification to the planned devel)flment (PD) district on a 195.34 acre tract locatel adjacent and 4est of Teasley Lane and adjacent and north of Hobson Lane. BACKGROT,ND: The approved development will include single family (F.F-16), ;SF-10), (Sr-7), duplex (2r'), cluster housing, tennis club and park land uses. The project is compat- ible with intensity policies and surrounding land uses for the area. PROGRAMS. DEPAF.TMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: There is no impact on the general fund, lly s bm itted: RPN R c Ln City Manager Prepared by: &'V, i.. l; cZcile Carson Urban Planner Appr ed' Director of Planning and Community Development ~s~ 1119E . NO. AN ORDINANCE AAWNDINO THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME NAI ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTGN, TEXAS BY ORDINANCE NO. 69-3, AS AMENDED, AND AS SAID MAP APPLIES TO 195.349 ACREV GS LAND LOCATED WEST OF TEASLEY LANE AND NORTH OF HOBSON LANE, AND IS MORE PARTICULARLY DESCRIHEJ HEREIN, TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATIUN FROM AGRIC"LTURAL "A" DL%TRICT CLASSIFICATION AND USE DESIGNATION To PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATIONr PROVIDINl FOR P. MAXIMUM PENALTY Oa 31,000.00 FOR 111OLATIONS THEREOF PROVIDING FOR A SEVERABILITi CLAUSEI ANO ,ROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF fHE CITY OF DENTON, TEXAS, HEREBY OROAINS1 SECTION 1. That the toning classification and ise designation of. the following described property, to-wit► All tnat certain tract or parcel of land situated in the C- Pouilalior Survey, Abstract 1007, and the S, C. Hirams Survey, Abstract No. 616, in the City and County of Denton, Texas, bung • part of a certain tract deeded by Mrs. M. Saunders, Eaecutr►x to Joe Hobson an July 2, 1949, cecor!eri ►n volume 351, page 545, t-,d Records of said county, and Doing more particularly descrieed as followss BEGINNING at a fence corner on the north line of Hobson -an* at a point nortit 42 toot and north $945' west 300 feet from tree soutneast Cotner 'if said Poullaliec Sucve„ which was the original soutneast corntr of said tractr THENCE Noctn 09045' west with the nor~.n line of HoosOA Lane 2373.6 feet to a fence corner at a point 42 feet nortn and 50 feet east of the southwest corner of said Poullaliec Survey; THENCE north 00037' oast with a fence 1746.12 feet to a fence cog-lerr THENCE aoute 81*2S' east witn a fence 1214.0 feet to a fence cornet; THENCE noc_h 00.36' 4okst with a fence ana crossing the north line of Poullaliec Survey wnleft is the soutn line of Hirams Survey 3176.5 feet to a steel pins THENCE south 89045' east ana recrossing said survey line 1354.45 feet to a steel pin in a fence on the west rignt-of-way of FM Road 21611 THENCE soutn with said tight-of-way 3520.0 feet to a point for a corners THENCE north 89044' west a distance of 320.0 feet for a corners THENCE south a distance of 570 feet to a point for corner; THENCE soutn 30009103' east a distance of 145.61 feet to point for corners PAGE 1 I , THENCE south with a fence 700.0 test to the point of beginning and contalnlnq 195.349 acres of land. is noreoy changed from Ag~tcultur "A' Dlatcict Classification and vu designation to Planneu Development 'PD' District Classification and Use designation under the comprenensivw toning ordinance of the City of Denton, Texas, SECTION It. That. prior to issuance of any certificate of occupancy for, the use of any building within the planned development district, the following conditions and restrictions anSll be met and applies A, Electrical service to all buildings within the district shall be supplied by underground facilities, axuept for one aoove-ground transmission line. B. No private or individual. reszder,tial vehicular access shall be permitted from Hobson Jr Teasley Lane to any building within the district. C. That too areas designated on the attacrjed Site plan as sr-16# SP-13, St-10, SF-7 and 2-F snail be developee n accordance with, and be governed by, the zo,,Lng regulations applicable to such zoning dis^.clcts. D. rr.a areas designated for single family use (SF-l6, bF-13, SF-10 and SF-7) snail oe developed concurrently with the cluster housing area, E. A masonry fence, of a minimum height of six feet, or a living fence, shall be constructed or installed along the w4stern oounaary of the cluster housing area, F. Mission street snail be constructed as a collector street, witn a 60 foot rignt-of-way, between Highway , 317 and Teasley Lane. G. Tne cluster housing area snail to used for buildings that nave no more than six attached dwtliing units per building. : EC'tION Ill. A. Tnat prior to any development or construction within the areas designated on the attached site plan, a comprenensive site c+r final development plan for those areas snall oe submitted for approval in accordance witn the Ftoctdures required lot planned development districto. Tne plans Submitted for such areas shall meet the following requirements and conditionss 1. The plan snail snow l'ne type, location, and arrange- ment of the dwelling units and common areas for the cluster housing area. No building tnerein shall be over two stories in height. 2. A tree survey snail be submitted snowing the location of trees and which will remain and wnich will oe removed as a result of the development. a. That the approval of the district showing designated great on the atta(:ned site plan Jr. reference to other coning districts, snail not, and is not intended to be deemed as approval of such PAGE 2 T 7=W designated areas for any particular land use, but snail o• construed only on to mean that uses allowed in such zoning district: the date such comprehensive site plan is suomitted may a considered as possible appropriate uses for sucn designated areas, the approval thereof oases upon sucn factors, which may include, out not be limited tot the time elapsed from the effective date of this ordinance to the date such comprehensive site plans for such areas are suomittedi the number of proposed buildings, dwelling units and proposed u:esl the arrangement and design of the ouild- ings, streets, parking areas, utilities and other development featuresi and the proposed regulations to be applied to sucn areas. SECTION IV. That the development of the property snail be in substantial compliance with the final comprehensive site plans attacned hereto or any comprehensive site plan neceafter approved for any part of the district as required herein and made a part netsof for all pur- poses and the regulations, conditions end provisions contained herein, The Zoning Map of the City of Denton, Texas, adepted the 14th day of January, X969, as an Appendix to tie Code of ordinances of the City of Denton, Texas linter Ordinance No. 69-1, as amended, be, and the same ie hecaty amended to Show much change in District Classification and Cie subject to the above conditions and specifications. SECTION V. That the City Council of the City of Denton, Texas, nereby finds that sucn change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the city of Denton, Texas, and with reasonaole 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 att appropriate uses of lard for the maxi.num benefit to the City of va.as, and itv citizens. SECTION Via Any person who snall violate a provision, of this ordinance, or fails s:. comply tnerewith or with any of the requirements tnereof, of of a permit or certificate issued tneceundec, shall oe guilty of a misdemeanor punishaole by a fine not exceeding One Thousand Dollars (=1,000.GO), Each such person shall ee deemed guilty of a seyacate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or constnued, and upon conviction of any such violations such person shall be punished wicnin the llmits above. SECTION VII_ it ny word in section, ordsuDsection, inance, or pararah Sentence, f to clauses person or circumstance is held -nvalid oy any court of rcmpetent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would nave enacted such remaining portions despite any sucn tnvalidity, PAGE ) ✓j i ,.'y. y -77 SECTION VIII. Tnat tnis ordinance shall Decome of ectiv* fourteen Crom the date of its passage, 114► days directed and to cause the caption o; the City Sacratasy is neceby rdi twice in the Denton Record •Chcontcl*thh , thaooffinancciale to to b be e newspaper publlisned the City Of Denton, Texas, within ten 1,10) days of the date of its passage. PASSED AND APPROVED this the _ day of , 1985. R A 1 WART, MAY R CITY OF DENTON, TEXAS . ATTESTt CHARLO TALLEN*-MYY SE RETAry CITY OF OENTON, TEXAS APPROVED AS TO LEGAL FORMS DEBRA ArAmt D°IAYOVITCH, CITY ATTORNEY CITY OF DENTON* TEXAS dYtr 'r t PACE 4 f _ `TlI auk Iw« 11« 'f:~w Mk i-^ ~ MIX VMf ~ 1 ISM^~ J m - ~ io if . 4 Y 1 i •.~XIN wo IY 100 Y ftm !p IY W 1 _ r tin • -115 IIIIINIIIIIIII 71 P 4 2 Minutes June 26, 1983 Page 3 i i • B, Z-1746. Petition of Randall Smith requesting a change WTUffing from the ag:icultural (A) classification to the planned development (PD) classification on 200.SI acres located west o? Teasley Lane and north of Hobson Lane. The follor!ng land uses are proposed for the planned development: Single Famlly (SF-16) - 15.62 acres Density 2.2 units pper acre, total units 33 Single Family (SF-13) - 24.21 acres Density 2.63 unite per acre, total units 64 Single Family (SF-10) - 46.91 acres Density 2.81 units per acre, total units 132 Tennis Club - 9.98 acres Single Family (SF-1) - 36,92 acres Density 3,53 unit3 per acre, total ti.nits 130 Duplex - 18.32 acres Density S.S units per acre, total units 100 Cluster Housing - 29,91 acres Density 10.9 units per acre, total units 326 Fifty notices were mailed to property owners within 200 feet; no reply forms were received in favor, eight reply forms were received in opposition, one undecided reply fora was received. PETITIONER: Roger Barrett, planner for the project, TT-2CFd'"' 1t developer fails this will be a prem er housing development in the city. Points of access will be limited to minimize traffic impact, no private _ices$ will be per- mitted on Teasley or Hobson. He said that only five or six lots will front on the proposed internal collector street. He thinks they have an excellent land plan with SF-16 and SF-10 buffering existing developments. He said they plan to do some buffering with fencing and landscaping to help promota environmental aspects znd to not adversely affect surrounding developments. He said that drainage piays a major role and they have handled that by ma44n it an amenity; ponds will. act as detention with housing backing up to them. Theyy will have a maintainable water surface with no dry ditchar or mud holes. They will promote a parklike atmosphere. Recreational facilities will be contained within the development so residents won't have to access onto major arteries. M:. Sidor asked who would eaintain ponds and Mr. Barrett said that a tenant's and homeowner's association will be formal but until development is built up it will be the respoasihility of developer to maintain. He said that a homeowner would own to the center of the pusid. Mr. Juren asked if it would '%alp alleviate some of the flooding that exists and Mr. Barrett said they will not put more water un downstream. Randall Smith, petitioner, st.ted they have had several meetings with neighborhood representatives, that the major concern was intensity. He said they have eliminated all mulk.-family and office/retail, that density has been reduced to less than 800 tttai units and they have come up with best plan possible. Mr. Pearson asked about street shown on concept plan connecting to Hobson Lane stating he is concerned about safetyy because of the existing hill on Hobson. Mr Smith said he believes proposed strata is below the hill, how- ever, it could be moved, he didn't consider that a }roblem, IN FAVOR: None present. •i n x: Y',t~~)'v ~4x.>.4 yi ~~1 tla,x v.h~ 7n+. . „y .,p r P 3 2 ylnuces 1485 Jyne 26 Pilo 1 S OPPOSED: Connie Schueler 2806 Santa M:;Uica, asked about flood management. he asked if any construction is planned in the floodway. Mr. 8dwords answered that it is, Ms. Schueler said that she understood construction is not allowed in floodway and ask 9d how this could be done. Mr. Clark advised that anyt~in& planned in flood- plain and floodway has to be apprnved by FW A. Mr.. Edwards advised that design will be submitted to FEMA for approval, wnen approval is secured then conttruction can begin. Ms. Schueler asked what is going to happen to downstream people if construction is allowed in floodway. She advised that area is under study by Corps of Engineers and it is her underst2nding that a draft of results of that study wilt be available within 60 days. She suggested waiting until that time before approving any construction in floodway. Chairman agreed that these are legitimate concerns but advised that these questions will be addressed during platting state. He said that subdivisior regulations adopted in 1983 specificially address th.,, that no construction is allowed to affect downst.