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HomeMy WebLinkAbout08-20-1985 A Cry o~ C~~y co u#3 e ulw* ao 1915 Ap 9 ri? Ott v. 1'4 x 5 I`n Y MY i ~ 1 r- . 5' ,r + J+ ~ S W +;'t 1 I ~+nM ! a I u n , , P I~ , P ~y d . I. ~ ~ a ~ ' ~ n " l ~ ` v 1 t ~"S r , ktr~ ( 5ti , °l,} d~'H a 1. 8 +r3~f er, n v~ (d I A1.. {r ire i id]df1 (r I° - K F9 M ~,r1 P!, pi ff y r' gg jy 1 rSrShC I`,~t y. A 1 LI ' 'i. i CxTX `o . 006N 4CfTY coUNCIt, , ' rI z'. 1~ugust 20,'•19$5 All .k ga n of~` i;~tty n Co Olt ent i I~~ oir on 'i`uegdb~jr, t ~~'1985 0 ,16f D 4 4 i 3 tn. ir, the`° yyanb eY s Coll?erence ` rh of ' o Munfa pal r' Buir}ing a whioht the folowirig `item ~l1 be .•~brl~ide~re~ x [ F 4r~d~.~ra 1- P 1 Exe4a ive" ndqsionr ' A. Legal Matters Under: $ea. 2 W , Art, 6252-1'~ VA'P.'8. R ai LbkAte ltnde~r ¢o. `Z } Art. `k~52 17'V . C. Pers*ei der Woo 2(9) y I D. Board `Appointr ntw under Sec. 2 (g) , Art. 6252-17 :V.h,fi.9, F „ CER T i e CATS , . IV certify that the af~ I ove noticb• of rneetinq was po,eted on thb bu'f ie4'in hoar at the' pity all of thoCity of br►ton, h'exaa, an the "th• day'o>: , 1485 at o'Clook (aorda} p 7 f' { F 1 i, iCITY RST ,I A, 1 f L ? n ~ {Y' ..R At .Iql~ ~4 m✓.~4L ~ e 'A1, F~ nt rc'~ V, 'AVY,01 r 311111 h i C i'C Y1 OF brc~Nd' C 1'C Y C UN 'AugustQ,'19~50 CIL Work' Session n the Cly of Den'ion City y Council. on 1~uesdA , • August `20, 1985 At 3Q p "ln the civil Defense' Rib of the Municipal Builfing at which the following ltev xi 11 be considered: S130 p,m, 1. Receive 'a report from the Denton County Historical Conmission, 0 20 Discussion of participation in a southern Denton ` County Crclmittee of the Future. 31 Receive a report on thb affect `o! State legislation 'u'' the proposed Denton sign ordinance and coosider alterations to the proposed ordinance in response to state regulations. 4. Discussiai of petition of Hammett 4 Nash, Inc, represen tin Shau C. Baruch, for voluntary annexation o~ approximately 92.80 acres located north of Highway 77 approximately 1,OSO feet east of I-35,4 for the purpose of determining whe0jr to begin the annexation process (A-28). • S. Discussion of -atition of Mel R. Lacque,aont for voluntary annexation of approximately SS acres located at the northwest corner of FM 2164 (North Locust) and proposed Loop 288 (A-29). 6. Discussion of recommendation concerning imposition of a fee for petitions for voluntary annexations, 7. Executive Session: A, Legal Matters -'Under Sec. 2(e), Art. 6252.111 V,A.T,S, B. Real Estate Under Sec, 2(f), Art. 6252.7 V.A,T,S. a 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. Regular Meeting of the City of Denton City Council on 'Tuesday, August 200 19851 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, . 10 Consider approval of the H1hutas of the Special Called Meeting of Juty,50. 1985 7 7 770 ppq+e 2, Coneent'Agendat Each-- o,f < these itelas is recommended >b}+ tt~~i ~ Stuff 'and approval thereof will be strictly on the basis of.?the Staff recod,~Jenddtions, Approval of the Consent Agenda authorizes . the dAy Manager or his".designee to impleirtent each item in accordance with the Staff recommendations. A. Bids and Purchase orders Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agendas, Detailed back-u information is at P tacked to the ordinances' (Agenda items 4,A, '.B, 4.C). This listing is provided on the consent Agenda to allow Council Members to discuss any item prior to approval' of the ordinance. 1. Bid 9489 - Asphalt repaving 2. Bid N 9494 - Reflective lane markers 3, Bid # 9498 - Traffic signal poles 4. Bid 4 9501 - Cable and air switches 5. Bid # 9502 - 40 feat platform trailer 6. Purchase order 1 W,62 to Boyd Excavation in the amount of $21,125.06 7. Purchase Order # 69401 to Motorola Communications in the amount of $9,696.30 8. Purchase Order #69409 to J, S, Equipment Company in the amount of $13,061.11 9. Purchase Order # 69469 to Basic Waste Systems in the amount of $3,386.13 B. Plats and Replates 1. Approval of preliminary plat of the Arts Council Addition, Lot 11 -lock 1, (The Planning and Zoning commission recommends approval,) 2. Approval of preliminary plat of the Consolidated Properties Addition No. 1, Lots l and 2, Block 1, (The Punning and Zoning Commission recommends approval.) 4 f p 1 i"pi y: r 4' °{`.`^i~ 'h c l~,a 5: ~j}, pare 7/A Mill Couricil'algehda ~`11$ugt00' 1985 Page 'Y'60a 3, Approval of final' repplat of the 'Originaf Town 'of Denton Addition, Lot SR, Block 18. (The Planning and Zoning Commission recommends approval.) 4. Approval of preliminary and final raplats of the Owsley Park,Addition, Lot IA, Block (The Planning and Zoning Commission recommends approval,) S. Approval of final replat of the eainwright Addition and the Original s/1-• of Denton Addition (Victoria Square, Lot 1, @). (The Planning a11d Zoning Commission recomma„, Froval.) 31 Public Hearings A. Z-1754, Petition of James D. Lynch, representing Lynch and Lynch, Inc, requesting t change in zoning from the agricultural (A) to the commercial (C) classification on a 1.402 acre tract. The property is located at S24 Loop 288 and is shown in the Mary S. Austin Survey, Abstract No, 4, If the change in zoning request is approved, the property may be utilized for any use permitted in the commercial (C) zoning classification y the City of Denton Zoning Ordinance. 1, Adoption of an ordinance amending the zoning map of the City of Dentons Texas, as same was adopted as ar. appendix to the Code of Ordinances of the City of Denton, Texas by Ordinance No. 694', as amended, and as said map applies to 1,402 acres of land located at 524 Loop 288 out of the Mary S. Austin Survey Abstract No. 4, and as is more particularly describe 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 $1,040.0( for violations thereof; and providing for an affective date, (The Planning and Zoning Commission recommends approval.) B. 2-17S7, 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 side of Cooper Creisk Road approximately 150 feet north of U6S. Highway 380. If the toning request is approveds the property may be utilized for any purpose permitted in a light industrial district by the City of Denton Zoning Ordinance, (The Planning and Zoning Commission recommends approval,) S Co 2.1758, Petitit+n of R. J. Button requesting a . change in zon ng from aiiieultural (A) and planned development CPDLS4 and -PD -6,4) to the planned developsiont ' clo riff cation on 10.24 4acres. Thee property "is " located north of ti , ~tX 1:,i r bs l`J'N~4N 2 P ~p r L rF Jr r ~o t S. ~L r~ tCit► ofeton Clay; Cdurii~ Agenda " y. August `20,'1985 Page Four Robins'.16 Road and 'es t of Lakewood' 6ss.at0S (S' 166.1., if the planned development is approved, the following .t and user will be parmitted: Dupld,xes (2-P) 22.23 acres Fourpfoxes 4670 acres `General Retail - 1x`83 acres Open Spice - .48 acre I. Adoption of an ordinance amending the zoning map of the City of Denton, Texas, as said map applies to approximately 11 acres of laud, to provide for a change in zoning district classification and use from agricultural ("A") to planned doiblopment ("PD"); repealing planned development district zoning. Ordinances Nos. 83,62 and 8.-92 as said ordinances apply to approximately 6j2 and 11,S acres of land respectively; enacting a new planned development district for all said property, being located north of Robinson Road and east of Lakewood Estates, and being approximately 29.2 acres, as more fully described herein; providing for a maximum penalty of j1,000,00 for violatiGA s thereof; providing for a severability clause; and providing or an effective date. (The Planning and zoning Commission recommends approval,) D, Z-1759, Petition of Neham Investments requesting a cHa g in zoninZ from the agricultural (A) to the light industrial (LI) classification on 7,223 'acres, The property is located on:the south side of Loop 288 east of the MXT and TP Railroad and is shown in the J, S. Taft Survey, Abstract No. 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. 1. Adopt.on of an ordinance amending the zoning map of the City oz Menton, 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, and as said map applies to 7,223 acres of land located on the south sids of Looo 288 esst of the MXT and TP railroad out of `the J,S, Taft Survey, Abstract No, 12S6, and ,"s is more particulafly described herein; to rovide for A change in zoning classificetion from agrtcultl,ral _"A" district classification and use designation to light industrial "LI" ' district classification and use des±gnation; providing for a • penalty in a maximum amount of $1,000.00: for violations. thereof; and roviding for an effective date, (The Planning and lonirg Commission recomwids 3.. apprbvai.) ,r .q M1 r r nil " ~ i'iKk ~~S11 M^ ~1. ~1 °7~. "a" ~ ^J$ ~a~;~j~ ifii'~ } k .?t~~ ~y•e f `••`n+ ~r'.~ w 1•1177 ity`of -Denftoti;ty COuintl l Agenda ' ugu~t 24, 1985 Page" Five B, P6ftition .of'FieldsEdwards Associates, representing M 111 or of Texas, for - voluntary annexation of 426, Bast 'and west land located north and southofFM30494 acrd approximately est of Trinity Road, and south of:U.S. Highway 3'te East (AI23). 4. ordinances: A. Consider adoption of an, ordinance accepting competitive bids and providin# 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 effectlve date. s C. l•:nsider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provist.ons of state law exempting su,:h purchases from requirements of competitive bids; and Providing for an effective date. D. Consider adoption of an ordinance of the City of Denton establishing or revising filing fees provided for by Appendix A, the Denton Development Code and Appendix B-Zoning, of the Code of Ordinances of the City of Denton, Texas; repealing all ordinances in conflict herewith; and providing for an effective date. i B, Consider adoption of an ordinance, amending the zoning map of the City of Denton, Texas, as same was adopted as an appendix to the Code of Ordinances of the City of Denton, Texas by Ordinance No. 64.1, as amended, and as said map applies to 14.06 aci'as of land loc6ted along the east side of Riney Road, adjacent and south of C1. S. Highway 77, and north of Windsor Drive, at a point beginning approximately 220 feet east of the intersection of Riney goad and Windsor Drive', as is more particularly described herein; to provide for a change in zoning classification from agricultural "All district classification and use designation to , planned development "PD" district classification and use designation; providing for a penalty in 'a maximum amount of $1,1100400 for violations thereof; and providing for an effective date. (Z-1730) (The-Planning and Zoning Commission recommends approval.) . F. Consider adoption. of~an ordinagco amending the zoning map of th6 City of Denton, Taxis ".166 ,same wa3. adop+vd as an appendix to. the 06de' of Ordi,(anees of the City of Denton, , U 1 ~ tY~.izA .r ~.'~M T17 i i. N~VA4S kCl y1 6f uent6n'City r'6`6It 1 Agenda .Augi's 10, 1985 Page '1x Texas by.Ordinance. No' b9-l, as akond'od and as said aap. epplies to 36.46 acres `of land located north of PAIge Road and east of Mayhill Road, and is more particularly described faer'ein, to pi-ovide for a change. in zoning classification f^om agricultural "Ali district classification and kse designation to planned development "PD" classification 'and'~use designation; providing for a maximum penalty of $1,000000 for violations thereof; providing for a severe ility clause; and providing for an effective date. (Z-1737) (The P16nning and Zoning Commission recommends approval.) G, Consider adoption of as ordinance annexing a tract of land contiguous and adjacent to the, City of DGntori Texas; being all that lot, tract or parcel of land eorMsting.of approximatoly 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 13300 and the M.H.P. 6 P.R,P.' Survey, Abstract 9SO, Denton County, classifying the same as agricultural "A" district property; and declaring an effective date. (A-20) No Consider adoption of an ordinance and service plan instituting annexation proceedings for a tract of land contiguous and adjacent to the City of Denton, Texas; 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 Texas and being part of the J, Test Survey, -Ab3traut No. 13319 Denton County, Texas; classifying the same as agricultural "A" district property; and declaring an effective date. (A-22) Is Consider adoption of an ordinance setting a date, time and place for public hearings, concerning the petition of the City of Denton for annexation of approximately 160 acres of land being part of the BBB and CRf Survey Abstract 141, and located north of FM 117:x, south of Barthold Road, west of 1-3SN, and east of Masch Bralich Road and the GC O F Railroad (A-24)s J, Consider adoption of an ordinance setting a data, timed and place for public hearings concerning the petition 6f Aikman Development Corporation and the City of Denton fur annexation of approximately IM S acres of land lying I'l and bein a part of the g. Merchant Survey, Abstract 8000 the C, hacon, Survey, Abstracc 2981 andd the So Venter Survey, Abstract 1315, Denton County, 'Texas, The subject site begins at the southwest' corner of M, 2181 and Hicko: y Creek Road (A-27), K. Consider adoption of an ordinance designating bnd establishing a 'school safety sane on Windsor from a.point I~ 4z a w r y ~ 7 7 ~ 9~~ A~ r t .,t r~ a ~ i e~ t r u ~ r d ~ Ac I"~ f`of Denton Cit Council' Agenda August 20,1985 y Pigs Seven 250 feet east and 250 feet west of its intersection with North Locust and on North Locust 250 foot north and 250 feet south of Windsor; reducing the maximum prima facie sppe~ed limit from thirty (30) miles per hour to twenty 20) miles per houra 'providing a penalty of a fine, not to exceed two hundred dollars ($200.00); providing a severability 'cirlose; and declaring an offective''dates (The Citizens Traffic Safety Support Commission recommends approval.) L. Consider adoption of an ordinance, prohibiting the perking of vehicles on the south side of West Hickory from I ts: intersection with Avehuo B to its intersection with Avenue C; providing a severability clause; providing `a penalty not to :exceed two hundred dollars: and ,dacilrl,ig` an effective date, (The Citizens Traffic Safe's Support Commission recommends approval,) M. '.,onsider adoption of an ordinance prohibiting the parking of vehicles on the north and south sides of Windsor Drive frog is intersection with Hinkle to its intersection with Bonnie Brae; providing a severability clause; and providing a penalty riot to exceed two hundred dollars; • and declaring an effective date. the Citizens Traffic Safety Support Commission recommends approval.) N. Consider 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 of a tuberculosis test as a coq ition to receiving a food handling permit; and providing for an effective date, S, Resolutions: A. Consider approval cf a resolution approving an agreement by the City of Denton Industrial Development Authority to issue a bond for Martino Realty Company and a guarantee agreement w•it Prank No Martino, Jamus 8. Martino, David C. Martino, Prank N. Martino, Jr.', and Richard D, Martino and the bond resolution providing fr,r the issuance of suc, bond. 8, Consider approval of a resolution approving the Historic Landmark Preservation P14in, (The Planning And Zoning Commission recommends approval,) Co Consider approval of a resolution appproving an amendment to the airport lease agreement of 6ctober 1, 1979 and authorising the Mayor to execute the consent to assignment of ;securiyty interest in said lease, (The Airport Aovisory Board reconmehdA approval,) r s.OrFr 7%1 985 D.. Consider appxpVa} o a resolukiro~ OprOV ng tho..transfer and a@sMent of.the, cable te,levimion franchise and cable`' toigevil 4n'¢oie lease' agreemoht 'Foma Golden triangle Communications to Sammons Communications, Iric.~ (The 'Cable TV 'Advisory $¢ard •econmaends approval, ) 6. Consider enproval of work program to update the Denton Development Guide and Comlrehsnsivd Zoning Gr"dinance. (The Planning and Zoning Commission recommends approval.) 7. Ccnsider'approval of taking a vote to consider increasing the effective tax rate. 8. New Businessi This item provides a section for Council Membors to suggest items for future agendas. 96 official Action on Executive Session Itemss A. Legal Matters a, Real Estate C. personnel D. Hoard Appointments 10. Consider approval of a resolution appt".nting a City Judge . to preside over the Municipal Court. 11. Consider 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. 12. Consider approval of a resolution appointing an Assistant City Judge to perform the judicial fonctions of the Municipal Court in the absence of the City Judge. C E R T I F I C A T E I certify that the above notice of wasting was posted on the bulletin board at the City Nall of,+;he City of Denton, Texas, on the day of , 1985 at o'clock (a.m.; pom. CITY SECRETARY leaac. 6k , `+',y.a' ki Y,y '':f r4 n. r • n'9. .rR air e .7 . rc i"p i i r,y ' T AGENDA CITY OF DEN`!'ON CITY COUNCIL August 20, 1985 Work Session of the City of Denton City Council on Tuesday, August 20, 1985, at 400 p.m, in the City Manager' Confetence Room of the Municipal Building at which the following item will be considered: 4 00 p.m. 11 Executive Sessions N. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. heal Estate Under Sea. 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. C E R T I F I C A T Z I certify that the abov6 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 CITY SECRETARY " z i~ 5` 5 l i 1d°r 'Vi . CITY OF hgIYTON 'CITY COUNCft.` AugJ3t 20 ` 1985 Mork Session of 'the City of bdhOh ,'City~,,'ttCouncil :on Tuesday, August 20, 1985 at 60 0 pp, m, in the Civil Aefense'Roo~: of the municipal Bulljing at which the f01160 ng items will be considered: S:3o pr m. 1. Receive a ro porv from the Denton County Historical Commission, 2, Discussion of participation in a southern Dente-i County Conwittee of the Futurar 3. Kecbive a report on the effect of stake legislttion upon the proposed Denton sign ordinance and consider alterations to the proposed ordinance in response to state regulations, d. Discussion of petition of Hammett represei,ting Shaul C, Baruch, for voluntary nn xationcof approximately 92, 80 acres located north of Highway 77 approximately 1,0S0 feet east of 1-3SN for the purpose of determining whether to begin the annexation process (A-28). S. Discussion of petition of Mel R, Lacguemont for voluntary annexation of approximately 55 acres located at the northwest corner of IM 2164 (Nor%;h Locust) and proposed Loop 288 (A-29), 68 Discussion of recommendation concerning imposition of a fee for petitions for voluntary annexations, 7. Executive Session: A. Legal Matters Under Sec, 1(a), Art, 62S2-17 V,A,T,S. B, Real Estate Under Sec. 2(f), Art, 62S2.17 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 WA. T. S, Regular Meeting of the City of Denton City Council on Tuesday, August 2,10 19859 at 7:00 p.m. In the Council Chambers of tko Municipal Building at which the following items will be considered: 7;00 pool 1. Consider approval of the Minutes of the Specials Called Meeting of July 30 1 5 f.~1., ON "lot .r S r . cr R. S p a a~ !i a r q C' L {p i , , ~~~r tF T ~ " [ ~ 1 j i °~?C~ A fil e;♦ hr~t a7~~~.~`.' / $ 9 1~ 11,5 a~'frt~g,r att: ` ,'3: > , r }y ys ~a ~ `Y~ ~ t o hG 1 Ageh `aA6, li 10; ,pA9'e Two" r 2. Consent Agenda Each of`these`items is recommended by the'Staf and approval thereof will be strictly on'the basis of the Staff recommendations. Approval of the Consent Agenda'authorixes the City Manager or his designee to implement each item in accordance with the Staff recommendations. A. Bids and Purchase orders: Listed below are bids and purchase orders to be approved for payment under the ordinance sectfon of:the agenda. Detailed back-up information is attached to the ordinances (Agenda items 4,A, 4 B, 4.C). This listing is provided on'the Consent Agenda to allow Council Memberto to discuss any iteiq prior to approval of the ordinance. 1,. Did # 9489 - Asphalt repaving 2.! Did Y`9494 Reflective lane markers 3. Big f 9498 Traffic signal poles 4. Bid 0 9501 - Cable and air switches 5. Bid ! 9502 - 40 feet platform trailer 6. Purchase Order f 69362 to Boyd Excavation in the amount of $21,125.00 7. Purchase Order 0 69401 to Motorola Communications in the amount of $9,696,30 8. Purchase Order 169409 to J. S. Equipment Company in the amount of $130061,11 9. Purchase order 1 69469 to Basic Waste Systems in the amount of $3,386.13 B. Plats and Replats: 1. Approval of preliminary plat of the Arts Council Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 2, Approval of preliminary plat of the Consolidated Properties Addition No. 11 Lots 1 and 2, Block 1. (The Planning and Zoning Commission recommends approval.) r.,,~♦f, c .^..'t 1 d +Y~~+`♦ ('u P ~ i'~'♦ e r~ e `lf / T~'~ d 45. . fi¢ .r #^v t.♦ j ri i': AY ` (aA Ci ty of ,Uento# city Couhc~4_1 Agenda August 2t), 1985 Page Three ; 36 Approval of final `re plat of the Or(giial `T,Wrt of Denton'Additiori, Lot SR, Block 18. (The Planning and Zoning Commission recommends approval.)` 4. Approval of preliminary- and 'firiI replats of the Owsley Park Addition, Lot lA, Blor.k 5. (The Planning and Zoning Commission recommends approval,') S. Approval of final replat of the lain4tlght Addition and the Original Town of. Denton. Addition' (Victoria Square, Lot 1, Block 11)* (The Planning and` Zoning Commission recommends approval.) 3. Public Hearings: A. 2-17S4. Pe'ition of James D. Lynch, representing Lynch and Lynch,:, Iitc. , requesting a change in zoning. from the agricultural (A) to the commercial (C) cl'assifica'tion on a 1.402 acre tract, The property is located at 524 Loop 288 and is shown in the Mary S. Austin' Survey,' Abstract No. 4. If the change in zoning request is approved, the property may be utilized for any use ppeermitted in the commercial (C) zoning classification by the City of Denton Zoning Ordinance. 1. Adoption of an ordinance amending the zoning nap of the City of Denton, Toxas, 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, and as said map applies to 1.402 acres of land located at S24 Loop 288 out of the Mary S. Austin Survey, Abstract No. 4, and as is more particularly described herein; to provide for a change in zoning, classification froL agricultural "A" district classification and use dosigolation; providing for a penalty in a maximum amount of $1;000.00 for violations thereof; and providing for an effective date. (The Planning and Zoning Commission recommends approval.) B. Z-17S7. Petition of Harrison Investments and Pat Bradyy requesting a change in zoninq from the agricultural (A) district to the light industrial (LI) classification on a 3.7 acre tract located on the west side of Cooper Creek Road approximately ISO feet north of U.S. Highway 380, if the zoning request is approved, the property may be utilized for any purpose permitted in a ligght industrial district by the City of Denton Zoning Ordinance. (The Planning and Zoning Commission recommends approval,) C. Z-1758. Petition of R. J. Button requesting a change in zo'n`ing` from agricultural (A) and planned development (MbS4 and `PD,661) to the planned :development ciasst£'im cation on 29.24 acres. The property is located north of w ~r a. ''rr i T( n a, e r M 1; a 7 F . i y o Benton` City Coundil Agenda 4ugusi 20', 1985 - Page Four RAI'son Road and east of lakexoo'd Estates 0-166). If the planned development is', approved; the following' land uses will be perrrittedt Duplexes (24) 22.23 acres Fourplexes - 4.70 acres General Retail - 1.83 atores Open Space - .48 acre 1. Adoption of an ordinance amending the toning map of the City of Denton, Texas, as said ma a lies to approximately 11 acres of land, to provida . r `a change In toning district classification and Use from agricultural ("A") to planned development ("PD")`; repealing planned development dirt"rict zoning Ordinances Nos, 83.62 and 83-92 as said ordinances apply to approximately 6.2 and 11,5 acres of 'land, respectively; enacting a mew planned development district for all said property, being located "north of Robinson Road and east of Lakewood Estates, ;and boing a proximattily 29.2 acres, as more fully describeV herein; providing for a maximum" penalty of $1,000.00 for violations thereof; pproviding for a severability %Iause; and providing `for an effective date. (The Planning and Zoning Commission recommends approval.) D, ?•2759. Petition of Neham Investments requestin,Q a Fia g in zoning from tho agricultural (A) to the ll,ht Industrial (LI) classification on 7.223 acres, The, property is located on the south side of Loop 288 east of the MKT and TP Railroad and is shown in the J. S, Taft Survey, Abstract No. 1256. If approved, tho property may be utilized for any use permitted in the light industrial (Ll) zoning classification by tW City of Denton toning Ordinance. 'I 1. Adoption of an ordinance amending the zoning map of the City of Denton, Texas, as some was adopted as an appendix to the Code of Ordinances of the City if Denton, Texas by Ordinance No. 69.1, as amend id, al'd as said map applies to 7.223 acres of land located on the south side of Looo 288 east of the MXT and TP railroad out of the J.S. Taft Survey, Abstract No. 1256, and is is more particularly described herein; to provide for a change in zoning classification from agricultural "A" district classification and use designation to light industrial "LI" district classification and use designation; providing for a penalty in a maximum amount of $10000600 for violations 'thereof; And _providing -for an effective date. (The Planning and zoning Commission recommends approval) q R +.,ixir aM r~i v x'} H 'S Xr •t s 7',ti,. t W..! f 4{':r~ h1 x n v11 lag : ye v 7 ~t tt 4 k o r..pF N y 1 N T" i.. r 7 i 4 N .City of Nht6ri city Council Agenda August 20, 19s5 Page- live 'g. Petition of 'Pields, Edwards 6 Associe'tes, representingg Miller of Texas, for voluntary annexation' 'of approximately 304.94 acre;?, cF land located noith and south of FN 426, east and west of Trinity Road, and. south of U.S, Highway 3g0 East (A-23). 44 Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contract's for the purchase of materials, equipment, supplies or services; providing for th! 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, equippmaent, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing for e;i effective date. D. Consider adoption of an ordinance of the City of Denton establishing or revising filing fees provided for by Appendix A, the Denton Development Code, and Appendix B-Zoning, of the Code of Ordinances of the City of Denton, Texas; re aling all ordinances in conflict herewith; and providing for an effective date. . E. Consider adoption of an ordinance amending the zoning rap 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] and 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 be inning apprOAtmately 2?0 feet east oY the intersection of Riney Road and Windsor Drive, as is more particularly described herein; to provide for a change in zoning classification from agricultural "A" district classification and use designation to planned development 11PD11 district, classification and use designation; providing for a penalty in a maximum amount of $1,000.00 for 'violations thereof; and providing for an effective dates '(Z-1730) (The Planning and Zoning Commission recommends approval. P. Consider adoption of an ordinance amending the zoning map of the City : of Denton, Texas, as same was adopted is an appendix to the Code of Ordinances of-the City of Denton,' 'I ♦ N 1 T E~ w ie~,ris 1 itl ei It"7 k wN9 ~ tiN ` {d u .a t ri N7 1 Y'~i f f y~F?i 'p, y♦♦y S1 i J t. n a'. .y w f'~ h,- 91Cr 1, ~ 1 la r 1 • u _L City``of . 0)t.on C1ty Council Agenda August+ 29,- 1485 page'.Six Texas by Ordinance. No. 69.11 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 morn particularly described herein, to provide for a chnge. In zoning classification from agricultural 11A" district classification and use designation to planned development "PD" classification and, use designation; providing for a maximum penalty of $1,000.00 for violations thereof; 'Providing for a severabIl.ty clause; and roviding for an effective date. (Z-1757) (The Planning and Zoning Commission recommends approval.) G, Consider adoption of an ordinance annbxing a' tract of land contiguous and adjacent to the tity of Down To being all that lot, tract or pa cal of lanA consisting of approximately 160 acres of land lying and being situated in the County of Denton, State of: Texas and being part of the G' Walker Survey, Abstract,4530, and the M.B,P, 8 PIR,R. Survey, Absstract 4S0, Denton County; classifying the same as agricultural "A" district property; and declaring an effective date. (A-20) H, Consider adoption of an ordinance and service plan Instituting annexation proceedings for a tract of land contiguous and adjacent to the City of Denton, Texas; being all that lot, tract or parcel or land consisting of approximately 11S acres of land lying and being situated in the County of Denton, State of Texas and being part of the J. West Survey, Abstract No. 1331, Denton County, Texas; classifying the same as agricultural "A" district property; and declaring an effective date. (A-32) I. Consider adoption of an ordinance setting a date$ time and place for public hearings concerting the, ppe titian. of the City of Denton for annexation of approximately 160 acres of land being part of the BBB and CRR Survey Abstract 141, and located north of FM 1173, south of Barthold Road, west of I.35N, and east of Masch Brench Road and the GC4SF Railroad (A-24). J, Consider adoption of an ordinance setting a date, time and place for public hearings concerning the petition of Aikman Development Corporation and the City of Denton for annexation of approximately 117,S acres' of land lying in and beingg a part of the B, Merchant Survey, Abstract 800, the C. Macon Survey, Abstract 298, and the S, Venter Survey, Abstract 1315, Denton County, Texas, The subject site begins at the southv+ost corner of FM 2181 and Hickory Creek Road (A-27) x. Consider adoption of ar, ordinance designating and establishing a school safety tone on Windsor from a point 1 K Sex T +c z ^pw ♦1 c +wr' r t y ~a~ :;~y< 1 i.,i tt .1'7rY -0i! V ,y°f '1 -t+ .,}te an~~ a" a ffl ' t A ty of Di'nton Ctty Council'Agenda Au&ust, 20~ 19$S Page Seven, 250 feet east and 250 feet west of its intersection with North Locust and on North Locust 2S0 feet `nofth,and 2S0 feet south of Windsor; reducing the 'maximum prima facie speed limit from thirty, (30) miles per hour to:twenty 20) m ies per hour; providing a penalty of a fine not to exceed two hundred dollars ($200.00); providing a severability clause; and declaring an effective `date. (The Citizens Traffic Safety Support Commission recommends approval,) L, Consider adoption of an ordinance prohibiting .th'a parking of vehicles on the south side of West Hickory (foot its intersection with Avenue B to its infersection with Avenue C; providing A severability clause; providing a penalty not to exceed tvo hundred dollars= and declaring an effective date, (The Citizens Traffic Safety Support Commission recommends approval.) M. Consider adoption of an ordinance prohibiting the parking of vehicles on ,he north and south sides of Windsor Drive from its intersection with Hinkle to its intersection with Bonnie Brae; providing a severability ;louse; and providing a penalty not to exceed two hundred dollars; and declaring an effective date. (The Citizens Traffic Safety Support Commission recommends approval,) N. Consider 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 of a tuberculosis test as a condition to receiving a "ood handling permit; and providing for an effective date, Resolutions: As Consider 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 guarantee agreement with Frank N, Martino, James B, ;Martino, David C, Martino, Frank N, Martino, Jr,, and Rir,hard Do Martino and the bond resolution providing for the 'issuance of such bond, B. Consider approval of a resolution approving the Historic Land2ark Preservation Plan. (The Planning and Zoning Commission recommends approval,) C. Consider approval of a resolution approving an amendment to the airport lease agreement of October 1, 1979 and authorizing the Mayor to execute the consenu to ,.assignment of security interest in said lease. (The Aitport Advisory Board recommends approval.) 1rr7 t rvi : W 7 u r 7 Ai, r ti 14e , a til *a i t. ~'krl t'T Lf gtyouricil Ac~endaf` 19$5 Page'Eight D:, 'consider approval".of a resolution ithapprovng e transfer c and assignment of the Cable television franghfse and dabl'e television pole lease' agreement froth id" en Triangle Communications to Sammons Communications,.'nc. (the Cable TV Advisory Board recommends:approval.) b. Consider approval of work program to update the Denton Development Guide and Comprehensive Zoning ~-rdinance. (The Planning and Zoning Commission recommends approval.) 7. Consider approval of taking a vote V:o consider increasing the effective tax rate. 8. New Business is This item provides a section for Council Members to suggest items for future agendau. 9 Official Action on ExecutJre session items: A. Legal'Matters , 0. Raal Estate C. Personnel U. Board Appointments 10, Consider approval of a resolution appointing a City Judge to preside over the Municipal Court, 11, Consider approval of r. resolution appointing in Assistant City Judge to perform the judicial functions"of the Municipal Court in the absence of the City Judge. 12. Consider approval of a resolution appointing an Assistant City Judge to perform the judicial function$ of tha Municipal Court in the absence of the City Mudge, C E R T I: I C A T E I ce..tify that the above notice of meeting was posted oA the bulletin board at the City Nall of the City of Denton, roxas, on the day of , 1985 at o'clock (a.m.) p•m, CITY SECRETARY ~1884C c 4 i x~h! 3 !n 'r. 4 t L; r". 1€ f y 1 Y` a~ p' it r n' t t r' :p. 1~ M" F 3 r, hY 4~ Jr. I i v '.t r, rY~r~v yr r: fit`d cnv oF HIGHLANo vIiuAaE 141 Highland Vlllige Arad, Highland VNlega, Toms 75011.611) (214) 221.2iiSa i0ft T\ 7f/ 717 JUt2sr~ Dear Mayor, L'1Tf }r'h iili , r t 7tle Cities of Southern Denton OMMty, would like to enlist your oityos support and participation in forming a committee of the Future. This gill be a glue Plbbon Panel that will address the issues and goals we oaingnly face as a region, Much can be acoonplished if we work together as a large body; rather than EMU cities alone. Initial respioasa has been very Positive. All Cities will be represented equally regardless of size. Representation will consist of Cne 00unoilmember or a Council appointed citizen, and the City Administrator, person that omxhx+s City's daily business or their appointed representative. 7t~e North Central Texas Council of Cvmrsments is willing to take an active r)le towatd the success of this 0mrdttl ft Regional Services Dept.i hU already lent some execellent suggestions. The first meeting will take Place on Saturdays August 10, 1985, at 1000 aim. in the CbpPer Canyon Town Hall, (map is attached.) The Committee of the Future would like to ask your City Council for b unanimous vote to participate and support the 1985/86 Couthern Denton County Committee of the Future. Please fill out the attached attendonoe form and survey and return t0 and by July 31, 1985, if you hl any questions, input o+: suggestions please do not hesitate to call me, Teri Wiseman-Kempff - (214) 221-2558 hbrk (214) 434-15240 The Committee of Tire Future looks foreword to meeting each of you in person, Teri Wisem>an•Yempff i Coordinator 7t Y} Ar Y' r` la ry ~s4. t t. t ~~tx_~ q .F 1 r ~ °a r.hr ~ ~r F l" .f..r'~i. X C ~'a~ d4 5' r 12i a'S ~ r o ~ ( >i` 'i~ N1 .4 I. P 1~ ~ k , 7 4AGHID HILL. ,gyp h COPP YOYIN 1.11►1-1, 400 wooouwo W. 7 ~t H, 407 (JAY N WY,) 1 NO l"~ r 7 s JA A A1 • 'A J COMMITTEE OF THE FUTURE AGENDA 91,00 - 10:00 Arrival and Greeting 10100 - 10:10 WOICome Speech - Teri`Wisenan - Kempff 10:10 - 10,15 Moderator 10:15 - 10:40 Key Note Speech Ward Steenson - MetroCrest Chamber of Commerce Former Mayor of Carrollton DART board Member 10:40 - 11,00 Survey Response and Dinoussion 1100 - 1100 Establishment of Goals and Priorities 11:30 - 11:45 Election of Chairman and Secretary Bet the Dates Time, Place of Next Melting 12100 Adjournment y v, n If q v~ e~ 1 '4 . n ~4.{ w Y_ ~b yip y~ki ~ y s1 _ r 7 ~ Y A 1 1 s 1 t s t 4, y n COMMITTEE OF THE FUTURE ATTENDANCE FORM Please List the Nimes and Positions of Those [representing Your City at the August 10, 1985 fleeting of THE SOUTHERN DENTON COMMITTEE OF 7HE FUTURE Please return this form to Teri Wiseman -"Hempff City of Highland Village 948 Highland Village Rd. Lewisville, Texas 7506; Forms and Surveys should be mailed no later than July 31st. Name: -------rrr...._-r_r_n -..r--------- Positions ....__-r_.-_.......................... Name= r-ww-_rr-----r_rw--rrr_rwr Position rrrrrwrr..r..rrrr_r_rr. r_rrrrr City w__..______~ ~..._-_-.._..-_r.... Phone we look foreward to your attendance i c i ' r s t 'fi r fir' r NZJ~ ti "7 z .n h ar i x 1` 9 I.T.11YX ti, 'Y ` d w 7s LS 1 'F Fle+aae omplete the fotixng sun trey ~+rnd mail no :later'. than July 31st ` 1985. Pri6riti7s the ibllowing b n a'stale`of 1 - 14;'with i Being lowest', in priority. It will be helpfli to you to read through the diffrant items before you rank them. 4tne sub-headings can be answered with 'a'yes or no answer. Please feel free to add comments or'questians. 1. M-At do you estimate your city's population w!11 be by the year 2004 ? 2. Water a. ire you in need of a permanent water source ? b. ~N have aderPlate water lines to keep: up w t~fi t"'e present future , y c. Would your o3ty ~wwillirig to participate in a Faegioral Watkr Distract ? 3. Land Use -(Fxtxa 'territorial Jurisdiction) a. Would yrxtir city be willing to participate in a Regional Land tine 'Plan ? b. Would yr)ur city like to participate in regular informational meetings on Fact-a sm-ritori.al Jurisdiction ? 4. D-ainago & Flooding a. Does your city experience flooding and drainage problems ? b, Haw widespread is your problem ? ( What percentage of the cite-6jWiences flooding ) c. Is your dr a or problem minor, moderate, or major ? d. Would your city be willing to participate in a Regional Drainage l&4- Cont_rol District if established ? 5. FirJanoing Your City a. Does your city have I lems 7 _ b. Do you currently have adoate property OM cover current needs c. Do your taxes reflect future growth and &vwVJ ? d. re their a budget process in your city ? e. Would your city like to receive more inforniaE cn city budgets, and taxation ? 6. Animal Control Do you have a leash law ? a. b. Does your city have sans sort occurrent amral control service ? c. Has your city been attending the local animal control meetings d. Would your cominity be willing to participate in a M#*Ial Anima`Tmtrol Cisnter ? I Wil survey cont. Waete Water/ Sewer/Septic a. Does your pity currently have a adequate system ? b. Will your existing sewer system support you city in-Tryears C, would your city be willing to participate in a Regional Waste Water 't'reatment Plan if available ? 8. Ewrgency Services (Fire, police, Ambulance) a. Does your city have current Fire, Police, anbulance service ? i b. Are the following adequate ? Police Fire Ambulance c. Do yqu have an Emergency Flan in caseoa disaster t as train derailment, chemical spill, traffic wcident, eta. ? 9. Legal Oounsel a. Does your city ~e adequate legal oamsel 10. Developmental Standards a Has your city adopted lErm Building Oode Guidelines as proposed by N.C.T.C.O.Gs b. Would your city support a RegicrZI bailddng Codes Standards in +dditicn to the Uniform Bode Guidelines ? 11. Inter-City Omm nication a. Would you like to seo`nes of oamxnicaticn between our cities opened up ? b. Would you like to cam=-Teate with these cities on a regular basis 12, Planning a, Does yoar-"c! y have a plan to move into the year 20007 b. Is your city prepared for the massive growth cocurir►g7 c. Is your city going to be in need of a City Garter in tf nor future? d. Is your Ri ty aware of the North Central Texas Oounoil of Gaverrments aM itb function ? e. Have you ever used C.0.0.Is resauvoes 't 13. Transportation a. Is your city currently participdting in t?w Dent n Oo, Transportation O=dttee ? 14. Water Oonservatiat a. Is your city IMMW-Mg a water Conservation Plan currently ? bd would your city be willing to participate in a Regional Water Oxiservation Plan 7 14. OnMi ' 171f <YINIIAI• NfIYIY I Hjcchou 0 NAKF. pAIJAb r. TVAI ttT11r, r 4" A YON ~K::ti.r- ISMI. ff YI~.rIf+Hm. ll!! JIJHtlN ~ 11111mv, clay ' ~'ti Iwr 14V1LI lift 111 111 -1U ; 1+N I►EtlNtlk NO 1,•`I . NdAktlkR tY&UNk NF:M'ANN 111 ttt n rrq III lit i I r~ iriul. ~._.a~...-.... f b ll, ~IgAffll .lfl If 1 -TA krld 744i l i_t, r7rr rf " i 4 +IttwrtsaN+t r>i'.a N~aa:f 1t1 _ u CARMtM• ~MN~1t1 HP { 111 ORAN 'VINE If Jk 1111 • 1 ~uulletlr_.. KF:I.(F'N Atlxfrf A F:k 11 If/! Nrtvtlu,AN►: , It 01 TINA 'Ftl i 1 1M 1L Nr r 0 7ff \ - No 1{ k A RT 114 b+M IM 111 ~tAL'INA% MICR III + tNA•Y.YYIIA.k Fl LF' ~ 1 MATAI Una 1 , r ' Y i it ~ t r- 117 a nM ' n tf1 , _o tN`~ wulew Jura. • iil 1.A •i I t+l + Y M1C is 1 if grrnr NN , _ y 117k 1) 1' I!1 ' ( y ~a t I IiIgA~O DALL 1 r .NO K. NTfYLI UtMlh IH 1q ~l , t (b 1/ lM. -1117k ua Il~rl 1 ,µl_ff .laMle~ ` QN M) Pit INIF, - 1!, ft w Y,N t E- - 1 ARL I I ratfraN w , _ ~ /7 1 + f' ~ • yr a + irllrnrr DAf~: a-~~-gs CITY COUNC i L REPOT FOPXAT TO: MayOr and Menbars of the City Council PROM:" G. Chris Hartung, City manager StjHJBCT: Receive a report'on tht effect of State Legislatiop upon the Proposed Sign Ordinance and consider alterations to the Proposed Ordinance in response to the legislation, R8C__ COMM, ENDA_ IO _ Revise the Proposed Ordinance to avoid payment of co~pensable costs. SUMMARY: The State Legislation requires payment G1 compensable costa by cities to sign vrnera who arse required to relocate, remove, or teconstruct signs. BACXGROUND: Action on the Proposed Sign Ordinance was postponed pending State Legislation, PROGRAMS, DBPARTMENTS OR GROUPS AFFECTED: Building inspection; sign Companies and Sign Owners. FISCAL IMPACT: Implementation of aseattization of nonconforming signs would have a significant budgetary {mpact. Respectfully submitted: U Mg City Manager pr ed y: + alto Charles'S. Watk ns Title Operntions Analyst C . Approv : x e Of T tle Director of Planning and Community Develnpment S,y. a . , rat LEGAL DEPARTMENT MEMORANDUM Debra Adam! Drayovitch, City Attorney Joe D. Morris, Assistant City Attorney Robert 86 Hunter, Assistant City Attorney T0: Debra A. Drayovitch, City Attorney FROM: Joe D. Morris, Assistant City Attort,ey SUBJECT: Summary of House Bill 13309 Providing for Municipal and State Regulation of Signs' DATE: July 8, 1985 House Bill 1330, passed by the 69th Legislature, relates to state and local regulation of outdoor s.gns (copy attached). The Act, addresses two aspects of sign regulations Article I of the Act provides for procedures that must be followed by municipalities that require the relocation reconstruction or removal of signs that de; not conform to municipal sign ordinances (-lo.nconforming signs). Article II provides for regulation of signs along rural roads located outside the corporate limits of uunicipalities. MUNICIPAL REGULATION OF, NONCONFORMING SIGNS The purpose of Article I of the Act is to require any municipality, which did not have an ordinance in effect on June 1, 1985, that provides for amortization of nonconforming signs, to pay compensation for any nonconforming sign that a city thereafter requires, by ordinarce, to be relocated, reconstructed or removed. Since the City of Denton failed to enact a sign ordinance before June 1, 1985, that provides for an amortization plan for nonconforming signs, the City will be required to pay compensation for any nonconforming signs which are required to be relocated, reconstructed or removed by any sign regulations in the future. The Act provides for detailed administrative procedures that must ba followed in su'c'h cases. A brief summary of those procedures are set forth below. 1. Municipal Board on Sin Control to be Established First, the. mayor must appoint a mum c pa oar o gn control" composed of five members to serve for two-year terms$ The board id responsible for determining the compensation to be T. f'n si A. ( A. N' l Ai Debra Drayovitch Page 2 July 8, 1985 paid for all costs associated with the relocation, reconstruc- tion or removal of nonconforming signs after the owner is given a hearing beforia the board. The board is to be composed of two real. estate appraisers, one person from the sign business, one person who is an employee of the State Department of Highways, and Public Transportation, and one architect. (Art. 1, Section 3, 4(b)) 2. Com erasable Costs to be Paid The amount of compensation to be made is dependent on `Te fiction the nonconforming sign owner is required to taka to comply with a city's regulations. (a) Relocated Si nt. If the sign is required to be relocated, compensable casts include the expenses of dismantling the- sign, transportih it to another site and reerecting it. The costs are determined according to the standards a licable in a proceeding for condemnation. A city must pP also issue the sign owner a permit to operate, at an alternative sits of substantially equal value, a substitute sign of the same type and must compensate tLe owner for any increased operating costs at the new location, which includes increased rental cost, (Art. 1, section 4(c)) (b) Reconstructed Signs. if a sign is required to be reconstructs to conform to a sign ordinance,' compensable costs include expenses of labor and materials and any loss in the value of the sign in excess of 15% of that value due to reconstruction. (Art. 1, Section 4(d)) (c) Removal of Off-Premise Signs, If an off-premise sign is requ re to a removed, compensation is determined by specified formulas based on the average gross revenue received by the owner of the sign in the past. For such signs, a city is also r6sponsibla for compensation to the land owner for any decrease in the value of the land because of the required removal. (Art. 1, Section 4(e)(f)) (d) Removal of (hi-Premise Signs► If an on-premise sign is requ re o e removethe coapensable cost is an amount computed by determining a balance between the original cost, leas depreciation and the current replacement cost, less an adjustment for the present age and condition of the sign. Arts 1, Section 4(e)(2)) 3. Methods of Com ensation. Once the com ensable costs are TOM &W ni`ed; e city may utilize only one offour methods, or a combination thereof, to pay those costs. (Art, 1, Section 5) 74 Debra Drayovitcll Pate Three July 8, 1985 (a) Cash Pa ante. First, the Act allows a city to pay the compensa a coats in cash. (Art. 1, Section 5(e)) (b) S eeial Fund from Taxes on Si n Owner's Pro art Second, a C ty mss al. oca e al l or part of"~Tia proper y taxes paid on signs or any real or personal propperty owned by the owner o the sign, to a special fund.' and pay the co I mpensable costs from such fund. This supposedly alternative method actually differs little from the first method since the city s,it merely taking a-specified revenue source, instead of unapeciFied general revenues, to pay the compensable coats. (Art.` 1, Section 5(0)] (c) Sign gbotement Revenue 8onda. The third alternative is or a c ty to Issue s gn a atement revenue bonds and use the proceeds thereof to pay the compenaable costse (Art. 1, Section 5(d)) (d) Statutor Abatement of Taxess The final oethod is for a oweFity by thetowner efotheteitnxes, that would otherwise be of the Property RedevelopmentpUandan Taxi Abateme t rovisi Act (Article 1066f, Vernon's Texas Civil Statutes). For this purpose, the Act amends Article 1066f to allow a city to designats certain areas of the city as "reinvestment aonea", including areas that encompass signs or billboards, and abate the taxes in such areaso If this method is followed, a 6 ty must pay "reasonable interest" exceed penfive sable costs atd the abatement period may not yearse (Art. `1. Section 5(b), Article 41 4. Appeals from Determination o~! Com ensable Costs. Section 7 of the Act provi ea "For an appee o siriM Court" from a determination of the sign board as to the compeneable cost to be paid by a city. (Art. 1, Section 7) S. Excep_ti~ors from Paying Costa. The Act dons provide that c t~ ems neoa not pay compensation for a nonconforming sign which is re uired' to ba removed because of its being destroyed. (Art. 1, Section 8(b)] Of course, as stated in the Act a city may, in lieu of paying compensation for the required relocation, reconstruction or removal of nonconforming signs, exempt those signs from its regulationse (Art. 1, Section 5(h)) 4r a~Rr ~i x ti's a .~,a.:. W i~V 77, i sav ri i Debra orayovitch Pagge Four July 0, 1985 GULAATION OF SIGNS ALONG RURAL ROADS OUTSIDE THE CORPORATE LIMITS Article 2 of the Act provides' regulations, including permit procedures, sdacing, area and height requirements for signs located along rural state roads outside the corporate limits of cities. The State Department of Highways and Public Transportatiaa is responsible for enforcement and administration of such re;ulations. Article 3 of the Act also allows cities to extend its sign regulations within its extraterritorial jurisdiction as defined byy the Municipal Anneration Act (Article 910a, Vernon's 'texas Civil Statutes). However$ a city may allow the State to regulate signs in its extraterritorial jurisdiction by filing a written notice with the State, or presumably, by specifically not making its sign regulations applicable beyond its corporate limits. SUMMARY The Act, which becomes effective Septembor 1, 1985, obviously has a significant impact on those cities which did not have an ordinance providing for amortization of nonconforming signs on June 1 :985 and which thereafter, by ordinance, wish to require the refocation, removal or reconstruction of nonconforming signs. Not only would_ a city be rewuired to pay comppensable costa for such signs, but because of the detailed procedures that must be followed it would incur considerable administrative costs to comply wf.th the procedures required to be followed by the Act. ' IL I JDH:jc Attachment l Nv~ Arneriun Plannie "Associstian jvty l9$S t • i P N I Taking Alm at Sign Regulation T&x.Reform,s Iffect on cities Double Standard for Sillboerds APA PmVenle Roundtable .k 'x Ia L` lflf 'b 1' 'x "e w r 4A G P~ 777 777", t C 30 Mwdy Joy I910 Doubie Sta.no While focal sign SUNW& ate tutu well In the courts, the fe&rd bdllboud &w 4 lsngulsh:rv~q, A telling 10Opbold the provision thsi ltuowt virtual clear rutting Of bRlbasrd-obscuring vegetation. II! By Chsrles P, ~i ! Fbyd, AICP ,yaKl p F R~E WO R K S ao~s r~ 1 1 E J h -KrW lit J • r A • 1 1 { • -Ilk ~ NE. =Xl r w" kfel t • ^ l • Y ' r • .vf • - 4k t r• ~~1laaat}►~k ~ S eveid recent U.S. SupPreme Court de• cttions have upheld the right of local governmentatoprotect their COT.. nunities I from visual pollution. but, at the same time that aesthetic regulations have been winning the battle of the courts, blUbard regulations have been losing the war in many state tegislatwel and in the U.S. Congrw J, Ironically, the instrument of these defeats is the 20-year-old Highway Beautification Act, the legislation that was supposed to rid the nation's rural highways of billboard blISM. History During the early part of the century, courts often upheld sign control or. dinances on the ground that they protected health, safety, and moral!. Billboards, the courts said, were firetraps, could easily be blown over, and served to conceal 5m- moral acts' and criminals lying In wilt for their victims. In the 193:, the courts began to acknowledy/ Aestheacsaspartiaijustifica• don for PC'ive power regulation, and, l,a r the 1954 Cade of Berman to. Pinker, the U.S. ! Supreme Court officially decreed aesthetic considerations a proper subject for regula. M Wd oa,U ea►rpenreriae'/ai fvrioyf►~ 8tl oede~-ti p oWi •N of ob~okr lion. Wrote Justice Wi Wam Douglas, it is andal6ndone s+ Mx within the power of the legislature to f determine that the community should be cepisble application of police powers, The merow campaign dgns on utility poles and beautiful as well as healthy, spacious as remaining two justices concluded that a street signs within the public right-of-way, well so clean, well balanced ra well as total ban might be permissible If the com• but in violation of a city ordinance. carefully patrolled! munity demc^atraled an'overall commit. Citing Justlee William J. Breanan's con. t3raduagy, through the 1970s, nearly all ment to seathetic Improvement' cur opWon In the ltfetron►edfa Case, a the slate courts moved to a fuller accep• federal sWals court In Los Angeles had Lance o(aesthetics. But, at the same time, Vincent ruling declared the ordinance unconstitutional, the outdoor advertising industry began In- The extent to which ,ocal governments But the Supreme Court, by a vote of six to terjecting a new issue to clutter the can control signs without running afoul of three, disagreed, holding that a ;city could argurnint-free speech guarantees under free speech guarantees was much more justify a "content•neuteal" ban {one the First Amendment. clearly defined by the high court In lost unrelated to theslgn's"ding orpurpose I In 1972, San Diego enacted an ordinance yeses decision in Ory ()unit Y. Taxpo)en on certain types of signs, The yisual banning all off•preirlse advertising signs for Vincent. Vincent, a candidate for the assault presented by an accumulation of and requiring the removal of existing Los Angeles city coursed, had placed nu• signs posted on public property,' wrote billboards following an amortization period. The California supreme court later upheld the ordinance against the ehal• A towdV monopole J4nsle atom` a Howson freeway. lenges of the billboard Industry, but it was struck down by the U.S. Supreme Court In II the 1981 Metromcdlo, Inc. V, City of San Dfeao decision, on the basis that it regulated 'noncommercial speech' more severely than 'commercial speech.' (See News, September 1981.1 The Merrome.'Ia decision, which In. volved five separate opinions, was characterized by Justice William Rehnquist as 'a Tower of Babel, from which no r definitive principles can be clearly drawn' But clearly, the de`lslon was not a victory for the outdoor advertising Indus Seven of die nine justices sold that a total ban on commercial billboards represented an ac- 6 Ile' 23 valid reason tot invoking police power billboard componles from state and local controls, although a few states suit require regulations. Up to 320,ddo new biliboa.