-tam, that offsite improvements would be requirmd, Mr. Sidor asked if she would be in favor of proposal if all drainage protleiis were corrected and all requirements of F EfA were met. Ms. Schueler said no, her concern is flooding and value of their hones, that she didn't think construction should be allowed in designated floodway. Jim ROAers, 30100 Santa Monica, said that developer has worked with them on question of density, that has been addressed in a satisfactory manner. He said they are still concerned about water, about additional runoff from driveways and roofs. He said they have problems wita i runoff from Forrestridge. He asked that request be denied for now, that development be delayed until they can see some hard facts about how the water can be handed. He asked that city put planning ahead of crisis and find some j way to handie the water. Jeff Bodley, Acme Brick Comnany, stated they have two concerns. They feel there should be some sort of screening separating their industrial use fror, proposed residential use such as fences or terms. He said another developer said he was going to put in a fence but it was never done. People from that development come onto their property, it is dangerous and is not a particularly attractive site as they do have equipment and pits. He said they feet the residential area will create problems for them and for peopit occupying those residences. He said they contribute to economy of Denton and do plan expansion in the next four to five years. They alsi feel that Mission Street should be a dedicated truck route tnrough this development t4 Teasley Lane. Billie Hubbard, 3011 Santa Ao.nica, stated her house is flooded during normal rains. She is concerned about what is going to happen during construction, to roads with construction materials coming in,and to the water. She questioned elevation stating that much of Denton is being ruined because it is being ,lived down. Chairman advised that many of these questions are addressed during platting stage, that Commission has a conceptual idea of what is going to happen, that a detailed site plan must be submitted before development occurs which viii require another public hearing. f n 1.. rT. `A % r f t r a . r P 6 2 Minutes June t6, 1985 Page i . Are Pearsen commerited that Commi¢StOn 143 looking at land use, that drainags problem is important but it is a tec.t- nlcal question- Technical questions are answered at platting stage, toning has to be rooked at first. Ms. Hubbard askei whr nas control over people who are doing the construction work. Mr. :lark lviscd that City of Denton adopted an erosion control ordinance on June 1st of this Year, that city will enforce it during construction. Mr. Posrsoll expre!scd concern about, damage to the ores by constrjcti.nn. No $usYested a lrairage study fer whole southern area of c;ty. He said they are having problems from Forrestridge tend the development across from the school, therti is nothing to prevent the damPgo thit occurs. He also pointed out that existingg sewer is Inadequate, it is well over capacity. He slid he realizes it is being improved but. he questions whether it is going to be enough for all development proposed. Mr. Runfic^c idvised that present upgrading pf Hobson lift static,, will handle this developmont and several more, that is is anticipated that it will be completed in a couple of months. Mr. Pearsoll asked who would protect then froo all the mud during this development. Mr. Clark reated that city- s. erosion control ordinance is now in efpefect, that it is his respousibillty to enforce it. He said that detentior ponds will be required, that no construction will be allowed unless they build the detention ponds. Ed Meyer stated that with detention ponds and lakes he is concerned & .out the small children. He is not in favor of ponds, the land is being used now for wiilflowers and trees, these are bi,ing taken away fr,;m them. He said that Denton now has s30 single family hom:s on the market for + sale. that he doesn't see tt.e need for tearing up all the greenery. He added that Teasley wa, repaved last year and is already breaking up. Mr. Sidor commenced that with the total 200 acres under one dtveloper there :.ould be better control of drair,aga and utilities. STAFF REPORT: Ns. Carson gave history of this property and tatI14"rhat this proposal has redur.ed deast;y to g00 units, that it includes single family, duplex and cluster hcusing, tennis club and parkland. She said it is a low intensity area, that with this proposal area would be 8 percent under intensity standard. Drains ga is -A major saw, however, the to has been reviewed and it is felt hat tistsntion will be tdequatel this will be addressed iurr,lrr during the platting stage. Transportation s a tot.trn, property is bordered by :wo adequate streets, titers arr problems as fat as circulation is concerned. There hr been a request o make Hissi n Street a col- lector street, sidewalks are requlrid on a collector street. She contln•sed that no private access will be allowed on Teasley or on Hobson and with completion of the Hobson lift itstion sewer problem will be solved. Adoqusate open space is being provided and stafl recom- mends approval subject to t e following conditions: yr n nSv S P 4 Z Mltnutes June 260' 1W Page 6 . 1. A comprehensive site play mu!,t be a raved by the Planning and Inning commission and City Council. 2. electric service to the d-qvtlopment shall be underground with the exception of one overhead transmission line. 3. Final dct~tila of street alignment shall be determir.•d in accordance with City of Denton subdivision and Land Development Regulations. 1. No private si residential access will be permitted frDm Teasley or Hobson Lanes. S. Development standards (setbacks, lot sizes, lot coverage) for tie SF-16, SF-13, SF-10, SF-7 and 2-F areas shall be consistent with the standards for those district,, and with Article F, Section B, Primary Residential Uses, of the Zoning Ordinance. 6. The single family arirs must be developed concurrently with the cluste- housing a.eas. 7. The like system in the development shall be maintained by the developer or homeowner's association unless the City agrees to maintain this area at the time of platting. S. The cluster housing will be attached units typpi..ally four-plexes or six-plexes, with a maximum his t of two stories and with common open spaces. All other development ♦tandards shall be consistent with standards for single foxily attached units in the city of Denton Zoning Ordinance. 9. Fxisting trees on the site shall be preserved when Fissible. 10. A living fence or a six (6) foot easonry fence shall be constructed along the western poundary of the cluster housing. She sold if Commission 1s Inclined to aplrove request, staff would like It tc address the issue of Mission Street being a collector street and whether it should be extr,nded to highway 377 or whether it should stop at boundary of this planned development. Mr. LaPorte said the developer has already inquired about purchasing right - of-way from where it leaves his property to 377. He questioned the condition p,esorving trees asking who would enforce that condi:lon. Mr. Ellison replied that It would be a negotiation process with Developrent Review Committee. Mr. LaPorte asked about glens for Teasley Lane and Mr. Clerk said it is in the five year highway department plan, however, there has been no formal commitment as to when from the state. City has voted bond aoney to participate and he feels the city should force the state to make a commitment. He said the city is lookin at wideniig the portion, between 1-35 and Dallis Lrfvo this year. Mr. Sidor asked if Teasley was not a farm to market road woulJ perimeter street regal,attons apply. Mr. Ciark said that normally applies to seal teat ;,)ads, that this is a:tually an im- proved road with full depth paving, that ho: doesn't know whrt the legal position would be. On question about Hobson Lane, Mr. Clark said it is a city stroet which will be reconstructed this year, that developer will have to install paving, curb and gutter along his frontage. • REBUTTAL: Mr. Edwards said that, most of the comments concerned drainage and e,igineering. He satd that FEMA has DDuublished a of Fi 0odway, that Dasthopphhs#letreonquirerequimeret nmesnwitsl l (hoar cfnodlldifiwecdatoionn this project, He said they ire pplanning on detention and have cone some prelimtniry a lculations on the site, that SO acre feet of stor+ij3 can be provided on this site plan and that can be adjusted if necessary after final csicu- P b i Minutes June 16, 1985 Page 7 iatlons. He said it till be adequate for protection of downstream and that It will actually help as all silt generated by this development and existing developments along Londonderry will be caught by their ponds. He said sewer capacity has been addressed by staff. He said that Teasley is included in the highway department four year plan for funding between 1986 and 1990. It will be a four lane facility and will increase capacity from 10,000 to 40,000 trips per day. This developpnment will not exceed capacity of street. He said that 7easiey is the desig- nated truck route and city engineer will require all trucks to enter by Teasley, not by Hobson. He added they feel they have met all concerns that •rere expressed at the last meeting in reducing density and feel this is d li•:ab1: plan. Mr. Sidor asked about petitioner's reaction to extending .mission Street to Highway 377, Mr. Smith said that Idission Street currently ends at a storage shed in the middle of street. He said the only obstacle they weld have 1: they would have to cross Acme Brick property and acquire right-of-way. He suggested that city could condemn right-of•way, lie said they do not now abut Mission Street, that there is property between their tract and existing Mlsslun Street, Mr. Sidor asked if this could be handled at platting stage and Mr. Smith said yes. Ms. Carson said that staff is not recomr,ending Chit Mission be d collector street, that staff would like direction from Commission. Mr. LaForte asked petitioner if he had met with all people. Mr. Smith said before his previous request he had con- tacted every home owner within 200 feet, that comments and questions at that time were about traffic, drainage and density, After the last meeting, he met with repre- sentatives of those homeowners and they indicated t1ey did not disapprove. He further stated that when the last large rain occured he was on the site during the rasn and shortly thereafter. He said property is very flat and a few inches of water covers the property. He said they are going to provide drainage capacity to c.>ntrol that water. Mr. Barrett said most of people were not necessarily opposed to development, they were mostly concerned aoout drainage. Public hearing closed. DECISION: Mr. Sidor moved to recommend approval of Z-1746 wTr a reven conditions as suggested by staff. Se.onded by M,'. Juren. Vote war. called: Aye - Es,:ue, !wren, Pearson, Sidor Nay • Clitiborne, Cole, Laforte Motion carried (4-3). Question of whether intent of motion was to extend Mission Street all the way to Highway 377 or to developer's prop- arty line i••as raised. Question was asked whether developer owns all the way to 377 and answer was that Acne owns a section chat connects to 377 which is not a part of any street. hr. Sidor commented that it was his intention to recommend extension of Mission Street as a collector street all thr way to Highway 377 as there is no advantage in hav- ing Mission as a collector street if it is going to deadend at teveloper's property, that it should be extended to 377. P A Z Minutes June 26, 1985 Page 8 Q Ns. Carson said that planning and engineering staff would like that. Mr. Bodley commented that it is In their interest to see street go through and they would not hold anybody up in acquiring the property. Mr. Morris advised that Commission should reopen consid- eration of case. It was moved by Mr. Escue and seconded by Mr. Sidor to reconsider request. Mr. ►uren said he feels requiring the developer to improve Mission Street to Highway 377 would be overburdening the developer, that when adjacent property comes it, they can ` pave. Mr. LaForte commented that most of property is already platted. Vote was called and motion to reopen consideration carried S-2 (Mr. Juren and Mr. Claiborne voted no). Mr. Sidor moved to recommend approval of Z-1746 subject to the following conditions; 1. A comprehensive site plan must oe approved by the Planning and Zoning Commission and City Council. 2. Electric service to the development shall be underground with the exception of one overhead tra:smission line. 3. Final details of street alignment shall oe deter- mined in accordance with City of Denton S,bdivision and Land Development Regulations. 4. No private or residential access will be permitted from Teasley or Hobson Lanes. S. Development standards (setbacks, lot sites, lot coverage) for the SF-16, SF-13, SF-10, SF-7 and 2-F areas shall be consistent with the standards for those districts and with Article F, Section H, Primary Residential Uses, of the Zoning Ordinance. 6. The single family areas must be developed con-, currently with the cluster housing areas. 7. The lake system In the development shall be + maintained by the developer ,r homeowner's association unless the City agrees to maintain this area at the time of platting. 8. The cluster housing will be attached units, typically four-plexes or six-plexr.i, with a maximum height of two stories and with common open spaces. All other development standards shall be consistent with standards for single family attached units in the City of. Denton Zoning Ordinance. 9. Existing trees on the site shall be preserved when possible. L0. A living fence or a six (6) foot masonry fence shall be constructed along the western boundary of the cluster housing. II. Mission Street shall be constructed by the developer as a collector street, with 60 feet of tight-of-way, between Highway 371 and Teasley Lane. Seconded by Mr. Pearson. Ms. Carson advised that part of the street is already constructed along Acme property, that offs►te improvement would be needed for construction between existing part of Mission and Mission Street that would be built. P d Z Ainutes June 26, 1985 Page 9 S Me. Pearson said that he inderstood extension to 377 was a staff recommendation. He moved to amend motion to delete condition 11 on basis that there would be problems with condemnation. Mr. Clark said he would like collector streer extended to 377. Ms. Carson said from a planning standpoint :t would be preferable to haves Mission extended to 377. Mr. J ren seconded the motion to delete condition Ill stating that he nas no problem with 6U feet of right- of-way but does have a problem with condemnation. Mr. Sidor said III is a condition of approval, that if Mission Street is not extended to 377 there is no need for 60 feet of right-of-way. Mr. Pearson suggested having a 60 foot collector now within this development and in the future connect it to 317. Mr. Clark advised then all citizens could have to pay for the street rather than the developer, with major traffic of land, payinq for it because he uses it. Vote was called on amendment: Aye - Juren, Pearson Nay - Clalborne, Cole, Escue, LaForte, Sidor :lotion failed (S-I). Vote was called on original motion: Aye - Escue, Juren, Pearson, Sidor Nay - Claiborne, Cole, LaForte Motion carried (4-3). S-184. Petition of Mgy Burnside requesting apgG oval o~specific use permit in a single family ISF-7) zoning district on a 2.1 acre tract located at the scuthwest c)rner of Sherman Drive and Hercules Lane, The property Is more particularly doscribed as 2321 Sherman Drive, lot s 1, block 1, of the Nazarene Addition. if approved. the specitic use permit would allow the operation of a day rare center in a single family (SF-7) zoning district. Sixteen notices were mailed to property owners within 200 feet; no reply forms were received in favor, 12 reply forms were received in opposition. One reply in favor from a person not on the mailing list was received. A petition with 104 signatures in opposition was also received. PETITIUNEKi Reverend Burnside, pastor of tho church, asTteT7,73se present in favor to stand, about 20 responded. He .tate•1 that they are requesting permission ict a pre- schiol and day care center for ultimate use of their facility, that this is a growing community with a large number of working mothers. He said there is only one other facility north of University and they feel there is a need. fie continued that the Church of the Nazarene is recognized as a leader In Christian education, they would be providing a Christian environment and feel it would be an extension of ministry of the church. He said they have invested about a half million dollars in their facility and would like to use it more than once a week. He said he did not feel traffic would be a problem as most of cars would be using She:man, which is a state highway, and per- haps Hercules, which is due (e)r in enlaigement in coming years. They would handle only 60.80 children, they have a September 3, 1985 CITY COUNCIL AGENDA ITEM • TO: MAYOR AND MDIBEkS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager SUBJECT: Consider a A onitoring and Research Contract of Ray Roberts Lake w:tIL North Texas State University. RECOMMENDATION The Staff recommends approval of subject revised contract. SUMMAR Y The Public Utilities Board, at their meeting of 6/19/85, recommended to the Council joining with the City of Dallas l in a monitoring and research contract for Ray Roberts Lake. On July 2, 1985, the City Council considered and approved subject contract. Subsequently, the City of Dallas Legal Department made minor changes in the contract. As a result, the final contract as approved by the City of Dallas is resubmitted for consideration and approval. The oiily substantial change is in the methodology of payment to North Texas State University. The payment will be based on actual hours of work performed each month vs levelized monthly payments as D'TSU originally proposed. The total contract amount does not change. BACKGROUND Recognizing the need for monitoring and analysis of the water quality in Ray Roberts Lak.;,, the cities of Denton and Dallas have worked with the :nsticute of Applied Sciences and the Department of Riolagical Sciences of North Texas University and developed d scope of work to be conducted to meet these water quality analysis needs. The cost of the proposed monitoring and research Is $56,811,00 cf which the staff is recommending 261 to be paid by Denton (314,773) and 741 to be paid by Dallas ($42,048). The project will be conducted over approximately 18 months. Dallas -dill serve as project manager with Denton Iroviding input and direction to all major decisions. BACKGROUND The major purpose of the study is for the: • a) Development of baseline water quality data in the stream feeding Lake Ray Roberts. b) Development of nutrient budget for the reservoir, quantifying sources and sinks of phosphorus and nitrogen. c} Development of a relationship between land uses in the water shed and nutrient loadings to the reservoir. . d) Development of an euti,,phication model for Lake Ray Roberts predicting tro;4:.,: status through time. PRO GRjV S, UEPART%4ENTS OR GRUUPS AFFECTED 11ty of Denton Municipal Utilities, City of Dallas, North Texas State University. FISCAL IMPACT Cost of study $56,821 Denton's Share 26% $141773 Dallas' Share 741 $42 148 Source of Funds: 620-003-0450-8502 Operating Budget/Special Services Prepared by; Res ily submitted, 7 1 R.E. Nelson Director of Utilities tc ve a Acting City Manager Approved R. E. c e sot'. Director of Utilities EXHIBIT I Ptoposed contract 11 Minutes PUB Meeting of 6/19/85 III Ordinance • 3890U:i5 ' 112oL ® N0. AN UKUINA.NCE AUTHORIZING THE CITY MA;4AGER TO EXECUTE A;i AGKEEMEN? BETWt'Li THE CITY OF UENTON AND THE CITY OF DALLAS AND NORTH ruA., aTATE UNIVERSITY FUR LIANOLOGICAL STUDIES OIJ LAKE RAY ROBERTb; AN! APPROVINU THE LkPENDITURE OF fUiiDS TIIEKLFUR6; AND PROVIDING FOR A`: EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the 'pest interest of the citizens of the City to enter into a monitoring and Research Contract with the City of Dallas and Nurth Texas State University to provide a cooperative program of Limnological Studies on Lake Ray Roberts; qnd 1.£KEAS, Section 2.36(f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,00; and WHEREAS, Section 2.0 of the Charter of the City of Denton, Texas tuyuLres that every act of the Council providing for the expenditure of funds or for the contracting for Indebtedness steal. be by ordinance; iJOW, THEREFORE, THE COUNCIL Uf THE CITY OF 1'04TUA, TEXAS i1E,t;;SY ONDAINS: SECTION I. That the City Manager and City Secretary are nereby authorized and directed to execute and attest, respectively, cne contract between the City of Denton, City of Dallas and North Texas State University under the terms and conditions contained in said • contract which is attac.ed hereto and nade a part hereof. SECTION 11. That t~-s City Council authorizes the expenditure of funds in t.ie amount of $14,773.OU as sl.gctfied in n:e attached donLtoring and Research Contract. SECTION III. That ordinance No. 65-131, ;s nereby, in all resyects, repealed. SaCTIUN IV. ThAt this ordinance shall oecome effective immediately upon its passage and approval. PASSED AuD APPROVED this the uay Ut 1965. K L u U. S PlA_YCW CITY OF Dc.ATON, TEXAS .1TTEST: CKAjLLoTTr-=RZITY rLTRt TM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM1 UKAYOVITCH, CITY ATTUKNEY CITY OF DENTON, TEXAS dy: i. l COUNCIL CHAMIER V 5 2 6 qua t'14 1985 s WHEREAS, City of Dallas Water Utilities Department has an ongoing applied research program to investigate processes, chemicals and equipment relat- ing to water and wastewater technology; and WilEREAS, it is to the mutual benefit of Dallas, the 144y of Denton, and the North Texas State University through its Institute of Aoplied Science and Aquatic Sciences Program in the Department of Biological Sciences to enter into a cooperative program to pursue research to the area of water supply monitoring and research on Ray Roberts Lake, Now, Therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager be and is hereby authorized to enter into an agreement with the City of Denton and North Texas State university to conduct a cooperative research program in water supply monitoring and research at a fee not to exceed $42,048.00 SECTION 2. That amount of $42,048 to be encumbered and allocated as follows: FUND T ORG. ACCOUNT TASK OPTION Inn ENCUMBRANCE Td~i I TaTb ~j " - SECTION 3. That the Director of Finance be and is authorized to disburse funds from Fund 100011, Org. 7010, Account 3070, Task ADM., Activity 7C921H Encumbrance 7ENCO78A, not to exceed $42,048. SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and be it accordingly so resolved. APPROVED BY CITY COUNCIL AIR 14 1945 • ~ 7-ho R70nly rMuh !d 10? }his CACOV"U. Is algrlable ArIj Crfl,fi' 1Lndlspr0y. j ,.3 •r,! p. ,x Ced r .,n t nar, City b A►MOVID eex A"00V~ Al►IIO' 106. _ MEAD 0 V CENAATMPOT /t"Cip C10R QI A g ~L MAhAOlA 7 85260 0 THE STATE OF TEXAS ) MONITOR AND RESEARCH CONTRACT COUNTY OF DALLAS ) THIS CONTRACT is made and entered into by and tetween the CITY OF DALLAS, a municipal corporation, of Dallas County, Texas, (hereinafter called "DALLAS"), the CITY OF DENION, a municipal corporation of Denton County, Texas (nereinafter called "DENTON") and NORTH TEXAS STATE UNIVERSITY, a non-profit State institutiu,i of higher education, having its puincipal place of ousiness at the Administration Building, North Texas Stat University, Centon, Texas, 76203, (hereinafter called "INVESTIGATOR"). i 1 , PURPOSE It is to the mutual benefit of the CALL.,S, LEMON and cne INVESTIGATOR to enter into a cooperative program of Limnological Studies on Lake Ray Ruberts for the purposes of pursuing monitoring, research and training related to water q,,ality. T;, is contract is farmu1ateu to state the terms and con,aitions under wnico the INVESTIGATOR small, through its institute of Applied Science and Aquatic Sciences program in tkie Department of Biological Sciences, conduct research and monitoring to assist the DALLAS and DENTON in implementing the aforesaid Cooperative Program of Limnological Studies on Lake Ray Rocerts. 1 8520; 2. ADMINISTRATION DALLAS, acting through its Director of Water Utilities, (hereinafter referred to as "Director"), shall be responsible for administering and enforcing the terms of this agreement on behalf of DALLAS and DENTON. DENTON shall ce consulted beforehand as to any question involving interpretation of the terms of the agreement. DENTON'S consent, where required under the terms of this Contract, onall not be unreasonably withheld. 3. DESCRIPTION OF SERVICES INVESTIGATOR'S services snall to rendered for the purpose of conducting water quality monitoring and research at Lake Ray Roberts in the following areas; a. Development of caseline water quality data in the streams feeding Lake Ray Roberts. o. Development of a nutrient Uudget for the reservoir, quantifiing sources and sinxs of phospijorus and nitrogen. C. Development of a relationship between land uses in the watershed and nutrient loadings to the reservoir. d. Development of a putropnicatiors model for Lake Ray Roberts predicting trophic status through time. A detailed description of the services to oe rendered ty the INVESTIGATOR is contained in Exhibit At and Exploit 8 is the 2 85260 • proposed budget for the services. INVESTIGATOR shall perform all services as set fortn in Exhibit A; provided, however, that wnece the teems of Exhibit A conflict with the terms of this Cuntract, the terms of this Contract snall be final and bindiny. INVESTIGA?OR shall maKe written progress reports on the activities conducted wider this Contract every tnree months, and shall submit a final report at the conclusion of this Contract. • INVESTIGATOR shall deliver all data, reports and documents wnich result from its services to the Director in such form as is satisfactory to the Director. A copy of all such documents shall also be forwarded to DENION. 4. PERFORMANCE OF SERVICES INVESTIGATOR and its employees or associates shall perform all the services under this Contract. the principal employees/associates under this Contract are: Kennetn L. DicK.on David A. Pillard INVESTIGATOR represents that all employees or associates who perform services under this Contract shall be fully qualified -nd competent • to perform the services described in Section 2. INVESTIGATOR agrees 3 85260 i that it will use its best efforts to perform services under this Contract in a professional manner. 5. TERM Work under this Contract shall commence on or about August 1, 1985 and continue for eignteen (18) montns. All work shall be completed by January 31, 1987. All services, written reports and other data ace to be completed and delivered to DALLAS and DENTON by the stated date unless an extension of time, based upon good reasons presented by INVESTIGATOR, is approved uy the Director. 6. PAYMENTS In consideration of the professional services to be performed cy she INVESTIGATOR under the terms of tnis Contract, DALLAS and GEtJTON snail pay INVESTIGATOR a tee rot to exceea $561821, unless later amended by mutual agreement in writing, approved by cne Dallas and Denton Citf Councils. T0is fee is to be paid to INVESTIGATOR based upon monthly invoices to DALLAS and DENTON snowing actual servi.-~s rendered, consistent with the oudget described in Exhibit B. Payments to INVESTIGATOR snail be in the amount shown by the billings and otter documentation submitted and are subject *o the Director's approval, All services shall be performed to the satisfaction of the Cirector and DALLAS and DENNTON shall not be liable for any payment under this Contract for services which are unsatisfactory and which havr not been approved by the Cirector. The final payment ow 85h- 6t due hereunder will not be paid until all reports, data and other documents required under this Contract have peen received and approved ay the Director. The costs incurred under this Contract will be snared by DALLAS and DENTON, with DALLAS paying 748 of the total fees invoiced (not to exceed $42,046), and DENTON paying 261, of the total fees invoiced (not to exceed $14,773). DALLAS, as administrator of this Contract, shall make payments under thi::I Contract directly to INVESTIGATOR, and DENTON shall reimourse DALLAS monthly for DENTON'S proportionate snare of tnose payments. 7. CHANGES IN SERVICES • DALLAS through its Director, with consent of DENTON, may request from time to time changes in the scope or torus of the activities, investigations and studies conducted or to be conducted by INVESTIGATOR pursuant to this Contract. Any such change wnich varies significantly from the scope of services set out in Section 2 and would entail a significant increase in cost or expense to INVESTI,3AIOR shall be mutually agreed upon jy INVESTIGATOR and the Director. Changes in the scope, which in the opinion of INVESTIGATOR and the Director would require additional funding uy DALLAS and DENTON, must first be authorized in advance Ly resolution of the Dallas an,i Denton City Councils. ® 8. CONFIDENTIAL WORK No'reports, information, project ev,luation, project dosi3ns, 5 ,-l 12 T aF' 'd 8526( • data or any other documentation developed by, given to, prepared by or assembled by INVESI-IGAIOR under this Contract that contains confidential information belonging to the DALLAS or DENTON shall be disclosed or made available to any individual or organization by INVESTIGATOR without the express prior written approval of the Director. 9. OWNERSHIP OF DOCUNENTS Upon acceptance or approval by DALLAS and DENTON, all reports, data and other documents given to, prepared or assembled under this Contract by INVESTIGAr10R, and any other related documents or items shall become the sole property of DALLAS dnd DENTON and shall be delivered to DALLAS and DENTON. Tnis section shall not be construed, however, to prohibit INVESTIGATOR from using the information for the purpose of composing and publishing the doctcral dissertation of David A. Pillara, provided that the information is not used for any comatercial purpose. INVESTIGATOR may also make copies of any and all documents for its files. 10. CONSULTANT'S LIABILITY Approval of DALLAS and DENTON shall not constitute or be deemed a release of the responsibility and liability of INVESTIGATOR, its employees and associates, for the accueacy and competency of their studies, designs, reports, information and other documents, or services, nor shall approval be deemed to be the assumption of such 6 8 5 2 6'( fesponsibility by DALLAS or DENTON for any defect, omission, error or omission in the documents prepared oe INVESTIGATOR, its emplo.