►de such regulations to be grounded in safety have been erected under loopholes in the and economic considerations. HBA arid, In J9g3 alone, three times as Second, sign ordinances must be drafted many new signs were put up as old ones carefully. The outdoor advertising :n= torn down. - 11 dustry Is very litigious, and the courts can Under the HBA, new billboards were to be very nitpicky. In particular, great care be allowed only In conunerclal and In. must be taken to keep the content of sign dustrial are". In practice', though, many restrictions neutral and to state clearly the communities-particularly rural counties purpose of the ordinarim. and small titles-have circumvented the A Marietta, Georgia, ordinance requir• act by toning long stretches of rural roods ing the removal of portable signs after a commerclel and Industrial, even where 7 certain number of days, was challenged the re Is ho reasonable expects don of such ry , . because of its (allure to die aesthetics as a uses. Some of these stripe, in fed, have no prfmaryobjective.Obviously,thecity hod access roads or'eccess only through been trying to skirt the aesthetics rationale, residential areas or public parks, and many slnce, µ the time the ordinance was ,'of the rezoning applications clearly state passed, the state supreme court still h10 that the purpose is to permit billboards. not recognized aesthetics, as a justifiattop One axtnty Pp', faxdW with has no zoo. for the use of the police pow instead, the ' 1» g at all except` for a 1,000-fxri strip of ordinance offers as its broad statement of conu iercially toned land on eltl'er slde of purpose: *1o safeguard life, public health, its two Interstate highways. This strip ton. property, and welt are." The court of ap• ing has been Pecepted as'comprehenelvd peals subsequently threw out the or. by the Federal Highway AdmOstratioq- dinance's safety argument because por• the agency chatged`with enforcing the table signs were permitted under certain HBA=-even through county off'cials freely cone glons. If the signs created a safety admit that its only ppurpose was to dreum• hazard, the court ruled, they should have vent the hlghwoy bea~ttifiavtioa law. been prohibited. It also noted that In fact, there are more and bigger aesthetics was a substantial government billboards on the rural highways of most justice John Paul Stevens, `constitutes a interest. stater thin there were 20 years ago. The Significant substantial evil Within the city's Third, it is clear that a community may, outdoor advertising industry has beta power to prohibit' Ir fact, completely prohibit billboards and moving to the monopole-type of Instills- 'In addressine, the free Meech Issue, portable signs. But, cgain, great cm.- must lion, which petmils ugna of over 100 feet Stevens noted the existence ot'arnplealter. be taken to keep these prohlbiliam tall and over 1,200 square feet in area. native modes of eommunicatixa'Further, content-neutral. There is no height limitation for new be said, 'utility poles have not been billboards in most states beautification recognized as a forum for communia• A law gone awry programs. tions.' Irons-aily, the greatest obstacle to clean. Where do these recent decisions leave a ing up billboard blight in many ccm• Cash to polluters community that Is conak=.ring thspassage munitles has been the federal govern. Trlditionally, communities have of a sign control ordinance? ment's highway bautificatton program, cleaned up billboard pollution by requir- FIlrst, the Court has made It cleat that Im• This year narks the twentle:a anniversary ing the removal or nonconforming signs provement of community appearance is a of the Highway Beautification Act IN BA), after a act period of time. Most courts have the law designed to 'remote existing upheld the grace period at adequate com• A 1t(jhxay nue+ar board of/o, an atrerrtanve billboard clutter from our rural roadsides pensatlt n for sign' owners, particularly and to prevent its futute spread. (The since they mlghl be able to move the of• beautificatlon act was described by the fending signs to other locations. Never- author in ''How the Billboard Industry theleas, bowing to Industry pressure, Con- Bests the Ikw," April 1975). gress approved an amendment to the HBA ' One needs only to travel our local that re3ulres ash oompensatioo for ail highways, however, to see that the ad his signs removed under the ad. This makes accomplished neither objective. In fat, a RDA the only federal pollution control report released by the General Accounting legislation that alloiys polluten to continue • Office in January (The OuldwAdvertisfnd polluting until the are paid to slop. Cantrt,.r front Needs To Be f ewsessed, The removal program has beta made OAMCOD-95-341 concluded that, even mots lneffeec*id by an HBA proA. deslAto an eitpendiiure of over $200 Mon that requires state and local govern- million, the program has been notably In. ments to ucqutre first those signs that are t affective. It iussetuaily protected and, I , voluntarll ofip red by their awams. Not some cases, even subsidized the sign hi.. surprisiegy, arr yy billboard cot i clostry It was meant to regulate, while have nra~s '~toUnload, e ' serving as a protective umbrella to shield signs. An August 1964 study by th 1 Office re' p % , r s ,Ka ri *x~'th~ gvtdoat adt'ertlsing intluNry; tj~ ,;a k Federal Hlghwry "AdminitNratlon Dina kaali~ed fief `tvtti~tg--cslled wegetatiort co tror by the billboard industry-.u , #allnaoce ~ct[vitY.'I his, r In spite of the • so that saver oourt decisions , have e!(ab>ished that billboard owners have no { inherent right to a clear view or their ` e product from the roadway. Not only has this poticy caused the destruction of hundreds of thousands of trees along the public right-of-way, but, ac. II cording to the DON recent study, It W given new life to thousands of noncon• V"+ forming billboards that otherwise would have been abandoned because they were 1440ured by vegetation. The :`?'D' study r strongly recommendai that FHA change Y" x Its policy, but, thus far, the agency his re- fused to do so. Solutions What ca o be done to rescue this 20•ycar• old program and enableit to meet its ob- jectives of cleaning up visual pollution along our primary highways? ir Or First, the FHA should enforce the pro. I visions and spirit of the HBA. TFds would ~y u' pAsom ootttrol law iAot boys pole Mrs to can.' include monitoring local zoning actions tQ eliminate phony zoning and resc[ndutg the polity that allows billboard owners to destroy the publies trees. i of the Inspector General of the Depart- quiremenl on loalgovernmenis, Thus, a a Congress needs to make changes in meet of Transportation IRerort on Nlghwcy community that wants to get rid of un• the beautification law Itself, Including, 11MM Lion Frogmen, R441-11-4-1 S81 ccn• sightly billboards can simply use its police foremost, the prohibition of any new cluded that this pol;::y also has done lit- pov:erstocleanuproodsthatorenot'pro. billboards. Enough is enough. Hawaii, tie to improve roadsi:w aesthetics. Further, tecte& by the Highway Beautification Act, Verewnt, and Mal ne, as well as hundreds the Federal Highway Administration but it must payash to get rid of clutter on of local communities. already have banned estimates the removal cost of ail current. those that are. Many would consider new commercial billboards. The fede•t ly nonconforming signs at b-tween 11.3 this a perversion of the Intent of the law. government needs to as well. and 111 billion. This means t>•.at, at the it Congress also should return the right current level of congressional appropria• "Vegetation control" to remove nonconforming billboards to bons, the billboard removal program What continues to rankle nv ny critics of state and local governments. If it atilt would ►.ake at least 2,000 years, the ad Is that it has been used to justify cut- wants to require cash compensation to A IWS amendment to the beautification ting down billboard -bloc king trees on the billboard polluters, then Congress should act also Imposed the cash compensation re- public right-of-way. Under pressure f rom follow the recommeWation of the national Coalition for Scenic Beauty, which sug- This lour story billboard in Nnee William County, Virginia, b within the county's size limits. gests creation of a billboard `superfund.' Such a fund would be finartad through the tmpost,lon of user fees on billboard i owners. The fee would then f+nance the $ removal of confo ming Agra. This would recognize the fact that billboard owners are the only dired ause&ofour no. lion's highways who pay no rood us-.f fees, i Charles F. Floyd, AfCF, a p dasor of real estate 1 at the Urdverstty is Get%?Is, Athens, lea prest- ' dent of the Coalition for Sce* beauty, which , pubdshes the binmthiy newsletter, Slpt 04. 'col Ne' , The toatkl,fn List 1511 x St., N.W.; Washington, fx 20003. ' j r r r ~~1 t e r a X .u d p A. }y I N h,r sit or is tr a sips t1w cty o(Gilta+ utd chess P A A C T I C E &4cfq fro`s crop a ices nt~htetab uvre detttirefjF$w latter.' e` r a dhSigns of Success firrtaboardr, sandwich boarA Now, here's a new gimmick, more. Earlier this year, the outdoor advertising as a poten• jumbo flags, barber poles, neon which some observers are owners of six, 1040otd411 tial traffic hazard. Proponents strips, GDldmArclres,Aber cptk predicting will be a billion. urethane frogs voluntarily of the law-which wissubse- screens, polidmi ploaards.... dollar hAustry by the 1990s- removed them from the roof of quently adopted by several All at one tinw or another have fiber optic billboards. The a DWU% nightclub, which had suburban communities-say come under the review of local 20' x 20' display screens that gone out of business. The fns that the For Sale and Sold planners pressed by elute grout's, have begun to pop up in some were the subject of debate I Lo signs fright, .ned residents in merchants associations, and WedCoestcities allow moving year when the Ctty'a sign con' racially changing nelghUm. citizens concerned about threats objects to be projected. trol board 'ruled that they hoods Into selling their houses to aesthetics and publk welfare. Messages can be changed daily, violated a city ordinance for lea than market value. I his monthy AVwd cg Practice Stay tuned. rebating to rooftop signs. The The world's largest 15W is features a nationwide roundup of A new sure ey reports that club maintained that the frogs, still looking for a home. A pro s i g n n e w s , along with several c a s e over half of the billboard In. which were depicted as playing posal to erect a 1,004foot-long, studies of places that have had dustry's revenue in 1983 came insbuments and dancing, were eight-foot-tall, concrete block success with some sort of sign from advertisements for tobac- er! objects and not subject to 'roonumenr along Interstate 5, regulation, It concludes with oo 137 percent) and alcotofic tbA four-foot-tall rooftop sign about 35 miles south of Eugene, some recommendations from a beverages (15 percent). rule. After several hearings. Oregon, has been withdrawn consultant who specializes in sign In the wake of last year's U.S. the city said it would allow the after several months of heir. regulations. Supreme Court's Yncent ruling frogs to remain, provided the ings before the 1)ar,gW coun. (see 'f)o'.yk Standard,' page owners corrected some code ty pkw"g commission and Sign Gazette 201, several cities and towns deficiencies regarding orchor- board of commissioners. The ` have adopted laws regulating ing, efecttleal wiring, and monuryent (the oromoters' A couple of yearsago (News, political campaign signs. placement. Shorty the~wfter, terns), which would have October 1982l, we reported aulations ban the club closed its doors. spelled out 'United States of gr k popularity Poo signs fro'Pulic the second time In a to America--in God We Trust, thta In1la signs property, Others limit the year For s, Chicago's ban on For was tare idea of U.& dtirens that enabl*d busislesses to put length of tiros the signs can Sale signs in residential Building for the Pulure, Inc.; a theft "messitge above the rmnaln an private neighborhoods hasbeen stnuk gugene-based a It was to . cluticr," in the words of g generally tress 60 ore down by logl courts. The have been pose for= the Colilornfa manufaefum. That an election to 10 days after. ban was part of n 1983 traffic. 'hle" (for $97 each) of In. 14% mew to have started. D *Ws dowisig frog we no c,rdinadoe ptohltAtiq certain dividual bi^AL All t I r 1 . b. r,,f~f;~,~ d.yl 4h o v 8 1 c , h` ~ ~ C ~ ~ rti:;~ 7 2 i,} t ~y .aQ d o'4» ~ ~ nP ~ r s~y.r ~+~~.r x A. , s't4•(" , t ~ ~ ice; ~(~9~. h,. n, ~ , P f~ AN 111 I ~ Gt . ;P ~ A► 'C T Y C UottWalees Five- Foot Height Ltrinit The structure was defined as pang officials also say the new Because the flags are often Scottsdale, Arline, is a a sign by the county planning sign costs a third less than the viewed as signs of patriotism, growing Sun Belt city ;ptp. commission, says planner old one-a roadside emblem most communities have 115,000) In the heart of the Frank Nielson, because it could since the errly 1950s-and will avoided controlling their size. Phoenix metropolitan area. Its be seen from the freeway, cost half as much to maintain. However, a few places have at- desert scenery and warm althcwgh the major land-use Giant flags continue to tempted to regulate the height climate' give it a strong issue was the access problem sprout along commercial strips, of the flagpoles, using as a tourism, or 'hospitality k In- that would have been created usually around service stations measure the size of the accom• dustry that, In turn, relies on by visitors. After several bear- and truck stops, it seems. panying building-as on- the city's image as a clean, ings on a conditional-use per- premise signs are regulated. healthy, and well-designed mit, the promoters withdrew Two years ago lNews, Match plate. their request. Nielsen says they 1983), we reported that a gas In the mid-19fi0s, there was now are looking for another station owner in the Chicago widespread conc in that the locaion with more flexible r;;; t+ suburb of Bloomingdale had city's unique character was land-use laws. }t been ordered by village of- being threatened by a growing Speaking of large signs, Holi- ' 1o ficials to take down his 60-foot clutter c; sign) and billboards. day Inns, Inc', hopes to replace t flagpole because it Volatcd a A sign ordinance, drafted with all of its f smiliar green, yellow, ei village law. The owner subse• great deal of citizen Input, art! orange neon "great signs" quently sued, but later he was adopted by the city coun• by the end of this year. The agreed In an out-ofcourt settle. cil in 1969. Its basic theme was firm says it is changing to a ment to replace the flagpole that signs should provide infor- ti simpler, rectangular, green and and its 20'x30' flag with two mation, but not compete as white design to 'project a more smaller ones. advertisements. Architecture contemporary Image! Com ~ James Peters, Planning and landscaping were to be the dominant slreetscape elements, A recent <upreme Court decision upheld a La Angeles ban on campaign signs a, public property not signs. (above!. And in downtown Chicago, several lawsuits have ken filed in an attempt to remove is The code requires sign per- billboards from the downtown elevated transit v;ructu►e. mUs, gee„led in a formal review process. Review owl criteria include location, color, " ► lettering style, proportion, it. lumination, number of signs, ^ f and appropriateness of design, 41 Th t most unusual feature, by far, of the Scottsdale sign :ode Is that it imposes an absolute Country. I five-foot height limit on all l I free-standing signs. ~8f'1 All multi-tenant develop- ments are required to develop a master sign program, which Is then reviewed by the city's development review board. This master sign program leis ttusines i owners know exactly %hat signs will be permitted, ary3 also helps ensure that the I- s elinage Is integrated into Ihr ' project's planning and design. In Scottsdale, unlike some 1 y+iS i other places (set "What Makes Q a Good Code,' page 30j, only one freestanding sign Is per. e mltted for each multi-tenant , ;.w N I complex. . r 'My Owf r.P "1' L A N N I 'N G P A C -'T` I C E Dallas's Portable Sign Regulations Most cit'shave taken an sit. every-20-seconds frequency. or-nothing approach to the Ali signs must be securely an. regulation of portable signs- chored to prevent wind dam- smirsdale;O sljn ordinance limits he4hr to five feet. Before the 'those trailer-mounted mar- age, and they are not permitted code itefel and after. queer-f4en parked in shopping on the public right-of-way. center parking lots. Either they Enforcement of the portable ban t} signs outright, or they sign regulations has been disap• take an anything-goes attitude. pointing so far. Enforcement • -.a`~-~'-- Like many pieces, D11113, was delayed for to years. the Texas, faced a regulatory amortisstion period In the climate that lade a total ban gene•alsign ordirrance,andre on portable signs impossible. ii t 4rj i. ; . cent Instead, the ca developed by staff cuts have been the a roach that regulates regulations por. portable si have table signs, but steps short of riot been challenged by the In , prohibiting thew. d city's g and most observers(eel - Th< portable sin certain that the would, if en- regulations, approved in 1973 forced, eliminate virtually All of The sign program has been scitutional by a state court. as part of a comprehensive sign the existing portable signs. considerablystream€ined since Enforcement remains a con- ordinance, specify that portable For more information, its inception, What was cern. There Isn't enough man- signs must meet the require- contact Ray Couta Depart- originally a four-step ap• power to keep up with all the il- ments for 'special purpose ment of Planning and Develop- proval process has been re- legal signs In the city's 180 signs,'w'rachArepermitted on merit SC SouthCit}lia@,1500 duced to just one step. A square miles. A w, as the or• a site to only 30 days a year. ='s St., bailas, TX 75201; design professional now is dinance has evolved, some in- Stons that ore Illuminated or 214-670-4698. sotey responsible for the consistencies have surfaced, over 20 square feet in size must Gordon MWn review, although applicants and the city hopes to hire aeon. apply far special city permits. may appeal a decision to the sultant soon to do an overhaul. Moving patterns of lights are 'ev don D' is la il'rnanagemee Assistant city's development review Nonetheless, anyone who not permitted, and flashing 10~1'ritymanagfaoffice. board. In recent years, though, visits Soot Mate would have to lights are restricted to a once- fewer than to appeals have agree the; the ordinance is a been made annually (of some success. The streetscape is 600 applications filed). dominated by good architec• despite this success, ture and landscaping, not by however, the ordinance was signs, and the views of sur- not always well accepted. rounding mountal.is remain Initially, many merchants and unblocked. Even without an billboard companies voiced smortizition program, fewer <-~y strong opposition, but in a 1973 than 1J off-site billboards re- advisory election, the sign or- main in the city. Before the or. dinanee was supported by an dinance, there were more than i 114o-one mandate. 100. And it is estimated that 90 A city program instituted in percent of all the signs in the V 1975 did not fare as well. It city are in compliance with the r r , ,"E called for the amortization of ordinance, nonconforming signs over a For more Information, five-year perks, after which a)ntact Bob Sullivan at tl,t F the signs were to be con- Project Review Department, demned by the city. There was 3939 Civic Center Plaza, Scotts, good cooperation at first by dale, AZ $5251; 602-994-7063, owners of nonconforming 'J~!rryfones signs, But after A few months, Imes is an associate planner with the program wa si contested by tie Community planning depart- Mast cirkr e;n>tei rink' o►tabtanrru oubtjltror`rase an a group of billbard companies. Bent, city of 5cottsode, anythtnj fors aterrdr. and, in 1970,d:tlared uncon 71, y'.~"9 ,y nA I.. ,vr MT ~ V Ants Arbor's Seattle's Local 20=Yea-.Old Option Districts Ordinance Usually, milnicipa) sign district to district, Some ArmArborsfirst comprelien- quired a setback of at least two regulations apply uniformly to districts might want to waive sive sign ordinance, adopted in feet for each square foot o1 all areas that have the same only a few regulations--the 196`+, was partly inspired by a billboard area. This rule zoning classification. In- city's existing prohibition of 'slgr wise onadeveloping oom- ~,-ndlered all of the city's 96 dividualixed sign rtgu4bow flashing signs, for instance--in meicial strip, h new, 800• billboards nonconforming. Not generally apply only in anus order to maintain a certain sgesre-foot billboard was surprisingly, the owner of a that qualify as special review character. On the other hand, completely obscuring the billboard company was the first districts-where special con- some areas might want to street vi:w of several retail to file s suit challenging the trols would enhance a distrit's establish regulations that pro- businesses, and a new pole Agn ordinance. urtkiue historic or architectural vide tighter controls than under was blocking the wall sign of an In the various court pro- character. A Seattle, there are the current zoning code. adjacent competitor. After a ceedings that followed, the or- five such review districts.) Adoption of {oval sign regula• tun%ber of cornrnittet and soil- dsance first was ru1eoil v* But what about a commercial tions would follow the usual sultint reports, the sign or. then invalid, and then valid e* area that fails short of qualify. procedures for zoning amend. dinunce became law, And, cept for its amortization rules Ing as a special review districtl ments. Amendments would within two months, it also Pinaliy, In 1,04 dat Mu-bive Are sttusdtrd sign regulations apply only to signs within the beca me the subject of four dif• supreme court ruled rust' *0 the only alternative? Seattle's designated commercial area. ferent lawsuits on behalf of regulations constitute,' tm answer to this question is the To make sure that the regula. morn than 20rt sign owners, unauthorized ream w t At local-option sign !+strlct-a tions reflected a local consen- Tht ordinance contained a boards. It remanded the stag policy proposed last September sus, the review process would compltx network of regula- fur a r3ew s. et it, ri. t►twitsw rs part of a larger package of include public hearings and for- tions hued on the type of sign whether the t°r+rarr dtiodb4 i; land-use policies for the city's mal notification are business (pole, wall, roof, etc.) and the was, in fact, unreasoin A4 neighborhoo,i commercial operators, property owners, arming dis'cio it was touted in At tats Ont Ncr __r , kj* areas, but not let part of the and residents. Nonconforming signs were to staff dtt.Kko t.,, +)i- v city's zoning code. If approved by the rid, coun• be removed in periods ranging e,.nance, siml it Ma # The local option district cii, the regulations could go into from 90 days to 10 years, spaiat tbw oat time preserving tht would work this way: At the re- effect as early as next spring. depending on the sign type. original intent re*.ll Ilse quest of a local commercial For more Information, Or the seve•a) regulations scale of signs in relabot+ to f area, the planning department contact the author at 200 regardisil N,Ihr~. the most buildirsl j would establish specific sign Municipal Building, Seattle, significant was xX owl rr Tlw e< vised «sn" a f- 4$ `1] regulations, These controls WA 98104; 206-625-4591. each business two Pa #Alm could be more or less restrictive Diane Suaimura 4 4 r„ of sign area for each toot of j than it"ng regulations. They ronrroh it fit the rre. f4 t- .otapr This ratio ap- would apply only to on- Sugimura is a planner with Seattle's whrther p if's a shc,j art Ices 10 any t)'P tv I of premise business signs Land Use and Transportation Ilon i or a atghf Ve signs, althYtt$h it does create Tlse special regu!atiuns sn,.,~ iisin:entives for two- rkle st$m- i. %,;uld cover the format and „d 1 materials of the signs, as we)] as The nurrttxi vi sign, , `feo size and number. In some tively limited by a 'message cases, they might call for 7.k • unit' rule. A message unit is a smaller, unified signs geared to word, symbol, or number over the pedestrian. Or, at the other four inches in height, and end of the spectrum, they I.'usinesses are limited to 10 might encourage larger, bright Is„"'"a'r > message units, although two- ly lit signs for auto-oriented um+premiumsareaws iedfor areas. They would not include all si,ins under IS feet high, design standards-colors, for s Tht ordinance also place a instace-that would requirt' cap of 30 on' the number of dirscretionary review by the t bil1boar,is allowed throughout eityi sign Inspectors, the city. Each billboard !s The breadth of the special limited torn area of 350 square resulatiomi would vary from feet, and 'Wh mint be a certain f 5, 1 ~ t w "T s,tk~ =7. nY ..ai . P L A N N I N CY P R C I C E Fighting To Save Historic Signs Landmark signs have Ivan exnrprrd fnvm ordinances in some cities. distance from parks, rr4-i kndal Too often, an unfortunate items, and streets. victim of astric:sign ordinance The only portion of the re is the older sign with artistic or vis%:d ordinance that was tu.toelcmerit-for Instance, an deleted by the city council was ornate neon sign, a prtnted wail a five-year amortization re- mural for a landmark business, quirement for all n utconform- or even a s%w iving barber pole. Ing signs. The i evised or, Aware of this problem, several dinance took effect in 1975, cities have taken stept to When we returned to court preserve some of their unusual with the revamped law, sU the signs. plaintiffs but one, the billboard In 1976, Manhattan, Kansas, owner, draped their claims. approved an ordinance that Soon after, the billboard owner banned from the downtown all } filed a suit challenging the projecting signs of over four ] validity of the new ordinance, square feet In area. The city f but a trial mutt held that it was also A a five-year deadline for reasonable, valid, and en removal of some 90 noncon. t forceable, and there was no forming projecting signs. subsequent appeal. However, some of the staff Much of what was Intended members of an NEA-spon- to result from the amortization Wired program working on im- policy leas been accomplished proving the city's downtown by changes in land t+ses, streetscape felt that certain of business ownership, and the projecting signs merited 150 notable signs, including intended as a temporary, not a business styles. The last mov- preservation. Following a painted 'ghost signs' on the permanent. object. The owner Ing oc flashing l'spectacularl detailed survey, the city's brick walls of local businesses. svbsequmtlyagreed tosave the signs duappeared fiv: years historic review board recom- "Our goal was to broaden the sign, and to light it, for at least ago. And even businesses that mended that seven signs be ex• community's historic aware- three years. havo remained at the s?+me empt from the new ordinance , ness-to give It the idea that In Dallas, certain landmark location have come inio 4 um- including signs for a landmark each decade has something signs are exempt from the dty's pliance after determining that cafe, a Rexall drugstore, a Sears worth preserving," says ban on rooftop aigns, provided their signs were outdated or outlet, and a Masonic temple. Maureen Gustafson, a local they meet criteria related to age f unattractive compared to the Those s-3ris had a character preservationist who roar- lover 15 }earsi, visibility (at ' newer, smaller ones. you would have hated to lose,' dinsted the survey. A small last half a mile}, uniqueness, The 96 billboards also began says Karen Daily, the city's booklet, Sign Up, was pub- and 'extraordinary significance 1 todisa Vm,andwearenowat redevelopment officer.'Sowe lishedanddistributed tocity of- to the city." The city has the official maximum of 30. simply gave their owners a ficiaIs and community groups. designated 14 such signs, in- For more Informatlon, chance to leave them up.' She However, no formal local cluding a 30' x 40' red flying contact the author at the City says that some owners of non- designation or protection pro- horse atop a downtown office Attorney's Office, 100 N. Fifth exempt signs complained, but cess has been set up. buildrng. The sign, which has Ave., Ann 'Arbor, M1 48101.1; that most have since oomplied Elsewhere, several cities become a familiar city symbol, 313-994-2670. by removing their noncontorm- have tried to preserve signs that was ergFted by an earlier R. Sn" Letk law ing signs. Unfortunately, two are conskiered urban icons. A tenant, Magnolia Petroleum taaa, owners of historic signs also few years ago. Bosten con- )now Mobil). Recognition does Laidlaw, an Ann Arbor, have;emoved theirs, she says, sidered landmark deslgnation not prevent an owner from tak. city attorney, has been n M involved w In favor of more modern ones. for a 6o-square-foot neon Ing a sign down, notbs Dallas with the eaten whendga e,r ordinance; td si the te In Rockford, 1969, Illinois a sign CI'f'C,O sign In Kw-we SgAM, planner Leif Sandberg, 'but it olaw, survey conducted by on Intern after, its owner snnou raced d vs keep us (the dtyl from un• with the National 'Crust for plans to d;smandd it, The Wad- wittingly doing out a ves out of Historic Preservation several marks commission demurred, popular signs." summers ago identified some noting that the sigh had been James Peres, Pfanninj ,Y, iyy nnGn k~~',fi n p v"~ t k as ~ it" '4~p, , __r~m~ 1) ~ Z F { ~~V~.:. ? ai, ~9~ ~ ~ ~ h y,^SS C+~y `'+5 Y \ A~1+~ ~ 'r F 1 A Y S ~ ) I F S S J F I Y IV~~. ~S Y A P. 1~ 4 I V Y F s 1 S ry { 4 .J v . , A ~ t .P L A I~ N I . ~ N ~ P R A C T Y C E What Makes d Goo Code? As a consultant specializing tractive wall signs if you permit several entrances, each leading certain that the ordinance Is en- in sign regulation, it has businesses to total up thesu,:of to a different department? An (orceable and that it contains become apparent to me over individual letters when figuring overall size regulation might be adequate toots for enforce- the yeas that a good sign or- area. It's also wise to excludear- enough to handle the problem, meat. If it can't or wont be en- dinance works well for chitectural embellishments and with each business allowed to forced, don't pass it. Avol; everyone--the business com• design features in your definl- determine how it will use Its amortization if at all "ible.I ) munity, the sign Industry, and lion of sign area and to permit permitted area. have yet to see a city ,ctu&Uy the city. the landscaping requirement to Shopping centers and multi- follow through with the en. The best ordinances are writ- be fulfilled in a variety of ways. ple business complexes are forcemeat of amortization pro- ten in a spirit of cooperation Allowing masonry, brick, or specific areas of concern. What visions; And it Is difficult and shared knowledge. When wood, for instance, may en- does a new business do, for ex- politically to take on an entire l codes are too narrow or fail to consider certain needs, they tend to be ignored by the very people they were Intended to regulate. in fact, the most com- mon problem In sign regulation 1,'"°►""~,,, A graphics program Is an ordinance that Is too Miwoftmw eeMW ewhNimW IMO" prepared for the Lqs restrictive in its approach to Angeles community allowable on-premise signage, redevetopdart agency and too loosely written to en- Calls for r• series nr force against portable and banners to reworce the trailer signs. a vie,h,~ ~,y 4 identity of a shopping A good ordnance is careful to 6 u'« sw0, district. dente exactly what it is trying to accomplish. Is clutter the problem? Are signs too close to I the StreetI Are there too many courage a Lusiness to opt for a ample, when an ordinance business community all at of them? Are free-strnd'ing monument or ground sign specifes total sigh area for a once. If the grandfather clause signs the issue? Portable signs? rather than a pole sign. complex, and the maximum of the ordinance is properly j A',.-., you ve identified the It is difficult to say exactly already has been reached? The written, attrition will take care i problems, you can write a code what the maximum size of a solution Is to base u e area of of tlu unwanted signs, Remem- that accomplishes your pur• sign should be. I prefer to deter- free-standing signs on Street ber, though, that an overly pose, If, for example, you want mine the size of free-standing frontage, but to allow each restrictive ordinance often to see signs set back from the signs according to the street business an Individual sign forces businesses to keep old street as much as possible, frontage of the property, 't'hus, based on its frontage. Also, signs, because new ones might write the code to encourage aWo-square-foot sign would be k r"p in mind that complexes be considered inadequate that. One way is to offer size too large for a property that is with over 300 feet of frontage under tt.e new ordinance. and height bonuses for each only 50 feet wide, and a generally need an additional Finally, if you are undertak• foot of sign setback. If, on the 50-square-foot sign would be free-standing sign. ing major omendments or other hand, you want to see inadequate for a car dealership f often include a separate rewriting your sign ordinance, more wall signs, rather than that fills an entire city block. A design provision in ordinances. keep in mind that the very peo- free-standing signs, consider workable approach Is to say This section allows the city to ple who will be governed by removing all limitations on will that free-standing signs may oc- give special misideration to tnc ordinance could be your signs, Lacey, Washingtun, cupy two square feet per lineal signs that don't meet all th! mast valuable resource for passed such an ordinance about loot of street frontage, up to a criteria of the ordinance but code language After all, who three years age and, a,% a result, set maximum, and with a that fit into the overall design. knows better than the industry is seeing more of the kind of minimum,nf 60, square feet, Obviously, this typeo(arrange• how the code will affect the signs It prefers, regardless of street frontage, meet needs to be tightly con- business communit}f The way you define certain It Is also dfficait to regulate trolled and limited, in its sp- CeNa Anderson _ wor& vin also help you get the the total number of signs, par- placation, ilbuf it is a valuable Andkrson ~I s for Public Affairs types of signs you want. for In ticularly whe n it ewes to wig tool for'encouraging'good Associates, it Seattle conyutttng stance, your definition of 'sign signs. What do you do, (or In. design, firm. area' might encourage more at- stance, when a store has perhaps moat important, be r WrV', .I. Debi' 060 Drayovltcb, City AttoMOV Joe loo Norris, assistant CityAttornfy Robert a* Mwter Assistant City Attorney TO: Charlie Watkinv, Solid Waste FROM: Debra A. Drayovitch, City Attorney DATE; June 11, 198$ SUBJECT: House Bill 1330 Attached please find a copy of the House $iil 1930. We have just received it and upon our review, will forward a detailed analysis. However, as we knew you were interested, we are forwarding a copy. If you have any questions, please advise. LAI, J DEBRA A. DAD:jc Attachment Cap" Iare[1'i! 3 adwretea or tafirti 31.11. lie. 03" . 2 Mow 4111 IM p (J) "OP-pruloa alto' meant i lrustaMfnp data 46, ratifying Or "rotor. et ai J or advertising a wsseass, "roofs, as octivlty, sad installed es! 1 maintained so the sems psaalys se the lrsalaeu, Was*. or 1 AN AM I activity. 1 relating to state and local regulation me outdoes mane. ` (1) *0U a, :mire tfsnr means ■ sign displaying advertising 1 bt It ENACTS& IT TIER UCISLAMS Of TDE STATE of TEXAS. 7 copy that ,tyuseo to a business, goes, ettutaation, ac' lvtty, [ wont. .0, alrvire, er product net prlsslpally locatod or S St"1011 t. UGI5EAftyZ INTg4. (a) This article to no: f primart" a +aetured or sold at the proslras q which the alga 1s 1 laterded to require a wniclgUly to provide for the relocation, 10 located. 7 reconstruction, or removal of tiny $two is the wniclpollky, nor is al 141 '1Rnlefpa311y1 means an Incorporated ally, town, at t it Intended to prohibit a municipality from requiring the i ! villa". nclvdlM t home-tale city. t relocation, reconstruction, or removal of any sign: this strict. IJ tCG'I ION 7. IEMICI7AL tOAID. (1) If a municipality requires 10 to handed arty to•autherlaa a municipality to take that action 1e the relocetlM, sae ontstwcttab. ' removal of s alga vi this Its 11 and to 46t8411sh the procedure by Which the municipality may de to. - 15 corporate llsltt At eatratsariFSslal )deal edict Sea, the 'prdetdl raK- 11 161 This Atticto is het fateaded to require a mualcipollty Si etflt11 f the governing lrNy rf the muelcty,ilty shell slipolnf s I) to wake a cash payment to compensate the a,, I or a slim that the it wnlelpd boaN am Alan awtr►l. The board swat N semgaad e[ the It aualcipellty squires to be tolocated, tecoeakrueted, or removed. I$ fotlertM q reeaas 15 Cosh payment is established as M*r see ON Several mathris from 31 (1) We persesa Who wit N rut deists eppralaeer 11 ritlcb a muslcdpa3{ey say choose in compensating the closer of a 10 registered vlU the Witt, of Rdel [state Apprabas or the it sign. 11 Aawricut inotltute at Idea Estate Apprelsersi (e) This Article so not fmalded to afloat any tmineat f1 (1) eaa perso4 who wet no entoied Is the a(t11 business to to domain proceeding to Which the taklnl of a sign is only an 13 the wnlclgllky) 10 lncidsetel pert of the uerelee of the oo.nent domain gytr. 11 e (J) sae greea the must he on ariges of the Agate 21 SECTION 1. Oaf1143TIC015. to this artictu 15 Mgrsont of tl shwyt and }ub{ta tranaperatf es and must be 11 (a) align' manna to outdoor atrurlvte, sign, display, light is familiar with coal Hate vs Wetlena In em sea n! doaalm preceadlntsr 13 6Wiq. !flora. Painting, drwing, auaage, ple•p•e, gala[. 31 and N billboard, or a -.+r thing that is dealgnrd, intended, at used to 1 , l ( a Ne. use !d► area petaaa via. lust be '.ed architect ore landscape I oeytuanq V96 16 (arledUg Incesldbod tit) at tbe'Aw location. t architect litensod by ti-to state. - - t W emaer 10 lesponolbte far designating an altero,tivo Olte vhdro a (b) A suabor at the board IS ypolated'gor a torn of the f the or action of the alts you 10 Zw N coaptisnta rfy ahoy elan / yearn. c ordinance. vMtMc as el4rmatlvo site. it as oubotsatlsily ! (c) The beard has Ue povere and duties given to it by this f aqulrh1e4t Volvo It doterelAed bp t otandarde p Naerelly accepted tag s article. - e the wtdoot edvort{sief ladustry, loctudl H rtel►tktty,.traffic 7 SEM1001 1. ASLOCATION, aLCOMaaaiK7t0M, ON ataovAL Of 7 tr+vsk, std deaegtephle factors. ! SIGN COODWA7f0N Of Oita, (e) Subject to the roqulremat■ at S (d) for a sign that to required to be reemotruated, f thJa artitU, a municipality per require the relocation, t tamponesblt costa sh'tude axpennot'at labor and astartsls !At any 10 reconstruction, or removal of any sign within Its corporate limits 10 less !a the value at the at" l4 faces$ of lS portent of that v114e It of extraterritorial jurladletien. 11 due to the neonstsuctiee, determined by the beard according to 1t. lb) the emir of a sign that to requited to be telecsted, is standards eppttcabli in a pro:eeding under Chapter 11, property is reconstructed, or removed Im oetitled to be Compensated by the ':S code, 11 mualcipellty U provided be title sectica for tests associated with 14 ' (alit) ►ot a etf•presW etgn that U requlrW to 15 the relocatfaa, reconstruction, at removal. The munitipal beerd oa IS Removed, on cempeasable teat is an /oeuAt Computed by determining Is sign control shall determine wader this eottlen 0..0 Soouat or the Se the ltetage anunual grail revenue recelred by the a-, r from logo 17 teyaiatlom. SM determination Asit be made after the omnot of 17 sign during rho two years lauedistely preceding ae IAAr 1, 116f, 11 the sips is given the oppertunitty for ■ hearlag betoro the beard a or the tva years lwdlitely preceding the ninth 14 dick the It about the Issues involved In kits Ratter, 11 rswool date of the Olga occwte, rhtcbever to lore, and by so (e) yon s site that is requited to be relscatod, tem"agabte a0 Rultiplirt" that amount by throe, it the sign his net boom In at coats lfetude the sxptASes of dlenabtling the sign, tranoporting It 11 exlat*Wd for 1611 et either tvo-yur pitied, the average saual is to another alts, 1644 tear ctif/ It, determined be the board as It" s ttvsAus'tdr that ported, for oho purpose of this eesputatian, 21 according to the standards applicable in a proceeding under chapter l1 to Sa amount e aeputed by dtY.dl ag if by the number of oeaya elect 24 a3, jroporty Code, la 164dlttsa, the munlclpslity shall issue to 34 the alga has both in aLte4N, sad ss,.tlplylbg that result by the of the weer a appropriate permit of other eayerity to apatite at an of total mmouat at the grats revenue total»ed for the pried that tM is alternative We of subdtutially equivalent Volvo a substitute !s sit" has been 1A sristones. Ifowever. It the sign did w.t generate 11 sign of the $us type and compensate the evaer for ay Increased 27 reveaae tot at lint ae month roce l N September i. Igsf, this a 4 r r A IF NNW" 113. NO, 1110 R.D. Ib. 1110 I co"UtleA Of cempoAnnEle cedte to to too iade daisy early the 1 property is Which t►s alp is attached. 1 averifa annual gross revenue rocoived dutlot' 1,.1 ive years 1 st"low S. MTWD"Convy" ATIOn. (a) 1a order to pay the I tamedlstoty. procading tpa Month AS-Vhleh the raaoval date of the ! to.geaa►le testa revised wrier retttos 4 it ukio article, the 4 sign eccwre,.. and by Multiplying that soounk by throe. la 4 "Vdmlmg body if say bumicipatity Is outh ritN to utl kilo only D det4ndmlAj the mounts under this paragraph, a sign Is tro&iod as s the lollovfnp Methods ytaieribd by this dectios, or a cowbiastios s It it Vera It, existence for the datlra month it it Was to existence t of theme "floods. . 7 for more than 1t days of the mouth and to trated a It It Vero not 7 (b) The watrtpslity, acting purauast to the Preparty • is existence for any Fitt of the osntb if it Wu In 4elitence for s Iadevelopaeat and Tai Abatement Act (Article 1044f. Vernon-$ Tau I is at laws days of the month. 1 Civil ftetvtaa), may abate buniclpal property taxes that etMniss 10 (r) For an em-premise alto that Is t64uired to be removed, to Would be owe by the owner Of e sip that It required to ha 11 the com"aaabte cast In an asount coaputdd by determining a 11 talecetod at rocommtructed. The abated taxes may be on any rest 31 reasonable balance 'betwon the original coat of the sign, less 11 personal property pored by the met of the sign arapt residential 11 depreciation, and the current replauunt east of the sign, less to 11 property, The right to the abatoaaat of tons$ 11 aulgnable by +.r 14 64)ustoeht lot the present age ad condition of the alga. it holder, and the medlemee m(my lose the rlvht to abatement. with is (f) It on off-pruiee Olga Is r"Irad to be romov4d and the 11 'r.aipset to tun on SAY nonraideotlal Property in the some taking ' Is aiem ewnsr,s Compenusls Cat for the alga to to be determined is loriedittion. It any aeeletpallty Mars tax sbetaast is utilised 17 under dubsatttas (e)(1) of ibis section, the order at the real 17 so Order to pay compenaablo Coate, such tests shall Seclude is properly, ea which the Stem ran locAted Is entitled to be 1s reasonable Interest Sad Such Watemant period ahatl not axeaed five It eespaaagd for any ddereees Is the VslVS of The rill property. It Vast$. 10 the Compeaeable test is to be determined by the board etCotding to 10 (e) Us umaiclpaiity bey allocate all or any part of the 21 standards applicable in s procesdiag under Chapter it, Pr"tty 11 MunlclFal Irspetty taxes paid es algae, ea the tool property atom 11 Ce44. 11 which the •IVA$ are located, or om other coal or persoal property O3 (9) for each bancontsrming alga, the board sball file With 11 awned by V* event of the alga is ■ "Ohl fund In the WAASCipal 14 the a appropriate Property- Us appraisal office the board's 14 treasury, to be known so- the sign abstewnt ard Community At COMpen■able Costs value appraledl of !ha alga. The appraisal it beavtlflcsaiea fund, and its paybents from that fund to raimbWta 16 efflte $hall COweidir eta board's appraisal when the offiee, for 16 eaepexeabld Coate to Owners of Signs ragulyd to be relocated, 17 property tilt purpose, determined the appraised value of the real 17 reconstructed, at raovd. I ` L_ s, y N. b. No. 1110 BJ. Ne. 1110 i lot T'na aamlCipalltY say provide tar the Issuance of sloe 1 under this ar:tion instead of uMyr 8ectdon t ('this ertl.lo. 3 abotament avenue bonds and use one proceeds to. Saba p4ym6nt6 to = lb) no sunlripal board an Sign tastral Mall CAFIle a list I reimburse casts to the owners of $$faa re"'ired to be relocated, 3 at the 01,108 that, on Saptoober 10 If$1, ere not in cegllante with ` } teteastructed, or rsbeved. The bunltlpslity Moor easy use the g the at$n ordinance. tie Mare 0411 Compltq the list Deface 1 pre-coeds free such bends tot the rtmeual, relocation, or f Deeembee 1, lg8f. e 6 reeenatruttisa e/ alms within the ronporata hells of such 6 (o) eetato December H. 1088, the board "I baao .eels e 1 mtiatclpallty, 1 outlast effort to mall a written .,atlas to the w"t of eseh mile ! (a) no aunlalpality'oar psi coopengable Coate to cash. B oa the list. the notice root be seat through the Wt60 ftates f (f) IS any preoeedlaq I% which th, rds"Atblanesc el g pastel Service by tortillN or ragistered bail with rature reeelpt 10 Coapaasatl,y to at issue god 144 cae fislttee is to ►e provided •0 rsqueatod. no notice Dust state that the sign to ON the Ojai of 11 ever a period. lenyot WA ono yesr, the evert shall s:Aaldar 11 slime that are net to eogllenco with the sign erdimncs, wet 11 whether the dwret4ft et the passed is rueona -It under the 11 dascrlbo the al"in ►'y general tMe ad by location. Sad must 13 eucusatsncos, 11 daecsibe the action tat 1o required of the owner under 8ubasetl6a 11 (g) If eppltcsttes at o nunscipst isgulatlem would require It (d) of this Battles. to slWt the ldentlfitaties of in eweir of a Is reconstruction of a rigs IS + aaMet that Would Malt It 16atfsetlva 3% alto ea '.he list at the add•►ss of IV ovnal cannot be dateta" 10 far Its Intended p-irpeas, such as by sabstaatlaity. impsiring the 16 by the beard after the beard has aide t dtligabt effort to d► 6t, 17 oleo' visibility. AxIltellea ad th4 reguletlos to touted as the 1f W beard, been be<S.Der is, 3883, shill twee a "tied to be 17 required tMoval of the silo for purposes 6f this article, IS published in a r-yepaper of literal eirtulbtlos to the to (hl la 11611 of payteg to penastlsa, a city may eBanpt free it Municipality. The aws""I MtW must eeotale leforamoa f0 tagwitod Istecftlu, aetMSlNcti M, Sr rsboval thdoo bird 10 similar to that Tovitcd to be le the percodel wrlttea "ties.. it lawfully to place 06 the affeetJvd data of the ragalr6Mnt. ti {d) Before rebruary 1, ISIS, the Sums of a sign that to as is 19Ct101i 1. SMIAL r1Y18900S 808 SIM LMM /I4l 0lI1IMM9 11 the list emptied by the board "I gild with the heart a reger$ - 11 Olt CMA1M OATS. (6) If, eo Jwla 1, )981, a Dualsipslity boa In l3 et UM Swaer'o $lps that W swage 4441111160 Cu be b1`040t late 14 attack in brdia•sses roguiriat W relocation, retonstructiea, or 14 easpllawe with the oleo orelaaace at a soot of lI torcemt at 1664 sf rnaval of say sign and If the erdlpanc6 provides got caaponsatlag 11 it the valet of the oils and at" shall fife &"thar retard of W ie a albs '"at under u wttlsatlba lift, the eeaDeae►sisa for s 16 0ons that the Owner dote - its eanhos be bteutbt late 00911 Iota 11 sip's relscati", racoastivatlea, It raa•wat it to be dstenlned if of that rest. If U saner fails to ttasly fife the eoqutted 1 I i M. ode. 11)0 m►. W. 1170 I Information about a sign, the Ward shall treat the sign as If the 1 and shall consider ether tolevane factors, Inrlud-ego fwten luck 1 evnsr had recorded It ao being stile to be brought into cowplionae 1 at geography, density, Velma, %rattle flow, and Cost et t oepttsnae. - J at a cost of 11 percent or lose. N Igo) The Nsks that are required to be ►rougM Into g (e) Gstsea March '11, 1$$$, the board - shall verity the, 1 eemptianee are subject W the tallovleg schedule, 1 records filed with the beard under Subsection Id) of this sottish. s 11) pnc,thltd of these lions swat be brought latmaceepliabre s If the beard tuootl,ens in owner's detersinatlln gods onset s before MOP 1, loss) 7 subsection go), the beard Asti obtain three e'ewpotltive bids 7 111 another One-third of these alms must be bremo%t late I rtgarding the coat at ahfch the sign can be brought lhde ceepllance a complisn a before hit 1, 10671 and g with the sign Ordinance. After receiving the bids, the bond may g (J) the remaining Ono third must be brought Into ewpllanee 10 male Ste we dettsela+ilan reosedtng the sign. The vertlicmtla., 10 before July 1, 1111, 11 Including any doursinatlen the beard may ms2e is luthotlesd by 11 111) foe slots that the beard ser1f111 lancet M bsoughl into At this subsection, oil be lade only sitar the sweet el the alias As 11 "Its=* at the 'test OI l5 percent or lime, the beard Asti 11 given an oppettohity for s hearing befece the board stout the 13 determine tbe eatlre Warfel life of these signs by type or 14 lemmas involved is the statist. As part of the verification Pexete M category, much ae tLe eategerlee of mana-pole A]"$, natal sips, is the board shall appraise the value Of the sipn$ at compeasebas 15 and wood stile. he %"M It(* may set be solely detsruJ44 by 16 tests. is 0..e lateral: Il(e expectancy of a alp. tot there algae, the 17 If) of on owar's elite that the beard verities Con W 17 awornlag body of the munltipility mayu to brought lots coepliaeee it the cost of is percent or lase, the. 11 It) hermit the air" wltkis the corporate limits of the to bears %bell permlt the weer to %map one-half of these dine so 19 municipality to be kept to Place as soncaaferoleg mints rot a period Jo harucanfolos" rase ar, shall regain the Other One-half to be go eom"ted by tshlov the satied msetnl the of the alp, dubtraelift 11 breuot Into compliance it he cost to aM mustripality. If an at treat that isetol life the period that the alp bas been wider the 11 what his mots than Ono alp and the total number of fide Is an 11 MIA141pilfty's smottlaatles Pins, aM Multiplying that result ►y AS 11 odd husbtr, the tsI sddltiebAl sign that Provable 90 stack 004-hill 13 perceot) 11 division ehsll be added to. the number of signs permitted as 14 lit Permit the , sgpe within the extroterriterlal 11 neneenferAing cats. to a.etiag Its detersibatleh of which signs to 15 Jurisdiction of a municipality t4 be kept In plate is ow"formisg 11 penis a heneontsrmtnp uses and which to rplulrm to be brought 1/ uses for a period tool tad by tall ay the entire tiafml life of the 17 Into compliance, the board Asti ceneldar the requests of the ewer fi of" And multlplylag that ooafml life ►y kJ peretmti or g f0 ar_ H. S, Mo. 117d. MJ. Ma. 1110 1 11) pay the Olin saner, by me at the uthod% doacribod by I atMOH 3. AMAL. (a) My parson sggrlarOd by a seeUlnn ! 'rt'es S of lhaa •ttrcle, GS pertont Of 041 romponasbla' Carta of l Of the beard may present to . district court , Petition, duty tLa 1416ca.tom, reconstruction, or, res"al LI the at", to those 3 vrrlflad, getting firth that the dorialoa Id illegal, in Mola or a costs are determla►d under Settled a of tb:a arttcld, 1 In part, and apeelf 1 Cho r M grouMs of Na Illegality. no I (I) fir ooch maneentetadng sign, the board Mall tali with 0 petitren Mist " presentod to the Cost% net later than its 70th day 6 the appropriate property tax eppratsaI titles the beard's 6 attar the day the dreialoa Is rendered by the board, f ceapeneablo costs value appraisal of rho sign. The board shall 7 16) trpea presentation H the pat!tsod, the Court may allow e Al f116 the lofermatlom an or before Marsh 11, 1086. Tie appraisal 6 writ of cortlorarl directed to the beard to review the dictates of i I office shall eooal8er the board's rpy+afaal Men the Office, ter 0 the board and shall prmb.rlbe !n to Writ the ties vith;a valeh a 10 property tam purposes, detonlnao In 1016 and later years the to return must be made, vhleb may not be tees then 30 days and bay be 11 appraised value of tha tool property to vhleh the sign Is attached. 