-ees or associates. 11, INDEMNITY ro the extent allowed by the law of the state of Texas, INVESTIGATOR shall defend, indemnify, and hold DALLAS and DENTON whole ano harmless against any and all claims for damages, :osts, and expenses to persons or property that may arise out of, or be occasioned by or from any negligent act, error or omission of INVESTIGATOR or any agent, servan*., or employee of INVESTIGATOR in ® c.he execution or performance of this Contract. 12. RIGHT OF REVIEW, DALLAS and DEN70N may review any and all of the services performed by INVESTIGATOR under this contract. 13. CONFLICT OF INTEREsr OF CITY EMPLOYEES The following section of the Charter of the City of Dallas shall be one the conditions of, and a part of, the consideration of this contract, to-wits "CHAPTER m r . SEC. II. FINANCIAL INTEREST OF EMPLOYEE OR OFFICER PROHIBITED No officer or empto,ee shall have any ® financial interest, direct or indirect, in any contract with the CITY or "Wa financiall) interesten, airectly or indirectly, in 85261 • the sale to the CITY of any land, materLals, supplies or services, except on behalf of the CITY as an officer or employee. Any violation of thi3 section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office, and any officer or employee guilty thereof shall thereoy forfeit his office, or position with the CITY. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the CITY shall render the contract involved voidable by the City Manager or the City Council. The alleged violations of this section snall be matters to be determined either by the Trial Board in the case of employees who have the rignt to appeal to the Trial Board, and by the City council in the case of other employees." L4. NONDISCRIMINArION As a condition of this Contract, INVESTIGATOR covenants that INVESTIGATOR will take all necessary actiuns to insure that, in connection with any work under this Contract, INVESTIGATOR, his associates and subcontractors, will not discriminate in the treatment or employement of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performancvp either directly, 0 indirectly or through contractual or other arrangements. In this regard, INVFLirrGATOR shall keep, retain and safeguard all records 8 852`6 • relating to this Contract or work performance hereunuec for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of DALLAS and DENTON, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 156 CONTRACT PERSONAL This Contract provides for personal and professional services, and the INVESTIGATOR shall not assign this Contract, in whole of in part, without the prior written consent of DALLAS and DENPON. • 16. TERMINATION DALLAS, after consultation with DENTON# or INVESTIGATOR may terminate this Contract upon thirty (39) days written notice to other party witn the understanding that all services being performed under this Cont.act at sole cost to eitner shall cease upon the date specified in such notice. INVESTIGATOR shall invoice DALLAS and DENTON for all services completed and snail be compensated in accordance with the terms of this Contract for all services performed by INVESTIGATOR prior to the date specified in such notice. 17. NOTICES All notices, communications, and reports required or permitted . under this Contract shall oe personally delivered or mailed to the respective parties by depositinv sane in the United States mail, 9 852601 postage prepaid, at the address shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices snail be deemed communicated as of five days after mailing. If intended for DALLAS, to: Fred Stone Manager, Research & Development 1020 Sargent Road Dallas, TX 74216 If Intended f:,,r DENTON, to: City Manager City of Denton Municipal Building Denton, Texas 76201 If intended for INVESTIGATOR, to: Dr. Kenneth L. Dickson • Director, Institue of Applied Sciences North Texas State University NT Box 13078 Denton, Texas 76203 18. INDEPENDENT CONTRACTOR in performing services under this Contract, INVESTIGATOR is performing services of the type performed prior to this Contract, and DALLAS, DENTON and INVESTIGATOR by the execution of this Contract do not change the independent, status of INVESTIGATOR. No term or provision of this Contract or act of INVESTIGATOR in the performance of this Contract shall be construed as malting INVESTIGATOR the agent, servant, or employee of the DALLAS Or DENTON, l9. VENUE • The obligations of the parties to this Contract are performable 10 ~r g,52~~C i in Dallas County, Texas, and if legal action is necessary to enforce Name, exclusive venue shall lie in Dallas County, Texas. 20. APPLICABLE LAWS This Contract is made subject to the provisions 'of the Charter and ordinances of DALLAS, as amended, and all applicable State and federal laws. 21. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22, LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, sucn invalxditi, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if sucn invalid, illegal, or unenforceable provision had n6ver been contained in this Contract. 23, COUNTERPARTS Tnis Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the . same instrument, 11 r 852'66 24. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter the suostance of the terms and conditions of this Contract. 25. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their r spectiv, nears, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. • 26. ENTIRE AGREMENT This Contract emoodies the complete agreement of the narties nereto, superseding all oral or written previous and contemporary agreements oetween the parties and relating to matters in this Contract, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. EXECUTED this _ day of 14d_ by DALLAS, signing by and through its City manager. duly auturized to execute same by Resolution No. adopted oy the City Council on , and by DENTON, signirg by and tnrough its City • manager duly authorized to execute same r.y ordinance 12 ~ Y . R•y c n X5260 No. , and by INVESTIGATOR, NORTH TEXAS STATE UNIVERSITY, through its duly authorized officials. APPROVED AS TO FORA41 CITY OF DALLAS Analealie Muncy, City Attorney CHARLES S. ANDERSON City Manager BY BY Asa stant C ty Attorney Ass stant C ty Manager ouoMIU1 10 Ctty A!;10rre' CITY OF DENTON INVESTIGATORt NORTH TEXAS STATE UNIVERSITY /1 / City Manager Name Robert Toulouse Title Provost • APPROVED AS TO FORt4: By City Attorney 9639n 13 85'60' EXHIBIT A • • 8528 A Proposal For Pre-hyq)undment Estimations of Nutrient Loading to Ray Roberts Lake and Prediction of PoSt-Inundation Trophic Status by i Keaneth L. Dickson David A. Pillard Institute of Applied Sciences and Department of Biological Sciences North Texas State University P.O. Box 13078 Denton, Texas 76203 may, 1985 85260 i Pro-impoundment Estimations of Nutrient Loading to Ray Roberts Lake and Prediction of Post-Inundation Trophic Status INTRODUCTION The water supplies of the United States are under increasing pressure. As agricultural, municipal, and industrial ze+quiremonts grow, wager sources are being seriously depleted. This is especially true in arid regions. Even in me sic azeas, however, decreasing supplies, associated with possible groundwater contamination are forcing development of new sources. 0 To compensata for this reduced supply and to most rapidly growing demands, surface water is often utilized as both a municipal and industrial source. In aSeas which lack naturally occurring lacustrine systems, the construction of artificial reservoirs on existing rivers is common. The purpose of the reservoirs is primarily four-fold (NCT000, 1481): 1) Supplying water for municipal and industrial ugo 2) Contact recreation 3) Noncontact recreation 4) Propagation of fish and wildlife Reservoirs, therefore. are not only designed to be a primary water supply, but also act to generally increase the aesthetics • and suitability of an area for wildlife. 1 `il Ay ' ~ nrv r x 852 The importance of surface water to North Coatral Texas cannot be overemphasized, Texas, population has increased dramatically, with-a 1531 growth between the years of 1900 and 1950. A population of over 4,066,000 is projected for the year 2000 in the Dal.an/Fort Worth Standard Metropolitan Statistical Area (NCTC00, 1981). Based on socioeconomic conditions, therefore, it would be beneficial to have an intimate understanding of reservoir dynamics, both biological and chemical. Sucl, knowledge would facilitate present and future management of available resources, which would, in turn, enhance water quality and usability, rn addition, such understanding is desireable under section 314-A of the Federal Water Pollution Control Act of 1972 (Public Law 92-500), which requires states to classify water bodies according to the degree of eutrophication (Lee at al., 1978). Although considerable research has been directed towards analyzing the effects of potentially harmful xenobiotic substances entering aquatic systems, water quality problems related to excessive nutrient loading are also of concern. While eutrophication is a natural process, it is not necessarily a desireable one, particularly in terms of municipal water use. Anthroganic hypereutropnication often accelerates And aggravates the problem. Often the most noticeable eutrophication-related problems are those related to algal blooms, particularly those associated with 2 8526 1 cyanophytes and actinomycetes. kyanophytes produce certain metabolic chemicals geoamin and methylisoborneol) which can directly affect:•water quality by causing undesireable tastes and odors. Although various theories have been proposed to explain blue-green blooms, more recent Studies have indicated that blooms may form as a result of low N:P ratios (Schindler, 1977; Smith 2983) and low carbon dioxide concentrations ?,plated to pH) (King, 1970; Shapiro, 1973; Faorl and Ustach, 1982), which are associated with excessive nutrient loading and stratification. Taste and odor problems ara often especially serious in Texas reservoirs (DWU and UTD, 1977). Both biological and physical methods have been employed, with varying degrees of success, to eliminate taste and odor problems (Silvey and Biefderman, 1969; Symons at al., 1970; Lorenzen and Mitchell, 1975). Recent investigations have discovered that eutrophication may stimulate formation of trihAlomethaness (e.g., chloroform) (Jones and Lee, 1982; Lee and Jones, 1983). Various methods have been developed for measueing the trophic status of a waterbody. Techniques have included fish yield (Hanson and Leggett, 1982) and aquatic macrophytes (Canfield at al., 1983). However, the best estimator of trophic status has been found to be chlorophyll a (Jones and Lee, 1982), Nevertheless, it is necessary to relate any trophic indicator to • nutrient loading. Carlson's widely used trophic state index used various equations to interrelate chlorophyll a to phosphorus 3 r 85f60 concentration a well as secchi depth (Carlson, 1977). Both phosphorus and nitrogen play critical roles algal growth and, subsequently, eutrophication, phosphorus has generally been found to be the most important nutrient in ttrms of trophic status, since it is usually limiting, In Texas reservoirs nitrogen becomes limiting, for the most part, only in cases of extreme phosphorus loading, particularly as a result of domestic sewage (OWU and UTD, 1977). Nutrient sources can be divided into 2 large categories: 1) Point sources and 2) Nonpoint sources, The most significant point source for most lakes comes from wastewater treatment effluents %Rast and Gee, 1983), Nonpoint sources can be separated into the following" compartments (Uttozmark, 1974): 1) Groundwater 2) Surface water a) Streamflow b) overland Flow 3) Precipitation 4) Dry Fallout 5) Miscellaneous a) Waterfowl b) N-Fixation .Nonpoint sou;ios generally contribute only a small proportion of tho nutrients available for use by phytoplankton, although they may contribute a larger amount of the total nutrients. In 4 8 5 9 A Lake Ray Hubbard, for example, it was found that 63.61 of the total phosphorus and 411 of the total nitrogen was contributed by nonpoint sources (DWU and UTD, 1977). However, point sources were xesponsible for as much as 751 of the dissolved inorganic phosphorus. Atmospheric fallout may contribute notable amounts of nutrients, primarily nitrogen. During the Lake Pay Hubbard study data indicated atmospheric (bott, dry and raij+) inputs accounted for only 0.71 of the total phosphorus but 18.01 of the total nitrogen (DWU and UTD, 1977). Other studies have presented similar results (Uttormark, 1974), although Murphy and Doskey (1975) and Delumyea and Potel (1977) suggest precipitation contributed significant amounts to the phosphorus budget of Lake Michigan and Laka Huron, respectively. However, the degree of contribution varies considerably with the system and its geogrhphic location (Uttormark, 1974). Release of nutrients from sediments may also influence the total phosphorus budgets of lakes. Bannerman et al. (1975) indicated sediments contributed about 141 of the total phosphorus load in Lake Ontario. Other researchers report even hiq)+ar phosphorus inputs by internal loading from sediments (Cooke eft al., 1977; Gunnison at al., 1984). In smaller lakes, however„ external sources may reduce the importance of sediment contributions. Anaerobic hypolimnetic conditions may tend to increase phosphorus release from sediments (Bannerman at al„ 5 8.52608 ~ .1 1973; Nurnberg, 1984). Tt is transport (rather than just release) of phosphorus into the photic zone by diffusion and turbulent mixing that will influence algal productivity. Leaching from soils and sub,trata may also be important in contributing nitrogen (Austin and Lee, 1973; Brezonik, 1972`. However, the release of nutrients, particularly phosphorus, may be balanced by nvtrient sorption to the sediments and thus loss froLi the water column (Sonzogni at al, 1976; Lee at al., 1978). Nutrient inputs from waterfowl or nitrogen-fixation probably play a very minor role in most lentic systems. The importance of these factors may increase, however, in smaller lakes and ponds. Land utilization will often affect nonpoint nutrient runoff. Rast and Lee (1978) in examinations of several lakes worldwide found that phosphorus runoff from urban areas was much higher than from Rural/Agricultural or Forest areas. Brezonik (1973) integrated information from several sources and found similar results. While phosphorus was higher from urban regions, inorganic nitrogen, however, in runoff increased with agricultural use, particularly as a result of the application of fertilizers (Brezonik, 1973; Uttormark at al., 1974; Omernik, 1978; Rast and Lee, 1978). The -ase of mathematical models has becom4 very important in assessi;,g water: quality and thus in managing a system. Several models exist utilizing various parameters and having a wide range of complexity. Generally, however, models may be divided into 2 6 85260 types (Bast st al„ 1983), ;sJ i Dynamic models are, essentially, a series of interrelated differential equations which describe the biological, chemical and physical rea:tions and interactions governing aquatic plant growth (usually phytoplankton). These models encompass many driving forces including not only nutriont loadings but light and temperature as well. Dynamic models usually require extensive data collection and are adjusted to specific watsrbodies, statistical (empirical) models are statistical regressions which quantify cause/effect relationships. In these model an effect (usually algal chlorophyll a) is plotted against a cause • (a.g., phosphorus loading) and a line of best fit is drawn through the various points. These models require less data collection and are usually widely applicable. Vollenweider (1968. 