11 extended by tb! court, I1 6? If a oipi to regv:rsd to W sooeved and the $ion. vmer it J41 The board Is not regulr" to estate the iesginal pipers 13 is to be componest" under Subsection (hill) of this section, the 33 acted upGo by it, but it sill be suffittrot to return certified her le owner et the real property en which the sign via located Is 11. sworn copies of the papers. She roturm Duet tan imely Set earth IS onticlod to be compensated far 6S percept of any deereass lathe as all other facts as mar be, pertinent and "torial to thaw the 16 value iI the real property, ..The eopfasable toot to to be It grounds of the decision opposl" from and mot be varsfied. leg dalormined by LM beard accerding to stsndorda applicable G a. 17 (d) She court may ravar" at attire, vbAll at / partil. at IS pioce"iAa under *haptet If, troyarty Cede. The govaroing body of 31 may modify to declslon brought 90 for review. 11 the "hicipality may pay the wear by one of the mathedo docribed 30 (e) 00129 may act be allow" against the board mulaao it so by section S of this Article, to shall appear to the court that W board acted with gran 21 (b) rot a alga erected attar Cho affective data of this Act at netlivenco, is bad faith, e9 with u11co in eallog the docieies 11 and as to any alga eurrootly in place that is made bondontoming, by 37 twat" Iran, 11 as vatonsion of or strangtheriag of an •rdldaare that was IS offset 23 ILL71011 1. LUM101011, ($I no requiramosts of thla 11 as June 3. ROSS, and contained alt d4drt11Otlnd Pisa, then the !a article do mot apply is as2 at" that was *tatted lm violation of 31 aurtitation pitied ebsl) equal bgtel Ilia ad detetaiaed by the 11 local ordinances, laws, at togufulMe applicable at the time of 16 board in Swaeectiea but without regard to the computaticis ti Its orectlos. 31 provided Is Sweo6etion (b)(1), I!), Sr 11). at Ib) na regilremeata of this article do Mt APP,y to s at" is 1! t S.s. ono, 1710 t.1. No. 1)70 I Lit, having beam psro.ttod to regain to ylaee as. a nonconforming 1 Ito political subdivisions larva )atfedidtlme, f sues, 11 tagulrad to be removed by a mun)sipsltty becaulo rte sign, 1 171 'dig", area s o outdoor structure,' !110, diplay, light S or a substantial pert sf it, 1s blown.4wft or otmraol destroyed l device, (slut*, psiatloq, dravth/, postage, plaque, poster, g Or dismantled for day purpose ethar than ealntsnutC=r pees!/cd■ or f billboard, at ether th)a1 flat is daelgaed, intandea, er tied to S let changing the letters, syshola. er ether matter an the Olin. S mdvottlse or tnters and that is risible from the ula-gravelled tap f ($I for prpeaes of subsection JO) of thfa section, a sign d at a rural read, 1 or substantial part #f it in cono:Aerod to have an destroyed only 7 (1f 'Oa-;!dmfre alga' L=ass a trasstandfng sign Identifying 1 if the Ceel of tspolring the sign a matt than 60 percent of the 1 of advortieing a business, persso, at actfvttr, and iaotalled e~d g cost of *sitting a net oil" of the sue type at the game location. g ■e1m'11tad on the anao promises ea the business, person, or IO (d) This article may not be constresd to Ilmit er rretrlct 70 acti,ity, 11 the compeaestion previsions of as highway bawtificatfoo 11 CS) 'Ott-pralso $&P' mans O gigs dlplsytag advertiolog ' 11 proviosvne cenlained In Artlcly IV, Terms Littor Abatnurt Act t1 copy that pettalsa-to a Wolmass, pot sea, arNnitatles, activity, _e 11 CAstlcla 4477•se, Vernon's Texas civil Statutes). 71 avant, place, service, or preduet net principally located or ~V Ise AMCLIC 1 la primarfiy manufactured at sold N the Promised On tb1Ch U* oip i1 is SECTION 1, Ld61"flrs IN'ICWI. It go the intent of the Is located. le legislature to promote and tent.yl the reasonable, ordarty, and is (f) roon" mesas as Indivfduat, reooclatia, or 17 ottretl•s display of outdoet sdvdrtte:nl sa oil blghwep and roads 17 corplrotla, to located outside tm csrpe'ate halts of eltlts, towns, and villages if (7) 'portable Olga' aoaa a sign dealgaed to W meumtod en a 11 to Texas to promote the tocrestimal Volvo at public travel, and to 19 troller, bench, v211e164 carrier, or time sahmateriaed arbtx; 20 preserve eslurml Nasty. 10 etruetr•e. 11 SIMON 1. DIf IN1T10Nd. In this artlelei 11 I9tT1oN J. 81-ACIPC RJQtttRDWI, (a) An off•pcealas alga ff (11 'comotosio' gleans the State Iligbway and pubile •11 having a face area of 101 guars feat or more ay bet be erected 11 Transportation Commbtolon. U tithim I,I00 test of aaet%sr off-premiss sign on the sec olds of 1e M) 'sural road' means a toad, street, gay, thereuthtrte, or If the roadway, 11 bridge that le Incited in is sAlneerperotad Oros Ind is net tS (b) Am e11•pto124 sign baying a face area of at treat too is privately awned or controlled, ary part of Mieh is open to the It but logo them 101 KMAre feat may met be started vithla SOO toot of 17 publle for johlevlor trattir, and over whlcb the state or any at 21 another eft-promfa sign ram Ud Idea $Ida of ohs roadway, 13 if -7 7 , th h M./. N,,. 1130 N.a. No. 1170 I` 1 (c) An oft-prreltr sign having a fate ate► of lead than 100 1 /LC: taN 1. DCMX ::AVON Or Stag. rot signs of d a Square fret may hot be erected within 110 tat of another a double-taced, back-to-back, of V-type naives, sigh face so r 1 eft-pru{ae Sign an the egad oleo of the nsQray. 1 considered a eeparate el9a IN ceepuuSg the toce area, 4 (d) rat purposes at this section. '46c double-faced, 4 UCTION V. WIND I.OPO/h LOCATfOIf A* AMMIN0 Of rOSIMU 1 back-to-back, at V-typa sign is trailed is e,•ola4la sign, 5 Mad. (6) /ecb oA-ptemise air off-Freda sign elsryd or slt4d a (e) signs locates at the seas latersectles ate not to 4 must to deslgged to radial VISA leads so fellows, 7 violrtioa of this Seattle bocouex of thelt "Assess to one utnthet I vim 60A0 uUmul IN 1dAOs / It they are located so that their aorragea are d{n<led toward a sal /OOAa/ IM roe ALL IlGn 9 rattle flowing In dittetant dlr•t11ene. !1111011, it tort 10 SIMON 4. 9990•1' 29STkIMfONS. An en-ph,alrs e, 30 above froy~nd, see 11 otthpreulee sign say net be grease that exceeds a overall height 11 Imararld two the 12 et 41.1/a toot, exclwaing cutouts oatanding above the rector.,-vlat tI averist levl et V-4-91M 11 herder, meawtod !row the highest point as the sign to the grads IJ jhe IE"A adlscegt plumme9.pat la level of the roadway from which the alp is to be viewed. A roof 14 Te Ah1 urwgtwa JJ91Jt!-1!!j S41 sign hafting t tight at "lid euffue are tut it say polat eased If is 0 1 0 16 fool Move the Lela lever, Open root elgv IN which the uniform 14 1 Ja JO 17 open area if set lass than 60 percent of total great ores may be 17 11 so 21 1s elected to A height el 40 tut above the toot level. the Invest if fl 40 /y 11 point ea a preyeeticg sign wet be at lust la tat above grade. if 100 lot b 10 99CIlON 1, raft ASSTl1OT1ON1. As ea-premlae of", otAfr 20 200 • 2t/ to 21 than an en-promise net of", may wt be sleeted that had ■ face 11 100 - 209 11 ti Alta exceeding 400 Square toot, inclodlmg cutouts but aseledtng ;a 00 100 40 as uprlghto, trial aid .omit. Ave ett•prwlse aloe bay last be elected 21 $01 1100 10 24 that has a tree riot Uteeedise /72 /guars test, e11411diag suteuto, 24 Over 00 71 39 uprights. trio, and WOO. *either as en-premiso bet an as (bl A persw lady set plate s pertable also w property of 24 elf-prwlle bill may Nava a Cutout with a trot larger taw 20 Is nether Without first obtalafap written psrb•alon troy the vase 27 percent of the alla'e turtles copy else, 17 or the evner's wtherlted stmt. is 21 . w. i, lb, 1730 iJ. aN. 3110 1 t[CY10w 1. IaArt[] 0! Qh II [N1ty ilortt. A business lay net 1 arUct♦ It am parmittm, 1 meintato more than five on-ptsmlle signs per each teontrge an e 1 (1) violates say provision es raNlremart at this srtlcaol 1 single rural road at A mingle businys locatisia, 1 or e 1[CTldc S. MMIRIlTIATION Of IUI ICE4 AVIAMAKINO. (a( The 1 (1} vteLtea a conelsolom Me,adeptod coder this article. 1 commiealeo well admialetar and Interco this article and shall 1 (d) A proses NNre patch 11 rownhed adyeaMsy the 1 adapt ruler to rsNlato the fraction or maintenance of signs t revocation to a district Court Is trawls County. no apply must 7 a.vered under this article. She tomolrelon shall adopt rules 7 be taken net later than the lath day after the data of the a "cifring the time for and mannat of applying for a panait, the at commission's action. t farm of the fault Appllestlnn, and the Informs -Ism that swat ba 0 (e) The commission shall Ism s permit to ■ person whose 10 I"tudod to A pitolt application. s0 application geaglfos with the cobblestone's rules and whose sign, if 11 (b) the cosisalmb by rule may require every applicant ter a it treated, wsuld comply with the rqulrweate At this sstia'.m, 11 prmlt to flaw with the comolssloa a surety bond or other security 11 (1) The cembhaew shall provide for s beard of varfanco 11 la 1 lessonabfa amount and payable to the commleslon to reimburse 11 which mat, In epprprleto close W evbject to appropriate N it for the car. of roweing a sign unlawfully erected or maintained 14 condition$ and rshgYblds, eats special satptlons to the is by a Per■ittes, A rents adopted ender this section Oust provide for Is prsvisleu of this artlcts, 16 faoptles trey the requirement of turafaht" a bond or security ter Is 110"10f1 so, must TOR Widow Of slow, A port" may Not 17 an applicant arw has hold five or meta Permits, under we article 17 er ct an otf•plealso sign that is visible less the uta•travelled it for at toast and Isar and has cwt violated this article or A rule 31 way at a rural road vitheut havisg first sbtilsed a permit tees the 19 adopted under this article during the proeedisg llaanth period, It commission. A permit lswr'.asder thle "C'144 Is Va)Id tar cone 20 Any person engaged primarily As the business Of brawling s/gn$ that fo Isar. the comaidalss by wit pull /rsosrahe leas for ties Issuoaeo 11 advertise eoapaales locatod or products sold to the promises an 21 at permits go absentia datoralaed 11 the gduifaiea to be Cuffisloat 11 which the sisal are ersctel met file with the commission a surety 11 to atshis the comalssiss to rscgvet the costs of Infercfrmt of 33 Lord ih the sam% bt at lasbt (100,000 and payable to the 13 this Article, ties collected wn&s Wo.soctibe shall be daPefited 24 ceeaigiiwn to foluburso It. for the gees at lawviag s sign tie to the $tote treasury abd anal 14 esN MIy ter fhb ssforceoont of Al uslowtslly started or maintained by the parsecs a person may mot be !1 this article. LCpt AN wtlArised psrsura► te this kt, as pdnlt 16 uepted from this roqulrebant• 16 may be issued for mm Off•pteallse alga mdetf such fits to to be 7 (a), file commisslas bay ssvote f permit issues Under this 17 iosatod withal no fact, ft acs M Mori cocga1164 eesserslal of 11 1• r - T f r r e, ao. a.l. 90. isle 1 industrial bwtlaaS ■ctivitJes and located on the saes aids of the 1 Of Wderlround oleatric tcanelutso jibes, tolgraph Or telephone f roadway as such burinise. I properts%s and facilities, plpollaec, public $avers, or val"1104st I swrlow it, lff LACfffiir7 00 Hass'^d 4109. (a) When any I (d) a alga oreeted by q agency of the state ar l political 1 alga, of 4 substantial part at It, to blM 'down or otherwise 4 subdivision of the etatei and f destroyed as taken down to removal for any purpose *We than I I1) a sign steel" "tall for and nlctln s is a Palle l aslatonams "stations or for changing the letters, symbols, or o election, but only i h I other natter on the sip, It may not be reerected, reconstructed, 1 IAI the at" to on private prepertys f or rebuilt ascot la full conformaxs with the prevlolons and l 10) the Sign in started w sooner then the Goth pay before I roluirwato of this article, t the election WAS Is reooved w later than the loth day after the 10 )b) foe purposes of sub action (a) of this section, a sfon 10 clealoi 11 of substantial pat Of it is • ASIdered to have been datroyed only 11 (Cl the alga is constwcted of lightweight materioit red If It the test of repolilot the Milo is Mars then 60 percent of the 13 (0) the surlaes ties of the sip is net lntor then $0 11 cost of orectlsg o row sign of UI ume type at the Ieno locales. 11 $"Off fut. 14 SM1011 M EXOM10111. (I) The following ate exempt fro 14 (b) She folloviay are oonpt Iran the ro"frwits *I 15 this trttela it Fiction 1 of thin articles 16 (1) a at" the ,settle seed mtiotenaare of Which to allorid 14 (1) Signs MvectlSing the 0414 or Ilan of Property a Whlab 17 under the highway bewtifteatisa previsions t4atelnsd 10 Attleld 11 "my are loeetsdi and 1s ly, uxis Litter Abstinent Act (Astlcis 1111-I6, Wroon'a Soma if (1) on-promlse wall silos. At Civil ftatnteals to (e) She asamptles provided by aubooction (,)III of this Io (f) a sits In existence before the effective data of this So actlan dos not swept s rips frw section 13 af UUe article tc It articles It the extent Net section Applies, If Its) a alp flat hat to Ito purpose the protection of life 12 ft"3011 1I. fl ATIM off-fefullt $I=. Not Iet4r than the 17 and propatyr I$ Moth day after the eflettlvd pia of tble atfcia each owner of an ft (4) a Croctional or other official 04n euthorloed by low, to aft-pratae slfe emitted before this effective data af We article is including a sign portkialag to Asttral w.dots or Ic4nle or to that it visible fro" oho ula-ttav411ed Vey at a rural rood ahe13 f• 11106114 aetesaleaai , ti either reeve the life or ragistst the Site with thus to"169164. fI ra) a alga or author givlnf tafereet)on abowt the location fy The sweet wet pay a fee at M far Iecb sip that is registered. 11 f0 71 777 , i ' 11. h. ire. 3330 ■,E. l4. 3J30 1 This tavtatration is valid for eme yc'r, b"t 16 renewable. for as I III) It It to shown at tM trial for collection of a civil 2 amiusl fu of $30 a 0100, provided hevavsr, the sosaltalom may by 2 Penalty under Ott 6491184 or on 'appeal of NO arialatratlva 1 regulation prov4ie ter a looser renwal"period net UP agreed give 3 penalty under this otctin shat a )ud'eaat tar a civil penalty, or t Yers. 4 a final adnr, not timely appealed, of a fudgsent ter a■ s 59MIOk 11, CIVIL AND ADNIVIaTMTIVt MALMO. (a) A ! e4e1411trittVa PaAsitY, was ►rorJOU41y easuad Apolsalstba'porson, s person vhe intentionally violate& this article Or a rule adopted by 4 In 4"Itlas to any ptmetty that may to assailed tot the oubs*"Ot 7 the eemsleleo under this article it liable to the State for a 7 violation the court shell order the nric:ulon Of ray perslt hold a civil penalty, the attorney. "Ascot or a cNnty or district d by the poison for the location at which the Subsequent violatioa 9 attetmay MAY rue to cetlect the 9148111, 9 acvvrrN. to IN) The amount of the civil penalty to not lose than 1150 I9. (e) civil and admloletnttvo pepxilloo collected under We 31 nor sere than $1,000 for each violation, depotd{ng on the 31 article shall be dspeslted to the state treasury to the credit of It scrJwanass of the, violation. A saparato civil penalty may be 17 the state hlshvey fund. 33 collected for rack day on 1M-.b a cootlnulrg v{o1ol{On occurs, 11 atcriMf 15. DblOflT{OM or 1,9911. lrcept as ►rav{ded by It (el to lieu at a ruff to collect a civil penalty, the 14 Section 30 at this article, permit or reglstratiro lore collected Is ceaalarlon may, e(tat nettae and as opportunity for bear{nt before ' .15 by dims cortulnn under this article shall be deposited in the to the ce lsst4t., .sus is administrative penalty aptnat a parson is stets treasury to the credit of no state hlgbv+y flow, 17 vhe Jnteatlenally 7felst4r this article or a Iwle adopted by the 11. il"100 la, A&MATIM Of Oft-PRO!aE lOMADU shams! 10 1s earttalen under this article. 3'M aaouat of sh Administrative 11 ctl7Alm CO1Mtlta. (a) The reovlitions tsrmseed by or adopted uador 19 patalty all not eacoad the maximum amount of s civil penalty urdoe is the other aocUens of this atUtle da net apply to efl•prem/at :0 this **cited. A continuing vietsilse Is aublael t4 separate 20 portable signs Its the malr,'atporated aria of a county v{th a 31 •dalalotritlve penalties in the same ■war so It Is Sublet to It PaWlatln of 1.1 million or more, accerdlot to UA most rectal 12 separate it- it panaltlu. ~A ►receNJng on the statement Of to 2) federal coned. In ouch a 44401111, the cals:eolerere Stuck may 33 adaloletrative penalty wider this Subsection go a contested cud 31 prohibit off•prrdoe portable olgma 14 rte aaleoftrpetated aril of 14 fat puepeeta of the Adelmleteat{re procedure and Teaas ssglVSr Ac! 24 the ceuoty end may rasuists W tollovlq "ties$ fo Us% ereu 15 (Article 9113.131, Vernon's loan Civil statute). Oa Appeal at is Ili the location. Might, Me, Laws asehnrlrq at otl•►remlme as the taeaseent at an administrative penalty under this subsection, 26 ' portable Sltnsl and 27 IN Armor of r4vlev to by trial do sew, 111 121 Other matters relating to the like of off-PI odes 21 39 N• !'.I, rd 'e {r r ,3 N , '^,{:i ry,. 777 77 5, a y t t 3,y y e N./. Ile. 11)0 ' r./. W, (110 1 pertaDSs st9aa. 1 by 11:169 a wr{ttam notl:e with the tooale►len. 1 (a) it a county prohlpiti,* or regulation edoptW Ulvur this 2 ifc7l'" 1. "0tD61tt Of MUNICIM. dW1AAw9' it e 2 section conflicts with state 1w of with o Visit adopted under state 1 municipellty extends its outdoor Siva nrdl Rance Within its area of 4 law by a state .pansy, the county proh!!)tion of rsp,lstioi 4 extraterritorial d Isdlctlso, the municipal Ordinance aupersedis S prevalls. If a county prohlW tlom, at reolstlea edopted' lender S the rofrlatleno t►a,ac.')y or .darted wkcr Article / K thin Act. 4 this rect•tn conflicts with a municipal elf" ordinance ttst has a AAf ICtt 4 7 boon entended vitMa tM municipality's extraterritorial 7 St"tOa 1. ►octlsn property /adavolspeaat and Tax a jurisdiction as permitted by Article 7 of this Act, the municipal a Anatement k" tArtisls 1046f, Vernon's Tapia Civil ft4tvtse),* is v ordinance privalls in that area. 1 a,4eedsd to road as follows, 10 (4) The appropriate attorney representing the county in the 10 tac. J. 116tICMA110M Df PAIW9911 district court may seat Injunctive retie( t+ prevent the violatiAn 1) 4e119nated u a toi rastment two, An area post, 12 er threatened violatlon of a prohibition or rsyulation adopted 31 (1) oubstantlilly layelf or areas% q,e sound growth of a 11 under tole Section' 1) city or toga, rater$ the f,rwlsion of boiling aecaawdatises, er 14 Id) The toaslulonere Court may dotine an offease for the 14 constitute is seammis or srsisl liability and be a Nance to the ls: Violation at a prohibition at tevulation Adapted Under "is if "lie health, darsty mottle, or ireltste to Ito plseaet coM{tiaa 1s section. it the coealaalemore court defleos an Weiss, the 11 and use by reason It the presonee of a Matdgtlal number of 17 offense Is 4 Clue t eledobashor. Me affaare Is prosecuted to the . 17 substandard, flue, detetisroted, or datertorotlbg struetwrsel 1t edge manner a an often" dofiaed by state law. 1S predominance of defoctlrs it Issde"ats eidwub or street layout) 19 AATifYi / If lawlty let layout is rotation to bile, acresslblltty. ar 20 21dTi0N 1, AI.ODUtTION IN Cir7 LtmTsost"itz 1VAlmicrix 1o ulafullNsei unoaaitary of o"Afe sondittaisl deterioration of ells 21 Any ar,aklpsllty nay utand the prwts)sAS At its Outdoor eifa 11 or tutu Iop"M"W,tsr tag of epeul rsrsssnant dr.f{a"Sur 22 regulatory ordinance and enforce wet ardist"A viw a Ito errs of 21 SAC444SAV the tilt wNo st the land$ 4e1e4tivo or wwe-al 11 extritorrsterial jue{edietlos ■e defiled by the IAlnitipal 1s csnditleea of tltiar the Williams of eeaditlens that cads 24 Annexation Ant (Artlels 1109, vetoOu'e T4aN Civil Stesutu). 11 r,e prapott ntr life • y by fire of nisei savUi, ar any tooblmolSN at these 2% Newavet, any ewMzipality fu Jim of inch esgutatarp ordlnM il, 25 totters ar eono""Al 2A fay allow the State llloway a)d !-Alit Transportation Coarledloe to :1 (1) be ysedom wail{ also and, bortute of obsolete plottlef 21 regulate outdoor sips IN that city's extraterritetitt juriAdletlep 21 of datertocakia of otwterru or alts ieprwewats, or ether. , 13 14 41r; n.s. w, also !1.1. w. alto 1 factors, aubstaatisily impair at aunt the sound Irovth at the 1 Or corm that the fwlrafap belly 111do to satisfy the , .d«lresento II tlty or twan A of 14tee110e (a) of this joction, w/Jatl is tho Ilddtetloid "I 1 (3) b to a federally Assisted aw c"unity located within I forth by tottleA 4 of this Act. IM fwer1jl4f belly of ea 4 a Moo-ni0 city or 1A an arc IaoWistaly adlacont to the 4 lnterpe•-tod oily of town thall dealfhoto n rolovosta"t tow 4 federally misted ww esmaualtyl 1 eligible for reaiddatlsl piop4tly tax abateo"t, or t (4) be ]eeeted wholly within aA Ana which "Ote, the t e~aaersill•lnduetsiel tam sbstod"I, of tam incentive tlaanciap so 7 rsfuirneate for federal Assistance under Iactlre Ill at the 7 provided yet In tha !exam tam tasrpnat flaenalad Art al lgl 1 Nousial and Cesaunily Dewlopsont Act of 1114; 1411 s IArtiela 10440, Vorneh'i Tana, er"1 1 I& M-11"461-1,16h l fIl 64CM020 1101. ►lllbeerde And ethos widens f Iayla{elny•isl-taller-Ieaaissr•lftl), 10 odvdrtlair,LLrj)Lrtytea dealonated by the morning body of the l0 AATICI4 1 11 LII4ltl Ilpj elty or town for raleeatlon neaastrvtelan. ee 11 ILCTfON 1. Ltf=IVC DAM This Act taken effect I"tembee 11 rsseval rer the oursesLLt et4ranclAS the Mysieat 0vltana.ee at 11 1, 1711, except that Article I at thle Act tabs effect 1) Via tits or town which Uo leaislaturs hereby ditlital,to bt a 11 lawdiately. 14 fwblle our aJ ar - 14 184110M I. tffLCI Of IAMAL ImALIDITT, (a) The I1 ILI W deal"ated a Dotal or state-federal dntarrtiaa some is leflalatora docloru that It 'would not have enacted this her 14 under tho Texas Intsrpeloo !tens Act, It without the theission at sottlon I(a) of Aruals 1, to the eAtoAl 17 (b) for the purports of Iubdlvislen (1) of subuttion (a) of 17 that provision astlodosaedee oI twpdeeatiw &at aproifirslly 18 this p;tloa, a teddralfy aeeistod NOV eomsuelty 11 a federally Is wthotiead 4 shot prwleloo. It We Meauslon at sltersatlva 11 eaalated arts that received or will rsealve aasistince is the fors 11 soda of tespsasstlon of for say reason hold lavalld by a flail 20 -:t Soon luarantsea under MIA X of the National Noulinf Act and a 10 twdlsenl Of a Court of rss04tist Iuri►dictiea, tM tonalAdor of al portion of the federally assisted arms has r reeved $coats under 11 this Act Is wld. 22 $action 107(a)(1) of tho Woueiof and Csarunity DavNepmeol Act as 11 (b) dept ea provided by S"etla (a) at this sactled, 11 1174, 23 this Act to severable as ptw14" by Cbaptor 45, Ante of the 93td 14 to) Thd fevsrwlaf body of an tAcorp4rltsd city or tows may 14 Lelielatorl, ta"Isr Ie6114tt, 1111 (ArlirlO III, Vernon's fonds 15 dea'ifeltd, by beuhdstlu, ea a relovuata"t hens Any are1, or real As civil statutes). 16 sr aeraedsl srrodtty vhoss it to directly faisw to the bus sdi at 1W?f(1f 1. 60UH-AflAfsTD KthMM. Nothing is tAlo Act 17 of mdeer t.6 Melba, within the taxlfw luriedietien at tM tity If affects a toutt•apprwN, OattleAest eotdrea into ba:4:e the II It t f a F - .A I 1 dr 1 , r II t ti ! k, rb. 1750 NJ. Na: IUO 1 affective data of this Act in any lltl9etish .s a tours at the 3 united $tots$ Inve1vln9 the validity se munitipai regulation ei J 61"s. To the extent a Prrtleten of-thin Act se-flitts With the Jraeldeal el the Senate speaker at the NW40 1 terms of such It sotlleaeal, t/1 terse of the 1 ttlaaat prevefL 1 seeslfy that V.I. Ne, SffO was Pseasd ►y the House q April S SECTION 1. 999ceftV, Tn1 lyartsare at this Igieletldn 14, 1965' by 4 hes•ree"d v/tal asd that the NoYSe 1elcurrod 1% G and the era td canopies et the ealeMers Im posh 1100141, Create an senase aaendseate to 11.1, No, 1130 a MAY 31, 1lN, ►y she t eserveaey and in I"rative Publfe rw:^laity that tM 1 eenstllutlsaal rule ra0rlrln9 pills to be toad on dine several fell0WlT9 aetll Yea 131, Neye S, J Pseesnt, act vetln9. 9 days In seal house be suspended. end th:a rvle is hereby weponded, 10 and that 0,11 Act take effect and be In force sccetdlnP to Its 11 terms, and it fe ae enaetedr CNlat Clark of the Leap 1 certify thkt N.D. me. 1)30 Was passed by tM Jesete, With eaendeents, on may Is, 1916, by the following vot4i 1#49 It, "are secretary of the Gnats AP(S0vE0r Date ' Governor at _o r.. it'b FFT NOW fret ` r!~! TUN ellm "bl~l RDX1011~Lb C1~01SJ dr' low eu u. bng' t but from the `publk roads ,UK7 nique, get rid of In a few prry highway, it's forbidden to ` road iii Aft*W from stand oat k An indu' a~ that eat years, at no cat to tfttw tr,xrsayen, do this. which you qn we the duaber pions windfall volute the publk Everybody exp6Aed the' big rign In "the so years since the law's vruraofstairtvrt sint abbrri icrrdrerteirdy crates is in eFFict it ootnpl.lia to Mt ge a knock-down paeuge, federal taxpayers have and off in the diseaaoa white publk parasite, and the communltyy fight spinet ~o.J kind of to lation. paid the Industry an average of T stseplss, red sibs Ned -greets line die ri«ht to emulate It.. Hut, to the astonulrtnenc;of ail, the sro milliop s y r r for sign control fwead; the u>►apoiled W pe of So the biUboard companies Im pledged to support rtpk- loco million in A. But Congress Aaoeriy't1r. Beautiful. But is re. a [w~w tutk, Since they don. SiidiaWashingtenl ,the hull rvndredofpsy4themottey: q Dart pan these sereulre) have boar cou(dn t• esape regulation thly Outdoor Advertising Ace lion and last yyeaar spent tidy fs M111 on. 4 much futer+than most tried to make it too ex ire for of Arneriu, Inc. (fyAAA), "Did- Since estimates Of & Value of s!gne pgople raali:e, u sera of dwusanrds towns and cartes to a ord. 71seir boards have no place m nk aenk that legally must still be removed aew bdibon* have visua!!y as- argument was that communities arras of our highhways. range up to a couple of billion rWtd ors most soak roadways, KtIng the taring down of 4ga The bills sponsors oouldnk have dollars, at that rate it would take Ironkally~,vaskla of the big roust eompeasaw their owners kr been more pleased, since scenk SOW yon to finish the }ob. alga has I' by the the lost kwome from advertisers. stretches were the only places But that, was fcast the beginning very law slices was supposed to am small eornmunleks, this could where they wasted outright bras; of the dcublrcross. rid of biUboud biight-t fk Hi r- run into the hundreds of thousands In industrfal and commercial area way Bau""don Act of sgby to . of dour s., big ones, the tern of all they wanted was modest reduce &aart.v Aroma the Beautification i die blight has been spre to millions.) But the courts aid there tions in the size and number of A..t was pored, driven on the in- to at under thla let that the saw was a method of emapeoution that sigtu. "I am glad to hear said terstata began seeing signs like the original suppowet have now be. would be much easier on the pub- Oregon's Sen. Maurine Neu rger, one below popping up all over.the gun lobbying to get Its major pr6f- Iki amordutlon. Just glue sign "shat after years of opposing tone dons repealed. They are saying that owners a grace period, allowing trot of billboards they have final &tbw was a doublie-cmu from the them to leave their signs up for. uyr and reluctantly been dragged in. bi&lnainf, a triumph of the bill- six vein. That way they wouii But she had heard wrong. When bard and its Cgpgrtesionsl . recoup their investment from rent- the law was seed, the brlboard• wpporten to promote the building al not from tas,,syers. control people found they'd ban ofosont signs. " rut.was the legal s;tuadon In had. W ile the OAAA's lobbyists The convict goes back to the the mid-rga, w en Congress had been blicly vowing su tgaos aad';os when billboard corn- begun debntng what the /a* of regulation, In private they had patsies fought to persuade the goverrment could do tore&Wsae been persuading Congress to write gaoura tho' communltita had no billboards on the burgeoningleder- a law that threw out o years of M4a' , 0& tooontrol them as esthetic al-hl way systerh. A na:i" law billboard-control deciskei by the y, courts.. ,lwieusda. no oompanks argued would cover ;ooooo miles of feller- tint the "led the cooatltw~wl OUT frnanctd roads--the '4o moo- According to the law's fine print, ht 6f property owners to earn mile Inurstate system and the amortizado~i was henceforth for. taMiey by team their roadside a6o,ooo milts of primary (made bidden. All signs removed had to be bit+d for the bUIbc*t . But the "U.S."-numbered) roads. Under pald for taxpayers. What if a gt~Nw',threw the ugmwm►wot des via the porasite principle Congress town deciVed to use amortization tlM; mite priftAk"-i e., bill could order retrwval o, every siggma to enforce a ban on its own streets? be+t dank derive their value on these heavily traveled arteries As long u the signs are located trriN the private land they uandoo, and, wing the amortization etch. within 66o feet of an Intersutc or PW91 aw 0. nos - 1tdAA8R'J DM1LtT 1«~ r!~! >rt/8 GlfPAT B/LL~QARI~ D01J8L8CJ~IQ~SS ootw tty. They're called mooopoles, stove = center can *are r--....--- and thOW a direct VICE of the down oaAA whole rteiArhood, Inv4 aaost probable Individual But the very success of the new doubiacr , One of this startling desiSa is beginning to cause second disoovtrka the law's "."am made thoughts about It in the industry. , In is small print was Its been up so fastis so many that keall for an reductions that ft's crated a public in the site or. het of billboards; Inh clot's been largely respon• i inswad, it merely fader- dbk for the prtsent resurgence of + r , 111411 hway off 1611 to sit down :Lb he whole or aotib rd controversy. y ` h with *4 wte counterparts and work out limits Bret wouW lave (hsaava this Md)on:ld's sign (op- them troughly the same as before- ?Witt pair) and the little shed next ;oo sgwre feet; in rise, and a maxi. to it, both sitting In a lovely rind must o 30 feet area of South Carolina. Uke most LNer0 when the apecif c dimen• of Airiericali landscape, this p~rtic- lions were announced ~r pro. ulsr piece of scenery out in the ducat additional shacrt1girspil u1st Pleee Of scenery out It, he =L . luny it country has no zoning claaiFxation turned out that they had been del at all- it's unaoned agricultural v ' not by the states but by land. ittt now, beause of the shed, the OAAA second, they were as the land comes-under a strange new 16C M: size-1340 square feet unin`` claaifuation. Under the with photographs of the phonies: a owners' problems by providing for ~!id limit. Nautifcation Act, the purported descried shed-its door overgrow" the Planning of hundreds of chats. 'Ilrenionates, billboards made business fusiction of the shed {16 with weeds-labeled Mikes sands of roadside trees. Rossibie by these anressded size lim• baled "McDonald', District Office Welding Shop,` a private home In 1g, however, the industry =have created a whole new sign- and Warehouse Facility's makes billed as "Carter's Drifti"g Serv- solved the problem: it persuaded building industry. In rp66billboard this a "commercial property," i ice," a solitary, old gas pump'mss- the PHWA to legalize tra cuttingg cola were ><tso million. In ry93 which in turn designates the road quersdingasafilling station next to by billboard owners on the federd they passed the 11jUlion mark, next to it, for boo feet on either side, a biLboard set in the middle of a rightof way by reclassifying the t makes the new dimen• "unroned commeidal." As such, it field. And to forth, pprtos" is "vegetation control." -sans rcvolutiooary Is the signs' Is eligible for three billboards. Bute-highway authorities now it- ability to. command enormous According to a study this year by Tea nerves on the next page use thousands of vegeutiontontrol stretches of road. Since the atiwoo- Congreu's General Accounting shows a clump of tnt- that have permits to sign companies annual. pole's height is oww only "the " OA9ee, 4qt- un:oned-commerciaY just been knocked down to five Iy, Many of the trees they cut were thaws of physlq (the tallest is tS Industrial signr were erected In drivers in unspmied view or the plan4ed under the federal landseep• stories), It can pest down from over foal 1983; that's twice as many billboard behind them. When the ing program, the Mglwst tree lute, Its message billboards as the government pald Intentatee were built, the Federal How serious Is the tree-cutting kgfbk at IWf-mik away. And be• to* rld of the same year, AaWwr Highway Administration (PHWA) prci0"nr 1A.-tycars a iiii s.'ydy a~ do ptkoeeupka i oallly a few rcponbytlisDe runentofTrans- wouldn't let billboard companies Wade a spot-s k of one sbite sq profs portatiod (b0'i' ssays that many of cut down trees that grow up in Florida. It found that In 1983 Is even In -rest urban areas. there "cor.,merdal properties" are front of their signs. Then the Bau- the first half of 1984, the sw.e had ~Oure such monner, rising ten scoria shs,,u. The report is illustrated tification Act exacerbated sign allowed sign companies to conduct ~o;R swu, r.,~ h e~+a~ut~ nsct sT /woe ri+s rtls Okw lujatiw e t►at+ ~a-cuss a belkv the bass U fo the country's tourist coti^ pro- iatd nta am to be dud, ry. But Vermont's three mi.; joy trade associations-the Vee. Now rHv oooo maws. The lure mont Cl I Areas Association, the below shows a cou a of una)l dsuns Hapttlit and Travel Association • tiny to S r , Vermont's sod the ~hamber of Commerce-- ipu use acom nd'ki hote10, condomin• strop back the ban. Says Ch.vn. h ge ~l~r, trails. There small dkr Weller, p Wklty director of signs at its access road plus a few Suprbush, "I suppose if we were dozen six-by-six-inch pfaques it can allowed to put up billboards we'd post at state-run sign plazas, are the gal some custc v lers from other ski only outdoor advertisements the re- resorts. but then they'd put trp,►.'.t!r sort is permitted in Vermont sign and we'd all be ~Prurse off In too when Vermont woke up since we'd lore, the' people who to what the i~eaus,(icetion Act was come to Vermoe because they like doing to Its roads, it was the first seem scenery instead of bill- state to rebel. it threr out bill- boat"On Maine, which a boards altogether, even inconmer. law similar to Vermont's is 19M cial and Industrial areas. To replace the tourist industry's reaction has them, It has so far allowed 13oo of been the same.) tilt trot tin c"tatious on out the'slgdi'it wants to gtt'rid these littk markers to So up.. On the national level, in 1981 a the publclear c rl t- way, 0 of of an a , Pot instance, whetti a The OAAA says Vermonts law group of citizens established the them to llboards that had stretch ofyU.S. 17 in Georgia was been outlawed by the act but still a new higmuses most hadnl come down. ofiu old sages were removed with + federal beautification funds." Tsraa, then, are the obviow dou. • In fiscal 1983 the government ble-crosses. But for every one the paid for the removal of »35 old public an see from the highway, billboards-while the industry add. there's another rip-oft' behind the ed about t8 new ones. most of :Dena: the removed signs were small ones, • When a state gets federal sign. on low-traffic roods. The new ones removal tttoney, the PHU re- were bigger, taller and located on quires it to sdect the d from lists heavily traveled stretches. nsltsmarn! by #1r br'llbauJ e+o+*i- • Since ty$a the AdMinistration Rla. And the oontpanks simply list requested no new funds for sign volunteer their money- laing or removal. 'l" his means that when its lowesaprofitsigns. , Says Charles present $11-million surplus runs P. ployd,'a leading authority on out, the removal program will end. billboard law `The ~PHWA has One MWA document concedes bxa or tie industry an aver. that large companies are alroidy ~Se oofff "o per billboard to prune erecting signs lu known illegal lo- q ~wroswra►.wws "'i~n:wwMwrwM tip IT; __'117W 777777`77 Coalition for Sank Beauty, the and find out what's been going on first national organization ever de- behind the scenes. voted to rung reform of the Fortunately, the Senate commit. Beautn runs By list yyeaar they tee, that oversees the Beautification hid a~~ auppa to' finance a Act-Environment and Public Washington oFAce, and now Workris now chaired, by Sen. they're going to work on Congress. Robert Stafford (R., Vt.), who has A bnj, wugh fight awaits them. fought the OAAA harder titan any The OA A lswidely known for the other membet of Congress. Any influence it exerts both on key Con- investiggaation he might conduct gressional committee members (it would bethoroughandhard-hitting. was the second-largest Pa er of If you want to join the move- speech feet to Senators in 1 43) and aunt to protect America's scenic on the bureaucrats at the PHWA, beautyr, wrlre our Repreimuttive Thf Coalit'son'a firs! Job will be to and Senators with r to Staf. get Congras to hold hearings on ford) asking it committee heAr. the subject, and Investigate how to ings on the Betiutifttation Act. To rewrite the law to bran back amor- find out what you an do, national- tization and t rid of tree-cutting, y or Ire your own community, write "votuntetr" tats, unzoned totting toCoolitionfotScenkBeatuty,sstt and monopoles. K St., N.W., Washington, D.C. But wing a good law will have soxs, The billboard industry is little effact if officials who adminis- powerful but, like all parasites, it is ter it favor the Indus .Congress vulnerable. should look Into the to and its influence-put officials of both the lbls aiNds as P'p Y21 3$' PHWA and the OAAA under oath ~~~.IJ~~YIwlr~r Lea & Call You Suuellaearf ~w,u stoviiao with the crowd on a New York City attt when a young elan in front of me was stopped by an attracts woman. She gretted hint warmly. As I tried to maneuver around them, he grabbed my arm and said to her, "And I'd lika you to meet my fiance." "It's so ake to meet your the young woman said agerly. M," M what the heck, 'It's nice to mat you too," I replied. q's the wedding?" she asked. `Neat month,' the nun answered. "A small thing, really " 1 said. s "If you can call four hundred peopk small,' he chimed in. The three of us chatted ppal , said our good-bye, attd she went off. IU man as my hand. you," he said fervently. "That was my ex. giafrw -tr.. see. r a cow see • T,, t f x r ih a w s .Y r: dip Sc i - ~M i^u ,i r}7 - R, <r DAras 8/Z0/Us Cite t0UNCtL Rlivit nikiT ~ f TOt Mayor and Members of the City council ) IFROMt 0. Chris Hartung, Citr manager SUBJBCTt Discussion at petition of Hammett and Naeh, In*, r404aenting Shaul 0. Baruch for Vol'intary annexation of 92.60 acres located north of Highway 77 approximately 1t05o feet east of 1-35 north for the purpose of determining whether to begin the annexation procoss RSCOKKINDASIQK'No recommendation is available at this time. $SCt Annexation and light industrial (LI) zoning is being requested for the above referenced tract. Approximately 16.5 mesas already in the city limits and adjacent and north of Highway 77 abuts this tract 'o the south. BACKOROUIID t This site to located in a high and low intensity area. Annexation and land sale activity has increased in the general vicinity of the texas Instruments property and future Loop 288. PAOORAMS. DgPAR'[ UTS OR CROUPS &rPBTKDt No existing housing or population to located within the area proposed for annexation. FIGQL ImPAC?t Undetermined. Respec ul su tt s 9 0. Chris Hartung City Manager Prepared ~byt a a .06 AA~~t11,~(,, ((~~L~ t DaVr~d Illlivon Sentot Planner Appro dt Jest Keyey. 4 - 04 aft Dlrealor pt hi6ning and DAVe'loptwAt n912,~ r f V ,Ifl f1«L r inf_!Ly 1:LD +'hl» n.N Itgl H Nqn n0'.I r, mtil.1 >I. L 1 .'R M151'.t/, Shtlal NAr, M 1M 1 i1M„1>r,I. • I marl nl. MM0 w.11, R1U, ' I wl d07 41h r ;Iltf 11 IMII II Ir11 rvt 11 IIY.'ry IN h1 f 1. "Ill 1 MI 141fiNAt NA. II1, ,M • •II 01.11. w'..: Nt M 1. ' 11111 0"n0, .HANNA? yI, mol" '114 a10. 111I;,'1,n 1 J1./.1•a'" 1,,At •NA 'UI b0aw"V S/14fY M MAY SfM1fY A#5r#ACr W nrni w ♦40 / o,/tf 1 VNAuet rd~f1 0 NAIS 110.. ASSMACfr I;a n.11r1, h M ..t1 Y1 01 w11 F111 0M 11,11x1 q I A 15.1 :11 MIi Oww" ,1 N1"a rn1!1, 11q, IM 11tNA 1 k1q 1." gI511M1 51 I L.AM, Iya cN111 > / u11 of YHIt q, Pill •1'1 I la 111 Mit M n h11M 1Hf / Nrtwf N fU N :11 R I FAjg$r,#ACP •61111NA u0 Ii ml 111►I 14.4oi.f, p.4IA A I1411M.1 1 $-a Iw I! r,n N meq/l 11 gviH lr -44, 11 nB N 4 u 111 1.IMQ/ Wf0 n; IlrgrlnW. r lllpq 1,t At,% 111"0 IIN'11 4 'U 4040 1.11L1t A wI M 011, Miff m11r M Ikut/ 17.:Iint w 11 14,0501 1 >,It1NA1 ,a Il I, d W h 4 mx 4,1, A WH/l[ SW1Yt1' 01 fmkl ran N u•,11101 a 111th/ w.1 Ka.11 Pitt 1 141.1 w 'N.e. 1/t/ IN 40 IM rill I NA YRM "a Kttll 31 ithlrl M t111tk! All 11 Nv 1 t~ 91WAOC Iw 1tl N .u h1 M I IYIIt 11 r M!1 I►11.11r to INA KRhl ilh tr11h. MI11 N 1111 r,i1t try ,•1•,1 •,R IS MAL4 t1M M11.11 4moki 171 I N/NAI mirl 11 Ntgtl 11 allot me 11 AWN" 'fit a Ali: 111 fof,w "1111 tlf, 1:111 OKO& M r0a115H h R lIV M'.1. 110.0?? 111 1 !1 It 11."1 r 1!1.,1 rllt if fowl elh $1 WW4$ t1 •111h1 M 11 /knm M'1 ,,k IA R1.~ 01111111 /tMN'I" 114 1 • c4V1140 /rwal, h `N tntl -l 4:11 40 1.1, q.bA IF 11 mg M1 .In I hH h. rr VI 'Mh yryr fVNA1 MA of X,;gtl 111,•5111 M II 11.1014 •r.! t 1111 l!u/ A. Ml1'w.1IH M 1111 off"'." I-I16I115.1t A "Ill. 1, L..a tl, \I 1 4 I \ I y All lk 1 a •y AN 6194 1011 ur 14MMET G NAlN INC. f - ` Slt.b Aoiltr IN 4114 JAP r1~y tA11~lJ1t1'iG tM001ttRS llNtKr01~{ w 00 SPIN. is 1101 , tilt A rift O.W. N 1161, M/1 /IIIIb11 loth. ttfil a!d ►41 1!L 11t f AOp01 lIM Al M7 OtMOM Ia W11l ItyA 101 K„yr `,lit, ° `^1G'•".~~ .1 S ' ,r t~p n ''ri 1a",1 + , U F 4,~;r ! t K `.wr + ~ r z P-7 -7 f 0.Y ANUXAMA TO THE PLANGtNO AND 20NlN13 COHMISSIO64 AND CITY COUNCIL of THE CITY Of DBNTON, TEXAS The undersigned doaa hereby petition for annexation of r' ,Ae acres located at in the extraterritorial jurisdiction ~root of the City of Benton, rexas~ The the attached survey description and shownron the attached t cap~The undersigned also certifies that the following re;wired information concerning the land and its inhabitants is reasonably accurate and assum$$ responsibility foe completion of said information prior to Scheduled, action oq the 'request by the city of Dentond 1s Is petition being initiated by owner to tvevo-Vot*" area of request? Yes No If not what is the status of the applicant? A r.N 2s How many dwelling units ere located within the area requested for annexation? _4Zb„ ,p 3s Now many businesses or nonresidential land uses are located within the area of the request? Ajo _ please provide a general description of these land uses including the nam-j(s) of businesses, if known 4s Does area of request inoluJa any territory within the city limits or extra territorial iurisdiotion of another city?' Yes No So estimated population of the area of request. „_e) Adults _ n Now many are registered voters? . 6. At the time of this petition, have any other annexation' procedures for all or any part of the area requested in been Yes No If yes, please explain the petition? and their status. Procedures begun 7, Does a water supply district lie within the boundaries of the area proposed for annexation? Yes No as 'what tonlnq, if any, other than gri uktural M# Is being requested under separate petition? How mach of territory is inaiuded in zoning petition? r FFN ;s ! r ! VS. h~f N{ r~,'~ f~ 1! .p'k !n w .1„.~ y 9'~ ~1, ! t;: 1 S4 "77 I y , Y n l' i pet do n to anne kAC i o n Palo Two 8. what to US purpose of annexation? 9. Have petitioner(s) famiifarixed;themselvea with the annexation policypAsnol use policies and plan, and the standard municipal s uvice plan' of the city of Denton? Yes No Owner Name(s) Telephone 8lgnatute(s) Data -90DS' Addteas(ss) If petitioner is not the owner of the propertyl status Petitioner Name(e} Telephone signatut'(s) DaEe-13A-- T-° s, 08821 77 " 3 ~i 1 h, C i y. ~ w 23 u?,h ! i~ is t i t 1 (Y b t DATE S r{~r 0ITYtR1UNCL QReQ~l^ F(}~lld?1+~~ TOt Mayor and Members of the city Counctl~ FROML 0. Chris Hartung, City Manager SUBJECT: Discussion of petition of Mal R. Lacquemont for voluntary annexa a of approximately SS acres located at the.noethwest corner of rM 2164 (North Locust) and proposed Loop 288 CA-ij). RECOMMENDATION: No recommendation is available at this tiro Mal R. LacquemontI Planning and Zoning Consultant, has submitted an annexation petition for the shove referenced parcel in behalf of the owners of a total 412 acre parcel. The purpose of the annexation to to include all subject property in a pendlug mixed use zoning proposal. The SS acres In question bestas adjacent and north of proposed Loop 288 and west of F.N. 2164. BACKGROUND I This site is located in a low Intensity eras prodoid nantly with a moderate intensity node located at the interseetlo,i of proposed Loop 288 and F.M. 2164. PROORAMB . DRURTMENt8 OR Owns AFERMID., No existing housing or population is included in the ar*& proposed for annexation FISCAL IMPACTt Respectfully submitt dt e 0. Crs' arUB City Manager Prepared by: jAill David Ellison Senior Planner Apt?r, ed Jeff Key Dire~Eor o! planning and Davelopsmat 12t6a yy , Y P w i 1 3 a• ~'~iV WJ~ Y • w I r ~.v r ' .h'~. 'd~xa7 1° ,f. 4. 1 fi 'K L'•- T Fgi a Hercules 41 iNry Rao • Windsor Dr. R.S. L rN,~ # .r^ Y:y v` $ ' 3 ;'~5~1 p F,y Hk , k' a f',~ i rPw r " , as iY ,.'k 4% T ,+"xr"f ,,.E + x' (~dt iy~ [ ~ ">,w t~','.i 1 x d ~'.h4 v~• < y ~ ~1 ro # ~li. w:~: I~ Fox i ! . J r M~1 ~ hct~qut»ecnt asWapa 'Planning m', ~'osrirtg' ~'ontullant ' July. t, ig65 Mr, David Ellison City of Denton 215 E. McKinney Street Denton, Texas 16201 RE; NORTH POINTE ANNEXATION Dear David: This letter seOves as our request to be annexed within the City of Denton and to receive city services accordingly. Enclosed is our boundary survey, and authorization as agent. Please commence annexation proceedings at this time. If tau have any questions or require further information, pleaso call, Siocerley, *149 ;Ep Mel R, Jacque MRL;ed Enclosures cc: Swinney/Tebo Interests Mr, Terry Smith 60! avenue h, tart, smik 209, arlinglon, latu 76011(817) 640.6686 ; b ~ t s.Ah~ i 1 t~G tt VIM Zvi .6w S . f 4 n ~y d a' w l v r L r a ft T 4 e N 5 .~4 ,1 $is RO~ERTB SININNEY STEPHEN L TEBO July 2, 1985 The Mayor and Council City of Denton 215 E. McKinney Street Denton, TX 76201 ` RE: EVERS TRACT 412 ACRES Dear Mayor and Council Members: We herein authorize Mel R. Lacquement ("Agent") to act as our authorized agent on our behalf as owners of the property being requested for annexation and zoning, described as 412 acres gEneraliy located North of Highway 77 and West of FM 2164, having frontage on FM 2164 and being within the jurisdiction of the City of Denton, Denton County, Texas. Agent shall have the authority' to execute any and all documents necessary to cause the above mentioned property to be annexed and rezoned. EXECUTED this Fnd day of July, 1985. Sincerely, Stephen L. ~lebo SLT:km 12 Ofeenwer Pfetd + Suite 024 Houston, TRxes 71048 • 713-&%41304 y M pRsa „ 4` ~y~y w ,Yi r r .'ry7"ITr r«y j k n~ t g`. a p . a 'S, u s t .yeti .f c ~.:.p s i w , T " PBCf;tION ~ ~ 1 Al1N8X11PIQN TO THE PLANNING ANb EONINO CONNI99IOti AND CITY COUNCIL or THE CITY OP DENTON, TEXAS ,the undersigned does hereby petition for annexation of a rOX. 55 acres located at the NW corner-of FM 2164 b Pro Loop 288 in the extraterritorial jurisdiction of the City of Denton, Texas. The property is nwre particularly described in the attached survey description and shown on the attached map. The undersigned also certifies that the following requlred Information concerning the' land and its inhabitants is reasonably accurate and assumes responsibility for completion of said Information prior to scheduled action on. the request 'by the City of Denton. 10 Is petition being initiated by owner(s) or majority of registered' voters in area of request? Yes .-Y No If no, what' is ,th:`status of the applicant? t. How many` dwelling units are located within the area requested for annexation? 0 1. Now many businesses or nonresidential land uses are loeatsd within the area of the request? 0__ Please provide a general description of these land uses including the name(s) of businesses, if known 4. Does area of request include any territory within the city limits or extra- territorial jurisdiction of another city? Yes No - 5. Estimated population of the area of request. Adults ,r Children How many are registered Voters? 6, At the time of this petition, have any other annexation procedures been initiated for all or any pact of the area requested in this petition? Yes No 0 It yes, please explain the procedures begun and their status. Does a water supply diatrict lie within the boundaries of the area proposed for annexation? Yes NO 86 what zoning, it any, other than agricultural (A), is being requested under separate petition? -C rcibl. Multi family How much of territory is included in zoning petition? all 5 k P110tion for AAnRxailon PAO.• , Two S. Whet is the purpose of annexation? 1knify rc e n O TH aria isa _ davbinnmpnt. 9. Have petitioner(s) fsmlliatized themselves with the annexation policy, land' use policies and 'plant and the standard municipal service plan of the City of Denton? Yes X No Owner Name(s) Swinne ebo terests Telephone 713', 850-8304 5ignatur~(a) - Date Address(es) ;FleiicTnn~' TaYM~___,e„ 77pdfi - - If petitioner is not tha owner of the propertys statue planning s onina onsultant petitioner Name(s) R. c emen Telephone 1817) 640-6656 Signatute(s) Date Address(es) 04 AYL%nijVfl. Fast. 09 :fr]jdCtnn., 7011 OA67y ^ y, n a, W r .^yv efr 'y } rya.a r .7 f .Afet r r,.; i m~'x~3v n v ,,,fii,-.? . r! ` E d u ts° . r a . :it. r x vv'4 'r te'e' $ rM+ M R! L'a 7 7 n niw y &~r if r w T MW ; , DATas OEi1~%pS , Wy COVNCTL RgFORT rouu►r 45, 4 1 TOt Mayor and Memberi of the tit, Coundi FRONT C. Chris Hartung, City Managor SUBJBCTt` DISCUSSION OF POSSIBLE IKPOSLTION OF FBU FOR PITITIONS FOR %WOLUM l AAY ' AMEIl1 LION RBCCMKZNDATIONt II The Planning and Zoning Commission recommends that l fee of $250 be established for voluntary annexation petitions involving property over five (S) acrao in site. The Planning and Zoning Commission has recommended that no fee be' required for voluntary ragwadto for property Iasi than five M &eraa in size. ~iABILt Voluntary.annexatlan petitions comprise roughly 507 of all an0014ti0n ados currently. Many petitions appear purely spaculativa in nature and $on* recouping of costa of processing requests is the intent. A higher fae is not being recommended because of a feeling that it may discourage voluntary annexation on petitions. BACKOROUNDt N/A PROGRAMS. DIPARTMINTS OR CROUPS AFFICTEDt Petitioners, City of Denton IISCAL MUM goes, but nowhere near all of the cost of processing annexation petitions frill be paid by petitioners if a too is isposed. Respactfull sub.Altt dt • G. Chris a t ag city Manager Pveparad byt AW'd David Ellison 4a senior planner Appro U&r::tsb Jett udya birdetor'of Planning' > and Development 04SSa 3aq n xr 1i m ~y + d'a ny r .}i" n .fir s r . , a, i. . Pit n 3, t 4 w a pp 3 .Y h~ u!, k M 7& v~Yr C} r .Yy a fR~• ` r'n i a e . ' ! city OF DENTON MEMORANDUM DATE: August 13, 1935 T0: Mayor and Members of the City Council FROM% David Ellisona Senior Planner OUBJBCTi ANNEXATION FEB The Planning and Zoning Commission has recommended imposition of a $250 fee for 'petitions for voluntary annexation for properties over five Acres in size, the Commission is recommending no fee tot requgste for voluntary annexation for properties lass than five acres in size, Staff is placing this ittju on the City Council 5:30 agenda for discussion and input prior to revision of an ordinance) scheduling of a public hearing and final City Council action. w ' David Ellison senior Plgnnet as O952s a f X J. R 1 e q♦Lr VMS f 1 `4" '.H T 1 FM 0 ~ 1G ^ l >'~^f'~r4, yw ~~,,`n 11 a`...s7~p ^,~1ty;a1 1, I, Tril9r { 1 ~.,.i~i'p ~ 1 ?~i J♦ `~y 9V' rrl rh._, yjjt~°.^ u~ ~'a Y._° P l _ 8 r lit SL ~.li Date Attne4 Area A nexsd Location of hhhexation 85'=151 July 18, 1985 361470'aot4s Wept ot".~FM 2164 apptok"t V mately 7,000 feet north of Hercules 85-112 June 4 1985 60.38 acres Adjacent and east of Edwards V Road - Reddich (A-18)` 85-111 June 4, 1985 42.35 acres Approximately 500 feet IV north of and perpendicular to'ths'cehtetline of U8 Hwy 360 and west of Masch Branch' Road (A-15) 85-110 June 40 1985 93.67 acres 350 feet south of and IV perdand,icular to the can- teeline of us Hwy 380 east and east of aeesling Road (A-13) 05-109 June 4, 1985 136.SS'acres Approximately 500 feet IV east of the centerline of US Hwy.;177,and south of Brush Creek Road `(A-I1) as-106 June 4, 1985 150 acres West of Mayhili Road approx- 50 V imately 4,000 feet north of 100 1V I-35 and adjacent and north of the KK&T RR - Hammett & Nash City (A-17) 85-105 June 4, 1985 34.60 sores Approximately 250 feet V south of and pe^pendicular to the 'centerline of FM 426 and approximately, 2,000 toot east of Kayhill Road -.McDonnell (A-14) 85-031 February 19, 1985 111,71 acres West of I-35 North service V road, north of Marshall Road and east of T & OF RR - DeRonde (A-12) 85-030 February 194 1985 130.55 sates South of Robinson Road and V east of Nowlin Road Myers Development to. (A-10) 85-029 February 19, 1985 5.70 Acres North Of Highway 380 West IV and west of Masch Branch Road (A-9) 85-028 February 19, 1985 34.17 acres southwest corner of Ryan V and Teasley -"Archer (A-8) V Voluntary Annexations IV - Involuntary Annexations 0976] v 1 ~11i~ a v e K, t v l y Ap i yr t.. 4 C 1 4, 7 4" C Gf ih x 1h ~u~ 3. r~ w+n ds ~i., ,i• r1 ~zl~n~ tes 4 tl Y /r l L. July 109 19$5 Page $ F: ORDINANCE AMENDING APPENDIX A - DENTON DEVELOP BNT CODE OF pro- vide or e imposition of foes for submittin 'THE ME op--ORDINXNCES o e Cit y o en oIII n exas' to (UNAPPROVED) and rovidi ng a severabili~itions for voluntarny"annexations, rovidi y clause; p g for an effect~ve date. STAFF REPORT: Mr, Ellison advised that on April 10, 198.