1969, 1975) settled on total phosphorus as tha best predictor of resulting planktonic algal concentrations. Original models normalized phosphorus by mean. i depth. Liter models, however, took into account the impor`.ance of hydraulic residence time. Vollenweider (1976) developed the following statistical correlation for phosphorus normalization: W P)/(z/tw))/(1 +'k/tw) where: L(P) Y areal annual P Loading z mean depth ■ tw hydraulic residence time 7 85200 Hydraulic residence time, while appropriata for conservative elements, may not necessarily be applicable when dealing with nonconservative elements much a.: phosphorus (Sonzogni at al, 1976). For these elements it is necessary to take into account losses in the lake or reservoir through mechanisms other than the main outlet, specifically, losses to the sediments. Therefore, the basic equation: V(dc/dt) • Qci- Qc where: V a volume of waterbody Q ■ volumetric flow rate • ci ■ constant influx concentration c A concentration in lake must be modified to include internal losses: V(dc/dt) = Qci - Qc - kcV where: k = internal rate loss constant Relating phosphorus concentration to mean depth and phosphorus residence time would then allow for a better prediction of algal chlorophyll a concentration. Nevertheless, hydraulic residence time is still recognized as being critical in impoundments, Dillon (1975) recognized the importance of flushing time, especially to impoundments in series. An impounds-ent that has been constructed upstream from, but in close proximity of, another impound.-ent may notably affect 8 85 the latter. This is especially true if the upstream reservoir has a long hydraulic residence time. R residence time in excess of 2 weeks can significantly redu;e the concentration of nutrients, particularly phosphorus, leaving the impoundment (Lee at al., 1978; Lee and Jones, 1983; Rast and Lee, 1983). Similarly, if a r(jservoir arm is very long or isolated from other parts of the reservoir, nutrients are lost to the sediments or converted to unusable forms before reachiny the main body (Lee and Jones, 1983). STUDY OVERVIEW Ray Roberts Lake is presently under construction north of the city of Denton. When completed (scheduled to close in late summer of 1986, with an approximate 6 year filling time) the reservoir will supply water to the cities of Dallns and Denton. This study will concentrate on gathering the necessary information, from field and laboratory investigations, to 1) establish baseline limnological data or, the Ray Roberts watershed, 2) construct a nutrient budget fGr Ray Roberts Lake, quantifying sources and sinks of phosphorus and nitrogen, 3) relate nutrient input to the land use of the watersheds of the Aampled tributarisi, and 4) construct a computer-generated eutrophication model for the completed reservoir employing the • acquized nutrient data. 9 ii 85260 STUDY AREA Ray Roberts Lake Ray Roberts Lake is presently under construction by the U.S, Army Corps of Engineers. It is located in the northeast corner of Denton County; when completed it will extend into Cooke and Grayson counties as well. The Ray Roberts Data is earthen and located just below the confluence of the Elm Fork of the Trinity River and Isle du9ois Creek, approximately 48.3 km (30 miles) above Lrwisville Lake dam at Elm Fork river kilometer 44. Estimated dimensions and capacities of the reservoir are given in Table 1. When completed the reservoir (Fig. 1) will cover an eatimatcd 11,877.95 hectares (29,350 acres) at the conservation pool and 14,933.43 hectares (36,900 acres) at the flood control pool. In addition to the typical reservoir uses already mentioned, Ray Roberts Lake will supply hydroelectric power to the city of Denton. 'dater will be supplied to Callas and Denton i,z a 3:1 ratio, respectively, Present Area The two main tributaries of Ray Roberts Lake will be the Elm Fork of the Trinity River and Isle duBois Creek Fig, 2). The . reservoir will cover the Trinity River and Isle duPois channels for approximately 26 river kilometers. Several %ither minor 10 85260 • tributaries, many of which are seasonally ephemeral, will also be inundated by the reservoir. The 2 primary, tributaries represent different soil types and characteristics. To the west of the Trinity, clayey and loamy prairie soils (Grand Prairie) predominate while sandy soils of the savannahs (Eastern Cross Timbers) are characteristic of the Isle duBoia basin (Fitzpatrick et al., 1972), The Ray Roberts drainage basin is, at the present time, primarily agricultueal. The approximate land use proportions are (T.D.W.R., 1983): Dry Cropland: 75% Rangeland: 201 Forestland: 3% Urban Buildup: 2% Several sources place treated water into the 2 main streams as well as some smaller tributaries (Fig, 3; Table 2), Municipalities place the majority of water into the systems, During low summer flows the majority of water in the Trinity can be derived from discharged water, primarily from the city of Gainsville. The Elm Fork of the Trinity is water quality limited and is ranked 24 by the Texas Department of water Resources, indicating reasonably higr. priority for water quality controls (T.D,W.R., 1983). ll 85260 OBJECTIVES Strew:.. .3ampling To quantify the nutrients which will regularly be entering Ray Roberts Lake, tributaries will tie sampled. In addition to the 2 main strt uns, the Elm Fork of the trinity and Isle duSois creek, samples will a so be collected from Sprinq Creel( and Duck Creek. Nonpoint Nutrient Sampling The quantification of nonpoint nutrient sources may be an . important fac,)r in establishing a nutrient budget and eutrophic& -:ion mot: 1 for. the lake. NOnpoint inputs may be deterr=-ad by obfainin water samples during and after rainfall events. S>.:p',a3 will be taken either manually or with an automatic impler from several tributaries. At.,~,spioric input (both dry fallout and p ecipitatian) of nutrients may be important And will be accounted for. The hypotheses (null) related to thr- ibove obje;tives are: 1) There is no difference between measured stream (point) nutrient inputs (phospho-us aril nitrogen) and nonpoint inputs, 2) There is no difference between nu r.R. inp. is the major • tributaries (Elm Fork of the Trinity ar' j iuBois Creek) to Ray Roberts Lake. 12 85260 Sediment/Water Nutrient Exchange Release of nutrients from the sediments may contribute significantly to the phosphorus and nitrogen budgets of reservoirs. Thi7 is especially important in recently inundated areas. Soil samples from the Ray Roberts basin, representing the 3 major soil associations, will be studied in reaction chambers (microcosm experiment), Net change in nitrrgen and phosphorus will be monitored over an extended period of time. Roth aerobic and anaerobic systems will be studied. The hypothesis (null) are: • 1) There is no difference in nutrient release or uptake between Soils tested in the microcos,- study. 2) There is no difference in nutrient release or uptake between the oxic and anoxic experimental chambers. Land Use/Nonpoint Nutrient Relationchips ' Several studies indicate Ixrrd use is rolated to the degree and type of nonpoint inputs. As forests replaced by agricultural and urban areas, ranoffssincrea are a carrying both phosphorus and nitro en, Increases, q The land use categories of the Lake watershed will be determined. These will be related to nonpoint nutrients sampled during high water and re•aoff events. The hypothesis (null) is: 1ti There is no difference between various land uae categories 13 s: 85260 (e.g. forest, cropland, urban) in terms of nonpoint phosphorus and nitrogen collected during runoff events, MATERIALS and METHODS PQInt Nutrients samples will be collected at 2-week intervalas for approximately l year, at sites on isle dueoi3 Creek, the ;trinity River, and Spring Creek. S angling will be concentrated above what will be the main body of the reservoir, i.e., above the present location of FM 455 (Fig. 4), • Triplicate samples will be taken in acid-rinsed polyethylarie bottles, rn the field, di:.solved oxygen, temperature, cond+ictivity, and pH will !)e taken L:sirg calibrated meters. Samples will be iced and return6d to the laboratory. Alkel,inity, hardness, turbidity, solids tTDS and TSS), chloride, sulfate, ammonia, nitrate. Kjeldahl nitrogen, total phosphate, and orthophosphate will be determined, Techniques are given in Table 3. Ncnpoint Nutrients At leaa1 One flow-proportional sampler (IsCO) will be used to collect water samples for analysis during high-water events. This sampler will be located on the Elm Fork (above FM 455), Other grab samples will be collected during high-water events at various points on the hydrograph, Samples will be collected from 14 X526 the main tributaries as well as the smaller ones mentioned previously. Water sampler, including those from the automatic sampler, will be iced and removed to the laboratory for analysis of the parameters already mentioned. Precipitation will be sampled with rain gauges equipped with nylon nets to prevent the capture of insects (Dillon and Rigler, 1974). These samples will be analyzed for ammonia, nitrate, Kjeldahl nitrogen, total phosphate and orthophosphate. i Sediment/Water Nutrient Exchange Four representative sites will be selected within the bounds of Ray Roberts Lake. The sites will include one in the Prairie soils along the Elm Fork,(,loranges-Wilson-Crockett association), one in the Savannah soils along Isle duBois (Callisburg-Casil-Aubrey association), and one in the bottomlands near one of the main tributaries. These 3 sites will be located in the upper ;cart of the reservoir in wooded areas. A fourth site will be chosen in bottomland soil in what will be the main body of the reservoir. Soil samples will be collected from the upper 30 mm of topsoil and transported back to the lab in acid-rinsed plastic buckets. on-site water samples will be collected near the soil-sampling area. Soil and water will b mixed in gallon jars and allowed to settle. The microcosms will be allowed to run for 30 days. Approximately every 5 days water will be analyzed for 15 85260 • total phosphorus, orthophosphorus, ammonia, nitrate and Kjeldahl nitrogen. For anaerobic systems the water will be purged of oxygen by bubbling with nitrogen prior to addition to soil (Craft, 1983a; 1983b; Gunnison et al., 1980; 1984), Land Use/Nonpoint Nutrient Relationships Extensive maps and photographs of the Ray Roberts wate.-shed are available. These include both contour maps and aeiial photographs. Slack and white as wail as infra-red pictures are available. Using the contour maps, the watersheds for each tributary will be determined. Land use will be categorized into • forest land, cropland, grassland, and urban areas. Field observations will note any substantial changes in land use for a given area. Total area for a particvilar category dill be determined from the maps using a polar planimeter. Nutrient values obtained during highwater events can then be normaiizod to area within the watershed. DATA RANAGZMENT Data will '~e analyzed utilizing the Statistical Analysis System (SAS) available at North Texas State University. Testable hypotheses will be accepted or rejected at the 951 confidante level. Differences between field sites and microcosm tests will be analyzed using analysis of variance and multiple range tests. 16 8 Table 1. Dimensions and capacities of Ray Roberts Lake. Lake Flood Control Pool Elevation 195.2 m (640.5 ft) ~Ljrface Area 14933.4 hec (36900 acres) Conservation Pool Elevation 192.8 m (632.5 ft) Surface Area 11877.9 hec (29350 acres) Total Controlled Storage 9.87 x 108 m3 (799600 Acre-Ft) Drainage Area 1787.1 km2 (690 mil) Mean Depth 8.2 m (27 ft) Will Cover Elm Fork of the Trinity from River Kilometer 44 to Kilometer 70. Dam Type Compacted Earth Darn Length 4648.2 m (15250 ft) Maximum Height 42.4 m (139 ft) 17 A l '1 85~60 Figure 1. Ray Roberts Lake. 18 R j a ~ o I2,000 ft. (]657.5 at) Proposed Park Areas 00 C1~ U rthen Dam ,st pil}rray xmc~-Lut}et Works O 77 5 • ° S - r! 852~t Elm Fork of amber the Trinity R. Creek 1 I Spring I Creek I i Clear Creek $ e duBois Creek I Cooke Co. i Denton Co. LGrayson Co. t r Pilot Point i • i (OSanger Ray Roberts Lake Site h~ I9 Aubrey Denton 0 $ miles 0 12 km Lewisville Lake 4 Figure~2. Ray Roberts lake site and surrounding area. 20 85Z'60 Figure 3. Location of major dischargers on the Elm Fork of the Trinity River and Isle du6ois Creek above the location of the Ray Roberts dam. 21 - - ...rye 85260 OCal I tsburg 4 ! I Lindsay 1 i Gainsville I ! f I I Coliinsviii. Elm Fork of the Trinity River ! a } I i O Q7 ❑"Municipal Dischargers ! g p 0 Other Dischargers I (See Table 2) ! Tioga ! ? - i Valley View Isle duBoIS ❑ 5 Creek i Grayson Co. I Cooke County ! -Denton --•-L---- - County i Pilot Point Dam Si tp 22 8526 Table 2. List of dischargers into the Elm fork of the trinity River and Isle dullois Creek (see Figure 3). (Modified from T.O.W.R., 1983.) Discharger Number/Location City of Pilot Point I City of Tioga 2 City of Collinsville 3 City of Callisburg 4 Valley View Plant 5 Texas Dept. of Highways (North) Texas Dept. of Highways (South) 7 City of Gainsvi'le • 8 Atchison, Topeka and Santa Fe Railroad s Southland Paint Company 10 City of Lindsay II 23 AML 85281 Table 3. Parameters and methods of analysis. Paro,aeter Method Dissolved Oxygen Meter Temperature Meter Conductivity Meter PH Meter Alkalinity Titration* Hardness Titration* Turbidity Meter Chloride Meter Ammonia Meter Nitrate Meter Organic Nitrogen Kjeldahl* Total Phosphate Persuifate Oigestiun/Ascorbic Acid* Orthophosphate Ascorbic Acid* Solids (TOS and TSS) Filtration/Drying', Sulfate Turbidimetric* *A?HA (1980) 24 4TR 4W 3TR 306 Clrn Fork of the N Trinity River ZA Spring 16C Buck Creek 2D6 Creek 1SC 2TR Isle duBofs 1 Creek ITR 1DB Figure 4, Proposed samnlfng sites for regular-interval sampling. C~0 Dam Site 1V D Ti~, ' i O 1. I 85ZGp' LITERATURE CITED APHA. 1980. Standard methods for the examination of water and wastewater. 15th edition. American public Health Association. Washington, D.C. 874 p, Bannerman, R.T., D.E. Armstrong, R.F. Harris, and G.C. Holden, 1975. Phosphorus uptake And release by sake Ontario sediments. EPA-660/3-75-006. National Environm. Res. Center, Corvallis U.S. EPA. 51 p. Brezonik, P. 1973. Nitrogen sources and cycllhcj in natural waters. EPA-660/3-73-002. U.S. EPA, Washington, D.C. 167 Canfield, D.E., Jr., K.A. Langeland, H.J. Maceina, W.T. Haller, J.V Shireman, and J.R. Jones. 1983. Trophic state classification of lakes and aquatic macrophytes. Can. J. Fish. Aquat. Sci. 40:1713-1718. Carlson, R.E. 1,977 A 1rophic state index for lakes. Limnol. Cceanogr. 22:361-3t1. Croke, G.D., M.R. McComas, D.W. Willer, and R.H. rennvoy. 1977. The occurrence of internal phosphorus ~oadin,; in two small, eutrophic, glacial lakes in North-eastern Ohio. Hydrobiologia 56:129-135. Craft, 1983x. Microsystem sediment-water simulation: a practical technique for predicting reservoir water quality. AEC-ERC-83-12. U.S. Dept. of the Inter!o-, Bureau of Reclamation. 7 p, 26 VZ F a 7" R77 7 -7 ti Craft,, D. 1983b. A microsystem sediment-water simulation study for the proposed Jordanelle Reservoir, Heber City, Utah, AEC-ERC-83-13. U.S. Dept. of the Interior, Bureau of Reclamation, 21 p, Delumyea, R.G. and R,L, petal, 1077, Atmospheric inputs of phosphorus to Southern Lake Huron, April-October, 1975. EPA-600/3-77-038. Environ. Rea. Lab. Duluth. 53 p. Dillon, P. 197,1, The phosphorus budget , f Cameron Lake, Ontario: the importance of flushing rate to the degree of eutrophy of lakes. Limnol. Oeeanogr, 20:28-39. Dillon, P. a;d F. Rigler. 1974. A test of a simple nutrient . budget model predicting the phosphorus concentration in lake water. Jour. Fish, Res. Bd, Can. .11:1771-1778. D.W.U. and U.T.D. 1977, Lake Ray Hubbard Eutrophication Study: An assessment of the impact of point anti nrrnoint 3rurc.es on water quality In Lake Ray Hubbard. I✓ol. IDallas Water Utilities and the Univ. of Texas at Dallas. North Central Texas Council of Governments, xvii + 305 p, Fitzpatrick, L.('., R.L. Absire, L.G. Knox, R.A. Miller, E,D, Odom, W.D. Pearson, A.W. Roach, K,W, Stewart, E.C. 71mmerman, and J.K.G. Silvey, 1972. A systems evaluation of the environmental impact of the Aubrey Reservoir project on the Elm Fork of the Trinity River in North Texas, Report to the U.S. Army Corps of Engineers. Gunnison, D., J-14. Brannon, R,L. Chen, I, Smith and T.C. Stlj rqf a . 27 `8526.'0 i 1984- Richard B. Russell Dam and Resevoir: potential water quality effects of initial filling Ind decomposition of vegetation. U.S. Army Corps of Engs. 51 p, Gunnison, D., J.M. Brannon, It Smith, G.A. Burton, and K.M. Preston. 1980. A reaction chamber for study of interactions betwamn sediments and water under conditions of static and continuous flow. Water Ras. 14:1529-1532. Hanson, J.M. and W.C. Leggett. 1982. Empirical prediction of fish biomass and yield. Can J. Fish. Aquat. Sci. 39:257-263. Jonas, R.A. and G.F. Lee. 1982. Recant advances in assessing the impact of phosphorus in eutrophication-related water quality. J. Wat. Res. 16:503-515. King, D.L. 1970. TAe role of carbon in eutrophication. Jour. Wat. Pollut. Control Fed, 42:2035-2051'. Lde, G.i. and R.A. Jones. 1983. Predi6tion of water juality in proposed hydropower impoundments. Water rawer 1983 Conference Proceedings. 20 p. Lee, G.F., W Rast, and R.A. Jones. 1978. Eutrophication of water bod!,es: Insights for an age-old problem. Environ. Sci, and Tech. 12:900-908. Lorenzen, M.W. and R. Mitchell. 1975. An evaluation of artificial destratification for ccitrol of algal bloom, J. Amer. Wat. Works Assoc. 67:373-376. NCTCOG. 1981. Annual water quality management plan for North 28 $5Z6~ Central Texas. North Central texas Council of Governments. Nurnberg, O.K. 1984. The prediction of internal phosphorus load in lakes with anoxia hypolimnia, Limnol. Oceanogr. 29:111-125. Murphy, T.J, annd P.V. Doskey. 1975. Inputs of phosphorus from precipitation to Lake Michigan. US EPA Report. EPA-600/3-75-005. 24 p. Omernik, J. 1976 The influence of land use on stream nutrient ievals. EPA-600/3-76-014. Office Res, and Dev. U.S. Environ. Prot, Agency, Washington, D.C. Paerl, H.W. and J.F. Ustach. 1982. Blue-green algal scums: An • explanation for their occurrence during freshwater blooms. Limnol. Oceanogr. 27:212-217. Rast, W., R.A. Jones, and G.F. Lee. 1983. Predictive capability of U.S. OECD Phosphorus loading-eutrophication response models. Jour. Water Pollut. Control. Fed. 55:990-1003. Rast, W. and G.F. Lea. 1978. Summary analysis of the North American (US portion) OECD eutrophication project: nutrient loading lake-response relationships and trophic state indices. Corv&llis Environ. Res. Lab. U.S. EPA. xxi + 453 P. Rast, W. and G.F. Lae. 1983. Nutrient loading estimates for lakes. Jour. Environm. Engineer. 109:502-517. Schindler, D.W. 1977. Evolution of phosphorus limitation in lakes. Science. 195:260-267. 29 • 8526 Shapiro, J•, 1973. Blue-gTeen algae: wh the, Y Y becOme dominant. Science, 179:382-384. Silvev, J.K.G. and w,J. Biefderman. 1969. Tastes and odors. 74-136 in manual of water pp. Utilities operations, 17th ed. Texas water Utilities Assoc, Smith, V.H. 1983. Low nitrogen to phosphorus ratios favor dominance of blue-green algae in lake phytoplankton. Science. 221:669-678. Sonzogni, W.C., P-G, Uttormark, and C.F. Lee. 1976. A phosphorus residence time model: theory and applicLtion. 'dater Res. 10:429-435. Symmons, J.J., J.K. Carswell, and G-C. Roebuck. 1970. Mixing for quality control. J. Amer. Wat. Works Assoc. 62:322-337. T.D.W.R. 1983. Waste load evaluation for segment 0824 of the Trinity River Basic. (Etm Fork Trinity River), Texas Dept, Wat. Res. x + 101 p. US Army Corps of Engineers, 1983. Environmental Impact Assessment Greenbelt co;-ridor between Ray Roberts dam and Lewisville Lake. Fort Worth District, 16 p. Uttormark, P.D., J.n, Chapin, and K.M. Green, 1974. Estimating nutrient loadliigs of lakes from non-point sources. EPA-660/3-74-020. Prepared for the Off. Res. Monitor. US Erviron. Protect, Agency. Washington, D.C. 112 p. Vollenweider, R. 1968. The scientific basis of lake and stream 30 85281 eutrophication, ,with particular reference to phosphorus and nitrogen as eutrophication factors. Tech. Report. oBCD, Paris, DAS/DSI/68:27:1. Vollenweider, R.A. 1960. Possibilities and limits of elementary models concerning budgets of substances in lakes. Arch. Hydrobiol. 66:36. Vollenweider, R.A. 1975. Input-output models, with special reference to the phosphorus loading concept in limnology, Schwtiz. Z. Hydrol. 37:53-84. Vollenweider, R.A. 1976. Advances in defining critical loading levels for phosphorus in lake eutrophication. Hem, rst. . ital Idrobio. 33:53-83. • 31 852608 EXHIBIT 13 Except from :4INUTES PUBLIC UTILITIES BOARD June 19, 1985 4. CONSIDER A MONITORING AND RESEARCH CONTRACT OF RAY ROBERTS Nelson briefed the Soard regarding the establishment of a baseline set of data and research on water quality of Rav Roberts. The project will cost approximately $56,8219 an'i would be conducted over a period of 18 months. Nelsor: pointed out, however, that .he contract lacked a feu d etails with Dallas and the City Attorney, and requested the modification oap rove the proposed contract subject to the proposed contract. Coomes posed the question cesarding Dallas' commitment to firmlygc mmi tted thetproject. proj Nelsun indicated Dallas was project. Herring requested a running total on this budget item. Ham calculated the 0450 account indicating that there was sufficient funds to cover the item. NorthnTexase StacetlUniversity. Thompson ~c ndcotheact with Motion carried. -n+)tion. CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM. Rick $vehla, Acting City Manager SUBJECT: Craig Tims and Jim Coursey Airport Le&Ae Agreement RECD DATI04t It is the recommendation of the Airport Advisory Board to approve the Airport Lease Agreement between the City of Denton and `Ir. Craig Tims and Mr. Jim Coursey for the purpose of constructing aircraft hangars on 0.9609 acres of property on the north end of the Denton Municipal Airport. SUMMARYt This lease has been reviewed in detail by City Staff, City Attorney, and the Airport Advisory Board. Under the terms of this standard Airport commercial lease, Mr. Tims end 11r. Coursey are required and will construct one hangar of at least 8,0,30 square feet in size, related taxiways, ramps, and vehicular roadways. Plane and specifications for the facility will be submitted at a later date. PROGRAMS. DEPARTMENTS OR CROUPS AFFECTED: This development on the airport should not effect any other department or group. FISCAL IMPACT:, Airport revenues will be increased by at least $2,930.04 per year. There will be no cost to the General Fund. ~r~ red y: ` Qec ly Sub itted: Clint Lynch \ \1 Airport Manager Rick Sveh a App 4dytoe/ Acting City Manager ilk~~.r Y Il u~ 1 < • RlSOLU2IgM WHEREAS, the City of Denton owns property available for lease at the Denton Muniripal Airport; and WHEREAS, Mr. Craig TLms and Mr. Jim Coursey, desire to lease property at the Denton Municipal Airport and to use the same for hangar construction, hangar rental and related aeronautical purposes; and WHEREAS, The City of Denton desires to lease property upon the Airport fot such purposes; and WHEREAS, the Airport Advisory board has revteved and recommended Approval of the attached proposed lease aaresms-;t; NOU, THEREFORE, FE IT RE.IOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT- SECTION I. The Airport Leaae Agreement (Commercial Operetor) betveen the City of Denton and Craig Tims and Jim Coursey, attached herico and incorporated herein by reference, is hereby approved. SECTION It. The Mayor to 'sereby authottred to execute the attached lase agreement on behalf of the City. SECTION III. This Resolution shall be effective Lnmediately upon Its paassee and approval. . PASSED AND APPROVED this the day of 1985. RrCHARD 0. STEWART, MAYOR CITY OF DENION, TEXAS ATTEST- CHARLOTT! ALLEN, CLTY SECRETARY CITY of DENTON, TEXAS • 17 Z alNtrrEs AIRPORT ADVISORY BOARD JUNE 26, 1986 REGULAR CALLED MW-IN(; OP THE CITY OF OENPOl1 AIRPORT ADVISORY BOARD, f~lnlfLSDAY, .ritNt 26, 1985, AT 6 l 00 P. M. , IN THZ r,NANCE CONrEgIIy~ ROOM Or THE MUNICIPAL BUILDING. MEMBEM PRESZXTI Arno, Carrell, Hayward; Keith, Smith, Wright MODEM ASSMi Garland OTHMS '""1i Pat Hughes of the Fighting Air C~mmandi Bruce Cardwell and Clint Lynch of the City Staff 1. The Board considered the minutes of the special called meetings of May 8, and June 17, 1985. A motion wa► Bade and seconded to approve the minutee as written. The motton carried unanimously. 2. The Board considered the commercial lease for Mr. Craig Tams and e Mr. Jim Coursey. A motion was made and seconded to recommend to the C'.y Council the approval of the, lease as written. The motion carried unanimously. 36 The Board considered a commercial lease agreement with Airtech Industries. Unfortunately, because the finished document was not aasdy at the time of the Board meeting, only highliot E of the agresunt could be discussed. The Board requasted of the City staff quiddlines in a collmm format outlining the suggested dir- tinctions between private, commercial and fixed bass operator leases. 9, The Coard considered recommending approval of the amendments to the Benjamin 6ennitt lease agreement. After some discussion on the first right of refusal clause, the 3oard moved to table item until executive session. 6. The Board considered the selection of now officers to the Airport Board. Because the appointment n%tices from the Council had not been received at the time of the maetinq, the Board moved to delay the selection of officers until the July molting. The Board agreed that the selection of officers would be by written proposal. 6. The Board considered the Airport Manager's report in which Accol- erated Christian Educations' continuing efforts to find a location S on the airport was discussed. The status of the unicon radio m AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOC THErTATE OF TEXAS 5 KNOW ALL MEN BY THESE PREJENTS: COUNTY OF DENTON S This lease is made and executed this day of at Denton, Texas, by and between the City of Denton, a Municipal Corpocation, hereinafter referred to as *Lessor, and Mr. Craig Time and Mr. Jim Coursey, )laving its principa. offices at 31 Meadow Bonk Lane, i Roanoke, Texas, hereinafter .*forced to as "Lessee'. WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal airport (Airport) in the City of Denton, County or Denton, State of Texasr and WHEREAS, Losses desires to lease certain premises on said airport and construct and mainrr•,n an aircreft Vangar and related aviation facilities thereon] and NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the ;artier agree as follows: 46 Ob1S5 LEASE AGREEMENT/CRA'_G r1MS a Jim COURSEY/PAGE 1 Rf : ?ryes CONOIT OINS OP AGREEl1EN~ HE ANY LANGUAGE TO THE rpNTRA UG R Of THIS ING THE THE LANGUAGE ►N PARAGRAPHS A THROUGH 4 CON'SAINEDr SECTION SHALL 6E BINDING- 4. I 48 vrincl0 e[8►.tOt1 acttvitiee for The right to conduct aeronautical furnishing :ervices to the Public is granted the lessee s"N'"t to Leasee ayce9ing: equal and not . fair, 1. To futaish said services 'or all uiets thereof, and unlustly discciminatoty basis not un}ustlY 2. To cha99+ fait, reasonable and discclminatocY prices for each unit 'o Or ak~rvreasonabledand that the Lessee may be allowed nonaiscciminatorY discounter rebates, of other similar ty pef of price ced,icbiOns to volume purcaasecs. D. Non-Discrimination The Lass►er for hims9lfr his personal ceQ[esenla!ivesr signs, as a par: of the successors in lntofest, and as a c nd agree as a consideration hereof, does hereby coven&r% covenant running with the land that, 1 No person on the grounds of race, r,IigLono color, to shall be excluded from P"t" 'pa- sex, o, national ori9 ectod Lion in, denied the oenefits of, or be olhecwise sera}. to diectiVA-W:icn in !te use of said facilities, 1. In the construction of any improvements on, over, or under such land and the furnla'~in4 of services !hereon, no person on the grounds of CaC9r religion, color, ]J~._O of national origin shall be orx oehecwiso,obepsublecpin, denied the beneit.a of, discrimination, compliance 7, The Lessee, Jhall use the Promise s cant l all other requitem!n!s imposed by or p purssuant `.o 49, code of federal Re9 U la!i0nsr suboffice of the r1XS - •aSEY/PAGE 2 ITli T ry "fi',1 7" ,r . 