$ om® ss oI nn endorsed the concept of imposing fees for volun tary annexations. He said ordinance is now. resented for approval, that staff is suggesting a fee of 250.00 which is one 'half 'the minimum fee for zoning changes. He con- tinued that legal; department has urged that ectabltshed fee be'is reasonable as possible in terms of cost.. He explained that staff has been getting alot of petitions. for voluntary annexation and zoning of large parcels, that he feels many are speculative. He said there is no great detriment to the city to annex properties a'jlongg as no'- residents requiring service occupy, the premfses bU't,tliere are administrative costs in proceeding with the annexation schedule, IN FAVOR: None present. OPPOSED: None present. Public hearing closed. DECISION: Mr. Claiborne commented he has mixed emotions, t' hil He`feels $250.00 is reasonable for large parcels but ' he has problems with the small property owner. Mr. Juren commented that same costs would be involved in large or small tracts, however, he is also concerned ebout small developer. He moved to recommend approval of ordi- nance and accept staff's recommendation of $250,00 for voluntary annexation of five acres or more, with no fee for less than five acres. Seconded by Mr. Claiborne, Mr. Ellison asked Mr. Morris if that would create any legal problems and Mr Morris said probably not but he didn't know how breaking it down could be justified, He said he would look at it further prior to the City Counr,il meeting, Vote was called and motion carried unanimously (4.0), S% + ~ 777. n ~ ~ ; < P ~ "t r: 1Y R aM Y c' ~ y r fA. a v 1 'F Jr. k a e a.',r ~ir ~Pa l .,c t V r 2+,. ~ t i V 8%Zt1gS Cl `COUNCI? L REPORT FORMAT TO: Mayor and Members of the City Council PROM: G. Chris Hartung, City Manager SUBJECT: Approval of the following pprei'minary and final pplatst 1. Preliminary plat of tale Arts Council Addition, Lot 1, Block 1 2. Final Replat of the Original Town of Denton Addition, Lot SR, Block 18 3. Preliminary and Final.Replats of the Owsley Park Addition, Lot lA Block S 4. Final Replat of the Wainwright Addition and the Original Town of Denton (Victoria Square, Lot'l, Block 1) S. Preliminary. plat of the Consolidated Properties Addition 01, Lots l and 2, Block 2 RECOMMENDATION: The Planning and Zoning Commission recommends approval of the above listed plats. SUMMARY: BACKGROUND: PROGR~RAMS,yDRPARTMEI TS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: There is no impact on the general fund, Respec fii s m ted • Prepared by: q' City Manager en se 'p vey DeVelopment Review Planner 1p ro Director bf Planning and Nvelopeaent' 1213a µ { v\ M /f! ~.W t A fi' l r' n X ~G s k ,n, +Lf e k Iliac i_ WIN a p 1 tNr f r u A Y ~ ,,y r 'P] A ~ ` r v 1 . ,3 p d7 ,"A" lr 4,. ~ u' W+i } a k' ~n rt~ t '4 h-r I~ K ~ .1 t F'~7 Y YI '.4 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: August 20, 1985 SUBJECT: Preliminary Plat of the Arts ~ouneil Addition Lot 1, Block 1 SUMMARY: This tract;is~ 0.6 acres located at the'southeast comer of Bell Ave, and Mulberry `St 9 'Chia tract is shown in the Hiram Sisao Survey, Abstract 1184, Denton, Texas. The property, is'Zoned heavy industrial and office deVolopment'is anticipated. city services and facilities,' indludinq wetet, gas sanitary sewer, telephone, eleotrieal, and solid waste, are available. The plat conforms to the minimum requttements of the Denton Subdivision and Land Development Regulations. The Greater Denton Arts Council proposes to move a house on this tract and renovate it for office use$ ACTION REQUIRED: ApprovaL of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval. ATTACHMENT! Reduced plat NA; Denies Sp Ve Urban Planner 13018/1 ytg t . ~jLjp PIOL, lQ a~a y 10 _ Lott, YAP _•.w. r irmm41.4 YIILICARY ITN ET r wm m Not I K. fpm t WAVY m4," nit j } ~ r 7 / k bR ilk lr rn' mn 1N[L%*w FLAT -TA- ARTS COUNCIL Afvvv" NNUYg00 ty~rn 1amN Gib aaHmmii 0/ YCNt_ QNi Tf,~ll , f2l GEIVrfj JUL 2 4 1985 rYt ARTf oouwow AoolTloir rui.a. ~ w.~rue. • ' ' mmmdrt.o.m.i~."'wNwriwmhaw Aw r r ILL R, 1 4 1. ff f yr `zp2 / C1 / CITY COUNCIL AGENDA HACK-UP SUMMARY SHEET MEETING DATES August 20, 1985 SUBJECT: Preliminary plat of the Consolidated Properties Addition No. 1, Lots 1 and 2, Block 1 SUMMARY: This tract is 5.0 acres located on 'the easy, side of Mascn Branch Road 11800 feet south of Highway 380. This tract is shown in the William Bryan Survey, Abstract 148, Denton, Texas. " The property is zoned commercial, and commercial development is anticipated, The plat conforms to the minimum rbquirements of the Denton Subdivision and Land Development Regulations, Sewer service will be provided by an amoroved septic system, Domestic water supply will oe provided by a well system, Pire flow require- ments will be met by a water tank and pump system. ~a , r'r 1 ` a f or NM all, ACTION REQUIRED: A pproval of the preliminary plat RECOMMENDATION: The Planning and zoning Commission recommends approval, ATTACHH2NT: Reduced plat Denise Sp ve Urban Planner 1193a/5 OWNEA X~ it EVAN'S erfry ,Jwa. 04 a....r.-,~ fNA W,I YwJ.wrMM • z D CC. / ZONED MCOMM ftAI w / ER t L ~ N H Q rr I+rllw nlt . t bar. ~ 1l W 1 .0! .mod' 1 boNN.n t MI71 ~'k;ltl;; 1,1N ~ twr E; IM W u1trM AffMNp~nllnWll/ r1NIM r/~fffllMlrNM fi W Wig I 1 rMii 0~ilulfN 1 MM~ Hip If ~1l1 1 1 at~•/f I.1/M I twil N1l~yNtwM~ IfN ~1t 1~f man Mrrila1a t ~"1 ~ 'Lee Ilp i1/1111~Y~1y~1I1I~Ap1r U lM I~,y~,l/l YIIr I t1U tf.1llitNM,lr1 tt pN 1~1ltlriipj'1 N1.ffl r^ mm, Mw M~p li flMl IMnl11 4. 111. led 111 W ~MlIt.IM1t 1i rt 1P: I If_tpl W W I I 1.}ri 111 IIMlrf/ awl "60, Ills WV u piu , , ~uU W NUr mier.e If , I~ MM W ,u1 H qfN/ Uf, • pl of clo loo sell n. 0 0 14P 1014, 01,41M it. two wy',„ 1.~ ~ww f'iiM~INN'y1N { I. R f (~~1111g10 M11 ttltVlGti/ MIa t+~ IUI; 1 l A. W M W "I 11 11N+ IW~f Pilo MMMNI ~1 ;lMMtt M,11 W f! SINN ~ q M N, f IW Milll WW tMkl aIM 4rW Nn I 1 IM+1u~. ttr~u 1~'MM' EC M11 1 > }+al ri I 1 f M»l wII Npf6 soma lost 'I Z' w Iw ~u~.ri~+i Nt.p kla60's l 1 11y1,Mn1 r.it NMI Stu A MANIA" PLAT OF ..1. fOr lllw jk1/1,~irf! r1211 f01 of Ar WIow, l~ Iw IM Ip MWfwu 111 is?W:A if Kf1UA1M PP4PffM AW1MV NO.I Met ENMADVOLIMORI t1011~IkkOA111) M~" trur L Its hOO604 1 Alift 0 Mallon MN ILI Ki it /NM saw, 11111111 IIIILAW 114At+ gq1t1li~aa~ ~l1.f1~ 1 1 ~naou~ ttlW rt~M PUM. MAS tion WWI ~ 1~t } W fUt1t11G1~f1lll x1111 1 # ban IlFtltl (IitlN!-!NI M Ilpl 1141 M, I/NIi N +aG~u w a 1w pN1f w IMMN M111M1 AUOUyt, 40!13 Most CITY COUNCIL AOSNDA BACK-UP SUMMARY SHHET MEETING DATE;: A:lgudt 201 1955 SUBJECT: einal Replat of tno Original Town of Denton Addition, Lot 5R, Block 18 SUMMARY: Tnis tract is 0.3 acres located at the southwest corner of East McKinney Street and Oakland Street. This tract is shown in the Hiram Slsco survey, Abstract 11840 Denton, Texae► office daielopment is anticipated, 'City services and facilities,, including water, gas, sanitary sewer, telephone, electrical, and solid wasta are available. The plat conforms to the minimum requirements of the Dantun Subdivision and Land Development Regulations. ACTION REQUIRED: Approval of the final xeplat RECJMMENDATION: The Planning and Zoning Commission recommends approval. ATTACHMENT: Reduced plat Deese Spi ey Urban Planner lo~sa EAST$MeKfNNEY STREET + trit►. RAW. P.0.8. A kill &A, Ee'et LOT I LOT dR, BLOCK li 0.344 Ae. r A o g b s 47i4 ► SF4. WEST mioar YD~~ W LOT 4 LOT 6 I. i EAST OAK StR1ET FINAL REPL.AT ORIGINAL TOWN OF OENTON {~f LOT OR BLOCK li 0,344 A4: OEM A REPLAY Of tor 8 BLOCK ORIGINAL TOWN Of kNT&~, HIRAM fISCO lURvtY A-1184 " wo CITY AND COUNTY OF KNTONO TEXAS d OWNER IACAY10k MAF OAR--. - ANN i ORA►IGC f`ttf i D41Y AMIEN a - u r' 1.-h r f~ .r. 1 wn•. r r. v:6` j CITY COUNCIL AGENDA BACK-UP SMMRY SHENm MERTINO DATE; August 20, 1985 SUBJECT: Preliminary and final reoiats oZ the Owsley Park Addition, Lot 1A, Block 5 SUMARY: This tract is 0,3 acres located at the southeast corner of Bonnie Bree and Stella Streets. This property is zoned multi-family and church development is anticipated, i city services and facilities, including water, gas sanitary sewer, telephone, electrical, and solid waste, are available. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. The purpose of the replat is to allow tho existing church to construct an addition without crossing lot lines, ACTION REQUIRED: Approval of the preliminary and final replats RECOMMENDATION: The Planning and zoning commission recommends approval, ATTACHMENT: Reduced plat DOnaespve Urban Planner 1301g/z 1 [Art TO 111140 As la'stv to Ow" U i 1 9 W uift ts $ s Ij r Vt cr MIT,* IQ II to DORKA to opes ton 1 11 r. fla A Mi IUA 4MIr17. M w 1177 rep clown ra A i WoriVo, its U, AS f it h ISO Put v, M Is A1IAYMl 1, , ran 6 AS, 116 1 ! "'Al AI N'vfsAr H KI1tY11Wnf 1f11o/. AM nrwl 11'01 YM turuAU N1t11W L ge,Ln4r ,y Am Miss At "A wfstrut IMYII be u. 1 We UnlrtrflCl M 1 lYY1r kIw1AR Mt M In114 LIA 1trAl fsA Wl UVPMP Lln M+ M Ilwllt W111MG / Sawn. .n.,.r.I •W '.11 U ".WC. 1t AIw1111 AM Ii RI•wi W1 VITAL IM I ~fs 1v,tr M nur 0 rWn Ml av fs1 W II II AW M ITYYLII 91010161 110 i1N 1 W hit SeliftimIl colf1win A p1µ 111,1/¢1111 104.10 OUT AS a ISO of$ Of tell y istiMMl PAM IS v1 rt 1 i TEIIA gYRE ET - ~t •'~r IYrMt {Cfn W Mtl"$ We +Iwll! YW 41 $MAR: ult A IIs1uY ' N R t..'--- r •-----r~ I 1» Iw.II tuf ro u Irw 11{ a nn w1 nwt rLM% of lM fl IV ~1 III ho 11103'11IV wIn 111 TI After Yrt tY M..wW 41AI rut lie It f 1 M yn -~rier~ W PM 'Id Ipltlfs,Al .7"11 N LM . 00 11ll a'frnlwt r1Aw.1 N !k r+-+-- r -••1_- t ' F! 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W I"'It tot, rt !'.gAyl~ A,JA;e;4r I .A 1110AaHU01 W M A.. t lt11r0 11 Y'00 I!Y Pt _i 1 .Un7f wo * .1JIfJ P.A1 • TYIII f !r",11. 'NO V Irt.ITS! IINA I .YI N rAN JY Y1µ u1 , 1!0 •tlt{ YAI It or r Lot S 1'u '.N'I 1UIUV19 YI Y 1b{br f1A q ~41f YrtOl111. 1 fqi! 6 rh1 iIT U,Y' 1 , I• 4L 1I01IA'r I 111.1 4 TI I IYIh 1 I to Plot 11 1L1, 'Vr iz w ♦ N V•t. ''4 + ~rf. 'RA 'Nr UA•M it PAO 14 r", ff / 1 ~d 1 itl M4,: r+I rr It, r I1 J'11 N ri f..'ai.Y,I YY fIt i Y JaAl ~ r fs ~r ti CwtTR11, t+IURGIe 01 000 AW 0 11 11 M , I T ✓ M.I. I I 1 gg~" 1• to Lou 10 ~ 0 Lot 11 I N n iff ritd A. Y{h"".r'-j w`. 01111 t Ga1111 Of O%W"ItrrrA 1 Lot WAN ust pbrf. L pipe led lrnuf a Ne.Kp M RECEIVE. t,!io Q 8 ;985 9 e■f PRELIMINARY L01 0- A A REALIYL YI...,Yri,{..L" 1 )~,0" j. font cA. w CCNlULTlgt1 EMMhtttN tL /1MVtrt1A1 0YJ9L9V._P K AQCITIQN art peel7ow! A 1 i H T ff 1 STAll or low a I [11114 of atom l a Ito vggkw rw catl AN SAO or 990" 1i1A1 If TII a1n/ of WON I I riGN1tY ILL! 1 1. 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W laooll try Plant A 11110411 or IN.w Felt IN "it 9610.0 MISSION Amp oNTAI11a 1.111 KW W IAPA. ' ~k%Aft I" Sits tW10611 Oft TOM Nr If WAS 1111wYN1 1Kit It, 1,.7TC4 IM TWI C1lKA 00 ON b woTM, WAS to norlit ANN Na ton.At. wIJNAt1YC to Rain Swims Simon u tot vs. 1110 110 OF Tw woul IAN Milo to lls ' fill b NNW. Tiir/. V* 11 111111 8411UN n "Al Mk14 M "Rink, no 1111111 M IAIae11t1 11o11 KUYA. Lis 119110 1 r ~ lfli'1fC11TiT- Still "R1F,III LO T: 1'A ITAft or WAS a twin of wlxr NO f y O!3! Ik'M.S V ItbEl it 1111 IS Id ODS 41AW Pun It 11 w PIS WI/ a//n b « Q u1 n.n o bif N1 NA"YU.u u m1,, u1 IM Ink WI. L. P. Jt i 11Aolir, lla WTIV. 41111osr iRYI N M N it l • I /tIKOI 111 calf in Kokotl4 of n fi1Ml IWY. IRS IM1bea , &4o I i M/m is a 1111 fort tiKow 111 IAN 101 fit I /WalS t 110 cLANItIWf10tl fNelto llrlula, AAII is fit CAPttn I I ]I ~r r1la ll HS1r11 1 o [1171 rlliyl on W /N But ~f orrln IV IS 141, of _ n f Y~ h d izcrn-nuTrtra~-><1srY~-T-- I LOT ! su mfooI I ttrnn4n j I" nwo at If Tae Ppl1r111 1101 t SAW V. 111t1rn. 010aTfas P4tI111WN a'/,tf01. N flAtlf ttfilm fw 1 nlrAAU 1111 " foil &4 ttnAt Sol ACCI'un NINE a 111 LAW. Iw 1oAT fa Jim 111114E bll0y r It N t, I SIAS PLtl trio trn N~ 4 I MV1,1100 10 ACU16O1t1 oils INS i V pR(II ~It CCU000 w~ , LOT 10 ~d lOf II ` `t[ CAP V. i ( it iI ~ laMt. I 111 rlr ~ IDeiN t stelfl Fee REC~utu au.q Q $ IM Wii11 t sent 1.1101.111 11 1 p id _ _ _1. .art/ IsIC tarsal l . $ • LOT !•A, A RIEPLAT Of LOT$ I (.I I KOHN 1 1*111 f1, CottSlKTtlla [1101AT RS 0 guntrONf OWSLU PARR ADDl710M e111 Fins wr t tQh! A, A or k ItN AI N 10 w 151w' Q4 lRh d dy a . iti~ a vt b CITY COUNCIL AGENDA BACK-up sirrn''„ y 8_ HST MEETING DATE: August 200 1985 SUBJECT: Final rs lat of the Wainwright Additioh and the Original Town of Denton Addit),on (victoria Sgiare, Got 1, Block t) SUMMARY'. This tract is 1.6 Acres located xr corner of South Locust and East prairienStj a st This tract is shorn in the William Loving purvey, Abstract 759, Denton, Texas. The oroperEy is zoned commercial and office/retail development is anticipated. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available The plat conforms to the minimum reiltremente of the Denton subdivision and Land t val4pment Regulations. ACTION REQUIRED: Approval of the final rep]at RECOMMENDATION: The Planning and Zoning Commission recommends approval. ATTACHMENT: Reduced plat DisSp vene " Urban Planner 1301gl6 p . e a1 , .re Y: • : ~1 A . T -7-77, i . r, r f jt 10}{►{. Nor e'll' 14I e.a9taa'io"c. 262.ta' d tocat►oN Mar ' Dow I LOT j N Trod ri y i YI 8 ~.~...-I.. aLoaK N g I ?4 iroa~opo 4? v O „ J 6.a9'a6'o9Y[, 49.91 i,ttl a ~ ~ ~ f riat/ 1 J yf W. 690 6 oa w. Ha. a9 e~ '-PArIRIE (6o KO* RECEIVED JUL 1 7 1385 FINAL REPLAT C L T ELO' 699tH A R[PLAf or PART OP LOT LOT* III PAM OP LOt Io,NANWAI w AbWlft, AND PART b1 Lot ! AMU% ALL Of lb BLOCK Nib 1 aOR161A,~L fLLI /URV CCtRRbb MCK O[LL , Ow w Y~l # ,yI M t *~9 y ~ I 1'r T l' ri..l rY4..Y., M' i' P Y'~Y to n rti i n .rd z v d q~f DA18i ar7n~es CITY COUNCIL R U R= 9 = 'CCs Mayor and Members of the City Council PROlis Q. Chris Hartung, City Manager SUBJECT$ Z-1754 ' ~'I4lts The its m Planning and Zoning Commission recommended approval of Z-1754 at aoting on July 240 1985 by a vote of 7 to O, AMMAR: The pstltlon of James D. Lynch requesting a change in toning from agricultural to commercial on 1,402 acres lucat*A at $24 S. Loop 288, 6ACKQJLQ=s The property ie located in & high intensity area which oneouragos commercial development but discourages commorclallsation of major thoroughfares. lUM44A..~11gTMBN=B OR 3ROUP8 AfPBCTBDs Reply forms were mailed to four (4) property owner,. Within 200 feet. al" Immi No Impact on general fund. Respo0 fut aubm tt : : e y 0. Chris Hartung Propared bys city manager Cecfto Cation Urban Planner Appro s Jett It•yi blr#ctor of 01innlrg and Doslo"efit l2064 *lit r t~W . ¢ "'IVOWITI A F'r, -S i.,,y a > 5 fS .i ti[ YtsE T eY '~i s¢ ;m p -,:X PLANNlN4`1~ND WRING COMMISSION RBPOaT TO -CkVY COUNCIL To: Denton City Council Case N_~. 2-1754 Meeting Date: August 20, 1985 GENERAL INVORMATION rRe icant: Janes L. Lynch Lyncn and Lynch, Inc, P-0. Box 1943 Denton,• Texas 75202 s of Applicants Financial Interest sted Actio n: Change in zoning from the agricul- tural (A) to the commercial (C) classification Location and Sizes 1,402 acres located at 524 Loop 288 and shown in the Nary S. Austin Survey, Abstract 4, Existing Lana Use: Single family residence Surrounding Land Use and Zoning: North - PD-41; vacant South - Light industrial; vacant East - Light industrial; vacant, offices West - Light industrial; vacant Denton Development Guide: Area is designated as nigh intensity, SPECIAL It,FORMATION Drainage: Tnis tract is located in the cloodplain. The develupmenc will have to be reviewed during tn,2 platting process to determine the type of drainage improvements that will need to oe made. Transportation: The property is located on Loop 2880 a part of the state highway system, requiring 120 feet of right-of-way, Limited access will be allowed on Loop 288, Sidewalks will be required along Loop 288. n ~r v,a* w 'ern,,:. r yr_ ~x $i<s~;'f~1 ~!''j;4y r.. r + .+.+^L r ~a~, y r h., 9.,~4 ! w,t SPECIAL *NFURMATION (continued) Utilities. Electric, gas, and telephone services are available to this site. An existing 18' to 30' sanitary sewer is located to the north of this site. A 20' water line is being installed on the west side of Loop 288 and will be operating in several months. ANALYSIS Tnis site is located in a high intensity area. According to the Denton Development Guide, the Golden Triangle Mall to Mayhill area should have a commercial emphasis. The Development Guide encourages a subtitantial employment balance wnich is intended to provide 600 acres of commercial and industrial uses representing over 111U00 jobs. However, the Guide discourages strip commer- cialization of the major corridors and encourages diversified land use. RECOMMENDATION Planning and Zoning Commission recommended approval of z-1754 by a vote of 7 to 0. ALTERNATIVES 1. Approve petition 2. Deny petition ATTACHMENTS 1. Location Map 2. Repay Form Totals 3. Property Owner List 4. Minutes of the Planning and Loning Commission meeting of July 24, 1985 1141a ~ ~ y ,&~t~1 py, ~ tYp'a + k r ~ hdr, i ~ ? ° e e jI r Ll Lr r ~ P D 41 I r 1rr L l I I S•170 i 1 L I I t ~ I I I I 1~ s~ ~ r LI Pb Sa PD-15 1 L l D i~ gr8 1 • rrrrryr_ I rrrw_r 1- r ~ ~ / S•100 ! ~I J~ r I If I • Po- 70 •i do lop 'log / 1.1 Pb • 92 ; X } y 1. d?S I MI p 5 ~I Ae t k Y wt v PROPEI OWNER REPLY FORMS CITY, ''douNGTL x-~7~a4 Itr' FAVOR IN OPPOSITION ONDECIDED Shaul C. Baruch None Received 13601 PrOtton #709W Dallas, TX 75240 r ,.J t~~ '1 V,'. ~~t i f 7~ `N«- tf9"IS ra.~i;r ' ti V 'l D 5. 3750 - , U :Saar 53 -o soul, Ao Z- to 5 i 7 P r d b'.~fp .fit < r w♦ §f, 9 ~a ~n t " ""T - i h s i y i,F 41 JU its Page'25 A. Z-1754. Pctition'of.James D Lynch, representing Lynch and Eynch;r Ines, ;requesting 'a change in.zoning frotz the agricultural 4)'to the commercial (C) classification on a 1.402 acre tract. The property is located at 524 Loop 288 (UNAPPROVED) and is shown in the Mary S. Austin Survey, Abstract No. 4. If the change in zoning request is approved, the property m be utilized for any use permitted in the commercial zoning classification by the City of Denton Zoning Ordinance. Four notices were mailed to property owners within 200 feet; no reply forms were received in favor or in opposi- tion, PETITIONER`: Glen Lynch 'stated this property, which'has never been zoned is located,'~ust across the street from the Social Secut ty o fide, that surrounding zoning I's either commercial "or light industrial. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Carson stated that property is located in a g ntensity area, that there is considerable com- mercial and light industrial zoning in the area and request would be compatible with existing zoning. She added that Development Guide encourages a commercial emphasis with a substantial employment balance in the Golden Trian le Hall area but discourages strip commercialization of malor corridors. She continued that property is located in a flood plain area and there is a possibility that dur- ing the platting stage drainage improvements may have to be made. All other utilities are available. Staff recommends approval. REBUTTAL: None offered. Public hearing closed. DECISION: Mr. Juren moved to recommend approval of Z-1754. seconded by Mr. Pearson and unanimously carried (7-0). VY 3. i . , a r 7 77";r t, 1171E NO. AN ORDINANCE AMENDING THE ZONI14 MAP 01' THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF OR:TNANCES OF THE CITY OF DtNTON, TEXAS BY ORDINANCE NO. 69-I, AS Ar:.+VLED, AHD A9 SAID MAP APPLIES TO 1.402 ACRES OF LAND LO;ATED At 524 LOOP 28? OUT OF THE MARY S. AUSTIN SURVEY ABSTRACT NO. 4, AND AS IS HOKE PARTICULARLY DESCRIBED HEREIN; Td PROVIDE FOR A CHANCE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL "C" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PEN:,L'1 XS A MAXIMUM AMOUNT OF $1 000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DAVE. THE COUNCIL OF THE CITY OF DF.NTON, Tt:XAS, HEREBY ORDAINS: SECTION 1. That the zoning classification and use designation. of the following described property, to-wit: ALL THAT CERTAIN lot, tract or parcel of land situated in the MARY S. AUSTIN SURVEY, AESTRACT NO. 4 City of Denton, Denton Countyy, Texas, being all of a called 1.5~i acre tract of land conveyed by James F. Hayes and :rife, Patricia Hayes to Robert S. Liner as recorded in Volume 836, Page 819, Deed Records Denton County, Texas and being more particularly described as foliows: BEGINNING at the Southeast corner of said 1.54 acre tract in the west Right-of-Way line of State Highway Loop 288, same being the Southeast corner of a 2.546 acre tract of land described in a deed from 7i►omas W. Laney and wife, Christine Dickie Laney to Alex Dickies Jr., Trustee, at al, as recorded in Volume 630, Page 238, Deed Records, Denton Countys Texas; THENCE N 86°41151" W, 206.31 feet (called 238.10 feet) to a found iron rod for corner; THENCE N 02°11'09". E, 299.11 feet (called 300.00 feet) to a found iron rod for corner, same being the Soutnwent corner of a called "Tract II" in a deed from George Hopkins, Trustee to Alex Dickie, Jr., at al as recorded in Volume 776, Page 66, Deed Records, Fenton County, Texas; THENCE S 86°26'01" E, 202.93 feet (called 2)2.99 feet) along the South line of said "Tract I1" to a found iron rod for corner in the West Right-of-Way of State Highway Loop 288; THENCE: S O1°32'00" W, 298.26 feet (called 300.00 feet) along said West line to the POINT OF BEGINNING and containing 1.402 acre of land, more or less. is hereby changed from Agricultur,il "A" District Classification and Use designation to Commerical District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 11. That the City Council of the Laity of Denton, Tern, hereby finds that such &aqs is in accordance with a couprehen#;ve plan for the purpose of 'promoting the general welfare of the (Ity of Z-1754/LYNV AMD LYNCH, INC./PAGE 1 { µ . r, ~.'w. , q r 3k rvrl t .vF tN t. Oegtoa, Taxies and, with reasonable 6naidatation,; 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 Wean lives and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilt of a misdemeanor punishable by a fine not exceeding One Thousand Dollars "($I 000.00). Each such person shall be ddemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance, is committed, or continued, and upon conviction of any such violations` such person shall be punished within the liW s above. SECTION IV. from That this oof ice rdinance shall become effective' fourteen (14) dcted h to acause the p captagion of this City ordinance ce a to be h ayys re published twice in the Denton Record-Chronicle, the official 'eevapaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1985. CITY OF DENTON, TEXAS ATTEST: CIQQILtS a CITY-SYCRTTM CT.-Y OF DENTON,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYUVITCH, CITY ATTONNEY CITY OF DENTON, TEXAS SY:L,/,'> Z-1754/LYNCH AND LYNCH, INC./PAGE 2 y'~?Shf+_ ',s1-f'"'cr'- yw f`ir'&i+,°55:M'.~.ri''_ la Y", ' _ r q 7' 777l oAtz: 8r20res i st V COUICIL IMOILLORMAT T0: !Mayor and Members of titre City Council FROM: 0. Chris Hactung, City !tanager SUBJBCT: PUBLIC HEARING FOR ZONING CASE Z-1757 RECOMMENDATION: The Planning and Zoning Commission consldered this item at its meeting of July 24, 19$5 and voted to recommend approval of Z-1757 by a vote of 7 to 0. SUl4SARY: This is a request for a charge in zoning from the agricultural (A) classification to the light industrial (LI) district on a 3.7 acre tract located on the west e;de of Cooper Creek Road approximately 150 feet north of U.S. Highway 380. BACKGROUND: A. mixture of land uses including industrial, retail, commercial and residential usa7 exist in this vicinity. Industrial and cossaercial uses exist to the north, south and east of this site. This proposed land use of office, showroom, industrial warehouse is compatible with other land uses in the area. ~ROCRAli3. DEPARTitENT$ OR CROUPS A1'JECTRD: Not applicable. KISCAL IMPACT: There is no Impact on the general fund. Respectfull subm tt ff,6440 0. Chris Hartung City !tanager Pre^ired by. J&A'W' t ed.t , Danise Shy Development Review Planner Appro ds Jeff Meyar 31 - IV lk Director of Planning and Davalopmant 09~'4i lyj""ry,t"~ q~ v Y b~ n7T r 7't 777- i lr' i u n: ;e y A''n,: • N~~ PLANNINd" AND aONrd CGNAItSSION RECONMMAT16N TO THE'CITY'COUNCIL. t: Denton City Council Case No.: 2-1757 Meeting Date: August 20, 1985 GENERAL INFORMATION Applicant: Harrison Investments P. 0. Box 671 Carrollton, Texas 75006 Vat Brady P. U. Box il43 Derston, Texas 76201 Status of Applicant: owner/Representative Requested Action: Change in toning from the agricultural (A) classification to the light industrial (LI) district Location and Size: A 3.7 acre tract located on the west side of Cooper Creek Road approxi- mately 150 feet north of US Hignway 380. i Gurroundissg Land Use and Zoving: North - Industrial; C Soutn - Light industrial, retails GR, LI East - Retail, vacant; C, A West - Vacant, residential; A Lenton Development Guide: The property is on Lne fringe of a low intensity area and along the limits of the study area of the Development Guide. SPECIAL INFORMATION T r i::. L L I t iou: The property has frontage on Cooper Creek ;toad, a secondary major arterial with AU feet of rignt-of-way. Perimeter street paving regulations are applicable, and a sidewalk is taquired along Cooper Creek Road, 1,~ 777'7 Page i1vo SPECIAL INFOA14ATION Utilities: There is a 10" water line on the east` side of Cooper Creek Road which will not provide the required fire flow of 31,000 g.p,m, A 10w sanitary sewer on the east side of Cooper Creek Road may not have capacity. Drainage: A drainage study will be required to determine the effect of development on this tract, and detention may be required. ANALYSIS r This site is located outside the defined Denton Development Guide std-i area howeV~ Y t. ~r, sites outside ,ne study area are generally considered to have a low intensity designation. A low intensity area is located south of this site, A mixture o' land uses including industrial, retail, com;,tarcial, and residential exists in this vicinity. Industrial and commercial uses •;xist to the north, south and east of this site. The proposed land use of office, showroom, industrial, warehousing is compatiule with otuer land uses in the area, RECOMMENDATION The Planning and Zoning Commission considered this item at its ' meeting of July 24, 1985 and voted to recommend approval of L-1757 by a vote of 7-0. i ALTERNATIVES 1. Approve petition 2. Deny petition ATTACHMENT 1. Location Map 2. Reply Forms Total 3, Property Owner List 41. Planning and Zoning commission minutes of tns meeting of July 24, 1995. U923s N I a D-18• L MF-! 57ris, ~+LL 4 1 C ' ~r HEX A 380 2F 1 0* 1 _ l_ _ AE} 54 A ` r4 1 r ' 79~~ L ' A 0 r N.. j . S-5 r SF-10 i 1 '-----r - - ' PD.- 73 J F . A L l Il.i.Ll i.l LI .tL.I;• I -r rJr r,.t~ 1 F,1 L' 1 f 1 d 1 • rr.. -rr F77, dgt"~a' 4-- r , i i 't:~ o r r i~ y ~ ; ~?C t at'aP+ as <1., ~ R r i r.t a dl' ;p ~~3V 4MT A kn PROPERTY OWNER RM ° FORMS CITY CbUNCrI, Z-1757 IN FAVOR IN OPPOSITION UNDECIDED Buford Harrison None Reneived 2519 Nature Bend Carrollton, TX 75006 r V boom i a 4q 1A qw-mmftwmft~ 11 V 1 ] i " Y F v,TP4 Nr y i P 3 " ,t+ n;}?• xG 1 .;r ~ F 1°• }:tip ~ w •.e i ` ~ e . to ^O~i^'` i # :Hitt r ;4 4rp. y "24; p9ge '4 C. 2.1757. Petition of Harrison Investments artd.Pat Brady Ming a changge in zon_ng from the agricultural' (A) district to the light industrial (0) classification on (UNAPPROVED) a 3.7 acre tract located on the west side of Cooper Creek Road approximately ISO feet north of U.S. Highway 3808 If the zoning request is approved, the property maybe utilized for any purpose permitted in a light industrial district by the City of Denton Zoning Ordinance, Five notices were mailed to property owners within 200 feet; no reply forms were received in favor or in opposi- tion. PETITIONER: Charles Goetzer, representing the petitioners, s a e at requested zoning wound be compatible with existing surrounding uses: He described those uses as warehouse, industrial facilities, truck stop, Denton Busi- ness Park, and an appliance service building. He said there are a few existing residences next to the site but. to his knowledge no new residences have been built, He added they feel they are requesting highest and best use for the land. IN FAVOR: None present. OPPOSED: None present. STAFF, REPORT: Ms, Spivey stated that property is located fff-g'-loW- SE'ensity area uhtch is adjacent,,.to a moderate intensity area. Property is outside the Denton Development Guide study area and such areas are generally designated as low intensity, She continued that ;urriunding area has a mixture of land use3 including industrial`, retail, com- mercial and several residences. She continued that even though this is a low intensity area it has not developed accordingly, that proposed use of office, showroom, indus- trial and warehousing would be compatible with character of area and, for that reason, staff recommends approval. REBUTTAL: None offered, Public hearing closed. DECISION: Mr, Peart,on moved to recommend approvai of V-1757, ` Seconded by Mr. Juren and unanimously carried (7.O), Cn sr; ~f 9".lr a z ~1 v.T g4-0 7 ~r "T i. m~ yut r is I~'lIrv r7 1 7 77 ; gAYHc'e~2oics oYTy 00ut+ciL nPOr 10k1LLT too Mayor :end `1(eatbeei of the Ctty Council FROM 0. Chris Hartung, City Manager 8URJ8CTs Z-1756 RICOMMDATYON: The Planning and Zoning Commission recommended approval of z-1758 at Its meeting of July 24, 1995 by a vote of 7 to 0, SUMMY1 A proposed planned development on 29.24 acres located north of Robinson Road and *set of Lakewood estates. She planned development will include duplaxer four-plexeo, general retail and open space. BACK„OROUNDs The property is zoned agricultural, planned development (PD-54) and planned development (PD-61). The existing planned developments include duplexes, four-plexes, general retail and open space. PROGRAMS. DBPARTMBNTC OR GROUP) 11pi~BCT8pI Reply forms were mailed to four (4) property owners within 200 feet. MQL •_X t No impact on general fund. Rsepectjul subm t s O. Chris Hartung City Manager Prepared byt iYL Cacti* Carson Urban Planner Appro _U44000--, JalE Meyar. Director of Planning and Community Development a97~~ , . 1V~'~-,rA Y r.".. 'tfK.r !t.y~ ~ ~i{r rr°,•~,"T 7, ,i t~ ;tai .:h . r Denton City Council Z-1758 Meeting Date: August 20,085 (18NSRAL INFORMATION Applicant: R. J. Burton Rto 7 Denton, Texas 76205 Status of Applicant: Owner Requested Action: Change in zoning from the agticultural (A) and planned development (PD-54 and PD-61) classifications to the planned development classification The following land uses are propceed: Duplexes (2-F) - x2,23 acres Four-plexes - 1,.70 acres General Retail - 1.83 acres Open Space - .48 acres Location and Size: This is a 29.24 acre tract located north of Robinson. Road and east of Lakewood Estates (S-166). Surrounding Land Use dhd Zoning: North - Vacant; agri-lltural (A) South - vacant, resideqial; agricultural (A) East - Vacant, agricultural (A) 4redt - Residential Lakewood Batates; S-366 Denton Development Guide: This property is located in a low intensity area. SPECIAL INFORMAfIUN Transportation: Robinson Road is a collector street requteing 60' right-of-way and perimeter street piving, sidewalks 4 will of required along Robinson llkoad, F4 (Case (.11155) Page Two SPECI W INFORMATION Utilities: There is an 8' Ovate: l+ne on the east side of Teasley Lasieo A water line must be extended approximately 2,500 feet to the propercy and across tht property frontage, A 27" gravity sewer section is approximately 1,000 feet north of Robinson Road, Drainages Tne property is located at the top of a basin and detention may be needed after drainage study information is reviewed, ANALYSIS According to the Denton DeSelopment wide, this site is located in a low intensity area intended primarily for residential land use, Tnis planned development does not violate any Development Guide policies and is compatible with surrounding land uses. "Pne property is zoned agricultural, planned development (PD-54), and planned development (PD-61). Tne 6.264 acre planned development (PD-54) includes the following land uses: General Retail - 1,25 acres Four-plexes - 1.07 acres Duplexes - 2 42 acres Tne 11.53 acre planned development (r•0-61) adjacent and to the went includes Duplexes - 6.77 acres Four-piexes 1.92 acres Recreation - .42 acres Right-of-way - 2,42 acres Tne planned development will include an additional x1,45 acres of agricultural lands however, the proposed land uses are not significantly different from the existing zoning, RECOPiMENDATION Planning and Zoning Commission recommendod approval of 2-1756 by a vote of 7 to 0 at its ineeting on July 24, 19851 with the following conditions: 1, A` comprehensive site plan must oe approved by the planning and Zoning Coauaission and City Counoil, rngq{. } 7 f rte' ° saiY 4`a7i r 1'~,TMrq . r'nT! F w , an i t a ° ° F .q 117 tCasa~'2-1955 page,tfhree ASCOMMBNp.ATION (Continued) 1. A solid SiX foot masonry and wood wall shall bO constructed along the western boundary of this deveie)pment, 3, A solid six foot masonry and wood wall or living fence shall be constructed oetween the general retail and duplex areas. 4. The gen?rat retail area shall be landscaped. 5. No front yard parking snail ue allowed. 6. No detached signs shall be permitted, 7. The open space shall oe maintained by the developer or a neighborhood association unless the City agrees to maintain this area at the time of platting. d, Development standards (setbacks, lot sizes, lot coverage) for the 2-F and [our-plexes (MF-R) shall be consistent with the standards for those districts and with Article F$ ection B, Primary Residential Uses, of the Zoning Ordinance, 9. Development standards for the general retail shall be consistent with the standards for this district and with Article F, Section H, Retail and Service Type Uses, of the Zoning ordinance. 10. No access to the general retail area shall be permitted on Robinson Road. AbT89 iATlvES 1. Approve petition with conditions 2. Approve petition without conditions 3, Deny petition ATTACHM9NT 1. Location Map 2. Concept Plan 3. Reply Form `totals 4. Property Owner List 5. Minutes of Planning and Zoning Commission Me'dting of July 24, 1985 09218 ,ya, 5 •,a a y.. r1 wr T o rA 'PCa j' 1 I 71' PD. 20 N~ .45 ! -pro--• ' + P0-78 0. 1% A ! PD 68 A I S-140 f Z-1758 Ryan Rd. 1 ~ t S466 4 o n8 n I 1 ARIA 41 1 h t/ • f1 4 I y \ it L (Q fN 1 A IM 1 .r b 1 n ~ lKAtl•M IIAI 1 J M M411+111 I N M r in • lArfO IIJC rt TAW rt 1 I 361 IF la ie» loo U r. 1 r flux K f.r LI. r WA Alf 1•J : r • } " 046 N11 Yf/ w 1 ..r. ata , t ~ f\-440 fbrq „(f f ? / x 1 YI 1 h rA L I ~ 1 t w 1 • 1 / A llt 't f Pit 1 ~ I N 1 f ~ A ~ tl en _ r OIL, 4 r I ' 0 ow lit 1 ` cr" 1 ' ri/ ♦ / J~NLM6RH'WWe A NJ r MAIN A 1n I/r1 rulrr~Itlt t "111 I'!H •tl 1 0000001 7 ^ie ¢ 11;w`' '°4 ¢ L: r s' .ia ~I Sl`; .2. }Y Yc1 F, . PROPUTY OBI g ~~~,Y' FOR~LS CITX GOUI~CIL Z-1758 IN FAVOR IN OPPOSITION UNDECIDED eurtis Hollis None Received Denton State School Denton, TX d ¢ ~.M! n ,c ✓yrt z ,r~Fi 4 T." h 3 'a .:ilt v~ "✓T{ nn . V 3 Kit gr~, 5 T e1_y f l ~ jn 4 W ' ~ ~'C July' 19 S~, Pages D. Z-1758. Petition of R, J. Button requesting a change IN Ming from a$$ricultitral (A) and planned development (PD-S4 and PD-61) to the planned development classifica- tion on M24 acres.- The property ig located north of (UNAPPROVED) Robinson Road and east of Lakewood Estates (S-166)0 if the planned development is approved' the following land uses will be permitted: Duplexes (2-F) 22,23 acres Fourplexes - 4.70 acres General Retail - 1.83 acres Open Space - .48 acre Four notices were mailed to property owners within 200 feet; one reply form was received in favor, no reply forms were received in opposition. PETITIONER: R, J. Button stated this 29 acre tract is located immediately adjacent to Lakewood Estates, that ho became concerned that development might have a negative effect on Lakewood Estates and decided to purchaso the property in order to control development, He said part of property is currently zoned planned development which is almost identical to what he is asking for. Ha said his site plan rearranges the uses, that general retail area would be moved to center next to storage area at Lakewood Estates, and the recreational area would be moved to rear adjacent to State School property. H%1, said he had extended utilities when Lakewood Estates was daveloped whkh opened up whole area for developpment and that approval of this request would further help expansion of the area. He con- tirtued that he had reviewed staff's suggested conditions and asked that fence next to the State School be wood frame and brick rather than all masonry, He said he understands that perimeter street paving along Robinson Road frontage will. be required. IN_FAVJR: None prevent, OPPOSED: None present, STAFF REPORT: Ms, Carson stated that property is located 'in a ow n ensity area, that requested planned development is consistent with two previously a roved PDs that main difference is layout of uses and ad~ tion of if acres presently toned,Agricttlturali She added that ppropposal is approximately 9S percent residentlal and area is below the intensity standarJ. Staff rticommetids approval subject to ten conditions. ~ I nyy { ~ r e nn., ~ p tt~.IV 'I ,r t YI { ~i uw e g2,f4~ I Fy, a en~ ~ c ti! '`:i I•, (r< r4T 3 p t 0Aill Page 6. Chairman questioned condition /4, landscaping of general retail area. Ms. Carson advised that landscaping will. be shown on site plan, that staff and developer will have to agree when site plan is brought in for approval. She said that condition could be removed and screr,ning could be added at the time site plan is approved '~r.r, Claiborne said he is in favor of some type of living area being in- eluded in that retail area, he ;ust wondered how staff would enforce it. Mr. Morrts said landscaping is not usually included in this type of ordinance, that it may have to be incorporated in' site plan requirements. Mr. Puarson commented that he wondered why Commission should get involved in that, that he had the land use plan in mina. Chairman asked if petitioner was aware of the condition added by staff that no access to general retail area from Robinson Road would be allowed and Mr. Button repplied that staff had discussed this condition with him and he thinks it is a good idea. Mr. Ellison referred to landscaping stating that most cities have perform~ince standards and staff feels it is better to let a petitioner know at the very beginning that staff would it added rather than after new regulations are adopted. REBUTTAL: None offered. Public he.ring closed. DECISION: Mr. Escue moved to recommend approval of Z-1758 su pc to the following conditions: 1. A coml+rehensive site plan must be appproved by the Planning and Zoning Commission and Ctty Council, 2, A solid six (6) foot wood and masonry wall shall be constructed along the western boundary of this development. 3. A solid six (6) foot wood 3=il masonry wall or living fence shall be constructed hotvoen the general retail and duplex areas. 4. The general retail area shall be landscaped. S, No parl.ing shall be allowed in the 15 foot front yard setback. b. No detached signs shall be perritted. J 'F J ' r +Y M 5. M T5 f 1"n yu 1'J r > c v a 5 A , July..24, 1945 Page 7. The open sppace shall be maintained by the developer or a neighborhood association unless the City agrees to maintain this area at the time of platting. 8. Development standards (setbacks$ lot siresl %t ;i coverage) for the 2-F and four-pleios NF-R) shall be consistent with the standards for those districts and with Article FA Section B, Primary Residential Uses, of the Zoning Ordinance. 9. Development standards for the general retail shall be consistent with the standards for this district and with Article F Section H, Retail and Service Type Uses, of the Toning Ordinance. , 10. No access to the general retail area shall be permitted on Robinson Road. Mr. Pearson seconded the motion stating that he would like to commend Mr, Button for working with staff on this request as well as previr/u$ ones, Vote was called and motior carried unanimously ,]-0). ti- 1 r r ~(s1 TS r1 l~A~ ''~4 ,)~iY K r4 L 5•4i 4,1i r~ a y 14p yaY ~a'~~1 a Y. ~;J~ }7 R,q Y ,~a 11'eR LC ~Nu. AN ORDINANCE AMENDING THE ZONING MAP Of :THE CITY OF DFNTON, TEXAS AS SAID HAP APPLIES TO APPROXIMATELY 11 ACRES OF LAND TO PROVIDL FOR A CHANGE IN ZONING DISTRICT CLASSIFICATION VD USE FROM AGRICULTUkkL ("A") TO PLANNED DEVELOPMENT ("PD); REPEALING PLANNED DEVELOPMENT DISTRICT ZONING ORDINANCES NOS. 03.62 AND 83.92 AS SAID ORDINANCES APPLY TO APPROXIMATELY 6,2 AND 1l,i ACRE6 OF LAND RESPECTIVELY; ENACTING A NEW PLANNED DEVELOPMENT DISTRICT FOR ALL SAID PROPeATY, BEING LOCATED NORTH OF ROIINSON ROAD AND EAST Of LAKEWOOD ESTATES, AND B`IING APPROXIMATELY 2962 ACRES] AS MORE FULLY DESCRIBED HEREIN, ` PROVIDING FOR A MAXIMUM PENALTY OF ;1,000.00 FOR, ViOLATIOV THER£OF1 PROVIDING FOR 'A 5EVERASILITY CLAUSE; AND PROVIDING FOR AN EFIECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the toning classification and use designation of the following described property, to-wit: Being a 11.452 sera tract or land situated in the STEPHEN HEMBRIE SURVEY ABSTRACT 643 in Denton County Texas, said tract being all 01 a tract of land conveyed by Jeed to Manning•Kni ht as recorded in Volume 1393, Page 9030 Dead RecorAm of Denton County, Texas, and being more particularly described as followst BEGINNING at an iron pin found for the Northeast corner of said 11.452 acre tract, said pin being 1.0 feet south of a wire fence; THLNC6 South 00°10'28" East 1520.31 feet to a 5 foot concrete poet found for corner on the north line of Robinson Road; THENCE North 89°03 44" Vsi t with said north line a distance of 114.11 feet to an iron pin t:nund for corner; THENCE North 599.39 feet to an iron pin found for corner; THENCE North x9°05'22" Vast 264.94 fast to an iron pin found for corner; THENCE North 00°26155" West 814.35 fret to t iron pin found for corner in a wire fence line; THENCE North 84°52'59" East 443,13 feet to the POINT OF BEGINNING, and containing 498,844 square fort or 11.452 acres of lend. is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under the compreneneive zoning ordinance of the City of Denton, Texas, SZQT1ON II. That the existing planned development district ordinances Nos 83.62 (PD-54) and 8.93 (PD-61) applicable to all or part of the property doscr Aed is followst Z61158/R.JJ, BUTT014/pAOE 1 .t ~ rr.., ~5, y, q;, cyry 1'iz ,i~n, ld, t, i~ Pt Yw~V~JY{r. 11 j„~~ a5 ~ f~tr c4 ry~, rsf4 ~:.:pn rrav''~r ; lM a All that certain tract or per~el of land situated in the S, Hembrie Survey, Abstratt No. 641, Denton County, texas, being e part of a (celled) 30,,0 acre tract described in a deed from J, Kimbrouggh to J. P. Joonson on the 12th day of Mey, 1934 and recorded, in Volume 392, .'age 63~ ve;d Records of said County and being more fully described am Follower' Tract Ir COMMENCING at the Southwest corner of said 30.50 acre tract on the South line of said survey in a road; THENCE North a distance of 40.75 feet to a 6-inch steel corner post for point of beginning; THENCE North along and near a fence a distance of 2423.15 feel to an iron pin in a fence line; THENCE North 84°12'07" E. along and near said fence a distance of 425.42 feet to an iron pin; THENCE S. 00°12'18" E. leaving said fence a distance of 875.15 feet to an iron pin; THENCE N. 88°53'09" W. a distance of 189.60 feet to an iron pin; THENCE S. 00°13'56" W. a distance of 599.46 foot to an iron pin in an East-west fence; THENCE N. 88°49'46" W. along and near a fence and along the North right-of-way line of a road a distance of 234.43 feet t) the point of beginning and containing in all 11.527 acres of land, more or less. TRACT 11: COMMENCING at the Southwest corner of saf.d 30.50 acre tract in the South line of said survey in a rofd; I THENCE North a distance of 40.75 feet to a steel corner post{ THENCE S. 88°49 46" E. with the Ilorth right-of-way of said road a distance of 234.43 feet to a steel pin for the place of beginning; THENCE N. 00°13'56" E. a distance of 599.46 feet to a steel pin; THENCE S. 88°53'09" E. past a steel pin at 189.62 feet and coaitinuing in all a distance of 455.07 feet to a steel pia; THENCE 3. 00°13'56" W. a distance of 599.92 feat to a steel pin in a fence; THENCE N. 88°49'46" W. along and near said fence a distance of 455.08 feet to the place of beginning and containing in all 6.2611 acres of lend, more are lass, are hereby repealed. SECTION 211. That theta is hereby enacted a new g1lanned development zoning district for all of the property described in Sections I and Ii, said descriptions being incorporated heroin b; reference; the use x-17$8/R.J. fUTTON~PAGE 2 r r . ti JS t p 4",f..~eF'y Y - N F"~ 4••~ 'Fa, .t`1 p~dY~ 1r,ti Y n ^_'.14i 1 n .nl 1 e • and development of said property to be governed by, and to be in accordance with, the provisions of this ordinance. SECTION IV. That prior to issuance r,:f any certifiers of occupancy for the use of any building within the pplannad development district, the following conditions and restrictions sha11 be met and applied: A. A solid masonary and wood wall, of a minimum height of six feet shall be constructed along the entire western boun~ary c ! the district. B. A solid masonary and wood wall of a minimum height of si,t feet, or a living fence, shall to constructed or installed between the boundary of the areas designated as general retail and two-family (2-F) uses. C. No detached signs shall be permitted in the district, D. That the area designated as two-family (3-F) use shall be developed in accordance with the toning regulations applicable to the two-family (2-F) coning districts and a all be limited to two-family dwellings, E. That the area designated as four-plex usw shall be developed in accordance with the toning reggulations applicable to MF-R coning districts and shall be limited to buildings containing no more than four dwelling unite. SECTION V. A. That the City Council approves the 2-F comprehensive development plan for the areas designated as 2-F and four- plex housing as shown on the attached site plan, with the conditions and regulations herein stated. B. That prior to my development or construction within the areas designated on the attached site plan as general retail, a comprehensive site or final development plan for that area shall be submitted for approval in accordance with the procedures required for planned development districts. The plan submitted for such area shall meet the following requirements and conditionet 1. A landscaping plan shall be submitted, 2, The plan shall show a 25-foot front yard building setback and shall not contain any parking Tote or spaces therein, 3, The area designated as "general retail" shall not contain any proposed uses inconsistent with the permitted uses listed in Section N "Retail utd Service Type Uses" of Article 1, Aypandix e - Toning of the Code of Ordinances of the city of Denton, 4, No vehicular access shall be permitted to the designated general retail area from Robinson !toads C, That the approval of the district showing a des?8noted general retail area on the attached site plan, shall not, and itt not iatended to be deemed as approval of such designated 9.:ea for any particular land use, but shall be eonetrued.anly to main that uses allowed in general retail 2-I158/RA, BUTTON/PAGE 3 I'll f .c v Fy Al>y r " _a4 `~.!v •rpI 17. • ( .i 1: ~ a ti 1 .1 pl T G r~ ) I - rn 1 ~f ~ ..,J p'. zoning districts on the date such comprehensive eito pplan is submitted, may be considered a1 possible appropriata uses for such designated area, The actual land uses to be allowed shell be determined upon such factors, which may include, but not be limited tom the time elspsed,from the effective data of this ordinance to the data such plan for the area is submitted; the number of proposed buildings and tya of proposed uses; the arrangement and design of the buildings, streets, parking areas, utilities one other development features; and the proposed regulations to be applied to such area. SECTION VIVI. That the development and use of the property shall be in substantial compliance with the final comprehensive sits plan attached hereto or any comprehensive site plan hersofter approvfd for any art of the district as required herein, and made a part hereof for all purposes, and the r4gulstiona, conditions, and )rovisioas herein contained. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of ordinances of the City of Denton, exas under Ordinance flo, 69.1, as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. SECTION VII. That the City Council of the City of Denton, Texas, haroby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protectinb human lives, and encouraging the most appropriate u6:-% of lend for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION VIII. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall bo guilty of a misdemeanor p+jnishable by a fine not exceeding one Thousand Dollars ($10000.00). Each such person shall be deemed guilty of a separate offense for each and every .ay or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations much person shall 'oe punished within the limits above. SECTION 1K. That if any metion, subsection, paragraph, sentence, clause, phrase or word in this ordinanco, or appp11cation thereof to any arson or circumstance ie held invalid by any court of competent 3urisdiction, such holding shall not sffect the validity of the remaining portions of this ordinanco, and the City Council of the City of Denton Texas,' hereby declares it would have enacted such remaining portions despite my such invalidity, lrl'TQtf/PACE 4 x~1758/t.J. g e cb a gay - ~(V t F br '6 M. 4r v a yh SECTION X* That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the Copt of this ordirlanc*' to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1985. CITY OF DENTUN, TEXAS ATTEST. CKAKWTT9 ALLEN, CITV SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LZQAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY Of DENTON, TEXAS BY. ~~.11w 2.1738/1,J. DUTTON/PA09 S ■~sr' ^ i 1 J r x ° r qq 1 s. ] 7 gyp.; f YT CWNCIL ABPORT FORMAT Tos Mayor and Members of the City Council FROMe 0. Chris Hartung, City Manager SUBJBCti S-1759 ROCOMMBNDATIONi The Planning and Zoning Commission recommended approval of 2.1159 at its meeting of July 24, 1985, by a vote of 7 to 0, SUMNARYs The petition of Neham Investments, Ino*, requesting a change in zoning from agricultural to light industrial on 7.223 acres located on the south bide of Loop 288 and east of the XKT and TP Railroado BACKGROUNDS The property is located in a high in'-ensity area which emphasizes commercial and employment aetivltiii- PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDs Reply forms were mailed to four (4) property owc,ers within 200 feet. FISCAL IMPACTS No impact on the general fund, RespejXbmi s • 0, Chris Hartung City Manager Prepared byss_ Cecile Carson: Urban Planner Approve Jeff Mayee Director of Planning r and community Development 1207a a. P L. ° Lu.~' f ~1 Y. nrRd'~i A P,'d; °A k f •P 1 st"? ~ k 1` n0 ~ Z' ! 'h 9 FF X i `4 i!LANNI1ti AIWA ZONING C MMYdBIaN itEPpRT 7d 'CITY eovkit To:' Denton city council Case No.: .2-1759 Meeting Date: August 20, 1985 GENBRAL INPOiMATION Applicant: Neham Investments, Inc. P. 0. Box 163 Pilot Point, Texas 76258 Status of Applicant: Owner Requested Action: Change in zoning from the agricultural (A) to the light industrial (LI) classification Location and Size: 1,223 acres located on the south side of Loop 288 east of the MKT and TP Railroad and shown in the J, S. Taft Survey, Abstract 1156 Surrounding Land Use and zoning: North - Vacant: light industrial South - Vacant] PD-91, light industrial East Vacant; PD-70, light industrial Nest - Vacantl PD-921 light industrial Denton Development Guide: This property is located in a high intensity area. SPECIAL INFORMATION Transportationt Loop 288 is a major arterial requiring 12U' of right-of-way. Limited access to Loop 288 and a joint access is preferred, Sidewalks are required on Loop 288. Utilities: A 36' water line is located on the south side of the MK&T and TP rail- road. It will be necessary to bore under the railroad to the north and extend the line along the south side zir~: Page Two. h , SPBCIA4 INFORMATION (continued) of Loop 288 to this site and acfo83 the property frontage'.' An 18' sani- tary sew(,r line runs along the south side of, Loop 288 Across this site. Drainage: Drainage is at top of basin. De0nition vso pass-through system shall oe decided during platting process. ANALYSIS This property is located in a high intensity area, The Golden Triangle Hall area is a dominant commercial center as outlinAd by the Denton Development Guide. While this area should emphasize commercial and employment activities, the Development Guide discourages strip commercialization. The planned development district requires that ar, industrial park be ten (iU) acres or morej therefore, this property, 7,223 acres, could not be considered as a planned development. ASCOMMHNDATION r Planning and Zoning Commission recommended approval of L-1759 by a vote of 7 to U at its meeting of July 24, 19854 ALTUNATIVES 1. Approve petition 2, Deny Petition ATTACHMENTS It Location Map 2, Aeply Form Total 3, Property Owner List 4, Minutas of the Planning and Zoning commission meeting ,lf July 24, 1983 01228 LI ~ . ~ ( I III S•170 L r SS - C ` I \ /r r ~ LI 1~ ~ rrr r~rr r~Ya~w ~r r S-100 / i PD-6.1 00, 7 1 ~ 1 lbo- 70 Zrlt9 LI PD-921 , 1 / I \ -49 PD 91 •1 I , 14 Yom. r1YYr.~i /11.11~.~ 1 l` ~PD8 Q r r n T......y ~4 1 ~ky 3x4 r a t"$aF xr•' 2 +Ya 57 i ~3 r y~ as 3`., .1~ ~x j X~'~ x' 3vi 't tP r C x d~ ' 1 ~ay~fi r 7 x+ ¢ 4.f ^2 ,x ,RA e,~. ~pt J, ~i yip s A: r ~ (.rY Yy S PROPRRTY It REPLY FORMS CITY COUNCFL 9-1759 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received f /xy r~~ ~7r~ 1 ' y 4r ri 1 5 '.n~J r t ~df~t ~vA ff w.'i~~rrtt 7 + ~k ~~i y S ~'~S Y+~r:~. r .b0 01 dj, a 0500 10 oAAW C a 4A t•YY~~ FIYIWY~~i J ~ t, 7i^ m~E ;.h L '(.~.~~lif it ♦ Si+":~. 5 ~ st +A~ ~ r.10.~ i' r " . a1 t P bM Z, `M nuns aul"'24, 185 Page 8: E. Z-1759. Petition of Neham Investments oguasting a nge in zoning from the agricultural'fA) to the light industrial (LI)'classification on 7.221 acres. The property Is located on the south side of Loop 288 east (UNAPPROVED) of the MLT and TP Railroad and is shown in the J. S. Taft Survey, Abstract No. 1256. If approved, the property may be tilized for any use permitted in the light industrial (LI~ zoning classi£icatiort by the City of Denton Zoning Ordinance. Pour notices were mailed to property owners within 20:i foot; one reply forty was received in favor, no reply forms were received in opposition. PETITIONER: Jo flash, representingg petitioner, stated they are asking for approval of light industrial zoning on this proporty, that surrounding zoning is either ligght Indus- trial or planned development for light industrial uses. IN FAVOR: None present. OPPOSED: None present. i STAFF REPORT: Ms. Carson stated that property is located f"n g n ensit%, area and in the Golden Triangle Mall area which is emphasized as a commercial and employment center by the Denton Development Guide. She continued that requested zoning is compatible with existing zoning in the area. She said that there are some residences in the area and she had a telephone tail from one resident who was out of town and who was not in favor of request. She said that t waterline would have to be extended to this property, that there is a drainage problem and detention might be required. She added that limited access to Loop 288 might be required, that joint access might be required. Staff recommends approval. REBUTTAL: None offered. Public hearing closed. DECISION: Ms. Cole moved to recommend approval of Z-1759. econ a by Mr. Escue and unanimously carried (7-0)8 v y 4 i Y ko _ I ( rye., i i~ r y G S I` 1173L . zt 1 N0. S SAME WAS AMENDING APPENDIX TO THE CODE OF ORDINANCES UOf CITY APPLIES TO 7.123 ACRES~OF LANDbLOCITED ON LTHE SOUTH SIDE OF LOOP 288 EAST OF THE MKT AND TP RAILROAD OUT OF THE J. S: TAFT SURVEY ABSTRACT NO. 1256 AND AS I$ MORE PAxTICULARLY DESCRIBED HUEIN• TO PROVIDE FOR A CWIGE IN ZONING CLASSIFICATION FROM ACRICULTUat "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL "LI" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the toning classification and use designation of the following described property, to-wits ALL THAT CERTAIN tract or parcel of land situated in the J. b. Taft Survey Abstract 12569 Denton County, T-xss being ■ll of a certain (ca{led) 7.223 acres described in a dead from Barbara T. Hacker to James T. Harris on the 6th day of May, 1977 and recorded in Volume 835 Page 440, Dead Records of Denton County, Texas, and being more fully described as follows: BEGINNING at the Southeast corner of said 7.223 acre tract; THENCE Vast a distance of 200.00 feet to an iron pin; THENCE North 00°00'00" West a distance of 1514.97 feet to an iron pini THENCE North 60°30'00" East a distance of 129.75 feet to an iron pin; THENCE South 00°00'00" West a distance of 1627.60 feet to the point-of-beginning and containing 7.213 acres of land. is hereby changed from Agricultural "A" District Classification and Use dea gnation to Light Industrial "LI" District classification and Ole designation under the comprehensive zoning ordinance of the City of Denton, Texas, SECTION Ii. That the City Council of the City of Dentons Tcxae, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable eonsider"atton, 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 moss: appropriate uses of land for the aaximuo benefit to the City of Denton, Texas, and its citisens, Z-1759/NEHAN IWESTMENTS/PAGE 1 L M... 5 .~rW ~Tj« gp~gn r c°.irs'*e'~aR'F'"'R~+`,A E r [ mw ly Ali SECTION III. Any person who shall violets a provision of this ordinance,' or frill to comply therewith or with any of the requirements thereof, or of a permit or cert.tficate issued thereunder, shall be guilty of a misdemeanor punishable by a fine il0t •xcRedingg One Thousand Dolleem ($1,000.0(Y). Each Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is comusitted, or continued, and upon conviction of any such violations such person shall be punished within the Vkmits above. SECTION 1V♦ Tnat this ordinance shall become effective fourteen (14) days from the date of its passage, and the.C:~ty Secretary is hereby-di- rected to cause the captfon of this ordidiince to be published twice in the Denton Record -Chronicle* the official newspaper Of the City of Denton, Taxes, witi.in ten ('60) days of the date of its passage. PASSED AND APPROVED this the day of 1985. RIMAR - ti , CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON,ITEXAS APPROVED AS TO LEGAL FORNt DEBRA ADAHI DRAYOVITCH, CITY ATTORNEY CITY OF DEKTON, TEXA3 BY; Z-ii5°/NEHAH INVZ8TmZ1rIS/PAG9 2 11 1~(v4 r d~f: ¢ a ~ M1' r u i C 4 , t. ~ F ~~rr Lid, , ''!~}w 6~, Yr~ i y«t lti a6., 1 R r C, w ~ t w t l , 41N Y~`r A DAT$f ' p6/10/bs C, ITY OOUNCIL REPORT 0 T T01 mayor and Members of the city,Council FRONT G. Chris Hartung, City Manager SUBJECTS HOLD A PUBLIC HEARING CONCERNING THE PETITION OF FIELDS EDWARDS i ASSOCIATES REPRESENTING MILLSR OF TEXAS FOR VOLUNTTARY ANNOY TION OP APPROXIMATELY 304191 ACRES LOCATED NORTH AND SOUTH OP PM 1~ EAST AND WEST OF TRINITY ROADt AND SOUTH OF HIGHWAY 3646 (A-23) RECOMMBNDATIONi The Planning ind toning Commission i tentatively scheduled to make its recommendation on ugust 11, 198 . SUMMARYt This pelltion fo VYoluntary annexation representf further evidgnce of land sale act~vity And ~otentia development in the east an northeast region of Denton s extraterritorial iiurisdictl!on The sublOct r$~erty is located within the boundaries of a ionb0+ acre are ext n ng as far east as Lake Lewisville, which has been tariatgd as a possible' comprehensive annexation at the city of Denton A initiation. This iMhe seconj gbli he rin for this request AA the next schedu action a nst tut~on f annexation proo~I ngs on September 30 1985. BACKGROUNDi All of the parcels in this request adjoin or abut at some point a 4ZO acre atr4tch 44f land annexed in 1 81 to accommodate a planned 5 0 unit residential development originaliy proposed by Mr. R. 0. McDonnell and to control future ddevelopment. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTBDi No existing housing or population is located within the area proposed for annexation. FISCAL IMPACTt Undetermined Reepeciful:b~e - CC// r • Prepared byi 0. Chris Rartung City Manager Dadd Ellison " senior Planner Approv i Jeff Meyer Director of Planning ahd community Development 1005a ((n t anus. i w ~ e Y`R ~ rw n a, *Y :9 p•r. a Y. rt/^ ;n :c t A A. 13 NOTICE Or PUBLIC HEAp11iGS ON --~GbStD ANNEXATION 1 NOTICE IS HEREBY GIVEN TO ALL INTU14Tt0 t t6SONS THAT, f The City of Denton. Taxas, pro Oleo to instttute annexation roc•oding• to alter the boundary iimita of said City to add the iollovtno described territory to the corporate Batts of the City of Denton, to-Vitt TMC~ All that certain tract or parcel of land lying and being e ua • In the County of Denton, State of Texas, being a pert o the W, Durham Survey, Abstract Number 330 and wore' particularly described as follows; BEGINNING At a point in the present city limits as described in Ordinance No, $4.989 said point Also being the Northeast corner of said survey; THENCE South 850 55' 43" East, alon` said city limits, sage beiatt the North boundary line at said aurvey, a distance of 1,363.36 feet to 'a point for a'corneri THENCE South a distance of 13046 feet to a point for a cornea; THENCE East a distance of 15.0 feet to a point for a cornerl THENCE South a distance of 1,860.0 feet to a point for a corner] THENCE South 240 Ol' 06" West a distance of 274.05 feet to a point for a corner; THENCE South 400 25' 00" hest a distance of 220.14 feat to a point for a corner In the Northeast rtght•of•vay line of IN 426; THENCE South 430 02' 12" Vest a distance of 100.13 fast to a point for a corner in the Southwest right-of-way line of IN 426, THENCE South 00 29' 31" East a distance of 1,412.35 fast to a point for a corner] THENCE North 890 23' 15" keet a distance of 1,111.07 feet to a point for a coraari THENCE North 10 30' 37" East a distance of 2,340,84 Gat to a point for a corner in the Southwest rtght•of•way line of IN 426; THENCE North 150 19' 02" Vest crossing IN 426 a distance of 131.12 feat to a point for a ca:uer is the Northeast right•of way line of IN 426 and In the West boundary line of said survey; THENCE North 00 4$0 09" East along said survey line a distance of 1,566,44 fast to the place of b•giraing and contsiaing 115,12 acres of land more or less. All that certalo tract or parcel of land lying and being s ua a to the County of Denton, State of Texas, being a part of the M. toTr•st Survey, Abstract Number 411 and more particularly described to follow al MINNINO at a taint in the resat city limits, %sW point lying South 810 40 611 East, 50~ fat (tom the Northwest cotosr of Lot 21 stack F of the subdivision of the N, Forrest Survey ,said Saint also beinj an inner all career of the tract described in Ordinanca Number 84.98. A42101,4E on ,f 1E 4~ rs ``j > rt a THENCE South 810 400 46" East, atons said city 11mita, and the { North boundary line of said Lot 20 a distance of 921 21,28 feet a 1 point for a corner; THENCE North 20 Ct' 29" East, along said city limits, a distance of 335.65 feet to a point for a corner; THENCE North 10 26' 22" East, atoo$ said city Baits, a distance of $8.65 feet to a point for a corners THENCE 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 40.24 feet to a point for a corner; THENCE South 50 l8' 14" Vest a distance of 247.94 foot to a point for a corner; THENCE South 810 26' 10" East a distance of 182.11 feet to a point for a corner in the boundary line of a tract conveyed to the M. Government) THENCE South 00 33' 01" West, along said line, a distance of 409.37 fast to a U.S. Corps of Engineers monument (No. Q-309-W) for a corner; 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 a corner; THENCE South 30 28' 02" West, along said line, At distance of $16.21 feet to a Corps of Engineers monument (No. Q-307-W) for a corner; THENCE North 550 02' 53" Vest, along said lids, a distance of 437.4 feet to a Corps of Engineers monument (No, Q-306-W) for a Corner; THENCE North 50P 0' 06" West, along said line, a distance of 318,65 feet to a Corps of Engineers monument (No. Q-303-W) for a cornerl THENCE North $oo 16' 46" West, along said lines a distance of 442.83 feet to a Corps of Engineers monument (No, Q-304-W) for a corner; THENCE North 350 50' 0" Vaet, along said line, a distance of 432.47 feet to a point for a corner in the said present city limits; THENCE North 20 l9' 14" Esat, along said city limits a distance of 352.66 feet to a place of bes;inning and containing 17.84 acres, RA~.j 3j All that certain tract or pareal of land lying and bean sCf- uaiin the County of Denton, Ststo of Texas, being a part o the 11. rorreat survey, Abstract Number 411 and core particularly described as followal 810INNISO at a point to the present city limits as described in Ordinance No. 84.98, said ppoint also being the Northwest corner of Lot 1, Block r o! the subdivision -~f said survey; THENCE South 810 14' 38" test, aloe`` said city limits and the Notch boundary lime of said Lot 1, a diatsaaa of 1,418.5 feet to a point lot a cornets same beiag the Noi;ttWast coraer of W4 Lot) and the Northwest corner of Lot 2p 1106k'ts Ad1.1,tACE TWO r:` v r ~m~ ~'jd 1`' a ' +c' I r1 .Y w va it rk. w vr-T ! ~ r " M h .h .4.. i 1~Y ~w v e=n ~ a v4 d' ~Y s fr iR' ~-e Z e r r~ i!r4r i~ t Pt!~,a r E THENCE South 30 061 $1" Nast, along said city limits and the 1 East boundary ltas of Lot 1 and the Vast boundary line of Lot, a 1 distance of 1,111.1 feet to a point for a coeneri THENCE North 860 23' 03" Vast, along said city liana, a distance of 737.94 feat to a point for a corner; THENCE North 160 50' "14 East a distance of 146-41 feet to 'a point for a corner; THENCE North 820 33' 40" Vest a distance of 701.37 feet to a point for a corner in the Vest boundary line of aaid Lot 1 THENCE North 20 45' 06" East, along the Vest boundary line of said Lot l a distance of 561.45 foot to a point tot,a corner; THENCE South 860 l0' 37" East a distance of 194.01 toot to i;,. oLat p EoK a corner; THENCE North 480 0,71 ' 58" East a 'distance of 28.64 toot to a point for a corner= THENCE North 90 13' 36" Vest a distance of 72.59 foot co a point for a corner; THENCE North 390 15' 29" Vest a distance of 81.11 feet to a point for a cornar; THENCE North 730 04' 19" Vest a distance of 144.36 foot to a point for k corner in the Vest boundary line of said Lot 1; THENCE North 20 45' 06" East alone the West boundary fine of said Lot to a distance of 822-11 fiat to the place of beginning and containing 5344 acres of land more or loss- Mat 4 All that certain tract or arcs: of land lying and beinj to the County of Denton, State of Texas, and being part of the N. lorrest Survey, Abstract 417 and more particularly described as follova; Tract 8E0INNtNO at a point' In the ptesent city limits as described to Ordinance 84.98, sold point 'lying in the North boundary line, 500 feet Vast of the Northeast corner of Lot 121 Block A, of the subdivision of said surveys THEM South along said City limits, a distance of 2,030-86 feet to a point for a corner in the South boundary line of said toot 12; THENCS North 89042104" Vest, along said South boundary line and along the North boundary line of an toot and Vast road, known as Hogg Road, a distance of 40049 feet to a point for a cornet; THENCE North 21003046" East, a distance of 41L.01 foot to a point for a corder; THENCE North 62013145" Wst, a distatica of 828.29 feet to a point for a corner In the West boundary tins of said Lot 12; THENCE North, eloag said Wit boundary lino a distance of 1,229.81 feet to the Northwest corner of said Lot 12; THENCE South $9052011" Gst, alont the North boundary line of said Lot 12, a distance of 944.44 foot to the plate of begioatog and containing 34,22 acres of land more or Was A-23/t.*41 THiEt "fit T4 4A~~.i ' ' j Tract 8 BEGINNING at a Dint to 1 eaCr. •d is Ordinance 84. 8, Laid point prlylall o tin 1t a limit e ay corner of Lot 12 and the Northwest Corner of Got inblo kc A~of the subdivision of said Porreat Survey; THENCE North 89033122" East, aIons said Lot 13, s distance of 1 the ,388.89 last tor the boundary l corner u of said Trinity Lot Us Road; said point lying in a North and South rondo known THENCE South 0030053" Mast, along the Last boundary line of said loot 13 assia` its Southeast corner saga boLaS the corner of Lot b, Block 8, fora total distance of 21322.41 eet+en a point for a corner in the East boundary lido of $a d Lot 6; THENCE North 89006038" Wst. aloo the East and Wet road known as 81a g North boundary 1394 of as jB Rondo a distance of 1,34h Vast to a polar. for a corner in said City lions, ante being the Vast boundary t:na of said Lot 6; Tklikr- North 0039' East, along said liasso a distance of 266.81 feet .o the Northwest cornea of said Lot 60 same being the Sautb'/mist cornsr of Lot 13, Block 8; TRYNCE North, along said lines a distance of 2,032.33 feet to the place of beginning and containing 73.82 acres of land, more or Tese. A Public Hearing will be held by and efore the City of the City of Denton, Texas, on the day r ~90- 1 , at 7100 o'clock P. M, in the Cf of Municipal Building of the City of Denton, T xssl Chan ere o t 1983Interested in the above proposad anaexattoa. AtEsaidtltiesTeand place all such persons shall have the right to appear and be heard. Of all said natters and things, all periods interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City C uncil of the City of Ddaton, Texas, on the A lYBS, at 7100 o'clock P. M. In the C day of Muaintpal Building of the City of Denton, Texas, for all persons interested in the above ppropposed andexatloni place all such potions shall have the right to appeartiand and heard. Of all said matters and things, all persona laterested in the things and matters heroic mentioned, will take notice. CITY O! D'TEYUS~ ATTESTS i A•23ilACE E'Oilg ,F ,,r ~ ~ ~ zy~, ~n it a Y ~r a r,;,.'~ ~ ~ ri~~oc * toi • s ~ 9~S i r 7 PLAN' OF RERVICE i FOR ; ANI D AREA, C I'TY`'0~' b$NTON: TEXAS WHEREAS, Article 970a.as amended requires that a plan.`of ser~iice, be adopted by the governing bo%,y of a city prior to passage of an ordinance annexing an area; and WHEREAS,lthe City'of Denton is contemplating annexation of al area which is bounded as s►.own 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`l,Anotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Bas'.c Service Plan A Police (l) Patrolling, radio responses to calls,, and other routine police services, using present gersodnal and equipment, will be provided on the effective date of annexation; (2) Traffic signaler traffic signs, street markings, and other traffic control devices will be installed as the need therefore $.s established by appropriate study and traffic standards. B, Fire (1) Fire protection ~jy the present personnel and equip" meat of the fire fighting force, will be provided on the affective 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 if 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 c.lty will be extended to the annexed area within one month after the effective date of annexation. w~ fur S M ir!'r~t°r Y n1r 'd tai i ii rv ih ;i tir7r 1. r~ All" 7' ^r r k r, er~iCe'P~aa nrroCed Areas Page two F'. Streets 6) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, eto.) 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 resurfaoing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is detormined by tfic governine body, will be accomplished under the established policies of the pity, 0. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area ou the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J, Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K, Electric Distribution (1) The city recommends the use of City of Denton for electric power, p r. Y crr 1. 5 0 :;-4 7.? ..~.ti + s v.- Service Flan Aunexed Areas Page three L, Miscellaneous (ly Street name signs where needed will be installeA within approximately 6 months after the effective date of, annexation, II. Capital Improvement Program (ICIP) 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 e:s: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other are&i, 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 now CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city, • 1 1 " 7-it f r . • "NOR" 6 , Ell, I~vll A-23 ANNEXATION SCHEDULE July 8, 1985 Submit City Council agenda item July 9, 1985 Submit City Council agenda back-up *July 16, 1985 City Council sets date, time and place for public hearing July 24, 1995 Notice to Denton Record Chronicle July 26, 1985 Publis?,.,otice and mailout 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 --I August 12, 1985 Submit City Council agenda item ,,-~'August 13, 1985 Submit City Council agenda back-up *August 20, 1985 City Council holds second public hearing 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 09649 K77 ' S:.t ai.r. T % 3O. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATrAIALS, 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 of state tav and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipmont, applies or services as shown in the "Bid Proposals" su',mitted tharsi,,r; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS Section 2.36 (f) of the Code of Ordinances requires that the eity Co,acii approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the City Charter requires that every scr of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE$ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA103s SECTION 16 That the numbered items in the follovina numbered bids for materials equipment supplies, or services, shown in the "Sid Proposals attached berate, are hereby accepted and approved as boing the lowest responsible bids for such items: BID NUMBER ITEM NO. VENDOR AMOUNT 9a9_ 4 All Roadr-inner Trifflc Supply $166000.00 9698 A" 111111", S!anal Equip-Not $14.090.00 _...~..__...Po1eilni $13,14 -9501 «Y.41 2 CummtnS Supo'u $ 28,016.U0 mle $ 1 764 00 9502 All Hobbs trailer $6 021 60 a a , ~ a u:v R, yet +.t a q iM1. l." .r. SP. 7 777 SECTION II. That byy' the acceptance and approval of the above numbered items of the 'submitted bids, the City accepts the _offer of the persona sr•bmitting the bids for such items snot agrees to purchase the materials, equippmment, supplies or servicoi in accordance with the, toms, spacificatioas, standards quantities and for the epecifted sums contained in the Sid Invitations, Bid Proposals, aild vela oil documents. SECTIONIII. That should the City and persons submitting approved' and accepted items and of the submitted bids wish to enter into a formal wt-itton agreement as a result of the acceptance, approval, and awarding of the bide, the City Manager or his designated representative is hereby authorised to execute the written contract which shall be attached hereto= provided that the written contract is in accordance with the terms, conditions, syocificatione, standards, quantities and specified sums contained' in the Bid Proposal and related bid documents herein appravcd and accepted. SECTION IV. that by the acceptance and approval of the above numbered items of the submitted bids the City Council heraby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bide or pursuant to a written caltraet made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 20 day of august , 1985. RICHARD 0, CITY OF DENTON, TnV`o = ATTEST: CITY OF DENTON, TEAS APPROVED AS TO LEGAL FOMt DEBRA ADAMt DRAYOVITCH, CITY A'T'TORNEY CITY OF DENTON, TrXAJ BYs t ° PAGE 2 41 s a 4 t i DATE: August 20, 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 09494 REFLECTIVE LANE MARKERS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Roadrunner Traffic Supply, in the amount of:- Item 1, $2.20 each; Item 20 $1.90 each; and Item 3, 17.50 each, Total bid $16,000.00. SUMMARY: This bid is for the purchase of reflective ceramic lane markers and adhesive for installation, These markers will be used by the Traffic Control Department in the maintenance and new construction of traffic control system3. GACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS 1iFFECTED: Traffic Control FISCAL IMPACT: Funds for this purchase are available from 1984-85 budget funds for traffic maintenance 0100-002-0012.8303. Respectfully submitted: G. CFirisIdartu`ng ` City Manager Prepared by: Name,. Tom D. Shaw, C.P,M. Title: Assistant Purchasing Agent Approved: me hn Marshall, C,P.M, DID i 9494. HID REFLECTIVE LANE MARKERS FERn;4 AF-T- ROADRUNNER CORP. ARK TRAFFIC OPEN August 8. 1985 2 P.M. z SUPPLY ' ~ i ACCOUNT i 1 c IT ESCRIPTI R EAR ENDOR VENDOR VENDOR L DOR VENDOR 1 P-15 White " Cro~n Marker 2.46 2.00 2.20 A 2 WOO P-15 Yellow-314"-Crown 3 20 FC-11 Adhesive M.50 18.25 ~V .'Z av5 ,~a?:, a JI. e, #rN ~y A i, r = .4 . Y A J 5;•, 2 r i A,. a` DATE: Auqust 20; 1985 CITY COtlNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: 9ID 14498 TRAFFIC SIGNAL POLES RECOMMENDATION: We recommend this be be awarded to the low bidder, Traffic Signal Equipment Co., at the lour bid price as shorn on the tabulation sheet for each item for the grand total of 514,090.00. SU RY. This bid was sent to four prospective bidders and we raceived two bids. We do not have a lot of local suppliers for this product. These are ^sr use by the Traffic Control 1?epartment. BACKGROUND: Tabulation Sheet PROGRANSI DEPARTMENTS OR GROUPS AFFECTED: Traffic Control Oepe.rtment FISCAL IMPACT: Account 1432.002-0010-9105 CIF Respsctfully submitted: a - gtq- Chris artung City Manager Prepared by: ~`5"'~rtaflr 71; C: P:1. A-MV11 itle: Purchasing Agent Approved: ame., / hn Marshall, C.P.M. T1tie: Putch tiii9 Agent ID TITLE TRAFFIC SIGNAL POLES PELCO rRAFFIC TRAFCO CONSOLIDAt D SIGNAL INC. PENED AUGUST 130 1985 2:00 pm TRAFFIC EQUIPMENT CONTROLS CCOUNT d 7 QTY, ITEM DESCRIPTION VENDOR RN VENDOR ---VENDOR VENDOR VENDOR VENDOR 1 4 30' Arm with Pole NB 2,265.00 21318.00 NB 9,060.00 3. 1 25' Arm with Pole NB 1,915.00 2,000.00 NB 11975.00 4. 1 Pole with DBL Arm/w Luminaire He 3,055.00 39212,00 N8 3,055.00 Delivery after date of drawing 45-50 day 60 day N 30 N 30 Denton Denton i. NNW A7 d :f ra •`ld '.'S. ' -t t p DAT": August 209 1985 CITY COUNCIL REPORT TO. Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SU8JECT: $10 /9501 CABLE AND AIR SVITCHES RECOMMENDATION:. We recommend this bid be awarded to the low bidder for each item is follows: Item 1 Poleline @ $1.12 lb. Total 113,440.00 Item 2 Cummins Supply @ $2,668.00 M Total 128014.40 I`em 3 Temple @ $1,294.00 ea. Total $ L764-00 Total Bid $499218.00 SUIVARY: This bid was sent to our several local suppliers for this typpe of supply. We received tho bids as shown on the tabulation sheet. We feel that all these low bids are acceptable by the City of Denton. MCKOMMO: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Cistributior end Inventory Stock FISCAL IMPACT: There is no additional irprct on the General Fund. Respectfull submit d: Chris Hartung City Manager Prepared by: j Tit John J, Marshall, C.P.Ii, Purchasing Agent Approved= W y~1f OW. n Marsha , M:,, itle:', Purchasing Agent Dlb ! 950f bib CABLE 5 AIR SWITCHES _ GRP.YDAR WESCO PREISTER KR12- NELSON CUMMINS TEMPLE POLELINE TO DAV I S OPEN AUGUST 13, 1945 2;00 pn ' ACCOUNT t 610-008-0252-94"2! IfiFTi"b~bTRiT TI VENDOR VE1J67~i " VENIM, VENDOR _VENDOR k VI:FiR11t` b 13, -1 SOM 6V3$9 WIRE ALUM 2/0 BAC AMC 17,874/m 1.21/lb 1.176/lb 1.150511b 1.173/lb 1.139/lb 1.173/lb 1.1211 2 10,510 250 MCM ANACONDA - UNISHIELD 2,670/m 2,740/in 2,6681m 2,130/M NB 280,0 3 6 593270 AIR SNITCH, POLE TAP 10657.89 15495.00 1,652.00 1,294.00 11595.00 767 1.~ 4-6 wk 14 day 30-60day 42 day 4.5wk 2. 9127 14 day 1 wk 3. 4-6 wk 6-8 wk - 1-8 wk ~W lfiF.s iM CJ S5 v'1 S Zt S .,f• e9 [ +•~2.~ ,-Y r ' i~.: ' '9- tit rfi- i s~ d,rr-. ~y rnf'iY F. w k- icy. DATE: August 20, 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID $9502 40' PLATFORM TRAILER Rt.'COMMEHDATION: We recorrmend this bid be awarded to the lowest bidder meeting specification of Hobbs Trailers in the imount of $6,921.60, Fob Denton with delivery in 60 days. SUMMY: This trailer is an addition to the Motor Pool fleet and .will be assigned to the Electric Department. It will be utilized to haul poles, transformers, Etc, A new tractor/ truck has already been delivered. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution FISCAL IMPACT: Funds for this purchase are available in 1984/85 budget Accou.it dumber 610-008-0252-9230-E392 Respectfully submitted: 0. Chr s Hartung City Manager Prepared by: Name,.-. , Tom D. Shaw, C.P,M. Title: Assistant Purchasing Agent Approved: . ate: 4on. Marshall, C.P.H. itle. Purchasing Agent BID' / -50 BID T1Ti.w_ 44'PLATFORI1 TRAILER FONTAINE HOWARD AZTEC TRANSPORT HOBBS 40 TRUCK TRAILER TRAILER SYSTEMS TRAILERS OPENED August 13, 1985 2 P.M. SALES, INC. SALES ACCOUNT / / TY, iq' DESCRIPTION 'JENUOR VENDOR VENDOR VENDOR VENIx)R VENDOR VENDOR 1 l _ Trailer 8011.00 1,694.00 1,324.03 9125.00 69921.60 _ Delivery 30 Oa s 45 Days ` 5C Oay_s 60 Days 60 Days L-J- e Z £ r 1 ~ie , t r ~ 4 'T - e NO. AN ORDINANCE ACCEPTING COMPETITIVE B108 AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMMOVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PRO"T.DING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bide for the construction of public works or improvet- ments in accordance with the procedures of state law and City ordinanss and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bide are the lowest responsible bids for the construction of the public works or improvements described in the bid Levitation,` bid pzopoaals and plans and specifications therefore; and WHEREAS, Section 2.36 (f) of the Cod9 of Ordinances requires that the City Council approve all expenditures Gi more than $3,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bide for the construction of pt,blic works or improvements, as described in the "Bid Invita Lions", "Bid Proposals" or plane and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 9489 Cut1er Rn_,jy1rg. 1ng. X521.393.25 s s _ s SECTION 11. That the acceptance and approval of the above competititva yids shall not constitute a contract between the City and the parson' submitting the bid for construction of such public vorke 'or. improvements herein accepted and approved, until such person shall comply with all roquirerents specified in' the Notice to Bidder's' inclluding the timely, execution of a Iritton cotitrect and furnishingg of performance and 'payment bonds, arter notification' of the war's of the bid. PAGE 1 fy n"o-'d~~, t"f. ~~iu: 7~S ,y, .r •S.a' ~ 5 r_t e1~r1 ' 1 ~ ~1 . SECTION 111. That the City Manager is hereby suthorzied to excecute All necessary written' contracts for the perforaanee of the eonitrUtion of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance w h the Notice to Bidders and Bid Proposals, and documents relatilft thereto specifying the terms, conditions, plans and specifications, standards, quantitites and 'specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bid's and the execution of contracts for the public works and improvements as authorized herein, the City , Council hereby authorizes the expenditure of funds is the mannir and in the aa6unt as specified in such approved bids add authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immed!.ately upon its passage and approval. PASSED AND APPROVED this the 20 day of August , 1985. RICKARD 0. CITY OF DENTON, TEXAS ATTEST: CHAFLOTT ALLENj CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY Od DENTON, TEXAS BY: PACE 2 1 J 'Sr .s ♦ s tF - w! i y i a~ a{ T " r u / ~ M r . i id ~ .t, ti X 1 V ~ , r .'P ',~t .;i~ k y. 3... 3c it d^:~ DATE: August 20, 1985 CITY'COUMCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 49489 ASPHALT REPAYING RECOMMENDATION: We recommend this bid be awarded to the low bidder meeting the specification and conditions of the bid, Cutler Repaving, Inc., for th? contract bid price of $521,393.25. SUMMARY: This bid was sent to several vendors, and we received three bids. The low bid of Calvert Paving does not meet the specificatfons, (See attached memo from Engineering Department.) The bids crime in with a $1009000 to $1259000 difference between each bid. We usually have bids closer to each other or more competitive. BACKGROUND: Ta5ulation Sheet Engineering Department Memo PROGRAMS DEPARTWNTS OR GROUPS AFFECTED: Street Bon! Program FISCAL IMPACT: There is no fiscal impact on the General Fund. Respectfully submitted: G. Chris Hartung City Manager Prepared by: el z", 2 ~-Z' s~. Name:`, ►n J. Marshall,, C.P.M. f. Title: . Purchasing Agen+. Approved: u me. r J. Mar hal l, 4 C.P.M. pn Title: urchasing gen BID I!_ 9480 BID ASPHALT REPAVING CALVERT CUTLER REMIXER OPEN July 25, 1985 2 P.M. PAVING REPAYING CONTRACT, INC. ACCOUNT # ` QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VE DOR --VENDOR-- VENDOR VENDOR Lump-sum 463.296.0 571,393.2! LZQI.577& Sid Bond Yes Yes Yes . i{ L 'i y, ( ril,~i 1 v~,F,~ Ni~,~ ,s ~ ~ ~w~J m1 I (vvy x.y~ M ,~s , r ~ v 1 ~ ~ rf Of- V, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (8?7)566.8240 MEMORANDUM DATE: August 12, 1985 TO: John Marshall, Purchasing Agent FROM: Jerry Clark, City Engineer SUBJECT: Bid #9489 - Repaving Program 8S-1 The bid should be awarded to Cutler Repaving with a bid of $571,393.25. Tne bid of Calvert Paving was rejected after consultation with the legal department since the process. of "Bob Hagberg" does not meet specifications in the fbllowkng areas. 1. Radiant heat - Hagberg uses direct heat 2. Scarification racks capable of 1/4" tolerance - Hagberg uses spring load - tooth harrows that pop up when they hit a hard object 3. The binding (rejuvenating agent) is to be mixed thoroughly. Hagberg sprays i.t on with no mixing. 4. Specifications call for single train (one) machine, ?lagberg uses three (3) separate machines. This causes several problems. a. Traffic - the pricess is longer so traffic is effected more b. Quality - with several machines the processes function independently which causes problems with heat, rejuvenation and street shape. In conclusion, the bid should be awarded to the low bidder meeting .the specifications provided for the job, Our specifications are the same as Austin t, Irving and Arlington. None of these cities allow Hagberg to receive bid awards on `^'page V of 2 'pages "r3epav, n " projects. He is a heater scarification contractor wnld only bid those Cutler has a projects. "good reputation which has been built from several years of working with area cities. J0 r C P.E. CI En &e ar Is 00304E AUG 12 1985 c1h ut UNION pURCHUNG OEPT. r tinh^,r~ H i° ! swt rYC 1lv}1NY r k NO. AN ORDINANCE PROVIDING FOR "HE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQt`LPMENT, SUPPLIES OR SERVICES IN A000&- DANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF CO•IPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law requires that certain contracts requiring an expenditure or paym nt by the City in an amount exceeding $5,000 be by competitive bits, except in the case of public calamity where it becomes aeg+•,ssary to act at once to appropriate money to relieve the oecessit/ of the citizens, or to preserve the property of the city, or it,~%a necessary to protect the public health of the citizens of the 04y, or in case of unforeseen damage to public property, machin6i/ or equipment; and WHEREAS,-Sec ion_2.36 (f) of the Code of Ordinances requires that the City 'Council approve all expenditures of more than $3,000; and WHEREAS, {.ection 2.09 of 1h6 City Chart6r requires that every act of the ciuncil providing for the a enditure of funds or for the contracting of indebtedness shall ha by ordinance; NOW, THERE'ORE= THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The; the City Council hereby determines that there is a public calami'.y that makes it necessary to act once to appropriate money ',to relieve the necessity of the citizens, or to preserve the propOtty of the city, or to protect the public health of the citleens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the fo',loving emergency purchases of materials, equipment, supplies or sitvicee, as described in the "Purchase Orders' attached hereto, tie hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 69362 -Boyd Excavation 521.125.00 69401 -Motorola Coemunication ".696.30 69409 J 9 S Eeuio e"t 513.061.11 69469 Basic Waste Sv,S,tF S 3.366.13 r- r r~ Yid tr Lt ~ r rY' r " P fn r "Lr' v P Jsy Y r'"r r~c ~ ~Ei „ k t ; T .c f r 1 SECTION 11. That because of such emergency, the City Manager or designated employee is hereby authorized to purchass the materials, equipment, suppllaa or services as described in the attached Purchase Orders and to make payvent therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the require manes of competitive bids. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 20 day of August , 1985. CITY OF DENTON, TWS ATTEST: CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCB, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ' P E 1 'G tM1 r ..,C i'f' Mrtiv n{ a u l ~}j ~ ~o w v 7sr i> Y r~~v"~~yYw w}, X ' REM 17 A . k~ is .F4 a t'ip ,.d l i,r SF P~ ,,~in ~ dot{ r r i .qtr M DAugust 20o'1985 ' CITY COUNCIL REPORT TOt Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: PURCHASE ORDER !69362 BOYD EXCAVATION RECOMMENDATION: Na recommend this emergency purchase order be approved in the amount of $21,125.00. SUMMARY: This purchase order is for 325 hours of scraper rental at $65.00 per hour. This is a continuation 'of the new landfill site preparation under the guidance and instruction of H.D.R. Landfill Consultants.' The vast amount of refuse continues to require the use of outside contracts and equipment. BACKGROUND: Purchase Order 169362 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Landfill Operations FISCAL IMPACT: Funds for this purchase are available in Landfill Bond Account 631-002-0503-8509 Respectfully submitted: G. hr s Hartung City Manager j Pi•epared by: Tom D. Shaw, C.P,M. Title: Assistant Purchasing Agent Approved: r 'Tit an*: Jo c J. Marshall, C.P.M. Ief Purchasing Agent !".1k ~17171t' AOF 40t IS ?EXAS STRE!?T l~NA8 ~0FA DEMTON , TX ?6401 R P. NUAI0ER OATEN/VENbOR NO. DOCUMENT YYF' 69362 OE1%69/65 SOL 16 WASTE 3- 06 49000 vEND4s# SHIP TO:, Uot) EXCAVATING 3000 FT WORTH OR DENTON• TTX 76201 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION $lD N0. LINE AM(XJN' 1 631 002 0803 6509 328 SCRAPPER PEM'AL 21x128.00 The City of !Denton, Texas is tax exempt • House Bill No. 20. p . . 21a125 o00 Reference P.Q.,Vumberon all 6/L, Shipments and Involcet. Shipments are F.O.0. City of Denton, or as Indicated, By Sind lnvoices TO: Direct Inquiries TO. City o' Denw, Accounts Payable John J, Marshall, C. P. M. Pufchasino Agent 215 t ~ MCKinn,ty St., Denton, YX 76201 Tom 0. Shaw, 0. P. M, Asst Porchasing Agent (or ti9 Indkelod on Purchase 0:def) 917/566.8511 D/ieW Metro 267-0042 The City of Denton Is an equal opportunity employer ^r. ~,+,rc'm ~YL[~'<R M~~'C~ r , Mx W~.. f fl l kr r i r x '•l al:.~ J ::r` r .i~ x'R C ,,3 p. ids 3'~x DATE: 8/20/85 CITY COUNCIL REPORT FORMAT TO,. Mayor aiid Members of the City Council FROM: G. Chris llartung, City Manager SUBJECT: Emergency Purchase Order 069401 RECOMMENDATION. We recommend that the Purchase Order to Motorola Communication for $9,696.30 be approved for payment$ SUMMARY: This pl,rcl`zse is to repair and replace the Fire Department Radio System, which was du,.:,fed b~ lightning on July 22, 1985, BACKGROUND,'. P.O., 069401 and Memo from Paul Reed. ' PROGRAMS. DEPARTMENTS OR GROUPS %FFEC'TSD: Fire Department FISCAL IMPACT. Part of the cost will be ofe-set by insurance, the rest account # 100-006-0050-9101 RespgctEty,ily `u itted: G. Ch F33"ita r c L n City Manager Prepared by: f17rne Denise 'M ning Tii le Buyer, d A ove i t t ohn Marshall Purchasing Agent wlrluirrr~ . i 9x P p , Y r K Y i d a t k 1 s i .I v 71 -1 ~SSa ~ r } 901 tt?XYt CET CHA$ bR R ,r K. w Di:t ToN, tX 76201 fl.,C. NUMD R DAl l:/YENDbR~Nb. DOCUMENT ' T1ff 60401 08%0?J 85 C09 MOTC2800 VEI~DGft SHIP TO: 16T00LA,COMMUNICATIONS FIRE PCPARTMaNT 33-0'stLt LIW I CoNFIRMATIIIN ONLY DALLAS• TX 75234 DO NOT DUPLICATE ATTNI JAWLS MANTOS ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AI;'OUN' '+1 100:006 0050'9101: 1 TI617.CM-SP18 , 4035000 12 100'006 0030 9101 4.L368 DUAL .REC, 20.16.00 13 100 106, 0030 9101 1,L139 O.C•. 980410 .r4 100 001 005001'01. 1 L146 TONE: 4520 00' ~5 100 006 003P. 9101 1 L56AE N1TE 62 446 ' JO 100 066'00!;6 9101 1 L226 INTERCOM. 4g.A$` 100 ' 606 00)50 9101 1 L55 P1-F2 57.7s 18 l00 006 0o1S0 9101 1 L303 LINE LEVEL 112600. ;9 100 006 0050 9101 1.L384 ALL MUTE 46.00 10 100 006 0050 9101 1 L110 800M,41C 28fedlo 11 100 006 0050 9101 1 L348 DTMF 469900 L2 100 006 0050 9101 1 L25 AL9RT TONE 64.26 13 100 006 005h 9101 1 60PS1021ESO' 8655 14 100 006 0050 9101 1 EQUIPMENT:INSTALLATION 33$.00 t5 100 006 0050 9101 1 ESTIF.OeS.. CHARGES 20000 The City of Denton, Texas is tax exempt • House Bill No. 20. Reference P.O.Number on All 6/1.Shipments and Invoices. I Shipments are F.O.B. City of Denton, or As Indicated. By - SoW Invoices TOr Direct inquiries TO: City of Denton, Accounts Peysble John J. Marshall, C. P.M. Purchasing Agent 215 E. McKlAnly S1.0 Denton, IX 16201 Tom D. thew, C, P. M. Asst. Purchasing Agent (or as Ind11,1ted oA Purchase Order) 817/566.8311 W$W Metro 267.0042 The City of Denton Is an equal opportuntfy employer r i,y } g t ,•y g ~ h , r. 7 5C1**d1 pENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817) 566.8200 MEMORANDUM DATE: July 260 1985 T : Chris Hartung, City Manager FROM: Paul Reed, Acting Fire Chief SUi3JECT: Damaged Fire Emergency Radlos On this date the following people met to discuss the solution to the Fire Depart- ment Radio System C ~t was damaged by lightning on July 22, 1985. Paul Reed, Acting Fire Chief Joe Howard, Division Commander Ray Wells, Superfi~ endent of Electric Metering James R. Mantos, Representative of Motors-,'a Communications The decision by Ray Wells and myself was to go with the recommmndation by North Counties` Communication and that would be to replace the present console and com- ponents that was damaged by Iightning.with a Motorola T1617 Multi-Control Con- sole that would be more feasible to service. Part of the cost will be offset by Insurance on the damaged equipment. This memo is to confirm your approval of a public service emergency purchase as requested by,Ray Welts on behalf of the Fire Department, ~lLtCC~ ~..EI..Q• ' au a Acting re e ) Pk fec 7 ~~G/gs y 4 L y n. Y r L i H J- r F 1 w x. M1 t F yY, 'k 'iT' ~-f ! krp 17 S ty ' l DATE: ,August I* CITY COUNCII. REPORT TO., Mayor and Members of the %Nty Council FROM: G} Chris Hartung, City Manager SUBJECT:` PURCHASE ORDER 069409 J b S EQUIPMENT RECOMI J(DATION: We recommend this purchase order in the amount of $13,061.11 be approved. SUMMARY: This purchase order is for the reconditioning of a Caterpillar 977 Trackloader. The unit was used by the landfill and has been transferred to the Street Department. Replacement cost is in excess of $125,000.00. BACKGROUND., Purchase Order #69409 Invoice 2585 and 2715 PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Street Department; Vehicle Maintenance FISCAL IMPACT: Vehicle Maintenance Sublet Labor and Repairs .Account 0710-004-0598-8710 Respectfully submitted: G. Chris Hartung City Manager r Prepared by: CZ~ ame: -Tom D. Shaw, C.P.M. Title: Assistant' Purchasing Agent Approved: a le oo~hh Ji Marshall, C.P.M. drehasing Agent- 6 i' r OWN E e'~ r 941 1EXAS, ~ F.;i 'I`1tEt T + pE ON, Tf( 7b?4 P, 0 UMBER DATE/VENDOR NO. 0OCU MENT YY 49409 08J01/~$ C1A fi JJJ89600 VENDOR 3 11001 PHEto 'coo VEHICLE MA NTENANCE: 602 WILDLIPit, PARKWAY . CONPIRMA7ION ONLY GRAND' PRAtRIE9 TX .T5060 ' DO NOT DUPLICATE CONFIRMATION ITEM ACCOUIJT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN' 01 710 004 0598, 070' 1 ,42490 REPAIR TRACK t,GADEA 11r321o34 02 i1o 004 0599 S'T10 1..02400-EXHAUST SYSTEM a< FAAME 1J39io77 1 The City of Denton, Texas Is tax exempt • House Bill No. 20. TOTAL FOR PsOe 73061 sl: Reference P. 0. Number on all B / L, Shipments and Invoices. Shipments are F.0.8, City of Denton, of as Indicated. By :aid Invoices TO: Direet Inquirles TO: City of Desiton, Actounts Payable John J. IAarshall, C, P. Y. Purchasing Agent 215 E. WK106es; St,, Denton, TX 76201 Torn 0. Shaw, 0. P, M. Assl. Purchasing Agent for as indicated on Purchase Order) 817/%6-8311 DiFW Metro 267.0042 The City of Denton Is an equal opportunity employer Y k.. xwy of 'n77777 vx(.. r 5• .,,r VON& Y. ri ' 2 n ♦ ; 4 ! t^a. ^1~.~ ItwbIcc, 2589 F 41F-NT StAVI CE •NCY 65~: 14IL.DLIrE PAkWAY GOAND DATES 01/29/85 • PR:+IC2IE, TEXAfi 75050" 41. r ij)rJ P41JMBERS 214/262-0211 YOVR P.O. S p 69409 V 0)R ACCOUNT NUMBER: 012070 AUTHORIZED BYS TIM BARNETT l"1TV ,,F UENTON FOR MODELS CAT 977 604 7rXP,£J ST. SERIAL No. J 11K 3905 DENTON Td 76201 E(A NO, 1 2490 R ! "AB, REPLACE GLASS, ORFROSTER FA ~y~ N9, SEAT Af-,SFM9LY, CUSHIONS & ARMREST, REPAIR DOOR HENGES LA'i''HS:g.4: HOLD BACKS RFMOVI". HOOD, SIDE: PANELS, FLOOR PLATED,BELLY PANS S RADIATOR GUARDS &'STEAM CLEAN MACHINE R & I PUCkET, REPLACE WEAR PLATED, WELD CRACKS, d, REPLACE CUTTING EDGe'8 REMOVE=, BUCKET LOADER FRAME S& TILT LINKAGES, HOIST 6 TILT CYLINDERO RESEAL TILT CYLINDERS PESCAL :-JOIST CYLINDERS REPLACE ALL PINS & BUSHINGS IN BUCKET LOADER FRAME & TTL.T LINKAGE WELD & BORE 6 LOCATIONS ON TILT LINKAGE LI=VERS SERVICE ENG, TRANS, STEERING CLUTCHES & COOLING SY & FINAL DRIVES 4TEAM CLEAN MACHINE, SAND BLASTS UNDERCOAT, PAINT & DECAL MACHINE V . a..o . . fJHOF 1, ABOR t 85.50 HOURS REGULAR TIME) 13 20137.50 PAR'rr; AND OIL 6010.84 OUTSIDE LABOR 11155.00 WELbTrJG 1,NE SALEEY' TAX NONE O INVOICE TOTAL +1 13321.54 Nell i'J L11VQI^LS ARE PAYABLE WITHIN 30 DAYS. THERE WILL y I L 1 nand a ~'i° ti c tvl r~..',iY . 4 y ~~'4' ^5 tp•I iii: JT.'' h .:i 77. tl E~tf1IpMEhT SE RV ICE ,INC. INVOICES 2713` 672 W LI)1 ;Fri t~ pARkWAY DATE1 07/29/85 GRAND PRAiglEs ftXAS 75050 i•'l~t rir,,•~r- NUMBERS 214/262-1211 YOUR P-0-91) 69409 "'ll,'r AC.O"OUNI NUMPERs W2070 AUTHORIZED flYj 11M BARNETT ;:I)Y „F CEN'rON FOR MODELS CAT 977 1.104 I XA9 8T, SERIAL N0.s liK 3905 DENTi*4 TX 76201 Er1 No. $ 2499 • • Rr Pi, 4 'F MUFFLF_Rt EXHAUST- M,%,NfFOi.Dl STUDSI 'TIJrtEA RISL'R, EXHAUST ELBOW EXHAUST ELBOW RISER PEPLACR AIR CLEANER PRECLE'ANER k & I RIGHT TRACK ROLLER FRAME & REMOVE BgOREN R RQLI_t.R FRAME MOUNT BOLTS vt c 9140p, Ll.r-(OR t 21.00 HOURS REGULAR TIME) rG 325.00 PARTri r,ND OIL 300 WELD NG 2976,77 BALES TAX • O.00 NONE INVOICE TOTAL i I'r 739.7':` h,t, r t th:I r:CC'r APF F$AvAPLE W{tTHIN !0 PAYS, TI-IERr' 01i.L 1.1 fAIfCMr.N~ - ~_-iLl =A`c: ire-::Ti.tl 1,k1 OA T, e'g'?. rU R~ q rX, f r iN ~SATE: August 20~' 19R5 P CITY COUNCIL of RT . TO,. Mayor and Members'of the City Council FROH G. Chris Hartung, City Manager SUPIECT: PURCHASE ORDER 09469 BASIC WASTE SYSTEMS PJ OMNENDATION: We recommend this purchase order i1i the amount of #3,386.13 be approved. SUWRYd This purchase order is for repairs to Unit Number 1850, a side loading residential r2fuse truck. BACKGROUND: Purchase Order #69469 Invoice 112193 PROGRAMS, DEPARTMENTS OR GROUPS AI`FECTED: Solid Waste Residential; Vehicle Maintenance ' FISCAL IMPACT: Funds for this purchase gill cone from Account Number 710-004-0598-8710 Sublet Repairs Respectfully submitted: fir 's- Hartung City Manager r Prepared by: N one om D. aw, . Title: Assistant PurchasingAgent Approved: wyf~ -ft, oA rsa , itle: -/Purchasing Agent !mss "1.4 TEXAS Wept-, DE00HO TK 76 41 P. O. NU6ttiER PATE/ VEbR 140. DOCUMENT 7Y 69469 C14 OASa5004 VENDOR SHIP, T0: 3A :IC WASTE SVSTrkMS VEHICLE 9AJNTENANCE 4542 ALCXAMMR Lte CONFIRMATION ckwy 0 AI,LA tt o ?X 75247 00 NOT OUPL 1 CAPE ITEM ACCOUNT NUMBER UMTS t=" MW DESCRIPTION BID NO. LINE AMOUN 1 110 004 0590 8710 1 1850 REPAIR GARBAGE TRUCK 3v 3860 13 n The City of Denton, Texas 1s tax exempt • Clouse 8111 No. 20. TOTAL FnR P&Q* 3 918fie t'! Reference P.O. Number on all B /L, Shtpr, ents and In.olces. Shipments are F.O B. City of Denton, `v as indicated, By rr-~` ► ti-~~ Send Invoices TO- Dlroct Inquttles TO: City of Denton, Acewnts Payable John J. Marshall, C. P.M. Purchasing Agent 215 P. :Kinney St., Denton, TX 76201 Toth 0. Shaw, C. P. M. Asti. Purchasing Agent for as indicated or, Purchase Order) 617/Sbb-$111 D/flf M#116'261.0042 " The City of Denton is on equal ofyortunity employer on 1111,,.,l ' ' N l.r w. ♦7 u °'C' I rtk `r a 1 a4 n~'J ^ J c pY L L T ..1 Nd Ji, rf y. `k 5' sr ° G 'p. S 4 1 ,_~q ' ~ y •I p t ~ '7 y S a k, X '''L ! A JZ! r '.v n , 1 r L Tel sirs, rw r Jr, f Oil ` •r r'S j 1: ~.r~rr..r'*. j" rl i~l. , 1 ,q L..A'r .-.•N,1 I r7 r..49~1{ CAROL i~►~lE 40 NO F EwAY t ft O f"C LLA9r TX 76247 r H U$T6f~, 77076 . i 214/631.3806 f' ;k t - 7 1 3/895 1 710 " ' ' I rr 6 ~tm ',t {!t '11r m{. ♦ t~.'+, ~r 7r t~'ir .'T er , r. -..Y t y. rrv r'Y. ~r I r i r '~~~i, 1 1, a ~Y •i' ~ -VlI s ~ S3 1~ TO + i 1 1 r 1 f 1. ~II ,M! ~"t a :rs~ { . ' DATE i' ^ h ice'. a u,. t `~Jl it ~ ~r ' i' ♦ T:, C r ~1 111.'- ,t I /~•..r•( , r r 1 f' i .,t J~ Y i t •l •t t 1- % S'I [r; ~y,:r:. t I ,n. 1,~. i' ~ j, F . - e ~•1 I IV OUAIIT,TY _ vr'• td: ~~CE$CRIPT~ON , : s`;c r rr ±'/RICE r:• 4 iUYlpljNT': C ASR '1. t CIF +I~/~,Y~'1/.X.~ fro •l.r ~i.l-y~~'~.wai ~~r b,," y,raF• G ry a r.. , •!a? .~a][ .:rl t •r{ • I•j lcrl •1 fI ,l. U J,! VA - 'r7 M'r 9',', 1 jr l. ,ta ~r.irf'a3'rg u. I'.1 rA~~7r lZ ij t. ~,ep tr1 r j ;•r 1, tlg ! 44 1 L.J r l Z 5f fir, l yy(~.{ r 'co 'I •'~'y/' I1y,.y~ 1: y ~''j' • ' !rr L 11r 1 .-t I ',Y 1 111 1 ..j:h 1', I, e 'I S ' 1 t r t Yi fry' r}. 7 y,'~ a l rr~-•• r • t 'u r{ rl,. 4 r.y i.~ .1 21 'J♦. 7lll'. , r' t .Nr'+`li♦/•~~{'a}~lt`.':~ : ..Z r s { tr r.~*,~ rr r L*/ 1. ` X111' • tldl."' ' ,t{ J+' r r r~....~..e+.r L~ L/_~ { ~v/sl ~'{l. • 7 i~^rIJ i•, ~V,"f 4 ~ / f e 't ~ L, I - r .;1, Ij,• I ~ `;•rrl ~:S !l Y'.. .n v',+r.t .lr` .'~9.:r i r , r t ' F'L ~ • .1 1 !~J •7 lyr,•.r t l t t ra < . 'yr{ i'. •r} 3 .r.:e ' r ~.f t~1„ ,ai, '~~}ti' S,, v'/~' t:. 1. e'1~ gry+•,. . . ; i r L 3' P r hr .nEi 7: i..'. .r] °~i"r. t r.• "i:u ~''i, Sr fry 100, 3 I : ,7,..r~~~ T~hvi It., }1 t 1 e p yr, +,I C k { • f« ,d~: ,,li IJ r c. ~~c ••.k n 1.•} 1 r jt' y , 1 . ry"F• t Y jv'Li: r4 ~ ' V X%r , f "e. 1 is , r ' r ` " t1•rr'Jf .~j: f' ~ ` r~ i Jr i. Y ~ ' ! ' .t j - `,L •;1 r yl % 1, r L: t' s.Lr A •i•.~ ~e , ir: r 71. i r tt. f i !wr r. 're! t r ~,+,,r,J .grY t ( V 'j~l/' r ".3f r,r r,, 1 •-::,f - P .r. •r,r 1 1 FAN 0a1I, intro; be refwne4 %,hAJn ~e+M M 4ep from 4000 60. > L pwrAOU la #4 abinel COAA;en'6" w;* Or"I of pwth"a en! vw;d (eaten fw town to be tens;4erN for cia& e,ld/a r Lr.fwtl. J . l hr > a n a,- 77, DA?B 68/l6/85 t Car COUNCIL ag!OA? ibwtAf M Mayor and Meabers of the City Council PAOM, d, Chrio Harting;`,City Manager SUWACt, Zoning Activities Fees RBCOXN9NDATIONs i i Approval of ordinance. SUMMARY: The City Council agreed three (3) years ago to a five (5) year plan to gradually raise zoning fees to eventually recover the costa of implementing zoning requester BACKGROUND: This is the third year of the five-year plan. It will beceme effective Octri;or 1, 1965. PROGRAMS. DEPARTM8NV,S OR GROUPS AFFECTED: Planning rind Development will adwinister. FISCAL IMPACT., General Funds ias exi:acted to be increased by $30,000 in 1985-868 Reaps tu su; t es a. Chris Hattunq City Manager Prepared by' Jef Director of PYann ng and Development Approved s r ,IeEE Me Director f pi%nni and Development 1208a % a ~ s '.S'kQ'She 1M 1 ~iv~ e , l f:., lb,r a tCi ply , p ~y.. ~y r• 1 l't,~x ~F NO. AN ,OILDINANCE OF THE CITY OF DERION ESTABLISHING OR hai 1SINO FILING PEFS PROVIDED FOX by APPENDIX Ao THE DENTON DMLOPMLNT CODE, AND APPENDIX B-ZONINO OY THE CODE OF ORDINANCES OF TU CITY OF DENTON TEXAS, RE4EALING ALL WINANCES IN CONFLICT HCREVITHI AND FROVIDM FOR ki WECTIVE DATE THE COUNCIL OF THE CITY OF DEHTON, TEXAS HEREBY ORDAINSI i SECTION i. That the following fees provided for in Appendix 1. of the Code of Ordinances of the City of Denton are hereby established as follows: A. Feet provided for in Section 4.22 of Chapter IV of Article 1111 1. Preliminery, Fin.,,i Plats$ or General Development Plane: a. Less than 3 lots or 5 acres $ 150.00 o. More than 2 lots or 5 acres $ 525.00 2. Replats: a. Lose than 3 lots or lost than 5 acres ; 200,00 b. All other requests $10050.00 3, Request for variance to Subdivision Regulations $ 125.00 SECTION it. That the fees provided for in Appendix D-Zooing of Ordinances of the City of Penton, Texas are hereby established as follow A, 5 eoific Use Permit request under Article 10. C: $ 600,00 b, Zoniag Amendment request under Article 26, Cs 1. Lose than 3 Iota or less than 5 acres 600.00 2. More than 2 lots or more than 5 acres 800.00 C. Histariaal Landmark designation request under Article 26. CI 65.00 _ECTIO- N III. All ordinances or parts of ordinances to force when t M pro- visions of thin ordinance become effective which are inconit tent PACE i` l ~j~1 7 n +~r W~ ~v~ 8.t i 'r$ .v~ t? r k N t t ! 3 , y~ ~1~~ ~ ~r ~ w I } ~ w~r r ,see i 37~ v ~ ~'~d•b ~ ~ ~ x °I rd v`4 'a t rt 'j n 1 t t a ° or in conflict with the coma or provisions contAined in this ordinance are hereby repeated to the extent of any such conflict. SECTION IV* Than this ordinance shall become effective ieimediately after its passage and approval. PASSED KmD APPROVED this the duy of 1989. CITY 0? UNTONs TEXAS ATTEST] CITY OF DENTON,OTEXAS APPROVED AS TO LEGAL FORMI DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTANs TEXAS BYs l 9MI , a y, PACE 2 X~.. '~~:iC P~f Jp .'M r~.i'~; ~r ~•tv ~ }y .s. f. v~'.i }[.~'1gKq'''~' P• f.;i r~e, a dArict~/~0i~s CITY 16 SIP IT 101MAT TOs Mayor and Members of the otty Council FROMI 0. Chris Hartung, City manager SU9JRCTt ADOPTION OF ORDINANCE FOR ZONING CASH Z-1730 REwDA1'ION s The City Council approved Z-1730 at Its meeting of May 14, 1995. ~!~!l6lsXt This was a request for a change In toning from the agricultural (A) district to the planned development (PD's clasmitioation on a 14 acre tract located along the east side of Riney Road, adjacent and south of Hilbway 77 and north of Windsor Dr. The approved toning permits the development of 31 single falsity detached lots and a retlres►ant/recovery center. flAS~&B~t The intoensity/density standard !or the area was not violated by the approve) of this request. The plan is consistent with policies for diversified land use in low intsnstty areas. P1OQtW, DRPARTZD3NTS OR GROUPS AFFZCTCD% Not applicable FISCAL IMPACT! There is no ldspact on the general fund. Respectfully subtitt dt • O.Ccs tug City Manager Prepared byt Denise Spiv y~3- Dsvelopteont Review Planner Appro di Jeff Neye , olrea~or of pluiaiag and community t4velopeent A •d j: 7 rw4 t~t'~~:~ 'r r q'i!