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effec►.ual of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any vf the above nen-discriminatory covenants, Lessor shall have the right to terminate the Lease and to re-enter and repossess said land and the racilities thereon, and hold the same as if said Lease had never been made or Issued. This provision does not becomo effective until the procedures of 49 CFA Par*. 21 are followed anc4 completed including expitskiOn of apper,l rights, C. Right of individuals to maintain Aircraft It is clearly understood by the Lessee that nn right or privilege has been granted which would operate to prevent any person, firm or corporation operating 4ircraft on the airport from performing any services on its own aircraft with its own • regular employees (including, but not limited to, maintenance and repair) that it may choose to periocm. D. Non-Exclusive Right It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 1:49 of Tide 43, U.S.C.A. E. Public Areas 1. Lessor reserves the right to further deve1tp or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance. 2. Lessor shall be obli-1a•.el to Talntaln and keep in repair the landing area of the airport ar.d all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessen in this S regard, LEASE AGREEMENT/CRA10 TIMS L JIM COURSEY/PAGE 3 "r } ~.-•ii -r~ ta., ',°~4.I .Yr~ u.i',r1 i. (v a n:. ie, rv, During time of war or national 4m4r9ency, Lessor shall have the right to lease the landing aces or any part thereof to the United States Government for ,ellitary or naval use, and, if such lease is executed, the 1 provisions of this instrument Insofar as they ace Inconsistent with the provisions of the lease to the Covecnment, shall be suspended. 4, Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the eight to prevent Lessee from er4cting, or permitting to be erectad, any building or other structure on or adjacent to the airport which, in th, opinion of the Lessoc, would &imit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation, 5. This Lease shall be subordlnat4 to the provisions of • any existing or future agrAement between Lessor and the United States or agency thereof, r4lati,e to the operation or maintenance of the Airport. It. LEASED P)tEMISES Lessor, for and in considerations of the covenants and agreements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Less44 does hecehy hire and take from Lessor, the following described land situated in Denton county, Texas, as described as follows; A. Landi A 182 foot by 230 foot tract of land, being approximately 41.860 squats feet, or 0,96 acres, drawn and outlined on Attachment At incorporated herein by reference, and having the following metes and boundas All that certain tract or parcel of land situated in `hi Thomas Toby Survey, Abstract Number 1285, Denton County, Texas, LEASE AGREEMENT/CRAIC TIME 6 JIM COURSCUPAGE 4 and being part of a tract Shown by deed to City of Denton, recorded in Volume 304, page $030 Deed Records, and being mire particularly described as followss Beginning et a point North 13' $41 26' East 2,188.79 feet and North 010 26' 06' East )0.0 feet from a conccete monument marked DTO-3-1979. Thence North 01' 26' 05' E:et a distance of 30.0 feht to a point for a corners Thence North 884 33' $4, Wes!, a listance of 15,0 feet to a point for a corners Thence North 01' 26' 06' East a distance of 90.0 felt to a poilic for a corner; Thence South 88' 33' W East, a distance t)f 75.0 feet to a point fer a corners ?hence North 01' 26' 06' East a distance of 136.50 feet to a steel pin in a road easement, recorded in Volume 306, • page 461, Deed Recordst Thence South 840 49' $14 East with said road !as!ment a distance of 85.37 felt to a steel pin for a corners Thence South 21' 45' 54' East a distant4 oR 273.02 foot to a point foc a cornett Thence North 88' 33' 54' '.peat a distanto of 205.60 feet •o the Point of Beginnin(-. , Toglth!r wits, the right of irgress and !gt!ss to said property; and the right, fn common with others so Wt.jfLred, of passage upon the Airport property glnetally, subllct to reasonable regulations by the City if D!ntont and such rights shall !xt!nd to Lessee's employees, pass!ngers, patrons and inviteen. :'or '.n4 purposes of this Agr!!m!nt, the term 'Pr!misea' shall mean all property located within thot mutes and bounds desctibgd above including lease hold Lmprovemints constructed by tt.e Lessee, but not including c4ttain !as!mints or ptop!rty I • owned and/or con!toll!d by th! LOM Or. h LEASE AGREEMENT/CRAIG .:MS i J:M COfJRSEY/PAGE 5 "'A 1'777777-6m" 8. IMPOVeMW I provided BY L4S4er1 None as theca ace no improvements upon the leased premises. for the purpose of this agreement, the tern 'Lessar tmprcvements' shall mean those things on he leased premises :elonging to, constructed by, or to be constructed by the Lessor, which enhances or increases, or will enhance or tnccease, the value or quality of the leased land or property. i Unless otherwise noted herein, all Lessoc improvements are and will remain the property of the Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this agreement in an exhibit approved by the Lear. III. TERM! The term of this Agreement shall be for s period of 49 twenty-five f25) years, commencing on the lot day of August, 19851 and continuing threug;i the Jlat day of July, 2010, unless earlier terminated under the provisions of the Agreement. Lessee shall have the first right of refusal to renegotiate this lease for an additional ten 110) year period at the end of the primary term of twenty-five 125) years at a renegotiated rental and terms mutually agreed upon by the Lessor and Lessee without regard for or considering the then cost of living index, Lessee's election to renegotiate this Lease shall be in wri~inq addressed to the City Manager at lease one hundred eighty 11801 days beloce the er,picarion of the primary term of twenty-five f2!,1 years. IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay to Lessor, as consideration for this lease, payments, rentals and lees as • follows: LEASE AGREEMENT/CRAIG TiMS a J1M COuRSEY/PAGt 6 V. r A. Land_ Rntalt The sum of two thousand nine hundred thirty and 04/100 dollars (52070.04) per year, payable In twelve (12) equal monthly installments in the sum of two hundred forty-four and 17/100 dollars (!244,17) i.ti advance, on or before the first ddy of each and every month during the term of this agreement, B, Lessor Improvement Aeneals: None as there are no lessor improvements on the leased property, C. Payment, Penalty Adtus►men►si All payments due Lessor from Lessee shall be delivered to the Airport Manager, unless otherwise designated in writing by the Lessor. Payments which are more than I5 days past due shall be assessed a penalty of one-half (1/2) of one percent per day, compounded daily, for each day or fraction thereof which the payment or fee is more than 15 days past due. The yearly rental for land and improvements herein leased shall be readjusted at the end of each five (5) year period during the term of this lease on the basis :f the proportion that the then current All Urban Consumer Price Index (CPI-U) for the Dallas/Fort north, Texas, Standard Metropolitan Statistical Area, AS Compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the 19_x- index which was _ (1967 • 100), The land rental amount is now based ipon seven 11 (SU.07) cents per square foot per year for the land herein 1 leased, 1 These four (4) rental adjustments, if any shall occur on thi! following dates: S w4mbgr 15, 1990 Sept•rber 15. 2000 SeDt.embgr 150 1995 Seaterxor i5, 2005 • LEASE AGAEE14ENT/CAA1G rIMS i JIM CGUASWPAGE 1 ri V. RIGHTS AND OBLiOAT[ONS O LUM A. 'lse of Leased P,jmises Lessee Is granted the non-exclusive privilege to engage in or provide the followinyt 1. Aircraft Storage and Tie Down - To provide parking, storage and Tie down facilities for aircraft upon or within the leased premises. 2. Ma,:Ietenance - To perform repairs and maintenance to aircraft in accordance with federal Aviation Administration roles and regulations. 3. Museum - To operate a museum of aircraft and aviation artifacts. 4. Parts - Storage of aircraft parts ane :c-essories in a neat and orderly manner upon the leased premises. S. Engine overhaul and repair. 6. Aircraft Patti Sales. 1. Aircraft painting. 8. Aircraft. wash (provided water, soap and other runoff is properly collectedl. Lessee, his tenants and sublessees shall not '.e authorized to conduct any services not specifically listed in this agreerent. The use of the I ale pr em is ea of Lessee, his temirts or SubleSSees Shall be limited to only those private, comm,rctal, retail or industrial activities having to do with or re)rted to airports and aviation. No person, business or corpora-,on may operate a commercial, retail or industrial bisinRis upon the premises of Lessee or upon the Airport without a lease or license from Lessor authori2ing such commercial, retail or induatri+l activity. B. Standards Lessee shall meet or exceed the following standards; 1. Adr dry. Lessee shall file with the Airport manager and keep current Its mailing address, telephone numberlSl and contacts w► 74 he can be reached in an emergency. LEASE AGREEMENT/CRAIG TIMS a JIM COURSEY/PAGE 6 ' et.. .V.~rf.•,.~Ti 'S.~"~'". '~T^i' ~"~{~f.a~..'n ~:---R=T-~-r .~-.^-'r-~- rs _''•Fr?~[~~'~~`yry ,i~:a, 1. . . ,..t 2. List, Lessee shall lilt with the Airport Vnagec and keep current A list of tts tenants and sublessees, 3. Conduct. Lnssegs shall contractually require its employers and sublessees (and Aubkgaseq's invt,tgesl te) abide by the terms of this agreement. Lessee shall promptly enforce its contractual rights in the evgnt of a default of such covenants. 1. Utilities Taxgs and tees. Lessee shall meet all expenses and payments in connection with the use of the premises and the rights and privileges herein granted, including the timely payment of utilltiea, taKes, pecmLt fees, license fees and assessments lawfully levied or assessed. S. Laws. Lgsseq shall comply with all current and future federal, state and local ;aws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lqasqq shall keep in effect Knd post in a prominent place all necessary and/or required licenses or permits. 6. Maintenanc4 of Property. Lessee shall be responsible for the maintenance, repair &,id upkeep of all prop4rty, buildings, stcuctur*:s and improvemgnts, including the mowing or 411minati,.n of grass 4nd oth4c vegetation on the Premises, and tJ-.all keep taid Premises neat, clean and in rsap4ctabie ccrcition, free from any objectionable msttgc or thing. 7. Unw..horized use of pr4miais. Lgsseq Tay no, u.se any of the leased land or pcgmtsgs for the opetAt;on of a motel, hotel, restaurant, prlvata club or bar, spavtent house, or for industrial, commercial or retail purposes, Ojxcgpt as authorized hgtgin. S. Dwellings. it is expressly understood and agreed iY, LEASE AGREEMENT/CRAtC TtMS 6 J14 COURSEV/PACE 9 rA' x r r , • that no permanent dwelling or domicile may be built, moved to or established on or within the teased premisea nor may the Le Aee, his tenants, invitees, or guest. be permitted to reside or remain as a resident on or within the leased premises or other airport premises. 9. Sluit Possession. Lessee shall quit possession of all premises leased herein at the and of the primacy term Of this lease or any renewal or extension thereof, and deliver up the premises to Lessoc in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. 10, Hold Harmless. Lessee shall indemnity and hold harmless the Lessoc from and against all loss and damages, including death, personal injury, loss of property or other damages, arising or resulting frk operation of Lessee's business in and upon the leased premises. 11. Che;nl.Cals. Lessee agrees to properly store, Collect and dispose of all chemicals and chemical residue:; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint productsi and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and prints, D. Signs During the term of this Agre!ment, Lessee shall rive the right, at its own expense, to place in at on the ler.se Premises signs identifying lessee. Said sions shall be of a size, shapeand design, and at a location or locations, approved by the Lessor and in con'x mance with any overall directional graphics jr sign program established by Lessor on the Airport, Lessor's approval shall not b4 withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agree- ment Notwithstanding any other provision of this agreement, LEASE ACAttMENT/CAAIO TIMS L JIM COORSSY/PACE 10 S„T'."g';;- IIA . said signs shall regain the property of Lessee. Lessee shall remove, at Its exp,nse, all letteciny, signs and placards to erected on the premises at the expiration of the term of this Agreement or exten.ilons thereof. Vi, COVENANTS BY LESSOR Lessor hereby agrees as followat A. Peaceful Enjoyment. That on payment of cent, fees, and perfoemaiice of the covenants and agreements on the part of Lessee to be performed hereunder, Lesaee shall peaceably hold and enjoy the leased premises and all rights and privileges herein grantedi 8. Compliance. Lessor warrants and represents that in the establishment, construction ind operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all exlating rules, regulations, and criteria • distributed by the federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air eights and easements over adjoining end contiguous areas, over-fl►ght in landing or takeoff, to th.