~ k 11~ w a~1' f ~~y ..Y1 4 ti P.wr ,J k r~" '^rti ~t .r \i. l ',ky, "I"tl~ u ~:pr r "j FIT" .d, i, .i n ~ r •yk 1 x~ i '}tA •r :ar. .Pa-, ris .Try NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY Of DENTON, TEXASi AS SANE WAS ADOPTED AS AN APPENDIX TO THE CODE OE ORDINANCES 0 THE CITY OF DENTON TEXAS BY ORDINANC4 NO. 69-1); AS AMENDED, AND AS SAID MAP APPLIE4 TO 14.06 ACRES UP LAND LOCATEC ALONG:THE EAST SIDE OF RINEY ;LOAD, ADJACENT AND SOUTH OF ti. S. HICAWAY 170 AND NORTH OF WINDSOR DRIVE, AT A POINT BEGINNING APPAWHATELY 220. FEET EAST Of TH6 INTERSECTION OF RINtY ROAD AND WINDSOR DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN{ TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DZ$TRICT ~LASWICA TION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD' DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM ANOUNT OF $1,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOK AN EFFECTIVE DATE." THE COUNCIL OF T14C CITY OF DENTON, TEXAS, HEREBY ORDAINSt SECTION I. That the zoning classification and use deeigaation of the following described property, to-wits TRACT It All that certain tract or parcel of land situated in the N: R:-Reiaenh~iser Survey, Abstract 810, Denton County, Texas, heing all of a certain tract described in a deed from C. C. Smith, at ux, to Horacio Pena, at al, on the 12th Acy of October, 19761 and recorded in Volume 808, Pad* 920, dead Records of said County, and being more fully described as follow•su BLUiNNISO at the northeast corner of said Pona Tract At a steel On at a fence corner on the south boundary line of U. S. Highway 77 THENCE south along and near a fence on the east boundary line of said Pena Tract a distance of 804.83 feet to an iron gin at a fence corner at the northeast corner of a tract described in a deed from Cleora Parker to Melvin R. Dane on the 27th day of June, 1964 and recorded in Volume 511, Page 5961 Deed Kecords of Denton County, Texas; THENCE south 89°1''1'08" west with the north boundary line of said Dane Tract a distance of 196.J feet to an iron pin at a fence corner at the northwest cor+u r of said Dane Tract; THENCE south 0°02'47" west with the west boundary line of said Dane Tract along and near a fence a distance of 318.5 feet to an iron pin in the middle of Old Sanger Road at the southwest corner of said Dane Tract; THENCE south 8I°4r'28" west with the middle of Old Sanget'.Road a distance of 4243 feet to a found iron pin at the southeast corr.ir of a tract described in a dead from Grady R. McEuin, Jr.1 at ux to J. A. Miller and recorded in Volume 9211 Page 485, Deed Records; THENCE north 0°10'56" east with the asst boundary line of said Miller Road a distance of 117.97 feet to a found iron pin it the northeast corner of said Miller tract; THENCE south 89'53145" vest with the north boundary line of said Miller tract a diritanea of 109.96 feet tqq a faced corner post at the southeast corner of a'tract describe d`in At dead from Patrick L R rarkstrr And .recorded in Volume 66y, psje 592, Dead Records of atdn County, T0441 2;-1730/ANA AOUCA Pf21A/PAOE 1 4 :k r f, s, _ ~^!J, i~~a alt ,r~W ~ F, Lin' «~t V'S~r~ ~~1` 4 '-'r ~Yf",.N j)C 1: ~4 ,'~'rl r" 5 ~ • ~i~fr d7 t '.>r,;~. ^ r.. THENCE north Qa44'10" west with tenca on the east botiAdiry tine t, of said Parker 'tract a distance of 98428 feet to a fence corner posty THENCE south 89°$3'29" vest with l fend on 'the Sorth boundary line of isid Parker tract a distance of 139.20 feat to an iron pin in the middle of Ainey Road' THENCE north 81616'52" ',e at with the middle of Riney Road a' distance of 659.95 fat to an iron pin at an an;le poia.t in said road; THENCE north 27°1,1131" vast with the middle itif Riney Road a distance of S44.54 twit to an icon pint THENCt. north 48°17'27" east a distance of 24.73 feet to a found iron pin at the southwest corn, r of a tract deacribad in a deed from fiobert J. Moon, at ux to Charles Melvin Cunningham and recorder' in Volume 632, Page 2170 Deed Records of Denton County, Texas;; THENCE: north 48°17'27" east with the southeast bounder line of said Cunningham Tract a distance of 174.94 feet to a ound iron pin at the southeast corner of said Cunningham Tract on the south right-o. Vay of U. So Highway 71; THENCE south S9°34'29" east with the south right-of-way of U. S. Highatay 77 a distance of 251.25 feet to a found iron pin; THENCE south 58°50'46" east with the south boundavy line of U. S. Highway 77 a distance of 434.97 feet to the point of beginning containing in all 14.0734 acres of land. TRACT It. BEGINNING at a steel pin in an old fence corner at the intersection of the eat boundary line of Riney Road and the south boundary line of U. S. Highway 77; THENCE south 59°22'4;" east with the south right-of-way of U. S. Highway 77 a distulce of 239.72 feet to a found iron pin at the northeast corner o,ta tract described in a deed from Robert J. Moon, at ux to Charlie Melvin Cunningham, at ux and recorded in Volume 632, Page 2170 Deed Records of Danton County, Texas; THENCE south 47'09033" west with the nortn boundary line of said Cunningham Tract a distance of 126.37 feet to a found steal pin at the northwest corner of s!i Cunningham Tract on the east boundary line of Riney Road; THENCE: north 28°38'45" west with the east boundary tine of Riney, Road a distance of 237.04 fat to the point uE bigittoin8s containing in all 0.3333 acre of land, is hereby changed from Agricultural "A" District Classification and Uae designation to Planned Development "PD" District Classification and Use designation under the comprehensive coning ordinance of the City of Donton, Texas. SECTION Ile That prior to issuance of any certificate of occupancy for the use of any building within the planned development district, the following conditions shall be mete 1. The overall density level of the entire tract shall not exceed 7.9 units per acre. s!7 2. The retirement/recovery center shall be limited to 60 units. t='a 3. The developer shall dedicate appropriate right-of-way, and peovide necessary off-site street and drainage itpprovemnnts in accordance; with City of Deatdn' re uitemldt_r AlodS,half, of he proposed Rine kosA from Vindsor Dtive to th4 ba ineW of tKa proposed r 1. yr `.C CA PEM/PAGE 2 x 030/ANA R RU fy, wg p fir, 'ti i '.x., ~r ' ,:l, , ',e • t ~9 i a : ,.y Y ~ ✓~1 _ry t j ~ ti.,h ~EWra iii new ,alianoaent of ltinlly Road, , Th• Eival4pm wii+l be required tC"Ppay total cost for that faction Of R[ney Road within the f development (no city patticipati6a in oversising), 4, All sin le faally detached 'lots shall be a minimum of 8,000 square feet in size, S. A six foot olid wood fence shall be 'erected -toag' the southern boaidary of the retirement/recovery center tri.e. 6. Care of alcoholic or narcotic patients is prohibited. 1. The use of the building designated as "rot irement/re-wery center on the concept plan will be limited to providing lodging, meals, and nursing care for ill or elderly peracna only. 8. If the single family dwellings are two story, no windows on the second floor will face existing developed property. 9. The single family dwellings snd'retironont center shall be of -aasonry construction, 10, When the property is subdivided and developed, drainage will not be allowed to flow across the north line of the Dane property. 11. All dwellings shall be 14 n!nimum of 1,600 square feet in size. 12. Existing Riuey Road shall become a cul-de-sac at its northern terminus to prevent direct access onto Highway P1, Plans for installation of cul-de-sac are required at time of platting,_ Actual cul-de-sac must be installed when initial development occurs. SECTION III. That the development of the property shall be in substantial compliance with the site plan attached hereto and wade a part hereof for all purposes, The Zoning Nap of the Cfty of Denton, Texas, adopted the 14th day of January. 19690 as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinl.nce No. 39.10 be, as amended is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications, 5t:CTir ON IV$ That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable co:aiu;rstion, among other things for the character of the district and for Ltd peculiar suitability or particular uses, and with a view to cobservi•.g bat value of the buildinga, protecting human lives, and encouraging the molt appropriate used of land for the maximum benefit to the City of Denton, Texas, and its citizens, SECTI , Any person who shall violate a provision of this ordinance, or fails to coYply therewith or with any of the requirements thereon, f, or of s permit or certificate issued thereunder, shall be guilty of a risdiewor punishable by a fine not exce.aing One Thousand Dollars` ($1 000,00)o Lath such person shall be dedmad ;uilty of a separats offense for each and every day of portion thereof during which any violation of this ordinance is committed, or continued, and upon ,conviction of any such violations such person shall'be punished +ritbin the limits above, 2.1f30/ANA AOCCA' fEl1A/pAd6 3 • ^'l.y i i~'1 J r [e /y SECTION Y„lo' That thin nrdinsoce shall beeo0o effective (arrtsen (!4) 440 from the date cE its passint and the"Cit SectetaCy is here y di- rectod to cause the tsption of this 02d W ato.to .be Published twice in the Denton a,~;ord•Chrcoicle, the official newspaper of the City of Denton, Texas, within ten (I0) days of the data cf its peerage. PASSED AND AEPAOVtD thin the day of 1985. OM FT(K CfTYO1go ST "1 ATTEST: CITY OF DENTON,~TLw "Ty SEC"TAX APPROVED AS TO LEGAL F'OW DEBRA ADAMI DRAYOV1TCH, CITY ATTORNEY CITY Of DENTON, TEXAS BY., 1c. _'~11 twi 1 x+1(30/AM DLM.% PLWA/Pep6 4 I vew, rip h r t0 ! r.m ~~~reva!nwt ~ ` { TI fN1 t N 1 CC N Af -.8 ~ r► K N I >br ~ 11 N f~ ~ ~ bl G D ' A r Is u O y 94 It 1 D t I"Ar ► . Z.i17 30 .r*w . + row ° h p' ti minutes Commission Planning and Zohk~loss April 10, The rappular meeting of the Planning and tonlnQQ Commission of the City of Denton{ Texas was held or •dnesday, A ril 10 1905, at Ss0 p.m,, in the Council Chamb4i the Municipal Building. Presents Bill Claiborne, Ruby Cole, R, B. cacue Jr,, Gary Juren, Robert LaPorte, Tom Pearson and Andy Sidor Absents None Present from Staffs David Ellison, Senior Planner; Denise Spivey, Urban Planner; Cecile Carson, Urban Planner; Joe Morris, Assistant City Attorneys Bob Hagemann Fire Marshall; Jerry Clerk, City Engineers Koorost Qiysi, Transport;. tion Engineer; Rav Rumfield, Civil angineer, and Debbie Boydston, secretary. Chairman Bill Claiborne called the meetin; to order. 1. MINUTES: It 4is, moved air Ms. Co'.:4, seconded by Mr. LaPorte u animousrr carried 7.0) to approve the minutes of the study session of March 6, 1085, It was moved by Mr. Sidor, seconded by Mr. Pearson and unanimously carried (7.0) to approve the minutes of the regular meeting of March 27, 1985, 11. CONSENT AGENDA: It was moved by Mr. Escue, seconded by r. uren, an unanimously carded (7.0) to approve the consent agenda as follows: A, Approval of prolisinary plat of the Cedar Creek Addition, Lots 1-16, Block 1. B. Approval of final plat of the 1,reekstde Addition, Lot It Block 1, C. Appproval of final plat of the roarner Addition, Lot 1, Block 1, D. Recommend approval of yreliminary replat of the JBC Addition, Lot ,At Block 1. E. Recommend approval of preltminary plat of the Naughton Place Addition, Lot 1, Blocs. 1. F. Approval of final pplet of the Sauls Addition, Extension of Lots 7 and 8, Block 1. G, Approval of final plat of the Sunburst Place Two Addition. H. Approval of final plat of the Westgate Heights Phase I Addition. Ill, PUBLIC HEARINGS: A. 2.1'730, Petition of Ana Rocca Pont requesting a change 3n toninxx from the agericultural (A) clossifieation to the planned development {PD) district on a 14.06 acre tract located along the east side of Riney Road, adjacent and south of U,S. Highway 71 and north of Windsor Drive, at a point beginning approximately 220 feet east of the In. teriection of Riney Road and Windsor Dprive. It appproved, the planned Jevelopment will permit the following land amass 31'sisi 1e family detached lots on 10,6 acres wits a density of 2.9 units phi acre (minimum 00000 square toot lots) An 80 nic retiremeP center on 3,s acres with s density n 22.9 units per acre r x, . d, ~ ~ a~ A, ~ ♦ y ~ } ~'yA e 1 ,A ~ tp nK w 5~ t a ti ~"P1' .Y- f +1~~"pt^ ' T sf 4.+{ vr, al i f ~E ( ,r a y: qJ 1' fi P a lf.i' 6 i April IAR,' 1183 : r ~ Page 2' PETITIONERt Grog FdwArds, representing the stitioner, xp a n .the revised lifts plan and stated that they have support of the neighborhood, He referred to staff's recommendation stating that 'five 'coneitLong veto rug- Boated by staff and five were sugggsstiW by engineer. He reqrested clarification on condition 03 stating that he had been talking with Hr Martin.~,bout dadicAtiag addi- tionalright-of•xa Conditio~t 04 States that lots will be a`minimum of S,OO square feet and they have n.,tod on the site plan that houses will be a minimum of 1,600 square feet, on question %a W1 that Riney Road will curve to meet with Donna toad, right-of-way to be pro- vided by developer. IN FAVOR: Ron Arrington, 620 Northridgo, stated Wit supper ng requpat and appreciates the developer talking with the neighbor::nod,,' He said he would like to see a continuation'of aing:v'family devolopment in the ores. He asked those present in favor ►o stand. OPPOSED: None present. STAFF Rt:PORTt Ms. Spivey eeid that ZS notices were matied-to property owners; two reply forms were received in favor, none were received in o osition, one was re- ceived undouided. She continued that there have been several requests made on this particular propertyy, t,let property is located in a low intensity area which areas are intended for single family development with dome diversified lend use, Access to the retirementireeovery center is shown on the interior street and adequate park- tng is provided. The proposal complies with Development Guide policies and intensity standard will not be exceeded. Staff recommends approval with conditions. On question, the said that purpose of condition 09 is to prohibit frame housing. Mr. Clark suggested a cul-de-sac at the end of the existing Riney Road to prevent its intersection with Highway 77 so that Highway 71 will not become another University Drive with too many traffic lights, On question, he said developer has indicated he would dedicate the 0.333 acre parcel to the city for a cul-de-sac. On further question, he said the cityp will partici ate in anythingg over 17 feat on a Colo lector street. He suggested clarifying condition 13. REBUTTAL: Mr. Edwards said that Me. Pena will be dedi- ccaE g streets in memory of her father and her son. He said they will trade not requiring improvements on Riney Road if developer picks up cost for oversising ou newly proposed Riney Road, Ana Rocca Pena, owner of property, said that development will be named Northridge Heights, Public hearing closed. DEC1SlONt Mr, Juren moved to recommend approval of 27tTZaubject to the f¢llowing conditions: 1. The overall denjity level of the entirs tract shall not exceed 7,9 units per acre. 2. The retirement/recovery center shall be lieited to BO units. 3. The developer shall dedicate a ropriate right- of-vay.and provide necessary,'aHlelto street and drainagd improvementVA( accordance with City oC ; Denton requirements 'elon 'hal'f'of Riney Rdad trod ,windsor Drive'to the beginning of the propdeed new alignment of Riney Read, The developer viii be (x, 1f,3° ^h, 17 7- 1 i P S, Z Minutes ' April 100 1985 Page 3 required to ppa total coat for that section of Riney Road within development (ne city Pertici- pation in ovorsizing). 4. All single family detached lots shall be a alnimum of 8000 square feet in site. 5. A six' foot solid wood fence shell be erected along the southern boundary of the eatireaent/recovery center tract 6. Care of alcoholic or narcotic patients is pro- hiLlted. 7. The use of the building designated as "retirement/ recovery center" on the concept plan will be limited to providing lodging, meals, and nursing care for ill or elderly parsons only. 8, if thq single family dwellings are two-story, no windows on ne second floor will face existtni developed property. 9. The singgle family dwellings and retirement venter shall bi of masonry condtructLon. 10. When'tb;s property is sobdividsd.4nd developed, drains a will not be allowed to flow across the north fine of the Dane property. 11. All dwellings shell be a minimum of 1,600 square feet in size. 12. iExxistinghhRRiney Road shall beco-ke a cul-de-sac at Highwayt77rn Plansn orcinatallationroftcul-de-sdrto ere required at time of plattin . Actual cul-de-sac must be installed whin initial developmont occur3. `_Secok.ded by Mr. La Forte and unanimously carried (7.0). B. V-13. Petition of Charles Watkins requesting a varianc, o -Xrticles 4.03 and 4.4% of the City of Denton Sub- division and Land Development Regulations requiring perimeter etreat paving and upgrading the existing waterline across the frontage of the Hickman Addition. This tract is 0.434 acres located south of day Street and east of Ruddell Street. The tract is described as Block A tot 1, of the Hickman Addition and shown in the 1. BroctC Survey, Abstract 55. A single family building is rroposed. PETITIONERS Charles Watkins, representing petitioner, ~a F)WE r is planning to move a sini-le family dwehing onto property, that May Street in a stet coat street and has no curb and gutter, that street deidbndd at a home and there is not much traffic on the ttreet at the present time. There is an existing 2 inch waterline. IN F'AVORi None present. OPPOSED: None present. STAFF REPORT., Ms. Carson stated that five notices were aa""iTed"'fo adjacent property owners, no reply torus wort received in avor, one reply form was received in opposi tion. She continuad that the Legal Department has issued an opinion statids that in no case shall a variance be granted lintees 61.1 of the followin eight conditional as specified in Artiola 10 Chi ter It of Appendix A of the Code of Ordinaticas of the City of Dentoai# are matt 10 ,No modified proposal would conforn to the' city nester plans. 21' Wiral enforcement of A, provisiotj liould rafult in 4n`exereme hardship for the devolopsjent'of the subAivision,, M p s q)- a w'~: d«~ t r u fti{ t d.~ r,"r f 3' ° ~ D~x~t oaitOlOs 3.4. RIt3Q ~►ous~x 7•rf M Kayor and Members of the city council i'ROlf~ G. Chris Hirtang, City Kaniger SUBJECTS ZONING ORDINANCE Z-1737 RYS'~KbAtIOY t The CitY Council •pprovod the rejuest for a change in toning from agricultural (A) to planned development (PD) at its meeting of July 2, 1985, s The property to located north of Palgo Road tad east of Niaybill Road. BACUROUtip t The following land uses are is Auded In the 36.96 acre planned dovolopmentt single family (sr-7), zero lot line, multi-family, and neighborho,)d service. POARAMS. DEPARM11T8 OR GROUPS AFFECTED: No program or departments aru apfected. FISCAL IMPACT: No impact to the genera. fund. Kelp ac ul su t s C 0. Chris vartuog City Kanagee Prepared bYsl~~ C0. k&& , Cecil* Casson Urban Plinner Appr ode Jeff Moy Director }if Planning and Cov01opment 12L1a a { f y I Y { f t ~v.T Q{6~srtaY~ ~Aa 'r t~~ r i Z y a E .i ~~q~• q Pr I, d NO. AN URDINAVCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS: AN APPENDIX TO THE CODE OF ORDINAN ES OF THE CITY OF DENTON TEXAS BY ORDINANCE NO. 69.1, AS AMENDED, AND AS SAID NAP APPLIR TO 36.96 ACR95 OF LAND LOCATED NC47H 0! .PAIGE ROAD AND EAST OF HAYHILL ROAD, AND IS MORE PARTICULARLY DESCRIBED HEREIN TO PROVIDE FOR A 'CHANGE IN 'ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSI."ICATION AND USE DESIGNATION; PROVIDING FOR A MAXIMUM FENALTY. OF $1 000.00 FOR VIOLATIONS THERE0 PPOVIDING FOR A SLVERABILITV CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF, THE QITY OF DENTOVs TLWA HFREBY ORDAINS. SECTION I, Tbkt the zontn, classification and use designation of -the folsowtn$ tioseciba,J ,,cuparty, to-wit., All that certain 35}96 acre tract of land situated in the OLdeon Walker Survey, Abstract 1330 in the County of Denton, Texas, and further being ppart of t 51.650 acra tract of lend conveyed from Robert Bridewall to Woldrip Joint 'Denture by deed recorded in Volume 712, P48e 296 of the Deed Records of Denton County, Texas, and being more particularly described as follovas BEGINNING at a pin found for the southeast corner of the said $1.050 acre tract, same point lying in the right-of-way of Paige Road; THENCE North 85°14'21" Vest 1,264.70 feet along the South boundary of the said 36.96 acre tract to a pin found for the Southwest corner of the said 36.96 acre tract, THENCE North 03°29'42" East 1,320.31 feet to a pin found for a corner; THENCE South 65°X4021" East 1,129.33 feet to a pin found for corner, THENCE South 07'59146" East 355.21 feet to a pin found for angle point; THENCE 3nuth 02°04'27" East 491.33 feat to A pin found for angle point; THENCE South 02°21048" West 315.27 fat to a pin found for angle point; THENCE South 165421 feat to the POINT Of BEGINNING, and enclosing in all 36.96 acres of land. is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" Dieteiet Classification and Use designation under the comprehensive coning ordinance of the City of Deatoe, Texas. x•1111/tICLD9, EDWARDS'6 ASSOCIATES/fACt 1 x~~c sty { ij Lr. *,._.,!'{r h. vil~ a+ 7 e n `I" :'b x 'v Y ~ r e ct ` a ~ r SECTION 11. 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 and restrictions shad be met and applied: A. A solid masonary wailo of a ainiaum height of six feet shall be constructed along and between the entire boundary of the designated neighborhood service area and a zero lot line housing area and along the entire west boundary line of the designated multi-family area. J S. No detached signs shall as permitted in the district. C. That portion of Paige Road extending from the southwest corner of the distrion to.'I-339# shall be improved to provide a 24-foot wide paved street which cockores to the standards and specifications of the City. D. That the area designated for single family (SP-7) ''use shall bs developed In accordance with the zoning regulation applicable to SP-7 zoning districts. E. That the area designated for gdro lot line housing shall be developed in accordance with tno zoning regulations applicable to 81-1 zoning districts except that the lots may be of a minimum area of 3,OOd aqusre feet and the side yard setback requirements applicable to SP-7 toning distrtcts shall not apply. SECTION 211. A. That the City Council approves. the comprehensive development plan for the areas designated as SP-7 and zero lot line housing as shown on the attached site plan, with the conditions and regulC4lons herein stated. S. That prior to my development or construction within the areas designated on the attached site plan as neighborhood service and multifaaily areas, a comprehensive site plan for those areas shall be submitted for approva V to accordance with the procedures required for planned development districts. The comprehensive site plans submitted for such areas ahait nest the following requirements and conditions: 1. A landscaping plan shall be submitted. 2. The comptahensive site plan shall show a 23-foot front yard building setback and shall not contain any parking lots or spaces ttirsin. 3. The area 'fesignated as NS shall not contain any proposed uses inconsistent with the permitted uses listed In Section N "Retail and Service Type Uses" of Article 7j Apandix B - ?toning. 4. The area designated as HP-1 shall coothin only those uses permitted in HP-1 zoning districts. C. That the approval of the district showing designated neighborhood service (NS) and multifamily (MM) areas on the attached site plans shall not and is not intended to be doesNd as approval of such diesignated areas for any 2-1131/FIELDS, EDWARDS L ASSOCIATES/PALL 1 pti 0. '!'y,~ y~ •~'Y, i~ ~ a' 3 1',' S { w'a ~~w, v I * g~ A F .,.1 particular land use, but shall be coilatrued only to mean that saes allowed in neighborhood service (N.t) and multifamily (MY-1) zoning districts on the data', such comprehensive site plan is submitted may be considered am possible appropriate uses for such des lgcated areas it the time a comprehensive site plan to submitted therofores the approval -thereof based- upon such factors, which may include, but not be limited to; the time elapsed from the effective' date of this ordinance to the date such comprehensive site plans for such areas are submitted; the number of proposed buildings, dvwlling units and proposed uses; the arrangement and design of the buildings, streets, parkin3 areas, utilities and other development features; and the proposed regulations to be applied to such areas. SECTION 1V. That the development of the property shall be in substantial compliance with the final comprehensive site plans attached hereto or any comprehensive site plan hereafter approved for any ail of the district as required heroin and wade a pact hereof, for all pur- poses and the regulations, conditions and provielons contained herein. The Zoning Hap of the City of Denton, Texas, adopted the 14th day of January, 1969s am an Appendix to the Code of OrdinallCel of the City of Denton, Texas under Ordinance No. 69.1, as amended, be, and the same is hereby amended to show such change In District Classification and Use subject to the above conditions and specifications. SECTION V. That tho City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, texas, and with reasonable eonstdoration, aeong otner things for the character of the diettiet an-I for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, proteetio human lives, and encoura ing the most appropriate uses of and for the maxisua benefit o the City of Denton, Texas, and its citicans, SECTION VI. Any person wno shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishabl♦ by a fine not exceeding One Thousand Dollars ($1 000.00). Each such person shall be deemed guilty of a separate offons• or oath and every day or portion thereof during which any violation of this ordinance to committed, or continued, and upon convletion of any, ouch violations such person shall be punished within the limits above, SECTION VII. That if an section, subsections parsgroph sentences clauseq phrase or wordy in this ordinance, or application thereof to any arson or clreumstanco is hold invalid b any court of competent Jurisdiction, such holding shall not affect t)-A validityy of the ra" iding portions of this ordinance, and the City Council of the eityof Denton, tekas,'hereby declares it would have oaactod such ienaining portions despite any ouch invalidity. E-11311titus, EWA"$ It ASSOCIATES/PAGE 3 ' n r TI y"(" q, dtk~,'3 `1°~r., g'~~P1+`4"'r~'!4 Syr i~ ti^~i, "t t t Cr~r ?r yyi y< T ! } 4 '•i~ J) X.: T t' v r lw `4 / iY r r R.rl.f ! r xr r~"i ~A" i~'~kk n j r Y e i.~, SECTION VIII. That this ordinance shall become effective fourteen (14) days from the date of its pas(age, and the City Secretary is hereby di- ructed to cause the caption of this ordinance to be published tvice in the Denton Kecord-Chronicle the official nexspaper of the City of Denton, Texas, vithin ten (lb) days of the date of its passage. PASSED AND APPROVED this the day of , 1485. i d`V CIITYYOOF DENTON, TEXAS MUST! CITY Of DENTON,ITEXAS APPROVED AS TO LEGAL rORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS J 1.1737/1IELDSt EDHARM L ASSOC[k„ 4IPA4E 4 ,a ~ No r ww" 1'M.ti.~~ V`~ ` ry k to to rf Ir r r • i rY grjt r• w fll , •..~l v . U f1 1' II n 1 to to to f1+4 • , y io 1. . y 1 ~ M 4 ,1 r . i f • ~..u n 1' 0 MOM 00 may` {f • ~ fr • i~ --~~.•~~T..~.•_1.•~w 1•...r T'~±tia +..~.~rMirYJl Air 90 ryu+p ILYIyM tl•fllt 16 At At. I MN Car, WOM ~ar< TKw.i's % ~ . a~ i. • " E ~ r~ k.'!y 1 : ~ S d?~ ~ " ~ 4i i ~ Minutes Planning'snd ;oping Commission Juni 7c 1985 The re ular meeting of the Plannln and tonin Commission of the City o Denton, Texas was held on ednesday, ~une 12, 1985, at S:00 p.m.. !n the Council Chamber of the Municipal'Buildinl._ Present: Bill Claiborne, Ruby Cole, R. D, Rscue, Jr., Gary Juren, Robert LaPorte, Thomas Pearson and Andy Sidor Absent: None Present from Stiff: David Ellison, Senior Planner- Steve Panning, Senior Planner; Denise Spivey, Urban Planner{ Cecile Carson, Urban Plannersi Harry Persaud, Urban Planner; Joe Morris, Assistant City Attorney; Dave Has Assistant Director of Utill:its, Jerry Clark, City Engineer; Yolanda Carpenter, intern, and Audrey Bachman, Secretary Chairman Bill Claiborne called the meeting to order. 1. HINUTES: Chairman said that on page 5 of April 21 minutes tKen ime "Bonnie Schueler" should he changed to "Connie Schueler". It was moved by Mr. Sidor, seconded by Ms. Cole, and unariaously carried (7-0) to approve the minutes of regular meeting of April 21, 1985 as corrected. It was moved by Mr. Bscue, seconded by Ms. Cole, and unanimoo!ly carried (7.0) to approve the minutes of work session ci May 1, 1985. It was moved by Ms. Cole, seconded by Mr. Escue, and unant mously carried (7.0) to-approve the minutes of regular westing of May 8, 1981, 11. CONSENT AZ ENDA: Mr. Sidor pointed out that item A, Johnson Xnl otTn, gKould read that tract is located it the northwest corner of tell as Drive and Teasley Lane rather than the southwest corner. it was moved by Mr. Sidor, seconded by Mr. Laporte and unanimously carried (7.0) to approve the consent agenda as follows: A. Approval of final plat of, lot 1, block 1, of the Johnson Addition. B. Recommend athroyal of preliminary rapist of part of lots 7 and 9 of e Wainwright Addition and part of Block 28 of the Original Town Addition, Ill. PUBLIC HEARINGS: A. t-1737. Petition of Fields Edwards a Associates, Ins., representing Pa1ge Road Venture reetuesting a change in zoning from the agricultural (A$ classification to the planned development (PD) classification on 56.96 acres. The tract is located north of Palle Road and east of Mayhill Road and shown in the Gideon Walker Survey, Abstract No. 1330, The following land uses are pro- posed for the planned develop..enti Single Family (SF-7) - on 16,92 acres with a density of 4,S units per acre total of 77 Units taro Lot Line - on 6.80 acre, with a density of a./ unit,s per acre total of 30 units MultiFamily,-- on 9.24 acres with a density of 20 units per acre total of 185 units Neighborhood Service + on 1,00 acres kr; J .Rk ` 6 \ , 'aas~r7 ~1 r ~i'. „ a 'P ;4 711 1 P Y" I~It11td~. Julie I20 ' logs Pais 2 ^ Seven notices 'w to sailed to rip rtty Qw,ners'within 200 festt no reply forms were recgiveed in favor or in opposi- tion.. PETITIONER: Greg Edwards, representing Roddy E'Aterprises, owners 6 property, stated that be has worked with the city staff in developing this site plsn,to be'suta that it complies with the Development Guide. IN FAVOR; None present. *0 EDs Ms. Eileen Powell stated she is concerned with ensity of the area, that there is slready an existing large mobile home perk south of them, STAFF REPORTS Ns. Carson stated property 's located in =-13R"i Ml ty area, that approximately 1s5 cult -family units are planned. She pointed out that petitioner had thanked the general retail portion of site plan to neig boyhood service. Proposal will generate Approxi- mately 51600 trips per day which will not exceed intenri'ty standard. No Devi -lipient_Guide olicies have been violated and staff recomssenus approval ate ject to conditions. R rrA~ s Mr, Edwards repeated that pstitionoe, EBtf."l.es T'Mfi Development Guide policies and stayed 'within intensity requirements. He asked that Commission recommend approval to the City Council. Public hearing closed. DECISION, Mr. Juren moved to recommend approval of t-1137 su ec to the following conditlonss 1. A solid masonry wall (minimum 6 feet) shall bo con- structed between the neighborhood service area and the zero lot line housing and along the east side of the neighborhood ses`vssce area. 2. A solid masonry wall (mtrsinu■ 6 feet) shall be con- structed along the west side of the multi-family area, 3. No detached signs will be allowed. 4, No parkin will be permitted in the front yard. S, Multi-family and neighborhood service areas shall be landscaped, 6. Off-site road improvements on' Paige Road to I•SSE will be required, specifically ppaving a 24 foot section, 7, Development standards (setbacks, lot sizes, tot depth, lot width) for the single family (SP•7) and multi- family (MF-1) areas shall be consistent with the standir s in the City of uenton Zoning Ordinance and with Article 7, Section B, 'rya mart' Residential limes; of the Zonin Ordinance. g. The neighborhood service irea shall be consistent with the uses permitted in Article 7, Section N, Retail and Service Type Uses, of the City of Denton Zoning Ordi- nance, 9. The zero lot lines will have a minimum S,000 square foot lots (SO x 100) and shall be consistent with the developpment standards for sinhla ahitY (SP-7) unless otherwise shfwn on the compre ens ve site pain. Seconded by Ms. Cole and carried (6.1). Mr. Claiborne voted na, S, 1.1740. Petition of Burke Engineering, representing J36 S61ew 'requestin a change in coniing from the agri cultuts1 4) c Ussiffcation to tho planned develorment (PD) elrssificition, Ttie property is located at the souttiast corner or PH 113D and Hobson Lane and couists of approximately 27.3 acres, Tho following land uses are proposed for the planned A;velopments' ~f f,y` L " YDS. .p, v; yik ' rai <A:; 4 ~F~k" mad ~.1f' l ra{a} 7 ~ th ! h vi 7 7: - '°a, i _fy 'dW . { • ~y;"yn p^ .a73 4~ QIL` ttPa~ TOOT " T0: 9&14r and Members ofEhe City .Council'.. • V IROM1 C. Chris H11ttung, City Manager SUBJIdTI ADOPTION OF AN ORDINANCE AD S,BRVICE PLAN ANNeXtN0 A TRACT OF LAND CONSISTING OF APPROxi'VATELY 160 ACRES OF t"D BRING PA0 OF THR`0. WALKER SURVEY. ABSTRACT 1330, AND THS M.E.P. A" P.R`IRS SURV Y, ABSTR.kCT 950, AND SITUAT9D NORTH AND SOUTH Or PAIGE ROAD BR SN 1-3SR AND SNISHER wo (A-20) RECOl4i6ND~ION The Planning and Zoning Commission aEbQs ;n WW {I1 1t?I~Jkc M; A 41.6 acre parcel proposed for mobile hose park development adjacent to the Rollingwood katates planned development prooipitated Ahis joint annexation petition. The owner of the 41.6 acres has withdrawn his petition for a mobile hoses park specific use permit,' indicating that he will propoui sow other development at a future date. The City Council directed staff to odd surrounding property that may have devolorM nt potential. Property along the north'` side of Paige is inoluded'and the reaction of some property owners to Involuntary annexation has not been favorable. BACKCROUND1 RxIsting and proposed development ranging from attractive single family to well to poorly maintained manufactured housing has impacted the Paige told corridor. p RAN3, jj1PARTMRNTS OR CROUPS AFFBCTEOt Twelve (12) property owners were notified of the annexation request. The O'Brien interest has replied in favor and Mr. Arnold Kenas has submitted a reply tom in opposition. Sherwood Mobil* Hoge Park is also included in the proposed area of annexation the park is well maintained, but is not served by fire hydrants. FISCAL IMP s Department budgets Respectfull submit ds G. Ch !s artuag Prepared bys city manager David Ellison Senior Planner APpr ed lquqqqm SAM" ~.rr Me e Director of Plaaniag and Deve16piient 1195; 77` R " r M 1 atl tw a' fs r: r'k r t 1 . r ~ a a t NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AM AD.tACCUT TO TRACT OR LA THE NDCCITY Of ONSISTING OF AT OKpiATLLY 60,00 A RE~ O F LAND LYI GLAND BEING SITUATED IN THE COUNTY Of DENTON, STATE OF TEXAS AND BEING PART Or THE 0. WALKER SURVtY, ABSTRACT NO. 1330, AND THE M.E.P. k THEE SAME AS YAGRICULLTTURALO" Alt D1STRICTN POPEiW TEXAS- AND 'DECLARING IAM 1 EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texes, on the petition of the City of Denton, Texas, and WHEREAS, an opportunity w afforded, t a public haarinj held for that purpose oo the I_ a of n „ 1985 la the Council Chdmbera for all 2-s reseed persona o a a !R their viewe and present evidence bearing t,pon the annexation provided by this ordinance=;and WH91MAS, an opportunity we afforded per, t a public hearief held for that purpose on the, ''aa de of v n C , 1985 in the Council Chambers for Ill40resNd ens o •tata their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one tine in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY Or DENTON HEREBY ORDALNSt SLCTI(IN 1. That the hereinafter described tract of Land be, and the same la hereby annexed to the City of Denton, Texas, and the same to afada hereby a part of said City and the land and the present and .utura inhabitants thereof shalt be entitled to all the rights and grlvitegoa of other citizens of said City and shell be bound by he acts and ordinances of said City now In effect or which day hereafter be enacted and the property situated therein "hall be subject to and shall boar its prorate part of the taxes levied by Me City. The tract of Land hereby annexed is described as follows, towitl ALL that certain tract or parcel of land 1 ing and being situated in the county of Denton, state of Texas, being a pace of the 0 Welker Survey, Abstract Number 1330 and the H,t,P k P,R.R. Survsy., Abstract Number 950 and more particularly described as follows; BEGINNING at a point in the present city Ltaits, said point lylegg 250 feet Northwest of and perpendicular to the center line of t•33t, said point also being the Intersection of the Northeast boundary line of the tract described in Ordinance Number 69.40 IV with the southerly Southwest corner of the tract described in Ordinance Number 84.115; THENCE North 93043616" Weat, alon` the present city limits (Ordinance Number 84.115) and in said road, a distance of 192,91 feat to a,point for a corner in the Southwest right-o/tvay line of the H.R.kT, Railroad; A-20/PAOE l t } J 11 R k s .k f t i i. o .rI A y ' ) 9 n o ° r . 3 x t' ix M¢a +7^.~a-:' dw a t ,~fl S1s' 4 'a. It t s THENCE North 97°46'16'' West allon said railrad rlggS;;-of-xay and Said city limits, a distance of o ~S1,3S lest t curvy to thr<.beginnln of a the ieft with a central an ot7.28'28", radfua of 2,914 tees and a chord of North 34 02'0le" Hest, 319698 feet; THENCE istance o~ 39 tance 0 an are dis j1y alon avid right-of-way and said city limits, 0.24 fest to a point, THENCE South 32°03'09" -Vest, along said city Yalta a distance of 360.02 foot to a point fora corner; THENCE North ~7°S6'il'f Vaat, along said city limits, a distance of 739.26 feet to a point for a corner in the present city limits, as described Ln Ordinance th aber 73-36; THENCE North 16*40' Cast', along said 'city limits, a distance of ~ 850.19 feet to a point !Or a corner; THENCE North 22°34'40" East, along said city limits, a distance of 64,12 foot to a point; THENCE North 36°39'30" East, along said city limits; a distance'ot 198.59 feet to a Votat for a corner in the Northeast right-of-)gay. line of said li.KAT, Railroad; THENCE South 11034'l6" East along said city limits and railr Ad central' swsy to the 6°121 # radius of 2,8curve 9 to tests chord tof with So: ch 24°40'16" East; THENCE Southeasterly along said city limits and rtpl,t•~f r. with sold curve to the right, ea arc distance of 1,;'„16: feet to a point; THENCE South 31'48'04" East, along said city limits and right-of-way, a distance of 446.18 feet to a point for a corner in acid page Road; THENCE South 88027103" Fasts along said city limits and in said. road, a distance of 25.9 feet to a point for a corner; THENCE North 37°48'04" Heat, along said city limits a distance of 382.6 feet to a point for a corner; THENCE North 04.06031" East, along said city limit, a distance of 395.07 feet to a point for a corner; THENCE South 88°09'41" Fast, along said city limit, a distance oS 597.01 feet to a point for a corner; THENCE South 86°06'50" East, along the present city limit (Ordinance Number 84.17 it), a distance of 621.96 test to a point; THENCE South W S8120" East, along said city limit, a distance of 481.26 feet to a point; THENCE East, along said city 1Lait, a distance of 198.5 toot to a point for a cornerl THMU South 03.29142" Vest, along said city omit, a distance of 733.6 test to a point for a corner in Page Roadl roN d$ too at pointiforla eornar same bit othn 16rthwe a co ner of the tract described In Ordinance Number 8 •97i A-26/PACE 2 1 y nM t b t^ d r. l •s n~'~:A,;ah lfn .7r rl,, N THENCE South 03°56'48" East, along said city min=t, a distaace of 1593.86 I felt to a point for a corner in the Northerst right-of-way ~aa of tha N,K.LT. Railroadj THENCE South 12°42'18" East aloe= eaid city limit and railroad right-of-way, a distaoc• oY 215.16 fact to th+ begiaaingg of a of OL°33'28'' anright chord of South 71; 44i 4'1 last] 51.88 foot1 an=1• THENCK Southeasterly, along said city limit and said railroad right-of-ivy, an are distance of 51.18 teat to a polar for a corner; THENCE No'cth 86°15' Vest, along the present city limit (Ordinance Number 14.44) to a point for a corner, raid point lying 500 feet Northaaol of and per endicular to the cantarline of I-351 and North 03 43' East, 1,000 feet from the South boundary line of said 0. Walker Survey; THENCE South 01'42' Nest, alone maid city limit, to a point 250 fist Northeast of and perpendicular to the center line of I435Ej THENCE North 49°37' Nest, along the present city limits Ordinance' Number 69.40 IV), ?.50 feet Northeast of and parallel to the center line of 1.35E to ,`,he place of beginning and containing 160,00 acres of tend more or lose. SECTION II. The above described property to hereby classified as A ricul- tural "A" Dlltrict and shall so appear on the official :on ag +tap of the City of Denton, Texan, which sap is hereby &&ended acc„tdingly. SECTION M. This ordinance shall be ofiective Immediately upon its passage. Introduced before the City Council on the At day of 1985. PASSED AND APPROVED by the City Council on the day of 1985. KICHARET CITY Or DENTON, TEARS KAYM ATTIST r GM=-1"19 ALLEl1;Z'fTY SI'CKETA" CITY Of DENTON, TEXAS DEIRA ADAMI D D MYOVIYCH~RCITY ATTORNEY CITY Of DENTON, Tt%M .404 bYt A-20/PAGE 3 PLAN' OF 89RVICE FOR AN* ZkED AR9A,.'CITY:OF DENTON6-TEXAS "EREAS, Article oioa as amended requires that a'pla'n 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 RE60LVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, Pursuant to the provisions of Article Ma 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.pOrsonnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic eontrol devices will be install-id as the need therefore is established by appropriate study and traffic standards, B, Fire (1) Piro 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) hater 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 wi17. 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. 9 •rf~ i i Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (,3, Reconstruction and resurfacing of st3-eets, installs- tion of story drainage facilities, construction of curbs and gutters, and other such major improvoments, as the need therefore is determined by the governing body, will be accomplished under the est0lishad policies of the oity, 0. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of kAnexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective da:e of annexation, City planning will thereafter encompass the annexed area. I. Strer•&; Lighting (1) Street lighting will be installed in the substan- tially developed areas in accor4ance with the established policies of the city, J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc,, on the effec- tive date of annexation, The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K, Electric Distribution (1) The city recommends the use of City of Dentun for electric power, Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 9 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- linem as: i (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 econoAles. 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 Q1 other areas of the city. ar is {ya •`✓'r Fs~~ a t, • ~j/ti 7 i IR l . • • tiltii•YS~ . *~II~.♦ AIM 1 r r ~ 14' 1 • fi': Ll p ~ '~::f:Ti'~ Vii[}. r• 'r,.y. ~ s'.......~. . . rte: . ...a. i r I COR/hu I t p J_n t 1r a - n3 t l7. ~.t + : t r ~ yf r . ANNBXATiON BCHtDULH v May 13, 1985 submit city Coo cit.-agenda item ✓ May 141 1985 Submit City Council ;Agendai back-up ✓ May 21, 1985* City Council sots date, time and place for public heating ✓ May 22, 1985 Notice to Denton Record Chronicle May 24, 1985 Publish notice and mailout ✓ May'27, 1985 Submit City Council agenda item May 28, 1985 Submit City council agenda back-up v June 40 1985* City Council holds public hearing W, June 5, 1985 Notice to Dentor: Record Chronicle y,"June 7, 1985 Publish notice and saitout ,iJuns 10, 1985 Submit city council agenda item v,luns 11, 1985 Submit City Council agenda back-up v--June 18, 1985* City Council hold+t second public hearing v June 24, 1985 Submit City Council agenda item June 25, 1985 submit City Council agenda back-up July 2, 1985* City council institutes annexation proceedings ✓ July 5, 1985 Ordinance to Denton Record Chronicle e/ July 7, 1985 Publish ordinance August 1985 Submit city council agenda item v~ August 60 1985 Submit City Council agenda back-up August 19, 1985* Final action by City Council *Denotes action by the City Council 0964q r x ` y.. '.r P 1 i Ntnut4', June 12, 1981 Page a 'l 390 ana Hickory Creek. On question she sold that occupancy oper will not be able to get a certificate of o:cupncy t until sexerline Is completed, that it is partially a city project and partially a developer project. PErITIONERa On question, Greg Edwards, representing the d'tVIFTOPdT; stated they have no problem with staff's sug- gested condition, DECISION: It was moved by Mr. La"orte seconded by s. o e, and unanimously carried (7.0j to recommend approval of preliminary plat of the Denton 20 Addition, lots 1.7, block A sub Oct to the completion of the sexerline north o Rig way 380 and Hickory Creek. B. PRELIHINAnY PLAT OF THE J. M. ANDERSON ADDITION, o s , S%n , STAFF REPORlt Ms, Spivey stated this is a 1 9 acre tract Turtrea 6n "the east side of FMI130 east of Ftneher Road, Property is located in the ETJ and residential development is anticipated. She said that slater will be prdVtded by Platlmeet$ requirementsmandwill Devplopment sower Review Coaeitte, recommends approval. She advised there is one problem, subdivision r1 ulations require a sidewalk alon FMI830 and developer does not want to provide 2 •idewsik. On question, she said this is a considerable dlstence from where any sidewalks are provided, PETITIONER: Greg Edwards representing the developer theslar$e rd6 not feet esidential lots and sidewalks they willrequeaddsantydelvaletiueoto of that requirement, DECISIONt Mr. Sidor moved to recommend approval of pre- a Y plat of the J. N. Anderson Addition lots is 2 and 30 and also recommend a waiver be ranteA on sidewalk requirement. Seconded by Mr. Escue and unanimously car- ried (7-0). C. A•2; , P ion o etition of the City of Denton and Pat O'Brien for of thet0, Walker Surveys eAbstractc1130, andt~theeM,9.Pnparend P. R, A Survey, Abstract 950, and situated north and south of Paige Road between I-SSE and Sxlsher Road. STAFF REPORT: Mr, Ellison explained this is a joint peti- on o y of Denton and a developper who wants to ouild a mobile home park on Palle Road, Mr. O'Brien+s petition was for a 11 acre parcel City Council instructed staff to add other properties to fill In gaps. There are still some laps, a substantial amount of property is not being annexed. He said that the Sherwood Mobile Rome Park which has 91 sites existing .wdith 15 being added is in- cluded, The park Is connecte to city sewer but not to city water, %hpre is lnadequote fire protection btesuse there are no fire hydrants. Staff contacted the legal departmaat ant received an opinion that the city would not be liable if iho part is annexed as no fire hydrants exist at, the present time. On question, he said the city would not make them put in fire hydrants. He added that the park is currently outside city and snythipS existing or under construction at the time of annoxation woul e consldered n6a~e',,t.forstinj, On further qquestion,. he sold thl,t staff is rtcommondin snae~t atien of 160 mores, hotr• e~sr,'there its sotto opool wtbn 6elause of trues,' He said t ►t City Couneil hay held 666 public hearing, 14 -mr;7r- x.. - J 7"' ra i. 'l n 4t~. v :fit ti 7' 1 _~"-l ar ~ t;cY ti,w T P 4 t 14inu es June l2, 14115 Page 9 Mr. Cla borne commented it is his feeling that the 41 acres should efinitely be annexed and pprobably in,lang term interest of city Sherwood Mobile Home Park should also be annexed to control future d1velopaeht. Mr. Ham 14V led that theta is an g" watar line 'at corner of Paige end service road. On question, he said they could not be required to tl'd onto It. On further UPS. tion he sold that if park expands they can be rAyi~ired to c16 onto line. DECISION: It vss moved by Mr, Jurah, secoqnded by mr. rearson, and unanlrou-ily carried (7.0) to recoiamend approval of, A•20. 0. A-21. Petition of Bruce R. Mesa for voluntary annexation 'o -758.66 acres being part of the S. Myers Survey, Abstract No. 8430 and the A. Miller Survey, Abstract No. 80 and beginning west of Underwood Road, salt of C. Wolfe had, south of JIn Christal Road, and Forth of Tom Cole Road, STAPF RPORT: Mr. Ellison stated this is a yoluntar i'M1fbWaIja11 91 2511 acres, that a petition has been sub- mitted on approximately 658 acres, including this propp- era for a change in rosins if a agricultural to lI ht Industrial, The remainder of the property was included In a previous annexation in 1983.84. He said the CSiyy of Denton Economic Factbook identifies this as a possible LI site. DECiS10", It was loved by Mr. LaForte seconded by plTCaT8, and unanimously carried (7.0$ to recommend approval of A-21. E. HISTO~`IC LANDMARK PRESERVATION PLAN. DISCUSVON: 11ullitt Lowry, acting chairman of Historic an mar "commission, stated that the landmark commission is -esenting its Preservation Plc:i to the planning and Zonrris Commission for recommendation to the City council, He said the plan contains an introduction to historic preservation, a history of Denton0s historical toning ordinance, an architect•iral history of Denton, structures and areas worthy of designetlon and a summary of recom- mendations. On question he sold the plan was written about a year ago, was polished up and presented to the landmark commission for approval last July it has been in the City Attorney1s office since that time. Here- (erred to Item H under recommendations, stating that the City Council Is apparently unwiitln to designate a dis- trict fn the TKU area even though NO landmark commission feel) it is appropriate. Mr, Pearson asked whether the c4ty could designate a prop- erayy if the owner did not want designated, Mr. Lowry replled that lands rk commission has never designated a pr,°.Otrty agelnet t e wishes of an owner. Quottion of some eo,A a re uesting deslnation for tax purposes even though Zia p;opartty is not truly historical vas discwssed. Hr. LVriry said that landmark commission .Wld not retolsre d that propPtrty. He ex iained that a recent ara.a $66e e(ore the P1aanln` and tonin`` Commission wtthout s recommendation from the Hiotorle Landmark Coal- Mlssion, that it wit an unusual case and landmark coasts- sionst8 were (fee to support or oppose the request. It vas not in fact ttcosM udsd by the la,Nll,tk comalsslon, ti,, DATE:` 88/x0/85 CI11 0wNCIt. RBA 'r i► Tdt 'Mayor and Members of the City Council "'777---• PPOMs 0. Chris Hartung, City Manage[ SUBJ9CTs ADOPTION OF AN ORDINANCE AND SERVICE PLAN INSTITUTING ANNEXATION PROCEEDINGS FOR APPROXIMATELY 115 ACR93 OF LAND BEING FART OF VHS J. NEST SURVEY, ABS'TRAC'T 1331, AND B&OINNING APPROXIMATELY $0000 FEET NORTH OP.U.S. HIGHWAY 380 BAST AND NEST OF ROCKHIt,L ROAD (A-22) RECOMMENDA'~ION s The Planning and zoning Commission is tentatively scheduled to make a recommendation at its meeting of August 141 1985 SUMMARY: This is`a continuation of An'knnexation plan begun in 1983-84 that will extend the City of Denton's extraterritorial jurisdiction in this area to enable additional futur4 annexations in the area of our future water resource and aid in defining the ultimate northeastern boundary of the City of Denton. If the process continues, the next scheduled action is final action of the City Council by adoption of ordinance and service plan no lose than thirty and no more than ninety days following institution of annexation proceedings. BACKGROUNDt Final action on a 175 acre strip adjoining this area was taken by the City Council on February 21, 1981. The annexation process was initiated earlier, but halted when an error was discovered concerning the legal description and affected property owners. PROGRAMS. DBPARTMBtus OF. GROUPS AFF8CT80t All of the property belongs to the City of Dallas. II F1SCA6 IMPACIt Undetermined RerQeqLfu nub t ds e 0. Chris Hartung Prepared byt City Manager n & M - David Ellison senior Planner Approve s Jeff Meyer Director of planning and Community Development 11939 TA. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE C11Y'Or DENTON, TEXAS; 991HO'ALL THAT LOT TRACT OR PARCEL or LAND CONSISTING OF APPROXIMATELY 115 ACRES OF .AND LYING AND FRING STATE THE SITUAJTZO- VEST SURVEY COUNTY AISTRACT~We 13~011A DENTON COUNTY PMUSSY CLASSIFYING THE SAM AS AGRICULTURAL A DISTRICT ?ROpjJTY; ANA DECLARING AN EFFECTIVE DATE. VHl1!GS, the request for annexation was Latroducad at a regular meeting of the City Council of the City of Denton, Texas, on the patltion of the city of Denton, Texas; and WHIR EAB, an opportunity w a'afrforded, a public hearing held ~ for that purpose on the ~ ~G day" of , 1985'in`the f' Council Chambers for all`s-aF"irested persons state their views and present evidence bearing upon the annexatioa provided by this ordinance; and WHEREAS, an opportunity via offo`s"ded, t a public hearia held for that purpose on the day c~I s t , 1SES ~n the Council Chambers for All 44 ranted pars o a a e their views and present evidence bearing upon thO. aaM xatioa provided by this ordinance; and WHEREAS$ this ordinance has been published in full at least one time to the official newspaper of the CM of Denton, Texas, prior to its effective data, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the hereinafter described treat of land 6s and the same is hereby annexed to the City of Denton, Texa:, and the same is made hereby a part of said City and the land end the present and future iahab:tents thereof shall be eatitlee to all the rights and privileges of other citisens of said City and shall be bound by the acts and ordinances of said City now in effect or which say hereafter be enacted and the property situated therein shall be subject to and shall bear its prorate part of the taxis levied by the City. The tract of land hereby annexed is described as follows, to-wit: All that certain tract or parcel of land lying and beins situated la the County of Denton, State of Texas, being part of tfa J, Vet Survay, Abstract 1331 and more particularly described as follovio BEGINNING At a point in the present city limits, said point lying in the North boundary line of said tract described. in Ordinance No, 84.159 said point also 1 in1 in the last boundary line of a tract described is Volume 607, page $63 oft the Deed Records of Denton County, Texas; THENCE 14arth $too he East boundary line of a tract described in Volume 60? Page 363 of the dead records to a point is the North boundary line of the J4 West Survay, Abstract 1331; THENCE East'slont the North boundary line of the J, Wait Survey, a distance of 36500 flat to a point for a cornar; THENCA South a distance of $00 feet to a point for a corner; PAGE L z ,r ~t 1,~'%:;{ a '6ti a yu.'1"'.." THENCE W.st a dietacce of 30000 feet to a point for corner; THENCE South to a point for a corner in the said 'present city limits, THENCE West rrlonj said present city limits to the place of bolinnlna and con;ainia= 115 acres of ?end Note or lose. SE_ C'iIM it. The above described ro~erty is hereby classified is Aaricul- tural A District mad shall so appear on the official sortiins rap of the City of Denton, Texan, which ■ap is hereby amended accordingly. SECTT~yt1- It This ordinance shall be effective immediately upon its passage. Introduced Warm the City Council on the day of ?985.x' PASSED AND APPROVED by the City Council on the day of 1985. CECHOP D 'VLWARTE~-MTOR ATTESTi CKARLUAL'ZA-1L'LLMj CITY OP DEMTONj TECITY 39CUTAKY XAS APPROVED AS TO LEGAL FOPM: DEDRA ADAM DRAYOVITCH, CITY ATTO:rNEY CITY Of DENTON, TEXAS B Y I _ PACK Z PLAN OF SERVICE FOR ANNEXED AREAS 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 ennexing an area; and WHEREAS, the ity 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 ME CITY OV DENTON, TEXAS: Section 1, pursuant to the provisions of Article 9701as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I, Basic Service Plan A, Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Eire 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 i will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4,09 of appendix A of the code of the City of Denton, Texas. D, Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4,09 of appendix A of the code of the City of Denton, Texas, E, Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the offsctive date of annexation, r r t 'a r 5 7 7 7 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 mL!ntenance 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 guttirs, and other such mayor improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. 0. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin U the annexation area on the effective date of annexation, H, Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extaad 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 he installed in the substan- iially 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, eta., on the effec- tive date of annexation. The same standards and policies now utdd in the present city will be fol- loved 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. ..cC t, ~ a 4 r4' D1 t1 •:°r t ~„~'.t •Yt r. 1`'.: tx !h F 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, 11, 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 ased partly on density of population, irtag,nitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportuaities, (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 tho annexation area will be judged accordingly co the same established criteria as all other areas of the city. 24 e EXTRA TERRITORIAL JURISDICTION LINEi EIJ~I~TTOFII _ ~ • I N1 {rV .~f ~r r~7 i Tr ;.x777777; L-, RHODES RD._.. .V1 T!ZI ' r + N 4 I (ARTLEE FIELD RD. ' 4.1._ 6 1 I r r rR 7~1 ,7 4~a n ~ ,r. 5, ya. 1 Y fw r, b.. t : r e.': oVJ ANNEXAVO SCHEDULE ✓uns 241 1985 submitCity Counci) agenda stew ✓June 25, 1985 Submit City Council agenda back-up v,+July 2, 1985 City Council set, date, time and place for public hea.',,q July 3, 1985 Notice to Denton Record Chronicle July 5, 1985 Publish notice and mailout July 8, 1985 Submit city council agenda item July 9, 1985 Submit City Council agenda baok..'n * July 168 1.985 City Council holds public hearing ,,.-July 17. 1985 Notice is ue4ton Record Chronicle July 190 1985 Publish notice and mailout July 29, 1965 Submit City Council agenda item July 30, 1485 Submit City Council agenda back-up August 6, 1985 City Council holds second public hearing August 12, 1985 Submit City Council agenda item August l3, 1985 Submit city Council agenda back-up * August 20, 1985 City council institutes annexation proceedings August 23, 1985 Ordinance to Uenton Record Chronicle August 25, 1985 Publish ordinance September 161 1985 Submit City Council agenda item September 17, 1985 Submit City Council agenda back-up • September 24, 1985 Final action by City Counc'_1 at spac!al called meeting *Denotes action by the City Council Op64q, wf y.r ty yPt r'r 4~d" k k. dd} ~..r s t V ia~F rNv j kr,,, 7 7 1 17 t g'~x~' 'gv r •~9.°0 ~ Yf ! r yy~ li~ ry i~ e ~a ,'i iyr r r' w5r fr,ly. r ~~O]►fitt dBT~/ , AIL YRPdi~'f 1►ORLIAT TOt Mayor, sad licnberes of the Cite' Council FROlit 0. G1tt:l5 llortun`s $ity ttanager S'JBJRCTt ADOPTION OF AN ORDINANCE SETTING A DATE, TIM AXO PLACE FOR PUBLIC FOR ANNlRILATION HEARINGS CONCRRffINO THE PETITION H CtIf OF D OF APPROkIKATELY 160 ACRES BBING PART OF THE BBB U DaCRit SURYBY, ABSTRACT 141, AND LOCATED NORTH OF Flt 11731 SOUTH OF BARTROLD ROAD, WEST OF IM-35 N, 00 EAST OF MASCH BRANCH ROAD AND THE GC A SF RAILROAD (A-24) BCO NDATIONt Staff recommends that public hearings be held on September 3 and September 17 during the regular City Council meeting. SVIMARY- Residents of the area to question and staff are concerned about development patterns and possible environmental impacts, sofas limited development is underway and existing land uses includes auto salvage business and similar unattractive commercial ventures. VkqKqL0Mt PROGRAM 09PARRIENTS OR GROUPS AFFICIRt The City of Denton Public Utilities Board, City Engineer, planning and Community Development Department and some area residents tave 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-Statl, roster's Western Weir & Biddle Shop, Dotter Cabinet Works, W & W Auto Salvage, Border Cowboy Truck Stop, Howdy Doody Grocery, Cunntugham's Photography Studio/residence/mint- warehouses, commercial building construction and a former golf driving range. FISCAL MACT: undetermined u6speMut, m t ~7!!``1LIL~r Pr epared by: 0. Chris Hartung City Manager David Ellison Senior Planner Appro ds Jett lieya Direct6k of Planning and Davelop"at 04171 .a a. i r Sk r S n o . t J r, , °9r .l k Y °fwti 5 3 3. °Y.J Y ae~r tP '.v i ',i£ ti ~q" fv tiW` w k i•. ik a rt" 'PI . CITY COUNCIL ` AOtWDF. BACK-UP SUMMARY SHEET MSgTINO DATE: August 20. 1985 SUBJECT: Discussion of development activity and land use conditions on property located north of FM '.1.73 and east of Masch Branch Road between I-35N and Earthoid Road, for the purpose of determining whether to begin the annexation process. SUMMARY*. Residents in trLe area of property described above have exproo,3sed concern about existing ara potential development and land use patterns. Existing development along the City's 500 foot strip includes: Border Cowboy Truck Stop,'Howdy Doody Grocery, Poster's sa$dle Shop, Dozier: Cabinet Works, Cunninghamid Photography Studio and Mint-Warehoueee, Port-A-Stall Factory Outlet, and W S W Auto Salvage. The City of Denton Public Utilities Board has also recommended that the City Council consider annexation of this area after reviewing problems associated with the Border Cowboy Truck Stop sewer system approximately two (2) mont;,,Q ago. The Border Cowboy Truck stop sewer problem has been resolved for now, but environmental concerns remain vith respect to this general vicinity. The city Engineer and members of the Planning Department have met with the owner of property between Barthold Road and FM 1173 which was formerly used as a driving range for golfers. The property owner has stated V.iat it is his intention to develop mint-warehouses and similar 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 extraterritorial yurisdiotton may not prove helpful if actual subdivision of land does not occur. It is also impossible to prevent fucthet development of unattractive commercial land uses such as auto salvage yards without toning control, ,a p`+' rkem M1 y; Xr~~~tk~~4,.1'~"^_'RR", •,.>°e.. y "w"'777 7777~'rw 777 4 k ?ity Couno~i ~Abk-u August 20, 1985 Page 2 SUMMARY Annexat Oft and control of land usa through (Continued): tonlnC Will have little effect on existing con6itions it traditional non-conforming 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 of this area in relation to the existing cicy limits (Soo foot strip from center line of t-35) appears to make it a good candidste for ant-vexation when such factors as impart of 1804 uses eA the City of Denton and availability of City Services is considered. ACTION REQUIRED: Adopt ordinance setting date, time and place for public hearings. ALTERNATIVES: 1. Adoption 2. No adoption EXHIBIT: Map L id Ell soh Senior Planter 08178 t1 A,~ ~~d. • Y. f N ~ ~ ;~aM"~;. 4~ ''tit low ~,1~114~1 ~~Ia .0000 • A t . i ►L WO ' 1 e y;. sr r3 A LC1 Oa` 'Ad 14 Y- 11 i ' * s C MM •S Ia • v !nd l r y1 ~ I ~ ~ ' r + =i a 4r In1 R r ro f 1 i • i OC '1a rlip = s w w VIAL lorta R• • N ' ♦ I si a" • M * i! • ! a of 'r s is 0 aA b I x11 Ir• 1 r . . • W% fr (I Ion 1.-'tilt' mourL Moo f ~ R . gig 7 ~ f 11 sow Aj 13 - i ~ a• frt ~e *rfs.ila ra• r. ; i r1 k.910 r! ,,,y/~~ tlX r , '~~iflr•~4 4Q a I . r~~'" 3 as If1t 0 r l11 tE 5"tkjw. . I •~j r ° ' S • • ' `L A• L.. • •t YI rf' p • + 1 --d- t•r as i a , s E, • • 11 S • 1 I a s`~ 1' 4i ^ A fi ~ ° • r ~ of • J SO Rd 'L AMC AW mw so a IL 6 "'m Ill do I; t f o r ~ •I 1. y ti t , a r ' ' W I d r V . a• q r •I' lob r t + A J il' p INS • • ^ 14%*111fig' Rd. r' 1' r r ONO swlr FQ .7 i • ~j o;r to 3 st ,'t V. , 4~ • ` ' Mimi" ` a CITYaI DENTIN TEafAB aVIt01NG / DENTON, TEXAS 76201 / TEL.&HONE (817)566.8104 MEMORANDUM DATE: July 8, 1985 TO: David Ellison, Urban Planner FROM: Roger Wilkinson, Right-of-Way Agent Jerry Clark, City Engineer SUBJECT: ANNEXATION DESCRIPTION The attached field note description for a proposed annexation (west of I-35, north of FM 1173, south of Barthold Road and east of GC 6 SF RR) does not close due to the fact of the accumulation of differences between the strip map of I-3S9 FM 1173, and the GC & SF Railroad and the various ownership deeds in the area. The only solution to this situation `raulJ be to have the entire area surveyed at a cost of several thousand dollars and three to five months time before it could be completel. I have tied the description to the various cornors of properties and rights-of-way center lines which should hold up if any questions should arise about the boundaries. og vV , nson Right-of-Way .'!gent Cijr Ent ^ r Ci ar 1083a ,r m "F° ,F~ 41 '~~p l' .c'~,1 \ Yp.!°.~ a q~. t e~t1~~•ti~ t .e 1`~• y. n ~ its ~ ~'t ~+k r ~r I~ ~ °~°i'~ r~" p140. AN ORDINAb L SETTING A'DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCR'.8ED HEREIN By THE CITY OF D6NTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION I. On the day of , 19850 at 7:00 oiclock P. M. , in the.City -Council Chsa ers6-` of the municipal building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persona the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the day of , 1985) at 7:00 o'clock )'.M, in the City"'Couecil Chambers o the unicipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested psrsonE the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described propertyp to-wit: All that certain tract or parcel of land lying and being situated u the County of Denton, State of Texas, being part of the BBB 6 CRR Survey, Abstract 141 and being more particularly described am follows: BEGINNING at a point in the present city limits as established by ordinance Vo. 69.40, Tract VI, said point lying $00 feet West of and perpendicular to the center line of I-35 and in the center line of FM 1173; THENCE South 89°39' West, alongg the center line of said FM 1113, ■ distance of approximately 2,153.5 feet, more or less, to a point; THENCE outh 87°57' Yast, continuing alongg the center line of said FM 1173 a distance of approximately 1,943.5 feet, more or less, to a point in the East right-of-way line of the G.C.&S.F, Railroad for a corner; THENCE North 23°32' West, along the East right-of-way line of said railroad, a distance of approximately 1,782.3 feet, more or less, to a point in the North boundary line of maid survey and a tract conveyed to A. F. 8:rthold by deed recorded in Volume 90, Page 509, of the Deed Records of Denton County, Texas, said point also lying in an East and West county road, known as Barthold; THENCE East, along the North boundary line of said burvey and said Barthold tract in said road, a distance of approximately 2,343.4 feet, more yr less, to the Northeast corner of said BAtthoid tract, mass being the Northwest corner of a tract conveyed to James E. Corbin by deed recorded in Volume 788, Page 429, of the Dead Records of Denton County, Texas; THENCE Routh 89°28' East along the North boundary line of scold Corbin tract and said survey in said road a distance of 1,034,21 feet to the Northeast corner of said Corbin tract, time beingtiot Northwest corner, of a tract con" yed to Willard E. Simpson by data racorde4 in Volume 1215, Page $144 64 of the Deed Records of Denton County, T'exaa; A.w THENCE North WIS'40" East, along the North boundary line of aaid Simpson tract and sal.d survey in aaid road, passing at 693.04 feat of the Northwest corner of a tract conveyed to Wesley Clark by dead recorded in Volume 894, Page 375, of the Dodd Records of Denton Countv, Texas, and continuing along the North boundary line of amid distance of Clark 1,000 tract foot and to s the Northeast said road f said a total Clark VS$snnk bysm deed i reco dsedN is hVolume 01168, oPage t78b t of this Deed Recorda of Denton Couaiy, Texas; THENCE South 89°29' East, along the North boundary line of said DSaank tract and said survey in said road, a distance of sproxiagtely 324.6 feet, more. or lees, to a point in the said ptleent city limits, said point lying 500 fait West of ■nd perpendicular to the center line of 1-351 THENCE South 0°44" East, 300 feet Vast of and parallel to the center tine of I-35, along said present city iitit/, a distance of approximately 1,083.25 feet, *ova or lose, to a point; THENCE South 2°57" East, continuing 500 feet Wait of ■nd parallel to the centerline of 1-35 along said present city limits a distance of approxiately 57.11 feat, fore of less, to the place of beginning and containing 160 acres of land, more or less. SECTION 11. The Mayor of the City of Denton, Texas, is hereby authorised and directed to cause notice of such public hearings to be publianed once in a iwspaper having general circulation In the City and in the above described territory not more than twenty days nor less than ten days prior to the date of such public hearings, all in accordance with the Kunicipal Annexation Act (Article 970a, Vernon 's Texas Civil Etatutes). SECTION III. This ordinance shall be in full force and offset isediately following its passage and approval. PASSED AND APPROVED thi% the day of 1985. RICHARD 0. , MAYOR CITY OF DENTONp TEXAS ATTEST: CHMXLOTTE ALLEN CITY CITY Of DFATONOoTEXAS SECRETARY APPROVED AS TO LEGAL FOMt MkA AD4HI DRAYUVITCM, CITY ATTORNEY CITY OF v4NTON, TEXAS /N -A gYo R R w fy? ~V 4 :r hrh ~~t ~a'r~ -0 nt r M„ ~•,Y,a.$ MS S ILK ,'q' , rt ~i i s f 9 Y, ,.f t ~W t t.. \ f R 'i 1157E : = " NOTICE OF PUBLIC HWINGS ON PNOPOSLU A NEUTION NOTICE 1S HERLSY GIVEN TU ALL 1NTEALSTED PERSONS THAT: The City of Denton, Texas, proposes to ins#ituto annexation proceedings to alter the boundary limits of said City to add the following described tai:ltory to the corporate limits of the City of Denton, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being pa.6 of the B88 4 CRA Survey, Abstract 141 and being more particularly described as follows: BEGINNING at a point in tha ppresent city 1lsits as established, by Ordinance No. 69-40, Tract VI, said point lying 500 feet Nest of and perpendicular to the center line' of I-35 and in the center line of FM 1173; THENCE South 89°39' Nest, tiong the center line of said FM 11731 a diseance',of approximately 2,153.5 feet, more or lass, to a point; THENCE South 87°57' West, continuing along the center line of said FM 117: a distance of approximately 11943.5 feet more or lose, to a point in the East right-of-way line of the 0.~.4S.F. Railroad for a corner; THENCE North 23°32' West, along the East right-of-way A.ne of said railroad, a distance of approximately 1,782.3 feet, more or lesv, to a point in the North boundary line of said survey ar.d a tract conveyed to A. F. Barthold by deed recorded in Volume 90, )sge 509, of the Dead Records of Denton County, Texas, said point ulso lying in an East and West county road, known as Barthold; THENCE East, along the North boundary line of said s11rvey and said Barthold tract in said road, a distance of approximately 2,343.4 feet, more or less, to the Northeast corner of said Barthold tract, same being the Northwest corner *f a tract conveyed to James E. Corbin by deed recorded In Volume 788, Page 429, of the Deed Records of Denton County, Texas; 'THENCE South 89°28' East along the North boundary line of said Corbin tract and said survey in said road a distance of 10034.21 feet to the Northeast corner of said Corbin tract, same being the Northwest corner of a tract conveyed to Willard E. Simpson by deed recorded in Volume 1215, Pads 864 of the Deed Records of Denton County, Texas; THENCE North 89°15'40" East, along the North boundary line of said Simpson tract and said survey in said road, passing at 693.04 feet of the Northwest c(,rner of a tract conveyed to Wesley Clark by deed recorded in Volume 894, Page 375, of the Deed Records of Denton County, And continuing along the North boundary line of said Clark tract and said survey in said road for a total distance of 1,000 feet to the Northeast corner of said Clark tract some being the Northwest corner of a tract conveyed to USBank by dead recorded in Volume 1368, Page 786, of the Deed Nocords of Denton County, Texas; THENCE South 89029' East, along the North boundary line of said U$Bsnk tract and said -iurvoy in said road, a distance of soproximately 324.6 foot, more or 1005) to a Dint in the said present city liwLts, said Dint dying 500 fist Vest of and perpendicular to the canter line of 1+35; 44 S~ '1' 4 1 s1~ * a F'!T . nt"1'.111 i PR ,r t'~ Y y Na r .t., ♦a 1 a a 1 ' n{y ,•e P f ~ ~4 r n v !;,1 , 1k yti ~ ~ ,v n r: VO, THENCE South 0°44" East, 500 feet Nest of and parallel tc the center line of 1.35, along said present city limits, r distance of r.¢proximately 1,083.25 feet, bore or less, to a point; TUNCL South 2°57" East, continuing 500 feet West of and parallel to the centerline of 1-35, along said present city limits distance of approximtely 578.11 feet, more or lees, to the plan of beginning and containing 160 acres of lnnd, more or less. A Public Hearing will be hold by and before the City Council of the City of Denton, Texas, on the day of 19859 at 7:00 o'clock P. M. in the CET- Council Chambers o a Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At ■afd time sad place all such persons shall have the right to appear and bt heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Nearing sill be held by and befor4 the City Council of the City of Denton, Texas, on the day of 1985, at 7100 o'clock P. M. in the C tf-y Z'ouncil C am ere o Via Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persona shall have the right to appear and be heard. Of all said matters and things, all persons interested In the things and matters herein mentioned, will take notice. . STEWMTTMYUR CITY OF DENTON, TEXAS ATTEST: CUUT'TE ALLEN, 'Z*i SECRET Y ! rt ~t1jY~. '77 !If 91 7i d"Ai24 ANNIEAI1TION'SC DUL8 August `l2, 1965 Submit City Council agenda item August 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, 198f, Publish notice and mahout 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 mahout 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 11, 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 Ccuncil agenda item November 12, 1985 submit City Council agenda back-up * November i9, 1985 Adoption of final annexation ordinance and service plan by City Council " Denotes a:tton by the City Counoii 0964 1 i 4 tt`: I wi .r ;41 F t L w k d rw. i'. r .r W'4 + f f rv n n : e k t } tir r .*w a DATi<t if/2o/8S ' CITY g MIL hT nBUT Tot Mayor and Members of the City Council s ` P ONt 0. Chris Hartung, city Manager SUBJBCTt Adoption of an ordinance setting a'date, time and place for public beart,ngt concerning the annexation petition of AIVAap Mvelopmant Corp'. and tho City of Denton for a tract of land a,sroxivAtoly'i17.5 acres of land lying in and being a part of the a. Merchant survey, Abstract #8000 t" C. Cbscon Survoyj Abstract #248 and the S. Venter Survey, Abstract 41315, Denton County, Texas (A-27). R9COMMENDATICU3 The subject site begins at the southwest corner of P.M. 2181 and Hickory Craek load. Staff recommends ublie.heatings be held on September z and September 17. 8UK40Ys This is a joint petition between Aiksaan Dsvelopaont Corp., requesting 4oluntary annitatiot. of 62.474 acres for a proposed 257 lot bit detached subdivision, titled Denton MaLor Estates, beginning adjacent and south of Hickory Croat Road and adjacent and west of FB. 2181 and north of 014 Altor. Notate,', and the City of Dento,l, requesting the involuntary annexation of the adjoining approximately 55 acre tract to the eat. fir, n t I (;!equate lat.r of Denton utilittes are available for extenrion to this site. A charg. zoning request from (A) agricultural to residential use is anticipated. PNgRAMS. 09PARTHENtLe GROUPS AfFECTEDI Ap:%rozistatoly too to four property owners rISCAL IMPACTS tlndetemined Respectfully sutaitte s a Prop red by. a. Chcl; Hartu g Citr MAaagor Patricia Ryan Planning Intev APPro Jes tyre"r , Director 'ot PlandteF and:Dovelopment ' t, 1209a` r r ] a w - 74 i w i; 'i `x e ,N -r e~n rr a r ii:S i v~•S" r 'v ~L bt I` a,.. I. rt .r, CITY COUNCIL AQZNDA BACK-UR SUMMARY SHIST MBBTINa DATE:- August 20, 1985 SUMMARY: Denton Manor Rotates, 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 FM 2181, An adjoining 55 acres was included in the annexation upon City Council direction (A-27), The City council was interested in development potential of tf*.As 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 had been submitted for 80 acres on the north side of Hickory Crook Road. UTILITIES: The Utility Department has reported that an existing City of Denton 8" water line has sufficient capacity to serve this development. Sanitary sewer service is proposed from a 1o" City of Denton line that must be extended approximately 2,400 feet to the Hickory Creek lift station or from an existing 10" line along PH 2181. Typical 8" sanitary sewer and 6" water is proposed for internal service. Permission to be served by the City of Denton utility system must be approved by the Publi Utilittos Board, Planning and `zoning Commission and city council if the property is not annexed, (lag service is available from FM 2181. Telephone service is available from PM 2181 and hickory Creek Road. 6lcctric service is from either the City of Denton or TP&L. TRANSPORTATION: Hickory Creek Road is presently designated as a secondary major arterial (60 feet of right- of-way and 4 lanes ultimately on the official thoroughfare plan of the City of Denton. The City has discussed designating Hickory Creek Road fihi part of the Loop 288 system Be Opposed to Ryan Road. The owntice have been informed of this possibility and a4ked to consider larger than required setbacks. Right-of-way dedication cannot be required for Loop 288 at this time and ~.7, y,,.~ d:n + rrx a ~Y Gr2r x J♦ l ;4 r +5. -r':Iw F{ ~ 't ~a ~ n: 2.'Y 4N♦ hfm d e1' Y 4 7 bM ~ re, 77W x + 7 n ~r i M 4 t P =n E: fi~ pS t, ~ pE yuvt~OU~►gil ;hack=tip ;Atol 20, "Dies E'age.>2 TRANSPORTATION no setbacks beyond the 25 foot minimum are being (Ontinutd) provided: right-of-way sutfiotent for a secondary mayor arterial is being dedicated. Pifteen feet of right-of-way is being requested for PH 2181. Staff projects that the entire row of tots (ten) abutting Hickory Creek Road will have to be acquired for right-of-tray if conceptual plans for Loop 288 become a reality. Sidewalks are required along Hickory Creek Road for a distance of 858.88 feet and PM 2181 for a distance of 553.73 feet. 14TtON REQUIRED: Adoptioa Of ordinance ALTERNATIVES: 1. Adopt ordinance and continue process. 2. Deny ordinance. ATTACHMENTS: 1. Map 2. Reduced plat 0 a a _ David Ellison Senior Planner 08888 r Y Y~ WAI ! Pr v ` ~r _ HICXORY C N RD._ r. 1 \Subjeat Site 1 lk% i~: ` Voluntary •y Involuntary I 7Tr: -,i '..c.. a.; rl~. :r•~ ~ Ian ..1.00/ 1 r 1 • J . 1`4.• j 1✓~? ~ • 7 •M. • • Y • h N . i ~ K.r.. 4iU+ • • ♦ wnrYl M w wwr i W.ir .~~rr•r wawrr ry ♦r w.~ •r. .r~•q, .r~r ar v F NOW, 1 w ► • r F 7I1MU Itlr►f► r•IW HIM I h{IL 010 P-tAdWrty vtL %-:j%a ra 1 . j 7M1MASS , N r • r . / Mal . y • • Y M M M• R Y N 1 Y ry N,• 1 ,N • 1 •,v • r r • r • • • • { • R • • • w • ♦ • ~ dl~ fir 11{r MM ♦1 i{ M 111 , ir~ OYNfOM Y4M011 1lT4Tq outgo ..tMAIM OWN I , , :ON iy i y, a kC i~: f1~ 1~~ a y~ r{ NO. AN ORDINANCE SETTING A DATE rimE AND PLACE VOK PUBL;C HEAM6413 ON THE PROPOSED ANNEXATION OF 4~EKTAIN PROPZATY A8 DESCRIBED HEREIN BY THE CITY OF DENTON, TEXAS, AND AUTH0RlZINU AND DIRECTING THE HAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. THE CITY COUNCIL OF THE CITY OF DENTON HULBY ORDAINS; SECTION I. On the day of 19851 at 7100 o'clo<k P. M. In the City-C uncil Cham oreb oi-t-WeMunicipal Building of the City o° Denton, Texas, the City Council will hold a public hearing giving all iaterested persons tho right to appear and be heard on the proposed anoexatLon by tho City, of Denton, Texas of the property described below. ,on the day of , 1985, at 7;00 o'clock P.H. In the City- 5-until Chem eras of-i-iiunicipal Building of th9 City of Denton, Texas, the City Council will hold a' public hearing giving all interested persons the right to appear and be heard on the proposed annexatica by the City of Denton, Texas of the following described property, to-wits All that certain tract or col of land lyinS and bring situated in the County of Denton, State of Texas and being part of the B. Merchant Survey, Abstts t 800, C. Chacon Survey, Abstract 298 and the S. Venter Survey, Abst,:act 1315 and more particularly cascribed as follows: BEGINNING at the intersection of ti.e West right-of-way line of Ai 2181 with the South buundsry lino of Hickory Creek Road, said point lying 50 feet West and 27.5 feet South of the Northeast corner of said Venter Survey; THENCE East crossing said FM 2181, a distance of 95 feet to a point in the East right-of-way line of said FM 2181 and the present city limits and described in Ordinance No. 65.43 Tract III for a corner; TRENCo South along said present city limits and right-of-way a !E distancw of approximately 77 feet, more or loss, to a point for a corner, said point being an outer all corner of said right-of-way; 1HENCE East along said present city limits and right-of-way, a distance of 5 feet to or Inner all corner of said right-of-vay; THENCE South along said present city limits and right-of-way, a distance of approximately 1,454.55 feet, more or less, to a point for a cornon; THENCE Wafts crosa:ng said Im 2181, a distance of 100 feat to the vast right-of-way l!ne of said FM 2181, acme being the Southeast corner of a tract ConYa rd to Bob Caraway by deed :recorded in Volume 1380, Page 236 of he Used ltacords of Denton County, Texas; THENrB North 8852041" aloe8 the South boundary l1ne of said caraway tract a distance o2 48G-24 foot to the Southwest corner of said caraway tract in tie bast boundary line of the raid Venter Survey; Z. 17 Js E,d}4 1, 7r t }p THLNU North 1°58'22" Us':, along the Nest boundary line` of said Caraway tract and Vente, Survey, a distance of 1,160.61 feat to the Northwest corn•r of said Caraway tract, sas:e beiaY tha. southwest corner of a tract conveyed to B. S, Caraway by deed recorded in Voluaa 1413, Page 91 of the Deed Records of Denton Cv-nty, Texas; THENU North 0°42'50" Fast, along the Nest boundary line of said Caraway tract and Venter Survey, a distance of 823.20 feet, to a point for a corner in the South boundary line of an east and West county road known as Hickory Creek Koad; THENCE East along the South boundary lina of said road, passing at 859.73 feet tho East boundary line of said Caraway tract, same being the west boundary line of a tract conveyed to frank Madrigal by deed recorded in Volume 589, Fags 195 of the Deed Records of Denton County, Texas, continuing along the South boundary line of said road and passing at 1,508.74 feet the Last boundary line of said Madrigal t:set, same going the Vest boundlty line of a tract conveyed to Alvin Ed Meredith and 'wife Hadlyn' Meredith by deed recorded in Volume 829, Page 4741 of the Deed R-%corda' of Denton County Texas and continuing along the South boundary line of said road for a total distance of 2,428.44 feet to the place of beginning and containing 117.5 acres of land, more or less, SECTION 11. The Mayor of the City of Denton, Texas, ie hereby authorized and directed to cause notice of such puolic hearings to be published once in a nes>laper having general circulation in the City and in the above :,scribed territory not more than twenty days aor less than Len days prior to th,y dare of such public hearings, all in accecdance with the Mun!cipal Annexation Act (Article 970m, Vernun's Texas Civil Statutes). a SECTION 111, This ordinance shall be in full force and effect immediately following its passage and approval. i PASSED AND APPROVED this the day of , 1985. a ItICHUD . CITY OF UF.NTON, TExA3 i ATTEST: CM=TTF ALLEN, MY SECROM CITY OF DENTON$ TEXAS APPROVED )I TO LEGAL FORM: DEBRA 014 DRAYQVITCH, CITY ATTORNtY CITY 0! ENTOJO TEX45 Byt a'v + rc i x ti 4 a .'a, ti " t. y r ti c Y NOTICE ( PUBLIC HEMINGS 0:4 PduPOSCD ANNEXATION RuTICE IS HEREBY GIVEN To ALL IMAESTED PtRSGN$ Unt: 'rho City of Uenton, Taxes, propposes to institute annexation proceedings to alter the boundary Mite of said City to add the following described territory to the corporate limits of tae City of Denton, to-wit: All thi,t certain tract or parcel of land lying and being situated in th.,, County of Uenton, State of Texas and beingg part of the 6. norcliant Survey, Abstract 800, C. Chacon survey, Abstract 298, and the S. Venter Survey, Abstract 1315 and more particularly described as foilous; BEGINNING at tke intersection of the Vest right-of-way tine of EM 2161 with the South boundary line of hickory Creek Road, said point lying SO feet Vest and ;7.5 feet S-outn of the Northeast corner of said Venter Survey; Th tiC6 East crossing said FN 2161 a distance of 95 foot to a point in the tact right-of-Kay line of sold FM 2161 and the prssent city limits and domerl,bed in Ordinance No. b3-43 Tract III for a corner; THENCL South along said present city limits and right-of-way, A diMince of approximately 77 feet, more or less, to a point for a corner, Reid point being an outer oil corner of said right-of-way; THE44CE East Along said present city limits and eignt-of-vay, a distsoce of S feet to an Inner ell corner of said right-of-way; THENCE South along maid present city limits and right-of-vci, a distance of approximately 10954.35 feet, more or less, to s port for a corner; THENCE Vest, crossing said 1'M 2181, a distance of LOO feet to the west right-of-way line of .aid FM 2lbIj same being the Southeast corner of a tract conveyed to Bob Caraway by deed recorded in Volume 1380, Page 236 of the Deed Records of Denton County, Texas; THENCE North 88°52'47" West, along the South boundary line of said Caraway tract a distance of 20480624 feet to the Southwest corner of said Caraway tract in the West boundary line of the said Venter Survey; THENCE North 1°58.'•2" Eart along the West boundary line of said Caraway tract and Venter ivrveyyI a distance of 1,160.61 feet to the Northwest corner of rai•1 Caraway tract, mace being the southwest corner of a tract t:onvoyed to d. is Caraway by deed recorded in Volume 1418, Page 91 of the bead Records of Denton County, Texas; THENCE North 0°42'50" East, along the Vest boundary line of said' Caraway tract ■nd Venter Survey* a distance of 523.20 feet, to d point for a corner in the South boundary line of an Last and Vest county road known es Hickory Creek Midi THENCE East along the South boundary line of said road, passing at 859.73 feet the East boundary line of said Caraway tract, mesa beang the Vest boundary line of a Lrdet conveyed to Frank Madrigal by dead recorded in Volume 389, Page 195 of the Deed Records of Danton County# Taxes, continuing along the South boundary line of said road and parsing at i,50A.14 feat the Eesr boundary line of t ~ , 41, ITZ n, ea J+:.. 1 'S l a r r~q t . rs r 1. said Modridal tract, same going the milt boundary line of a tract conveyed to Alvin E. Meredith and wife nadlyn Meredith by deed recorded in Volume 8290 Page 474.of the Deed' Records of Denton County, Texas and continuing along the, South boundary line of said road for a total distance of 2,42$.44 feet 'to the place of beginning and containing 117.5 acre °-%f land, moue or less. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of , 1985, at 7.00 o'clock P. M. in the C CCy council Cham ers o t e Municipal Building of the City of Denton, Texas, for all persons interested in the Above proposed Annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all parsons interested in the things and matters herein mentioned, will take notice. A Publ+.c Hearing will be held by ana bef,3re the City Council of the City of Denton, Texas, on the day of 19851 at 7:00 o'clock P. M. in the C tI yZ:ouncil Cha ere o the' Hunicipal Building of the City of Denton, Taxat for 'ell persons interested in the above proposed annexation. At said time and place all such persons chall have the rignt to appear and be heard. Of all said matters and things, all persons interested in the'things and matters herein mentioned, will take notice. RLLRA&W b-fL-v(-AKT MAYOR CITY Or ULNTON, TLW ATTEST: ALLEN, CFMOTTE C-TY S EC'KE'l'XAY 1 i t~ i t fi. 1 °~A'i F e u yy f i st J f n P 7 Y ,'a A "t iii s i. K~ J1-7 ANNEXA'ft0~l SCHBDUL~ August 121 1985 Sabait city Cou,noil,agenda Item August 13, 1985 Submit,City Council agenda back-%uy * Migust 200 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, 1965 Submit City Council agenda itax August 27, 1985 Sutmit city council agenda back-up * Septembez 3, 1985 City council holds first public haaring September 4, 1985 Notice to Denton Record Chronicle Septeciuer 6, 1985 Publish autice 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 * 3eptember 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 It 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, 1985 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 00649 I it NO. r AN ORDINANCE DESIGNATING AND ESTABtjSHXNO 'A SCHOOL SAFETY ZONE ON WINDSOtt FROM A POINT 250 FEET EAST AND '250 FEET WEST "OF ITS INTERSECTION WITH NORTH LOCUST AND ON NORTH LOCUST 250 FEET :t!?RTH AND 250 FEET SOUTH OF WINDSOR' REDUCINQ THE MAXIMUM PR14A FACIE SPEED LtHIT FKON THIRTY (30) !MILES PER HOUR TO TWENTY, ;1d2 MItrS PER HOUR; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS (:200.60)= PROVIDING b. SEVERADILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF IEEE CITY OF DENTON HEREBY ORDAINS: ' SECTION I. Based upon an engineering and traffic invesl.igation, the City Council hereby designates and establients a school zone on Windsor from a point 250 feet east and 250 feet west of its intersection with North Locust and On North Locust 250 feet north and 250 feet south of its intersection with Windsor and t,,•rby determines that the reasonable and safe maximea prima facie speed limit on said streets be reduced from thirty (30) miles per hour to twenty (20) miles per hour when school is in session betveen the hour, of 7.30. 7%.00 A.M. and 2t3O.4.09 P.H. SECTION It. An individ-jsl adjudged guilty of exceeding this speed limit, when signs are erected giving notice thereof, shall be guilty of o aisdemearor, and punished by a fine noc to exceed Two Hundred Dollars (4200.00). SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circuas.ance is held invalid by any court of competent jurisdiction, such holding shall not affect the valiGlty of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declare& it would have enacted such -estaining portions despite e4j t~.ch i-tr tdity. PAQ$ ONC p 1 r . i V,~ SECTION IV. -That this ardinance shall become effcti%o fourteen (14) days (rog, the data of its passage, and the City Secretary is hereby eA4 ted to cause the caption of this ordinance to be publisho4 tvics. in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1985. CITY or DENTON, TEXAS' ~ ATTEST : CHARLOTTE ALLENo CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi DEBRA ADAMI ')RAYOVITCN, CITY ATTORNEY CITY Of DENTON, TEXAS BY[ PAGE 1W a ~l, d a a k je ...~A k G k y 17, .W `%l.: V {w 1 M1 y ~kX; a is d e y NCI W r f' a`~ r r. ;f r_~~u~~4. k, r L;~B d ; a chyaDOWN, TBXAS MUNKIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(811)$66-8200 MEMORANDUM DATE: July 24, 1985 TO: Traffic Safety Commission FROM,. Jerry Clark, City Eng)naer SUBJECT: Traffic Signals A. Traffic Signal - Highway 77 at Windsor: This signal has been designed warranted and approved by the Texas Department o? Highways and Public Transportation. A plan view of the intersection snowing signal and sign locations will be available at the meeting, School crossings for the future are being installed now. After the signal has been installed, speed reduction to a 20 mph school zone will be pursued. A larger total speed reduction will be possible after the signal reduces average speed, the signalization is being handled as temporary now as we have applied to the State for "Safety Money Participation", Due to the number of accidents, the District Traffic Engineer felt 801 901 sure that the State would fund the signal. Final determination of this could take up to two years, when it has been determined, the final permanent signalization will be installed either by the State or the City of Denton. Initial installation will be scheduled for late August 1985 when materials arrive, B. Traffic Signal o Locust at Windsor: This signal is being designed after being warranted by the state Department of Highways and Public Transportation, A Clan 'View showing signal, :sign and school locations will be available at the meeting. This signal will be Installed. wfth permanent' poles b the City ih a two.to thre9 menth time' frame, The by y per,~onnel' t,~ install b6th signals ato~then~sameaYtime, a' r 7'177-177! ~ Q t e. ~ ~i f ~ 1 .t.d ♦y ',Yy h y ~ ei. . pate 2 ot,.1` page Schoot crowns are 'shown'o~t the plan, A 'choo'I , t;ope will 'be esta ) shod With'the State at your request at the eairli,est date, Please advise if further information is needed for these two ':signals. J rC a r Cn eer #029SB I 3 FDO t v p M 1 h N r ? 7 k : I' . t i r: . sr 4yWhd~ r 5 4~k~F ,I rxy .41n, i~ '41. sib'i'Y 1 t 0 ' xI ~,r~ c'... ~1 S✓e,i l^i. 1 41 i 1a 15~~~ie MEMORANDUM EP K L)UL DATet July ~s 1989 TOt Rick Svehla, Assistant City Manager { FROMi Clovis George, Sergeant SUBJECTt Request for School Crossing at N. Locust Sts and Windsor. Attached you will find a latter from K. Michael Eubank. Supervisor of Transportation for the Denton Independent School Dib:riet, The letter requests a school' crossing be established at % Locust and Windsor to accommodate children walking to the new Evers Park Elem- entary School, Also, the school district is requesting that the area adjacent to this intersection be designated a 20 a.p.h. speed tone. Mr. Eubank has informed me that approximately 130 children will be walking to`Bvers Park Elementary, Evers Park Elementary School District is bounded by University Drive on the south, Elm St. on the west and Bell Ave. on the east, If Y can be of any assistance or provide a-.1 needed information, please contact met lG Clovis Georg ,Sergeant Denton Police Department .a ti ;s i w } f M1 r _ v>E C ea4'~fil`77,"14':f'r b t n 'p q e r r y r• n I a r 1 7 K 1 ~ ~ ' ~ 3 ~ ~ ~ of r r F i ~ v ♦ r ~ 1 ; ~r e ap r x- is j` x s _ ' Ar' o9NYONN p"'UALIC 15CHOOLB srllv$cl C YER COI ~INDlN QRIVr DENTON. UXAS 76201 June 260 1985 Sgte Clovis George Denton Polic! Department 221 Na Elm Denton, TX, 76201 Dear Sgt, George The Denton Independent School District respectfully requests an additional school crossing guard for the 1985-86 school yearn Evers Park Elementary School will open September 3l 1985. This opening will necessitate a crossing guard at the corner of Windsor and Locust due to the density of traffic on Locust. The district also requests the section of :forth Locust adjacent to Evers Park be designated a 20 MPH zone. If you need further information concerning the opening of Evers Park, feel free to contact me at the Transportation offict, (817) 387-3846o Sincerely, i Ke Michael Eubank Supervisor of Transportation t1 aiK 'f • . r. ! * is !fit r ° .,.n t~ tx r yr C" 't 1 r a x b u 711" nIf '~H" fy1 n •.f~y,~ ii :-0 ly t $.a ~1 1w.rni 1i J{ .RkX'~.y .r 7 p ge 2 of, 5' Pages, will , be built as a :temporary Spanwire signal becausthe State is looking into.'givng safRty money.to"haire''thi3 dine,Due to the' uabor of secldents, the Aistrict Tcafffo' i;pgin,aIor"felt` 851 403 sure that it could be funded. It would ,be two Years befor~i we would know'or sU~ra on state funding, This way: the signal1 would be insta led temporarily now but may get funded for permanent installation including pedestrian crosswalks later. Norm Sisk, of Denton Public Schools, came forward acid spoke in favor of the request. He said there was a lot of bus traffic because of busing children to the school.' John Tompkins said the brush needed to be cut at K ndsor and 77 because it limits the views Dan Martin agreed. Jerry Clark 401d he would relay this information to the 'Cofe Enforcement officers. STAFF RECONMENDATION: Jerry Clark recommended app~s roval. He said the speed should redueo to 30 - 3S MW now with the signal and they could come back to the commission later to set the 20 MPH school zone. Gilbert Berstein reaffirmed that eo students would be grossing the highway. COMMISSIONERSs Dart Martin made a motion to appprove the traffic signal at Highway 77 and Windsor. Gene Gohlke seconded the motion and it passed unanimously. ITEM 7: TRAAFFIICC SIGNAL/SCHOOL CROSSING AT LOCUST (FM 2164) Jerry Clark presented thet case to the commissioners and said the traffic signal was being requested in the Capital Improvement Prograit The staff wont have the light installed before school. starts but shortly after. The existing seed limit is 35 mph from Townhouse Road to Windsor and.30 mph from Windsor to Shermah Drive. Evers Elementary School' will have sidewalks installed and Joe Below has agreed to go ahead and install sidewalks before school starts. The crosswalks for the school zone will promote safe school passage, Norm Sisk came forward to speak' in favor of the requests He said the Locust side needs this approved. Gene Gohlke asked if it would be two months before it is installed. Jerryy Clark stated it would because of meterial order time and staff workload. STAFF RECOMMENDATIONS Jerry Clark recommended approval. COMOSSIONERSI A motion vas made by Bruce Chamberlain and seconded by John `IompkiAs. Wayne Autrey asked if there would be crossing gua'rdgi Jerry Clark' said yes. It passed unanimously. 'iLW F , i±Y qr~i i9Y b. ,r. t Q~ Ill 4 e ~'•.f laY' 'i, k1 a 1''r oA f!A. - h~ l f NO. J AN ORDINANCE PROHIBITING THE PARKING OF VCHICLES ON THE SOUTH SIDE OF VEST HICKORY PROM ITS INTERSECTION WITH AVENUE B TO ITS INTER- SECTION WITH AVENUE C= PROVIDING A SEVERABILITY CLAUSE= PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1. When signs are erected giving notice thereof, no person shall park a vehicle at any time uFon the following street n the City of Denton to-wits The south side of Vest Hickory from its intersection with Avenue B to its intersection with Avenue C. SECTION It. The provisions of Section I prohibiting the parking of vehicles shell apply at a:l times to the street and part of streets designated therein except when it is necessary to stop a vehicle to avoi,,' conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION 111. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall he ituilty of a misJemeanor and punished by a fine not to exceed Two Hundred Dollars (=204,00). SECTION IV. That if any section, subsectin;ti, paragraph, sentence, clause, phrase or word in this ordinav,ca, or application thereof to any per,i,n or circumstance is :ovlO invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Dentoni Texas, hereby declares it would have enacted such remaining portions despite any such invalidity, PACE OHS r q Wy, A fi~'Y~ 1 Y r ~ ~ 4 ~n I~ rt i mAIR 7 ri r° r a in H~n'~':a '17 i ' A . i I I SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be Published twice in the Denton Record -Chronicle,>the official newspaper of the City of Denton$ Texas, within ten (10) days of the data of its passage. PASSED AND APPROVED this the day of , 1985. CITY OF DENTON, TEXAS ATTESft c;M=Tg XCLEM CITY SECRETARY CITY Of DENTONsTEXAS APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY I I , + PA09 Y'VO lguwl ?:W, ti.}~ '."r• •f ..;,4 . r y.u , ?2v , ^f °h t 3.. llkn p'I~.O Y. r t i r f NTSU PIorl,,* D* rb"ntTo:ER f f' L A X .~ttront• _.17A~ mAQ77 Data: 6- 4' SS 0 For your Informaw 0 Shift 1 briefing 0 File 0 Shift 2 briefing 0 Please reply by 0 Shift 3 briefing 0 information requested 0 Confidential For your oonsIdefgtbn mad2 - L4rw`~ . CJJP erlA L/l i or lieL.r tl'~~iC IOr~ ~a is ~_,T_ ook z,AA* 46 _f_rC_reitWalL •1laA .K~ t~+il we l)OGId L L~l/~~a fe '4w;i4y- POW LM PIT Ci IN n PLACE r~(so, p" f,1" 4 o"do4M: W f~Pno, ,-;e -4 em l iw" o►„[ iQ o-k wf Is A hrroU co4oohin. e n ~ FIZ J.n `M'ao , f I,f Ci i r~ f~i °t .ISr • ~~'.-t • , ea$ r 1 =h e ~~.+~y~, N t t nt ,r ~ ';?i : ~ f~ Sa ~ R~1 Y~~^'r. ~ }'O+Ci~ NO<ZTH tEXAS,STAjE UNIVERSITY + bkWdN. TEMA* 741033467 • trl~•+--: r~ , May 2 l9$ , S i Mr, Koorosh Olyai Traffic Engineer City of Denton 215 E. McKinney t~.- y~L.••• - Denton, T9 76201 Dear Mr, Olyai: After reviewing the traffic patterns around the University, we have developed several proposed changes which we feel will improve pedestrian safety as well as traffic flow around the campus, 1 have routed them to the University Engineer (Director of Facilities Planning and Constriction) for his review and he has indicated to me that he concurs with them. 1 am, thus, forwarding these proposed traffic changes to you for your consideration, 1. Zone "Nu Parking" on tho south curb of West Ilickory between Avenue 8 and Avenue C. West Hickory currently has no parking on the south curb east of Avenue 8 and west of Avenue C. Hickory Street carries a let of traffic and the May opening of the new Science Rese.irch Building will increase pedestrian crossings at that location. (Appendix AI 2. Zone "No Parking" on the south curb of Chestnut between Welch and Bernard. This is an extremely narrow street that does not run in a straight line, We receive many complaints from residents in this area that commuter students park on the street in such a manner that blocks driveways and access to off-street parking. This is a very congested area. The north curb is currently marked "No Parking." (Appendix 8) APPENDIX A` _k WAY HICKOR Y SIs ~rrrw . w w. owwm~ "71NOOTAIAL L 1 ' ARTS co • v p- S, R.. MULBERRY ST, i ~ r w r r r r r~ r r r r r r r r r rr w rr r .rr • MAR4lLiS1~ I. P-q GENEN AL ACADEMIC ~ a<R iu N~ page" 4' bE` S '.pages r' said det Tho s n Ms. ial wool e ak the 0 _e ha , land xorthless. The houses built there would be' too small tq sell. COMMISSIONERS: Bruce chamberlain made a'zotion to support the staff recommendation by denyingg the request. Wayne Autrey seconded the motion and it passed unanimously. ITEM 1046, NO PARKING - WINDSOR DRIVE eONNIB BRAG TO HINKLg Jerry Clark addressed the commission stating the Parks and Recreation Department had made a request for a no parking torte on Windsor between Hinkle and Bonnie Brae, The North Lakes Recreation Center is on the south side of Windsor anu the soccer fields are across the road and along the street by the dam. Users of the facilities park on both sides of the street and traffic is gotiing more congested. Chris Smith from the Parks and Recreation Department came forward to speak inn favor of the request, She' said the situation has created a safety hazard for users, They feet it is not safe for children playing to have to deal with traffic. Gilbert Berstein asked if anyone was present to s eak in opposition, No one came forward, p STAFF RECOMMENDATION: Jerry Clark recommended the entire street between Bonnie Brae and Hinkle to be designated as no parking on the north and south sides. Gilbert Berstein said if the street was ever widened the commission would need to review this again. COMMISSIONERS: Dan Martin made a motion to accept the staff recommendation and suggested to Chris Smith the department do a studyy and develop better parking for the soccer fields. Gene Gohlke seconded the motion and it passed unanimously, ITEM 11: NO PARKING - SOUTH CURB - HICKORY STREET, AVENUE" B Commissioner, Dan Martin asked to obstain from the discussion and voting. Jerzy Clark stated that North Texas University was requesting a no parking zone on ` the south side of W. Hickoty Street. The street is narrow making two lane traffic difficult. This street, if no parking was approved, would function like an arterial street] since people would not be pulling In and out of the parking space=slowing traffic, Eric Jackson with North Texas Polite Deportment came, forward to speak in favor of the request, , He saidi with'the opening of the Science Research ing, more traffic will Building, where th6're s; Clot df estudent parking reater danger to t y1 IL page"S of Sy' Ages STAFF RECOMMENDATION: Jerry Clark recommended ipprovai. parking p zone and Bruce d6tion 'to. rove the se4onded request l forRSa no John the motion. It passed unanimously. ITEM 12: HANDICAPPED PARKING SPACE - BELL AVENUE AT TWU Commissioner, Wayne Autrey obstained from voting and discussing the request. Jerry Clark presented the case to the commissioners. He said, the City of Denton was concerned. about a handicapped person exiting their vehicle on this street . If a person 'entered and exited on Bell Avenue, there could be a major problem. People traveling that street have a tendency to speed down the hill. Linda Simmons, Vice President for Stu¢en'tlF::Life came fgrwird - to•. speak in favorof the request, Ms. Siisioonsi,saidz,some. students• have, diseases that prevent them from waj~ing., any ;dist"n a (but does not require confinement to a wheel- c ikjt) "i►e kssked, her to request handicapped parking. Dan Martin asked Ms Simmons if she was concerned about this since it was parallel parking, Ms. Simmons said she hoped students would use their good judgement when getting out of their vehicles. John Tompkins said traffic is stacked up all the way down the hill. People getting out in the line of traffic would cause accidents. Ms. Simmons said these students would like special consideration. Gilbert Berstein said there is no way we can designate an exception on handicapped parking. Dan Martin said North Texas State University was looking into designating areas and issuing medical parking permits for other types of handicaps. Texas Womans University may want to explore this avenue. STAFF RECOMMENDATION: Jerry Clark recommended denial of request. COMMISSIONERSi Dan Martin made a motion to deny Texas Womans University's request. for handicapped parking on Bell, John Tompkins seconded the motion and it passed unanimously, Meeting adjourned at S!SO p.m. y er MIME e 1,4 r Chairman Cl En i ~r I0307H ~.IJY T 7~4 ~ Yt Y ~ f~1' MY~M < ~ ~"+7 n f}~' ff 4ry ~'~o A v ~4t ra l r 1" sY 1;'-Y JJ,i r a f f.( 1 IJ r µ ~ ru,. NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE NORTH AND SOUTH SIDES OF WINDSOR DRIVE FROM ITS INTERSECTION WITH HINKLE TO ITS INTERSECTION WITH BONNIE BRAE* PROVIDING A SEVEKABILITY CLAUSEyy PROVIDING A PENALTY NOT TO HEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS: SECTION I. When signs are erected giving nocica thereof, no person shell park a vehicle at any time upon the following street in the City of Denton to-wits The north and south aides of Windsor from its intersection with Hinkle to its intersection with Bonnie Bras. SECTION II6 The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and part of streets designated therein except when it is necesrdry to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION III. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fans not to exceed Two Hurdred Dollars ($200,00). SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinances or application thereof to any person or circumstance is hold invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions daipite any such invalidity. PACE ONE u w: a a u? 1 r .C a`a 1 x. t T r Y i ~ ~ a D ~ ' aat~~'.