+ end that Lessee will nit be legally liable for any action of tcHspass or similar cause, of action by virtue of any aerial operations ove: adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport: Lessor further warrants and represents that it all times during the term heteof, or any renewal or extension of , same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is express).y understood and agreed by and between Lessor and Lessee tha: this lease agreement is subject to the following special terms and conditions: A, Runways and Taxiways. That because of the present Sixty { thousand 160,0001 pound continuous usit weight beating capacity LEASE AGREEMENT/CRAIG TIMS a J?.M C07RSEY/LACE 11 " _r. ri J YH r K+,. Of the ru:.ay and taxiways of the Airport, Lessee herein &.Irees to limit all aeronautical activity Including landinq, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such exce4sive weights. It is further agreed !hat, based on qualified engineering studies, the weight resttictionw and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such changes or revisions as Such studies may dictate. 'Aeronautical Activity' Wetted to in th.s clause shall include that activity of the Lessee or its agents or i subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitoty part or control, such ar an unsolicited or unscheduled or emergency landing, Negligent disregard of the provisions of this section shall be sufficient to cause the immediate terminatton of this entire Agreement and subject the Lessee to oe liable for any damages to the Airport that might result. VIII. LEASENOLO IMPROVEMENTS A. R4g4Lrsd Improvements: As part of the consideration for the privilege tere►n granted, Lessee Is required to and hereby agrees to construct or otherwise make improvements to the premises, as specif'ed herein, but not limited to, the following: 1, One hangar of at least 8,000 square feet in size ectcted on the premises and pa need to conform with tt,i requirements of the Lessor 2. Related aircraft ramp and taxiways. 1. Rein`-A vehicle roadways (gravel). Lessee shall provide Lessor with ~intative plans for the • development of the entire premises herein leased together with a ter,tative time table or schedule for said development. Should LtASt AGREtMENT/CRAIG TIMS 6 JO COURM /PACE 12 Z 'T f 77, 717 said development not occvt within the specific time limits mutually agreed upon by and b4t+sen Lessor and Lessee, Lessor shall have to option to cancel the lease on all non-developed portions of said lease after a thirty (30! day written notice to Lessee to cure such a default. 1. Plans. Lessee agrees that i►, shall within one hundred eighty (100) calendar days from the date of this Agreement, submit to the Lessor, for approval, detailed plans and specifications for the above listed initial proposed leasehold improvements. Lessor agrees that it shall either approve the plans and specifications as submitted, ne transmit proposed revisions to Lessee, within forty-five (45) calendar days of recelpt of plans and specifications from Lessee. In the event that Lessor requires revisions of the original plans and specifications, Leases shall have forty-five (45) • calendar days from the date of receipt of the proposed revisions to resubmit the plans ano specifications for Lessor's approval. Such approval shall npt oe withheld unreasonably. construction shall comr,ance witnir one hundred eighty (180) calendar days of ►.essee'% receipt of Lessor's final approval of the plans end specifications, and shall be scheduled for completion not later than three hundred sixty five 13651 lays a. °-t co¢mencement of construction. 2. Additional Segulrements: Before commencing the construction of any improvements upon the ptemises, Lessee shall submit: a. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conf.,rmance with the overall . 3124, shape, color, quality and design, in appearance and structure, of the F_ogram established by the Losste on the Airport. LEA'S AGREEMENT/CRAIG ?IMS i JtM COORSEV/PAGE 13 77 O b. All plans and apecifIC&ttons showing the location upon the premises of the proposed construction; C. The estimated cost of such construction. No construction may commence until Lessor, acting by its Ctty Council, has approved the plans and specifications and the location of the improvements, the estimated ;~osts of such construction, and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld should the Council fail to deny Lessee's plans and specifications within sixty days of submission thereof to the Council, such plans and specifications shall be deemed approved. Documentary evidence of the ac►,ual cost of construction of public itias and/or facilities shall be delivered by Lessee to Lessor's City Manager from time to time is such costs are paid by Lessae, and Lessor's City Manager is hereby avthorized to endorse upon a copy tf this lease filed . with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by him upon said contract shall be conclusive upon all parties for all purposes of this agreement. B. Additional Construction or Im rovenetL t , Lessee is hereby authorized to construct upon the land herein leased, at its own cost erd expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection wl~h the operations authorized by this lease, provided however, before coma.encing the construction of any improvements upon the premises, Lessee shall submit plans and specifications as sl.ecified in Article V11t Paragraph A (Additional Requirements). C. Owner tip of 1mProvotmpntss All ouildings and imptovtnents constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lassos under the following conditions, terms and provisions. LEASE AGREEMENT/CRAIG TiMS s JIM CC'd'ASEY/PAGE 14 JY. If..i. i • 1. Removal of Buildings. No building or permanent fixture may be removed from the promises. 2. Assumatigl. All buildings and improvements of what%ver na►,ure remaining upon the leased premises at the end of the primary term, or any extension !hereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. 3. Building Life, it is agreed that the life of the building to be constructed by Lessee on the property herein leased is twenty-five (25) years. Cancellation. Should this base be cancell+d for any reason before the end of the twenty-five (251 year term, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premtsea b} tendering to Lessee one twenty fifth (1/25) of the undepreciated value of suct, building for each year remaining on the agreed life o'. such building. The undepreciated value of all improvements is to be determined by having such improvements appraised-by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the •wo appraisers. IX. SUBROGATION OF MORTCAGEE i Any person, corporation or institution that lends noney to Lessee for construction of any hangar, structure, huilding or improvement and retains a security intereRt in said hangar, structure, bui:ding or improvement shall, jpon default of Lessee's obligations to said nortglgee, have the r~qh•. to enter upon said leased premises and operate or manage said hangar, structure, building or improvemon according to the '-rms of this r.greement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer tnan the •erm of LEASE AGREEMENT/CRAIG TIMS i JtM COVASEY/PAGE 15 r`rrrarrr.rs~ r t 7777 • j e It - 17`7 this lease. It is OXPCasaly understood and agreed that the right to the mortgagee referred to herein is limited and restricted to those impfdvements constructed with funds borrowed from mortgagee, X. RIGHT OP EASEMENT Lessor shall have the ri 't to establish easements, at no coct to Lessee, upon the leased ground space for the purpose of providing utility services to, from or across the airport property of for the construction of public fecil,ities on the Airport. However, any such easements shall n,-At lntertece with Lessee's use of the leased premises and LesaOC shall Cestote the property to its original condition upon the installation of any utility services on, in, over cc under any such easement or the conclusion of such construction. XI. ASSIJNMENT Of LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (101) of the interest in its business, through the sale of stock of otherwise, not sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down apace, xithout the written consent of Lessor. Lessor agrees that it x111 not unreasonably withhold its approval of the sale or sublease of the facilities for airport related purposesr provided hoxevet, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, tees or payments, received or charged are in excess of the rental or fees paid by Lessee to LeslOC under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, of otherwise. The provisio,:s of this lease shall • remain binding upon the assignees, if anl, of Lease!. LEASE AGREEMENT/CRA14 TIMS 1 JIM COVRSEyi?ACE 14 7 XII. INSURANCE A. Required Insurance. Lessee shall raintain contir,uous^ly in effect at all times during the term of tnis agreement, at Lessee's expense, the following insurance coverages. 1. Comprehensive Cer.eral Liability covering the leased premises, the Lessee or Its company, Its personnel and its operations on thip uicport. 2. Aircraft Liability to cover all flight operations of Lessee. 3. Products liability coverage for completed products and maintenance operations. Liability coverage for erro a and omissions on the part of the Lessee or its officials. S. Fire and extendrid coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the lessee subiegwint to this agreement. 6. Liability limits shall be at least $5000000.00 per . occurrence. 7. All policies shall name the City of Denton as an additional named insured and provide tot a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. S. All policies must be approved by the Lessor. 9. The Lesser shall be provided with a copy of all such policies. XI1,I. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted againrt it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or Any court shall take jurisdiction of Lessot and its assets pursuant to proceedings brought under the provisions of any Federal t4ocgatilstion act, LEASE AGREEMENT/CAA1G rIMS i 1IM COURSEY/PAGE 11 ! `;eSn a rp~. M 1.rryra~ . r .,r ,t o- 1 ;1 t 777- or Lessee shall be divested of its estate herein by other operation of law; or Leases shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, of on its pact to be performed, the Lesscc may give Lessee written notice to correct such condition nr cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may, terminate this lease by a written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises and th. provisions of Section VIII Paragraph C (Cancellation) hereof. XIV, CANCELLATION BY LESSEE Lessee may cancel this Agceemeut, in whole or part, and terminate all or any of its obligations hereunder at any time, • by thirty (30) days written notice, upon or aft4K the happening of any one of the following events: (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport of any part thereof for airport purpoiesi (2) the breach by Lessor of any of the covenants or agreements contain!d herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such bceachi (3) oho inability of lessee to use said premises and facilities continuing for a longer pe:iod than ninety (901 days due to any law ,r any order, rule or regulation of any appropriate govern,'r,er_•al authority having jurisdiction over the operations of Lessor or duit to war, !arthquak! or other casualty$ or (4) the assumption Or c!captuce dy the United States Covecn-,ent Or du`/ autrvcir!d agency ~her!of the maintenani+e and operation of said airport and facilitiet or any substantial pact or pacts thereof. Upon the happening of any of the four events fisted in the preceding paragraph, such that the leased pc!mis!s cannot be LlASE AGt'EMENT/CRAIG rN S s JIM COJRSEY/PACF 11 6 l I { used for aviation purposes, then Lestae may cancel this lease as aforesaid, or May elect to continue this lease under its terms except however that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. XV. MISCELLANEOUS PROVISIONS A. Entire Agreement, This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties coviring the subject matter hereof. Any change or modification hereof shall be in writing signed by both partles. 8. Binding Effect. All the covenantip stipulations and agreements herein shall extend to, bins and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. Severability. If a provision hereof shall be fi,7ally declared void or illegal by any tourt or administrative agency having jurisdiction, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. No! ce. Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by registered mail, return receipt requested, wiOl postage and registration fees prepaid: 1. If to Lessor, addressed to: City Manager City of Denton Denton, Texas 16201 2. If to Lessee; addressed tn: Mr. Craig Timm Mr. Jim Coursey 37 Meadowbrook Lane 1114 Noodcreek Roanoke, Texas 76267 Flower ,Mound, Texas 75028 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. • LEASE AGREEMENT/CRAIG TIM5 i JIM CaRSEY/PAGE 19 77 E. Head n The headings used in this Agreement ace intend* of convgnignce of reference ~n I, Limit the scope or meaning of P, any pfovt lion And this nitgre~~in a or Cove in Law. This Age4osed , is to be conatcuod in accordance v t t e aws of the State"',l Texas, A IN WITNSSS WHEREOF, the parties have exgcutgd this greement as of the day and year first above wcLkkgn. LESSOAI CITY OF DENTON Byi Title: LESSEE: Title: THE STATE OF TEXAS S COUNTY OF DENTON S BEFORE ME, the undersigned authority, in and for said County, Tgxas, on his day personally appeared known to mq to be the person and officer whose Haag s subscribed to the foregoing instrumgnt and acknowledged to rte that the came was the act of the Aaid corporation of the State of Texas, and t at it execute ' e me as the act of said corporation for the )s saand consideration therein expressed, and in the capacipy aRherein stated. • GIVEN TINDER MY HAND AND SEAL OF OFFICE, This the of 1983. _ day ~ R au C My Commission gxpirqs: _ THE STATE OF TEXAS 5 COUNTY OF DENTON s WORE ME, the undgcaigngd authoci^.y, in and for jaid C known ounty, Tgxa , on this day personally appeared to me to be the person and offi_gr .rhosg namq is subscriogd to the fcregoing irstrummnt ap+j acknowledged to ,rq that the same was 'h4 act of the said corporation of the State of Texaa, ir~ ;Hat he , / a the act of said corporation for thexgcu.gd the sand lr^ consideration therein gxpt%sigd, and in -hq capacipy a4 herein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, This •he 1983. r day N T R PUB I My Commission gxpirqs: • 17639 LEASE AGREEMENT/CRAIG TIMS 4 JIM COUPSEY/PAGE 20 s ds's~'ri•E +i J. t' na~m Qr.l~EO« 0/ RVNWA/ W 7 ' Q ~ Ma1'll'f#"* )SO, tA W ~ tU ° J N ab'!1'r4"w 8 A u t - s _ _ 147.7Vi I s W r _ _ _ _ ; h 08'il'14 'w Y ro,b ~ s C4 ? / ^ a f r • ~ u ~ h1 4 4 IJ Q Y