¢ a"a a rte. r i SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1985. CITY OF DENTON, TEW ATTESTS CITY OF DENTON, TEAS APPROVED AS TO LEGAL FORNs DEBRA ADAM DRAYOViTCN, CITY ATTORNEY CITY OF DEMN, TEXAS SYS L/11.: i PACE TWO A d V. 4 ( 4 . ~ » J 4 ` b e A ik~4 D r~ ~1 IA r,y b'~ S 'C. V` ; $ r t 1t~+ c 1 i ✓ /Z "i l3' ~t ; i ; N 'r i~ i 8 e ' ~ : ,i~~ ti i CIrY6f CNNTON,rlrx4a MUNICIPAL' BUILDING/ DENTON, TEXAS 76101 / TELEPHONE (817) 566.8200 H E M O R A N D U M TOi Traffic Safety Commission FROMi Chris Smith► Administrative Assistant Parke and Recreation DATEi July 16► 1985 SUSJECTo No Parking Zone T►long Windsor Drive The Parke and Recreation Department recommends posting Windsor Drive► between Hinkle and Bonnie Brae, as a no piArking zone for both Rastbound and westbound traffic. This tW6 lane section of Windsor Drive runs adjacent to the North Lakes Park, and park users habitually leave vehicle' standing along both the north and south sides of the street, As a result, traffic flow in the area is restricted. The situation also creates a safety hazard for park users and is of particular concern because of the many children playing on the soccer and rugby fields along the north side of Windsor Drivo. Designated parking areas are provided near the picnic area, %all diamonde► and recreation center facilities. r s m i ~ I KIN00372 r PARKS AND AEGAEATION DEPARTMENT/ (817) 5ee-8270 rMV4 ti `n~~ ~~i~ 7 ,i VA . ~s t>{ G ~r'~ ~ :r ~ s. w~• S ~s^.i a tlid i! ,u ? dr l 1 , r r f w ~ rtA wAU~t~oo PAOPMD NO PMAI 204 i # w terbc ow. ' LlN ; +i PSG t o aMrtf to v~P ' I! ~I004 OAffNINiAN ! L_ I s j~ i a f..:: \a r:•A1 n.K' i)~~ t 1x1, tTh k'Vie:! J ~ S +°c In I r4 S t P g. Hof 5~'pages Thoirpa said denial V604 ''make ` the land worthlea"s. the' houses built' there' would be too small to sell. COMOOPNWI 'Bruce Chamberlain 'made a motion to support the staff recommendation by denyin the request. Mayne Autrey seconded the R'vtien and it passed unanimously. ITEM 10: NO PARKING - WINDSOR DRIVE - BONNIE BRAE TO HINKLE Jerry Clark addressed the commission stating the Parks and Recreation Department had made a request for a no parking :one on Windsor between Hinkle and Bonnie Brae. The North `Lakes Recreation Center is on the 'south side of Windsor and the soccer fields are across the road and along the street by the demo Users of the facilities park on both sides of the street and traffic is getting more congested. Chris Smith from the Parks and Recreation Department came forward, to speak in .favor of the request. She said the aituati6h has treated a safety hatard.for.users. They feel it is not bate for children playing to have to deal with traffic, Gilbert Berstein asked if anyone was present to speak in opposition, No one came forward. STAFF RECOMMENDATION: Jerry Clark. recommended the entire street between Bonnie Brae and Hinkle to be designated as no parking on the north and south sides. Gilbert Berstein said if the street was ever widened the commission would need to review this again. COMMISSIONERS: Dan Martin made a motion to accept the staff recommendation and sugggested to Chris Smith the de artment do a study and develop better parking for the soccer fields. Gene Gohlke seconded the motion and it passed unanimously. ITEM 11: NO PARKING - SOUTH CURB - JiICKORY STREET AVENUE B Commissioner, Dan Martin asked to obstain from the discussion and voting. Jerry Clark stated thtAl North Texas University was requesting a no parking tone on the south side of W, Hickory Street. The street is narrow making two lane traffic difficult. This street, if no parking was 'approved, would function like an arterial streets since people would not be pulling in and out of the parking space slowing traffic. Eric Jackson with North Texas Police Department came forward to speak in favor of the request. He said, with the opening of the Science Research Wilding, more traffic will present an even greater danger to an area where there is a lot of student Barking. J b-. CITY COUNCIL REPORT FORMAT TOs Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager STBjECTI Skin Teat as requirement for f ,,)d handlers card in the City of Denton RECOMMENDATION: i Staff recommends approval of this ordinance. SUMMARY: The attached ordinance uill remove the requirement for food handlers to to have a Tuberculosis Skr Test and align City requirements with those of the County and State. BACKGROUND: Prior to this ordinance, the City required i Tuberculosis Skin Test in order to receive a food handlers permit. PROGRAMS, DEPARTMENTS OR VROUPS_AFFLCIED: None FISO, IMPACT: t None Respectfully submitted: *4 40 G. Chris Hartung City Manager prepared by: B tuart V nistrative Assistant Approved: Bet OVKaan Assistant City Hanager gyy °t yb E iT iii . r :v . ..r 1" YY x rF ♦ (i1." Y: ! t i T. u. f p1 R ~1~~'IiMC: • ~ j A. I 1 1 604*64 CITY-COUNTY HOL ~ Y 'cou~i+ouif ok rHC iou~ae oeNTOsxAs. 76901 19615 ~ f I U u r ~ July 30, 1985 Hr. Chris HArtung Denton City Manager Re: Skin Test as requirement for food handlers card in the City of Denton. Mr. Hartung A Tuberculosis Skin Teat is not required by either the Texas Department of Health or Denton Count for a food handlers Y permit. Tuberculosis is not considered a disease which is transmitted by food handlers to the public. The process of Tuberculosis Skin Testing for food handlers card. is disruptive to other services (WIC, Maternity, and Child Health, Immunizations, and Adult Health programs), In addition the cost (nurses time and materials) is estimated at over $3,000 per year. I am therefore requesting consideration by the City of Denton to drop the requirement of a Tuberculosis Skin Test for `a' food handers permit, issuance of a permit would continue to be based upon documented attendance in a class designed to teach and instruct food handlers the principles of prevention of disease transmission and the public health consequences of noncompliance with these principles. Sincerely W. H. Cripe, M. D. 'edical Director Health Department WHC/dew IRM tiY1 ax yy ~ Ntl. A ORDINANCES OF THE CITY OF N ORDINANCE AMENDING SECTION 11-37 OF CHAPTER 11 OF THE CODE OF RENT OF A TUBERCULOSIS TEST NASNA CONDITION DTO R~ EIYTHE ING AUFOOD HANDLING PERMIT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That Section 11-37 of Article III of Chapter 11 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as followar Section 11-37. Food Handling permit--Attendance at food handling school required. In order to receive a food handling permit every person owning, employed by, or otherwise connected with a food service establishment whose work brings him into contact with food, utensils, or food service equipment shall be required to attend a food handling school hold by the Denton City-County Health Department before a food handling permit will be issued. This requirement must be met upon expiration of a permit and upon application for a new permit. i SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1985. RICKARD . b-FEWART, MAYOR CITY OF DENTON$ TEXAS i ATTEST: CITY OF DENTON,iTEXAS APPROVED AS TO LEGAL FORMi DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS f bye Pr `4M.n Til" v ~ t e ~F C AtIFICAT$ FOR. RESOLUTION APPROVING'AN.AGREEMENT`$Y CITY OF DENTON,INDUSTRIA iVtLQPMENT AUTHORITY TO'ISSUE A`BOND FOR MARTINO,.AEALTY'COMPANY AND A GUARANTEE AGREEMENT WITH FRANK N. MARTINO,'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 THE STATE OF TEXAS _ CITY OF DENTON _ We, the undersigned officers of the City Council of said City of Denton, hereby certify as followsi 1. The City Council of the City of Denton convened; in REGULAR MEETING ON THE 20TH TAY OF AUGUST, 1985, qt the designated meeting place, -and the roil was called of the duly constituted officers and members of said City of Denton, tc-wits Richard 0. Stewart, Mayor Mark. Chew Linnie McAdams Charles Hopkins Dr. A. Ray Stephens Jim Riddlesperger Joe Alford Charlotte A11en, City Secretary and all of said persons were present, except the following absentees) + thus constituting a quorum. Whereupon, among Pt her us ness, the following was transacted at said Mastingi' a written RESOLUTION APPROVING AN AGREEMENT BY CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE A BOND FOR MARTINO REALTY COMPANY AND A'GUARANTEE AGREEMENT WITH FRANK N. MARTINO; JAMES Be MAATIN6, DAVID Co MARTINO, FRANK N. MARTINb, JR. AND RICHARD D. MARTIOO AND THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH 13ONb was duly introduced for the consideration of said city Council and read in full. It was then duly moved and seconded that said Resolution be adopted: and, after duA discussion, said motion, carrying with it the adoption of said Resolution, pr...vailed and carried by the following vote: r y :1,~ a . f i j. 7 AYEsi A41 membois of said City Council shown present above voted "Aye" NOESt None. ABSTENTIONSi None. 2. That a true, full, and correct copy of the afore- said Resolution adopted at the Meeting described in the 4*ove and foregoing paragraph is attached to and follows this Certificated that said Resolution has been duly record- ed in said City Council's minutes of said Meetings that the above and foregoing paragraph is a true, full, and 'correct excerpt from said City Council's minutes of said Meeting pertaining to the Adoption of said Resolvitionl that the persons named in the above and foregoing paragraph are the duly^,6hosen, qualified, and acting officers and members of said City Council as indicated thereint and that each of the officers and members of said City Council was duly and sufficiently n2tified officially and personiliy,;in4dvance, of the time, place,°and purpose of the aforesaid ,Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpc" and that said Meeting was open to the public, and publl, notice of the time, place, and purpose of sail Meeting was given, all as required by Vernon's Ann. Civ, Stat. Article 6252-17, SIGNED AND SEALED the 20th day of August, 1985. City Secretary Mayor (SEAL) R eL [ , d YbY~7 t .h r t t: v i - r Fn rt r r r ` 1 - '~."'..,i .r e'~~x~` V1 '1 •rC.: a t--• r RESOLU'TION APPROVING AN AGREEMENT BY CITY or_DENTON INDUSTRIAL DEVELOPMENT AUTHORItY TO ISSUE A BOND FOR MARTINO REALTY COMPANY AND A GOARANTEE AGREEMENT WITH FRANK N. MAAT1N0,`JAMES Bo MARTINOr DAVID C, MARTINO* FRANK N. MARTINO, JR. AND RICHARD D, MARTINO AND THE BOND RESOLITION PROVIDING FOR THE ISSUANCE OP SUCH BOND WHEREAS, City of Denton Industrial Development Authority was created under the auspices of the City of Denton, Texasi and WHEREAS, the City Council of the City of Denton (the "City") has, by written resolution declared that certain areas of the City be designated as blighted areas (the "Blighted Area") pursuant to the Development rorpo'tation Act of 1979, as amended, Article 6l'i0.6, V.A.T.C,S., and the rules promulgated thereunder (the "Act")f and WHEREAS► Martino Realty Company# a general partnership, desires to finance, pursuant to the Act, the construction of a facility containing two buildings aggregating approximately 120,000 square feet (which will be leased to third parties and will be 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")t and WHEREAS, the Project is located within or adjacent to the Blighted Areal and WHEREAS, the geno ral 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 THATt 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 herebyy approved, and the Bond in the principal amount of $2,560,000, may be issued pursuant thereto for the purpose of paying the coat of acquiring and constructing or causingg to be acquired and constructed the Project to defined and described therein.` ~~1~.4'k ~;it Y 6 r wwa.r t,.ai ter.,. T w v 'h 1C' c 3 i Kw. >P s. v . 7C[ Section 2 The "Resolution Authorizing theissuance of City of Denton Industrial Development Authority Bond, Series 1985 and the Execution 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 purposes, is hereby specifically approved, and the Bond may be issued as provided for therein Section 3. The "Guarantee Agreement between City of Denton Industrial Development Authority and Frank N Martino, James B. Martino, David C. Martino, Frank N. Martino, Jr. and Richard' D. Martino" in substantially the form and substance attached Us this Resolution and made a part hereof for ali''purposes, i hereby approved'. Section 4, The City hereby approves the issuance of the aforesaid Bond in the aggregate principal amount of $2,500,000 for Martino Realty Company, and further approves the Pro act as described in the aforesaid Loan Agreement, and suc~ apovals shall be 'solely for the purposes of Section 103M of the Internal Revenue Code of 1954, as amended, and the City shall have no liabilities for the payment of the Bond nor shall any of its assets be pledged to the payment of the Bond. Section 5. The City hereby assigns to the City of Denton Industrial Development Authority its allocable portion of the state private activity bond `volume with respect to the reservation request to be filed for the Bond by the City of Denton Industrial Development Authority. rrrrrrrrrrrrrrrrrrrrrrr v err + W-4. tiro d to ry.' es4 t'F, '4 a°'F. .-;'.:w' Wye %Fy .'S'" F,•9 `.4"3.y.T.3 .,.-...niya RESOLUTION AUTHORIZING THE ISSUANCE OF C..LTY OF DENTON I:4DUSTRIAL DEVELOPMENT AUTHORITY REVENUE BOND, SERIES 1985 AND THE EXECUTION OF A TNST INDENTURE (MARTINO REALTY COMPANY PROJECT) j i j TABLE OF CONTENTS (The Table of Contents is not a part of the Resolution but is for convenience of reference only) PAGE Title Recitals Resolution SECTION 1. DISIGNATION, AMOUNT, AND PURPOSE 01' THE BONDS SECTION 2. DA':'E$ DENOMINATION, NUMBERS, AND MATURITIES OF THE BOND SECTION 3. INTEREST ON THE BONDS SECTION 4. GENERAL CHARACTERISTICS OF BONDS (a) In General (b) Registration Books (C Payment of Registered Owner (d) Notation of Prepayment (e) Restriction on Transferability of Bonds SECTION S. FORM OF BOND SECTION 6. PLEDGE SECTION 7. DEBT SERVICE FUND (a) Establishment of Debt Service Fund (b) Accrued Interest (c) Installment Loan Payments (d) Redemption (e) Payments from debt Service fund (f) Immediately Available Funds (g) Investment of Funds SECTION 8. SECURITY FOR FUNDS SECTION 9. THE USER'S PAYMENTS (a) Unconditional Obligation (b) Prepayments M a .w M t TNI r. PACE SECTION'14. ADDITIONAL PARITY BONDS { i (a) Additional Bonds (b) Amendments to Trust Indenture Unnecessary SECTION 11. SPECIAL COVENANTS (a) Installment Loan Payments Pledged to Bonds Only (b) Non-Encumbrance (c) Performance by issuer (d) Certain Modifications Prohibited SECTION 12. BONDS ARE SPECIAL OBLIGATIONS SECTION 13. AMENDMENTS (a) Amendment with Consent of owners of tl% of Bonds (b) Notice of Amendment c) Consent to Amendment ~d) Effect of Amendment (e) Consent of Bondholders (f) Ownership of Bonds (q) Amendments Without Consent SECTION 14. ESTABLISHMENT OF CONSTRUCTION FUND (a) Deposit of Bond Proceeds into Construction fund (b) Investment of Money in Construction Fund (c) Deposit of Accrued Interest, Income, and Profits SECTION 15. PAYMENTS FROM VONSTRUCTION FOND (a) Issuer's Administrttive Dverhead Expenses and Other Costs (b) Reimbursements for and Payment of Cost of Project (c) Depletion of,Construction Fund within 'six months (d) Reliance by Trustee SECTION 16. SURPLUS CONSTRUCTION FUNDS (a) Disposition of Surplus Funds (b) Disposition of Construction Fund upon Acceleration and Redemption t, 5' l ~ .'1 hK I'1 C Ny4 Z}. +v f kfh~'F' nOV 't 64 Vt h :'"°:t a S ',r f E 4 4a t /x•" She PAGE SECTION 17. DAMAOED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS (a) Replacement Bonds (b) Application for Substitute Bonds (c) No Default Occurred (d) Charge for Issuing Substitute Bonds (e) Authority for Issuing Substitute Bonds SECTION 18. NO ARBITRAGE SECTION 19. FINDINGS SECTION 20. SALE OF THE BONDS SECTION 21. TRUST INDENTURE }'ti rr. • ♦ N S r f h ; ,ry x. ',rte 77777777'77 w r h ' a r.. `a5ln ' '+i~'rv"'!9m_T ~"91FR;^ j t 4 6OLVTION AUTHORIZINO THE ISSUANCE OF CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BOND, SERIE,0 1985, AND THE SRECUtIOH OF A TRUST INDENTURE (MARTINO REALTY COMPANY PROJECT) ' THE STATE Or TIXA-0 CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY ~ WHEREAS, City of Denton Industrial Development Authority (the "Issuer") is a nonstock, nonprofit industrial development corporation organized and existing under' the laws of the State of Texas, including particularly the,, Development Corporation Act of 1979, as amended (Article 5190.6, V.A,T.C.S.) (the "Act"); and WHEREAS* the Issuer is a duly constituted public instrumentality of City of Denton (the 10overnmentalrVnit")o a political subdivision of the State of Texas, within the mocivings of the regulations of the United States Treasury Department (the "kegulations") and the rulings of the Internal Revo ue Service prescribed and promulgated pursuant to section 103 of the Internal Revenue Code of 1954, as amended (the "Code"), and the issuer is functioning and acting solely on behalf of the Governmental Unit; and WHEREAS, a "Loaf] Agreement between City of Denton Industrial Development Authority and Martino Realty Company", dated as of September 1, 1985 (the "Agreement"), has been dul executed between the Issuer and Martino Realty Company (the User"); and WHEREAS, the User is a general partnership organized and existing under the lave of the State of Texas is fully qualified to transact business in the State of Texas; and WHEREAS, the Issuer and Frank N, Martino, James B, Martino, David C. Martino, Frank N. Martino, Jr, and Richard D, Martino (collectively, the "Guarantor") have entered into a Guarantee Agreement dated a© of September 1, 1985 (the "Guarantee") pursuant to which tho Guarantor has guaranteed the User's obligations under the Agreement, including particularly the obligation of the User to make Installment Loan Payments; and WHEREAS, the Agreement, together with the Guarantee which is attached thereto and made 'a part thereof for all purposes, is hereby adopted by reference for all purposes, with the same effect as if they had been set forth in entirety in this bond resolution' (this "Initial Bond Resolution"); and ,aa: `L a„wi> r r r4lAr '~94 t_4'-8 r,MA,.~"Gm.~.;k`~'w -~yiSF(CM1 fF z a' b. r.. s WHEREAS, the Agreement was executed to provide for the acquisition, construction, equipping, and furnishing of a project (as defined by the Act) and to provide a loan to the User for such purpose; and WHEREAS, this preamble and the trust indenture (the "Trust Indenture") hereinafter set forth in this Initial Bond Resolution shall constitute an integral part of this Initial Bond Resolution; and WHEREAS, the corporate trustee under the True;-. Indentura (the "Trustee) will have the duties and obliga tions hereinafter provided; and authorized to be issued by this Initial Bond WHEREAS, Resthe olution bonds ( the "Bonas") aro to be issued and delivered pursuant to applicable laws, including the Act; and WHEREAS, the User and the Trustee have entered into a Deed of Trust and Security Agreement dated as of September 1, 198S (the "Deed of Trust"), providing further security for the payment of the installment Loan Payments for the benefit of the owners of the Bonds) and WHEREAS, the User will have duly approved and agreed to be bound by this Initial Bond Resolution (including the Trust Indenture) prior to the delivery of the Bonds; and WHEREAS, as provided in the Agreement, by such approval of this Initial Bond Resolution (including the Trust Inden- ture) the User will hive agreed and acknowledged that the Bonds, when issued, sold, and delivered as provided in this Initial Bond Resolution, will be issued in accordance and compliance with the Agreement, and that, upon the issuance, sale, and delivery of the Bonds, and the execution and delivery of the Trust Indenture, the User will be uncondi- tionally obligated to the Issuer and the Trustee to make or pay, or cause to be made or paid, without set-off, recouP- ment, or counterclaim, to the Trustee the "Installment Loan Payments" required by the Agreement and by this Initial Bond Resolution (includ.tng the Trust Indenture) in amounts suffi- cient to pity the principal of, redemption premium, if any, and interest on the Bonds, when due, agreed liquidated damages, if any, All fees and expenses of the Trustee and Registrar and the paying agents for the Bonds, and all other amounts required to be paid by the Agreement, this Initial Bond Resolution, and the Trust Indenture, all as hereinafter set forth] and WHEREAS, for purposes of this Initial Bond Resolution, the definitions of terms in the Agreement, the Guarantee, the Deed of Trust, and the Trust Indenture are horeby adopted, and the torma given herein shell have the same 2 'Y 11Nt ro rv axs'l. m r n i meanings as such terms are given in said Agreement, Guarantee, Deed of Trust, and Trust Indenture unless a different meaning is given herein. THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY THATR Section 1. DESIGNATION, AMOUNT, AND PURPOSE OF THE BONDS. CITY The Issuer's bond designated and to be known as OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BO,'ND# SERIES 1985 (MARTINO REALTY COMPANY PROJECT) (the "Bond" or the "Bonds") is hereby authorized to be issued in the aggregate principal amount of $2,500,004 on bbhalf of the City of Denton, Texas TO 'PAY PART OF THE. COST OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND FURNISHING, OR CAUSING TO BE ACQUIRED, CONSTRUCTED, EQUIPPED, Ain)~FURNISHED A PROJECT (THE 'PROJFCT")' IN THE CITY OF DENTON TEXAS, FOR MARTINO REALTY COMPANY (THE "USER") FOR THE'SPE61'FIC PURPOSE OF THE PROMOTION AND'ENCOURAGEMENT OF EMPLOYMENT' AND THE PUBLIC WELFARE, Section 2. BATE, DENOMINATION, NUMBERS, AND MATURITIES OF THE BOND, The Sund initially authorized hereby shall be dated September 1, 19850 shall be issued and delivered in the, form of one fully registered bond, without coupons, payable in installments to the registered owner thereof, or its registered assigns, all in the manner hereinafter provi- ded, with the Bond to be numbered Rol, in tha denomination and principal amount of $2,500,000, initially payable to First State Bank of Denton, Denton, Texas, with the principal of said Bond to be ppayable in monthly installments on the dates and in the amounts as set forth in the FORM OF BOND in Section S. Section 3. INTEREST ON THE BONDS. The Bond initially authorized hereby shall bear interest on t1A unpaid balance of the principal amount thereof from the date of delivery to the initial purchaser thereof (which date shall be indicated by the Trustee in the Delivery Certificate appearing on the Bond) to the scheduled due date or date of prepayment or redemption prior to the scheduled due date, of the principal installments of the Bond, at the rate set forth in Section 5. The interest shell be payable on the dates and in the manner provided in the FORM OF BOND set forth in Section S. Section 4. GENERAL CHARACTERISTICS. (a) In General. The Bond initially authorized hereby shall be issue , shall be payable, may or shall be prepaid or redeemed prior to the scheduled principal installment payment dates, may be transferred and assigned, shall have the characteristics,' and shall be signed and executed (and the Bond shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND, set forth in Section S. After the Bond. has been authorized to be issued by the'Board of Direct6rs of, 3 }T'7i'.3~.'r "7 r. 7+F.~'T1e•N{ 3q, 'R Rv .s"x.~ i.t W p n '4' W+wM ~ , S :a , ,R"r r` ~']f~- G., ! i . r NIPM 071177, the Issuer, and prior; to the delivery of the Bond, the Trustee shall authenticate the Bond by 'executing the Trustee's Certificate of Authentication appearing on the Bond as provided in section S. In addition, on the date of delivery of the o initial purchasor re y the trustee shell fill in the date of delivery of the Bond in the Delivery Certificate "appearing on the Bond as provided in Section S. ( ee 1stratio Bo s The Issuer shall keep or cause Trustee books for h th principal orate trustoff ice of the kept and transfer of bonds registration (the "Bond' Registration Books") and the. Issuer hereby appoints the Trustee as its registrar and transfer agent (the "Registrar") to keel such books and make such regis» trations and trarllfers under such edaeonable regulations as the Issuer or the Registrar may prescril$ns and the Registrar will register or transfer as here n provided, any Bonds upon presentation thereof at eur,h ootice. The User, the Guarantor, and each Bondholder shall have the right to ibspect such bond Registration Books during the normal business hours of the Trust". Registration of the Bonds may be transferred only on the Bond Registration Books upon surrender thereof by the rouistered owner in person or by his duly authorized attorney, by proper written instrument of transfer, in the forth and with guaranty of sipRkltures satisfactory to the Registrar, duly executed by such owner or attorney. Upon such surrender for transfer of registration, the Registrar shall make notation of such transfer on the bonds in the Assignment section appearing thereon and in the Bond Regis- tration Books: Such transfers of registration shall be made without charge to the owner of such Bonds, but any taxes or other governmental charges required to be paid with respect to the same shall be paid by the Bondholder requesting such transfer of registration, as a condition precedent to the exercise of each privilege. The Trustee shall not be required to make transfers of any Bond within ten (10) days prior to an interest payment date or redemption date or subsequent to the date of mailing of notice of redemption of such Bond or a portion thereof, snythinq in si ch Bond to the contrary notwithstanding, (c) Payment to Regi $tr_eed 0Xne~r , The person in whose name any Bond shall be registers on the Bond Registration Books may be deemed and treated as the absolute owner thereof for all purposes of this Initial Bond Retplution and the Trust Indenture whether or not such Bond shell be overdue, and too Issuer, the Trustee, the User, and the Guarantor shall not be affected by any notice to the contraryj and paymen+ -t, or on account of, the principal of, premium, if any, ayro ed liquidated damages, if any, and 4 ' r tin hr' r ryr~,r,,, n.~+~1 +Xg r yes~'YS Trzx?~y\ fv ~,.'Y.'.r»,~.~ M., yy8'~'4Sv k•~'k Y;y'['E N W`+ f~`5'T~^~a ,T~^Y~►+ h `11 rr~i'3"'§ W N, r interest on any, such Bond shall be made to such registered owner theroofl but such registr4VA6n may, be changed as provided herein. All such payments' shell be " valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (d) Notation" of Pre a ant. The Issuer, hereby appoints the Trustee as trio Paying Agent for the Bonds. Upon the prepayment or partial redemption of any, Bond, the Trustee, as Registrar and Paying, Agent, shall note in the PrepAyment Record appearing on such Bond the amount of such prepayment or redem the 'date said ays►ent was made and the tion, `d principal balance of said Bond `and remaining unpaid shall then have said etry signed by an authorised official of the Trustee.'. The Trustee shall also record such infotr- mation in the Bond Registration Books, and the Trustee sheill also record in the Bond Registration Books all pay#r'jnts of principal installments on the Bonds when made on"•,their respective due dates, (e) Restriction on T ansf rab lit o onds. Notwith- standing the foregoing, the Trustee, as reg s rar, shall not transfer any such fully registered Bonds except upon the completion of the conditions stated below, Bonds shall not be transferred unless the transferee is an "Institutional Investor". As used herein, an' "Institutional Investor" shall mean any savings institution, commercial bank, bank or trust company, building and loan association, surety or guarantee company, savings institution, investment company as defined in the investment Company Act of 1940, insurance, company or mutual fund. In addition, the Trustee, ~s registrar, shall not transfer any Bonds unless the,;Is£uer and the Trustee shell have received an Investment' Letter' (delivered by certified mail, postage prepaid) executed by the transferee of such Bonds containing the same representa- tions and covenants as the Investment Letter delivered by the initial purchaser of the Bonds u the or purchase of the Bonds provided that (1) the ponrequiremennts of ts of this sentence need not be satisfied if the transferee of such Bonds is a subsidiary bank of First State Bank of Denton, and (ii) the requirements of this sentence shall not apply to any grant by a Bondholder of a participation or participations in the Bonds. Section S. FORM OF BOND. The form of the Bond, together with the forms of the various certificates and forms to appear on the Bond, shall be, respectively, substantially as follows, with necessary and appropriate variations,- omissiona, and insertions as parmittid' or required by this initial Bond ResoluticAt 5 d.x ~d, 74,,: ?a` i"14 F "A 70 ti' Vt,z r ifa'"ti . Alm" r r ~.FOAM OF BOND 'IC NO 11- $2,500,000' UNITED STATES OF AMERICA STATE OF TEXAS CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BOND, SERIES 1985 (MARTINO REALTY COMPANY PROJECT) CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY (the "Issuer"), being a nonstock, nonprofit industrial develop- ment corporation organized and existing 'under the'lavs of the State of Texas, including particularly the Development Corporation Act of 1979, as amended (Article 5190.6. V.A.T.C.S.) (the, "Act"), and acting on behalf of the City of Denton, Texas, hereby promises to pay to First State Bank of Denton, Denton, Texas, or its registered assigns, the aggregate principal amount of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS in installments, as follows: PRINCIPAL PRINCIPAL DATE AY,O'JNT DATE AMOUNT October 1, 1986 $ 80116.28 January 1, 1989 $ 9,711.15 November 1, 1986 8,170.39 February 1, 1989 99775.89 December 1, 1986 81224.86 March 1, 1989 9,841.07 January 1, 1987 6,279.69 April 10 1989 99906.67 February 1, 1987 6,334,89 May 1, 1989 9,972.72 March 1, 1987 8,390.46 June 1, 1989 10,039.20 April 1, 1987 81446.39 July 1, 1989 109106.13 May 1, 1987 8,501.70 August Is 1989 10,173.50 June 1, 1987 8,559.39 September 1, 1989 10,241.33 July 1, 1987 89616.45 October 1, 1989 109309.60 August 1, 1987 8,673.89 November 1, 1989 10;378.33 Septembez 1, 1987 81731.72 December 1, 1989 10,447.S2 October 1, 1987 8,789.93 January 1, 1990 100S17.17 November 1, 1987 8,848.53 February 1, 1990 109587.29 December 1, 1987 8,907.52 March 1, 1990 30,657.87 January 1, 1988 8,966.90 April 1, 1990 10,728.92 February 1, 1988 91026.68 May 1, 1990 10,800.45 March 1, 1986 9,086.86 June 1, 1990 10,812.45 April 1, 1988 91147.44 July 1, 1990 10,944.93 May 1, 1968 9,208.42 August 1, 1990 11,,017.90 J:•,ne 1, 1988 9,269.81 September 1, 1990 21,091,33 July 1, 1988 9,331.61 October 1, 1990 11,165.30 August 1, 1988 91393.82 November 1, 1990 11,239.13 September 1, 1988 91456.45 Docember 1, 1990 110314.66 October 1., 1988 99519.49 January 1991 110390.69 Novembei.l, 1986 9,582,95 February 1,`1991 11,466.03 Daces r Is We 9,646.84 March l 1991 110542.47 6 1 a + Rk~°i r U w 1 .1,~ ' Y f a 1 .C'r 4 p_ r ~'`'Ac 1 f'a. PRINCIPAL PRINCIPAL beT6 AMOl3N7 DATE AMOUNC April 1, 1991 811,619.42 April 1, 1995 $15;984,.44 May 1, 1991 ' 11,696.88. May 1, 1995 16,091`.00 June it 1991 11,774.86 June 1. 1995 160198,27 . July 1, 1991 11,853.36 July 1, 1995 16,306.26 August 1, 1991 112932.38 August 1, 1995 16,414.97 September 11 1991 l2,Oll.93 September i, 1995 16,524.40 October 1, 1991 12,092.01 October 1, 1995 162634.51 November 1, 1991 12,172.62 November 1, 199$ 16,745.46 December 1, 1991 12,253.77 December 1, 1095 162857.10 January 1, 1992 120335,46 January 1, 1996 16,969 February 1, 1992 126417.70 February 1, 1996 17,08261 March 1, 1992 12,500.49 March 1, 1996 11,196.50 April 1 1992 120563.82 April 1, 1996 170311.14 May 1, 1992 12,667.11 May 1, 1996 17,426.55 June 1, 1992 120752.17 June 1, 1996 17,542.72 July 1, 1992 12,837,.18 July 1, 1996 17,659.67 August 1, 1992 12,922.76 August 1, 1996 11;777.41 September 1, 1992: 131008.91 September 1, 1996 17,895:9? October 1, 1992 130095.64 October 1, 1996 18,015.2'. November 1, 1992 13,182.94 November 1, 1996 18,135.13 December 1, 1992 130270.83 December 1, 1996 180256.23 January 1, 1993 13,359.30 January 1, 1997 189377.94 February 1, 1993 13,448.36 February 1, 1997 180500.46 March 1, 1993 13,538.02 March 1, 1997 18,623.80 April 1, 1993 13,626.27 April 1, 1197 181747.95 Mny 1, 1993 131719.1 May 1, 1997 18,872.94 June 1, 1993 139810.59 June 1, 1997 18,998.16 July 1, 1993 13,502.66 July 1, 1997 19,125.42 August 1, 1993 1:1995.34 August 1, 1997 190252.92 September 1, 1993 14,088.65 September 1, 1997 19,381.27 October 1, 1993 140182.57 October 16 1997 19,S10.48 j November 1, 1993 14,277.12 November 1, 1997 199646.33 I December 1, 1993 14,372.30 December 1, 1997 199771.49 January 1, 1994 14,468.12 January 1, 1998 199903.30 February 1, 1994 14,564.57 February 1, 1998 209035.99 March 1, 1994 14,661.67 March 1, 199P 20,169.56 April 1, 1994 14,759.41 April 1, 1996 20,304.03 May 1, 1994 14,857.81 May 1, 1998 20,439.39 June 1, 1994 14,956.86 June 1, 1998 20,575.65 July 1, 1994 15,056.57 July 1, 1998 20,712.82 August 1, 1994 15,156.95 August 1, 1998 20,850.90 September 1, 1994 15,258.00 September 1, 1998 20,989.91 October 1, 1994 15,359.72 October 1, 1998 21,129.84 November 1, 1994 15,462.12 November 1, 1998 210270.71 December 1, 1994 15,565.20 December 1, 19'48 219412.51 January 1, 1995 15,668.96 January 1, 1999 21,555.26 February 1, 1995 15,773.42 February 1, 1999 21,698.97 March 1, 1995 15,878.58 March 1, 1959 210843.63 7 ty t", T' wY ,ICx° "R1 Y 5 , s c Y > v Ap 1, 4S* P '.fg' 7d a fley e r w :1 4 - ,fit':, } wy ASF;x a., r A PRINCIPALk PRINCIPAL DATE AMOUNT DATE AMOUNT April 1, 1999 $21,989.25 January 1, 2000' $230344.34 May 1, 15 19 - 22,135,84 February `1,' 2000 213 409.91 June 1, 1994 22,283.42 March 1; 2000 23,656.64 July 1, 1999 22,431.97 April 1;'2000 23,814.35 August 1, 1999 22,581.52 May 1, 2000 23,9731.11 Septembor 1, 1999 221732.06 June 1, 2000 24,132.93 October 1, 1999 22,883.61 July 1, 2000 24,293.82 November 1, 1999 23,036,17 August 1, 2000 24,455.7Y December 1, 1999 23,189.74 September 1, 2000 242620.59 and to pay interest thereon, from the date of delivery hereof (which date appears in the Delivery Certificate endorsed on this;Bond), on the balance of said principal amount from .`time .to_ time remaining unpaid, at a per annum rate' determined' daily:on the basis of- 80% of the "Prime Rate"' (hereinafter defined) of Texas American' Bank/Port Worth, N.A (the "Sank"), and at a rate of 121, per annum on overdue principal and, to the extent legally permissible, on overdue interest, with the interest being payable on December 1, 1985, and on March 1, 1986, June 1, 1986 and September 1, 1986 and thereafter on the first day of each month while this Bond is outstanding; provided that such principal and interest are payable solely from the sources and in the manner hereinafter described, and solely as authorized and provided in the Act. Any change in the Prime Rate shall automatically and without notice to the Issuer or the User (hereinafter defined) be effective for the purpose of changing the rate of interest which this Bond bears as of the date of such change. It is understood, however, that regardless of the rate determined by using 80% of the Prime Rate the rate of interest on this Bond shall never be less than 8% per annum and shall never be greater than 12% per annum. For purposes of thl-P, Bond the term "Prime Rate" shall mean the interest rate as announced or published by the rank at its prime rate from time to time. on or before the fifth (5th) day prior to each interest payment date the Trustee (as hereinafter defined) shall notify the User by placing such notice in first class mail, postage prepaid, of the Prime Rates in existence during the interest period and the total interest due on the balance of the principal amount due on the Bond (the "Interest Calculation'). Each Interest Calculation shall be made on the date (the "Calculation Date") which is ten (10) days prior to the date (the "Payment Date") fixed for any payment of interest. Each Interest Calculation shall include interest which accrues on this Bond beginning on a Calculation Date (or in the case of the first interest period, on the' date of authentication of this Bond) and continuing 'through the day prior to the next suctueding 8 A~ r ; 777777777 r r y calculation, Dato, and such Interest' Calculation shall represent $tl?e full ''amount pf interest due On; the next Payment. Dates Provided; however, with respect to interest Calculation. foe for'the Payment Date 'on which .the ser shall a the entire outstanding pri_rlcipal balance'.of this"Bond, (the "Final Interest 'Calculation";), the firustea shall provide the User with telephonic notice on such final accrued on this Bond ' Payment' Date "of . the interest which beginning on the final Calculation Date and contif'.uing through the day p Payment riot to such -final Date '(the , "Additional Interest Calculation"), and the User shall pay on such final Payment Date.the amount of the Pirnl Interest Calculation plus the Additional 1n,. 'ezrest Calculation. 'The failure of the Trustee to give the notice to the user required above shall not prevent' ar.,,Event of, Default (as defined in"the Trust Indenture as hereinafter dafiniO from occurring under this Bond and the "Trust Indenture; however, if no notice is given, the User may prevent an Event of Default, by providing the Trustee. with` funds sufficient'to pay interest on the unpaid principal at the rate of.80% of what the User, reasonably believes to be the Bank's Prime Rates durinq the interest period, plus the principal amount, if any, due on such data but subject to the interest rate limitations described in the immedlutely preceding paragraphs Such interest payment shall be' adjusted within 10 days after the User receives notice from the Trustee of the correct 'interest amount which should have been paid on the preceding interest payment date by (1) the User paying an additional amount to the Trustee as calculated by the Trustee in the case of an underpayment of interest by the User or (2) the Trustee refunding to the User an amount calculated by the Trustee in the case of an overpayment of interest by the User. THE PRINCIPAL of and interest on this Bond shall be payable in lawful money of the United States of America, without exchange or collection charges. Payments of principal and interest shall be made to the registered owner by check or draft mailed by First State Bank of Denton, Denton, Texas (the "Trustee", "Paying Agent", and "Registrar" for this Bond) or its successor appointed under the Trust Indenture (hereinafter defined), to the registered owner at its address As it appears on the Bond Registration Books kept by the Trustee; provided that in the alternative such payment may be made by any other method requested in writing by the registered owner, subject to the approval the Trustee. The final payment of principal on this Bond shall be paid only upon surrender of this Bond to the Trustee for cancellation.- Any prepayment or redemption of any principal installments of this Bond shall be made only upon presentation of this Bond to the Trustee, who shall Maki notation of such prepayment or redemption in the Preymyment Record endorsed hereon. 9 1'"i i'r w . .,Ynr iP ;r M l -hr'1 *Y'/. •,!F t ~l r' r-e. 9f p`y s...1yy r.. r°-7 (k t' i ♦ r ..-r!- (q vr~ .f: as -2 a'ii`• p 1 i ,^[i 4 x>. IMJ, Y ~ 1 $ i y t THIS BONI) is dated as of September 1, 1985 ar'A was authori4ed, and f~bsaed in the aogreoate' principal a,1aount of $2,500, pur uant to a reeolqtian.4d6pted by'the, Hoar of` Directori of.the Iesuar (the "Initial; Bond Resblutidn") on "behq:f of the City `of 'Denton, Texas TO PAY FART Off' THE `.COST of McjQUIRINa, CONSTRUCTIN(f,,EOUIPPINO, AND FURNISHING, OR CAUSING TO BE ACQUIRED, CONSTRUi1TED, EQUIPPED, AND FURNISHED A PROJECT (THE PROJECT") IN THE CITY OF DENTON;.'TEXAS, 'FOR MARTINO REALTY COMPANY (THE "USER") FOR THE SPECIFIC PURPOSE OF THE PROMOTION AND ENCOURACBMENT OF EMPLOYMENT AND THE PUBLIC WELFARE. ON MI DATE, the unpaid principal installments of this Bond are, subject to optional prepayment or redemption and may be prepaid or redeemed prior to their scheduled due dates, by the Trustee, at the option of the User, with funds' furnished by the User, upon written notice of the exercise of the option to prepay or redeem delivered to the Trustee by the User not later than the Oth day prior to the date of prepayment or redemption. Such unpaid principal install- ments may be so prepaid or redeemed as a whole on any date, or in part or any interest payment date (and, if in part, such installments shall be prepaid or redeemed in inverse chronological order of their scheduled due dates, and in amounts not less then all of an unpaid principal installment), at the prepayment or redemption price equal to the principal amount to be redeemed plus accrued interest to the date of prepayment of redemption. ON ANY DATE, the unr,,_id principal installments of this Bond are subject to mandatory prepayment or redemption, as a whole, and shall be prepaid or redeemed prior to their scheduled due dates, by the Trustee, with funds which shall be furnished by the User, on the earliest practicable date, and in all evonte within sixty days, following the occur- rence of a V,nal Determination of Taxability as defined and provided for in the Agreement (hereinafter defined). The prepayment or redemption price in such event shall be equal to the unpaid principal amount of this Bond so prepaid or redeemed, plus accrued interest to the date of prepayment or redemption, plus an additional amount calculated by mul- tiplying an amount equal to 2% of 0- unpaid principal amount of this Bond by the number of complete three-month periods elapsed between the date of the Taxable Event (as defined and provided for in the Agreement-) and the pre- payment or redemption date, with such additional amount being the agreed liquidated damages (for loss of a bargain and not as a penalty) which the owner of this Bond will be due, and which shall be a direct obligation of the User. Such prepayment or redemption price shall constitute the entire amount due with respect to this Bond as a result of the occurrence of a Final Determination of Taxability. '10 t J.' 2 ah . kd c M 7r u C " tr: +q d k { rti{j "~s~v .a13 .p ,go a .I7' K 7 { ..Y~ 4y dir,. r"a: n r. td iy 3y,` C IN ADDITION,'if there' shall be a final Determination of Taxability, the User .phal1 be obligated to,, and p;9mptly shall, 'pay an additional amount tat the Trustee for. .the sole benefit of the owner or owners of :'thi's BOhd during the period between the Taxable Event said the mandatory prapay- meet or redemption, date described and provided for inthe preceding paragraph of this Bond (the "Taxable Period"), Such payment shall be sufficient in aggregate to pay in respect of each principal installment of this Bond which was paid or prepaid or redeemed during the Taxable Period, the amount the owner hereof would have received as agreed liquidated damages if, and assuming that, the aforesaid mandatory prepayment or redemption date had occurred on the actual date of payment or, prepayment or redemption of such principal installment. The Trustee shall phy such addi- tional amount, to the owner or owners of this Bond during the Taxable Period, as shown by the Bond Registration Books. ON ANY DATE, the unpaid principal installment's of this Bond are subject to prepayment or redemption, and may, be prepaid or redeemed prior to the scheduled due dates by the Trustee, in inverse chronological order of their scheduled' due dates .(in the denominations of $1,000 or any integral multiple thereof or in amounts not less than all of an unpaid principal installment), at a prepayment or redemption price equal to the principal amount thereof to be prepaid or redeemed,. plus accrued interest thereon to the date of prepayment or redemption, and without premium, with and to the extent of any surplus funds remaining in the Construc- tion Fund (created by the Initial Bond Resolution) after the completion of the Project, as provided and required by Section 16 of the Initial Bond Resolution. THE AGREEMENT provides that any provision for any payment contained in tho Agreement or this Bond shall be held to be subject to reduction to the amount allowed under the applicable usury laws of the State of Texas and the United States of America, as now or hereafter construed by the courts having jurisdiction, and it is agreed by the Issuer and the owner of this Bond that in no event shall usury be paid or collected with respect to this Bond. AT LEAST 30 DAYS PRIOR to the date fixed for any pre- payment or redemption of the unpaid principal installments of this Bond, the Trustee shall cause a written notice of such redemption to be mailed to the registered owner of this Bond addressed to such owner at the address appearing on the Bond Registration Books. By the date fixed for any such prepayment or redemption, due provision shall be made by the User with the Trustee and the Paying Agent for the payment of the principal amount of,this Bond which is to be prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption, plus any required prepayment or redemption }premium, and any other` amounts due the owner 1] r "d~.•~ M-7 t•J~Y ~f w ti h. t . ; ^.tl ,,'Cry ~ ~ 6f y n ~ F:1 0 of this Bond. If such w.ritt6n notice of prepayment. or redemption, is given and if due. provision, for O.ayment of the redemption price in made; ''ill eta' provided above; the UnOiid principal installments of this Bond which are Co,.a prepaid or redeemed thereby automatically. shall b'e -deemed to have been prepaid or redeemed pror'to their schedula~d due dates,` and 'they shall not bear interest after the date fixed for prepayment or redemption, and they shall not be regarded as being outstanding except for the right of the owner thereof r' to .eeive the redemption price frog; the Paying Aqent out of the funds provided for smch payment. Upon praas4ntation of this Bond to, the Paying Agent, such unpaid principal installments which are to.be prepaid or redeemed, shall be paid at the redemption price. Except as set 'forti above, the principal instalAments of this Bond are not subject to prepayment or redemption prior to their scheduled due dates. IF THE DATE for' the payment of the principal of ,or interest on this Bond shall be a Saturday, Sunday, a legal. holiday, or a day on which, banking institutions` in the city where the Paying Agent is' located are authorized by law or executive order to close, then the date for such, payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institution3 are authorized to close; and payment on such date shall have the same force and effect as if made on the original date of payment. IT IS HEREBY CERTIFIED AND COVENANTED that this Bond has been duly and validly authorized, issued, and delivered; that sll acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, i,esunce, and delivery of this Bond have been performed, existed, and been `done in accordance with law; that this Bond •is a special revenue obligation of the Issuer, and that the principal of and interest on this Bond are payable from and secured by a first lien on and pledge of the payments designated as "Installment Loan Payments" to be made or paid, or caused to be made! o paid, to the Trustee, pursuant to the Initial Bond Resolution, the Trust Indenture and the "Loan Agreement between the City of Denton Industrial Development Authority and Martino Realty Company", dated as of September 1, 1985 (the "Agreement"). The User, a Texas general partnership, is unconditionally obligated to make or pay, or ceuse to be made or paid, without set-off, recoupment, or counterclaim, to the Trustee each such Installment Loan Payment for deposit into the Debt Service Fund created for the benefit of the owners of the Bonds by the Initial Bond Resolution, in aggregate amounts sufficient to pay and redeesw; and provide for the payment and eademptior of, the principal of and interest on this Bond, and .;o pay all other amounts required by the Agree- ment, the Initial Bond Resolution, and the Trust Indenture 12 y r 1 r l L qv-, S~ 7i G °yyf. S1 I- when due, subject to 'and Ass required by the provisions of the 'Agreement, the Initial Bond Resolution, and the Trust Indenture. IN ADDITION, Frank N. Martino, James S Martino, David C. Martino., Frank' N. Martino, Jr. and Richard D. Martino ! (collectively, the "Guarantor") and the Issuer have entered into a Guarantee Agreement (which is attachdd to and made a part of the Agreement for all purposes) dated as of September 1, 1985 (the "Guarantee"), pursuant to which the Guarantor has guaranteed to the Issuer all of the Install- ment Loan Payments. The Issuer has assigned to the Trustee all its right, title, and interest in and to the g+larantes of the Installment Loan Payments. THIS BOND is secured by a Trust Indenture dated as of September 1, 1985 (the "Trust Indenture"), whereunder First State Banc: of Denton,'Denton, Texas, or its successor, as Trustee, is custodian of the Debt Service Fund and is obligated to enforce the rights of the owner of this Bond and to perform `other ,duties in the manner and under the conditions stated in tns Trust Indenture. In rase an "Event of Default", as defined in the Trust Indenture, shall occur, the unpaid principal installments of this Bond may be declared to be due and payable immediately upon the conditions and in the manner provided in the Trust Indenture. This Bond is additionally secured by a need of Trust and Security Agreement between the User and the Trustee (the "Deed of Trust") relating to certain property of the User pledged to secure the payment of this Bond. Reference is hereby made to the initial Bond Resolution, the Trust Indenture, the Guarantee, the Deed of Trust and the Agreement for additional provisions with respect to the nature and extent of the security, the rights, duties, and obligations of the User, the Guarantor, the Issuer, the Trustee, and the owner of this Bond, the terms upon which this Bond is issued and secured, and the modification of any of the foregoing. THE ISSUER has reserved the right, subject to the restrictions stated to the Initial Bond Resolution, to issue additional parity revenue bonds ("Additional Bonds") which, when issued and delivered, shall be payable from the Debt Sorvice Fund, and shall be payable from and securtid by a first lien on and pledge of Installment Loan payments pursuant to the Agroea(int and entitled to the '-anefits of and secured by the Trust Indenture, the Guarantee, and the Deed of Trust in the same manner and to the same extent as, and be on a parity with, this Bond and all then outstanding Additional Bonds. THE ISSUER also has reserved the r$.ght to amend the Initial Bond Resolution and the Trust Indenture, as provided thereini and under some`(but not all) circumstances amend- 13 ^t" y I r;', j t 77 777' ments thereto must be approved by the owners. of SIX in aggregate principal amount of this Bond then outstanding and any Additional Bonds then outstanding. THE OWNI R' HEREOF shall never have the, right. to demand payment of this obligation out of any funds raised or to be raised by taxation or from any source whatsoever except the payments and amounts described in this Bond, the 'Initial Bond Resolution, the Trust Indenture, the AgreenA?:lt,' the Guarantee, and the Deed of Trust. Except for the lien on and the assignment and pledge of such property; payments, and amounts, no property of the Issuer is encumbered by any lien or security interest for the benefit of the owner of this Bond, Neither the State of Texas, the City of Denton, Texas, nor any other political corporation, subdivision; or agency of the State of Texas, nor the Board of Directors of the Issuer, either individually or collectively,- shall be obligated to pay the principal of this Bond, any,premum or payment with respect to this Bond, or the interest hereon; and neither the faith and credit,, nor the tasting power,_of the State of Texas, the City of Denton, 'Texts 0 nor any"other political corporation, subdivision, or agencylof the State of Texas, is pledged to the payment of the principal of this Bond, any premium or payment with respect to this Bond, or the i.-.erect hereon. Subject to the limitations on transferability set forth in the next paragraph, this Bond may be assigned and shall be transferred only on the Bond Registration Books of the Issuer kept by the Trustee, as Registrar, upon the terms and conditions set forth in the Initial Bond Resolution, the Trust Indenture and the Assignment provisionsendorsed hereon. Such transfers shall` be without expense' to the owner hereof, but any taxes or other governmental charges required to be paid with respect to the same shall be paid by the owner requesting such transfer ae a condition precedent to the r•rercise of such pri•tilege. The Trustee shall not be required to make transfers 'of this Bond within ten 00) days prior to an interest payment data or prepayment or redemption date or subsequent to the date of mailing of notice of prepayment or redemption of any principal installments of this Bond, anything in this Bind to the :ontrary notwithstanding. The registered oen ar of this Bond may by deemed and treated by the Issuer, the Trustee, the User, and the Guarantor as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such paypivli', , and the Issuer, the Trustee, the User, and the Guarrnt shall not be effected by any notice to the contrary. ,I THE OWNER HEREOF, by the pitrchass of this bond, agrees that notwithstanding anything herein contained to the c6nLiiry 'this Bond may only be transferred to an ?tn;a%J tutionai Investor". Such transfer may be made only 14 FIT "77, 77 .7 77, 17 Nle LI. upon riceipt by the'Issuer and the Trustee of an Investment Letter;, (delivered by certified mail, postage,- prepaid), executed, 'by. the, transferee" hereof containifig": the '$ame representations and ;Covenants as' the Investment Letter delivered by. the initial purchaser of.'thisl Bond upon `.the original purchase hereof: provided that O thie',teM _and conditions of-this sentence need not`bo satisfied 'if~ the transferee of this Bond is 'a subsidiary bank of First state Bank, of Denton,, and (ii) the terms and conditions-of this sentence' shall not apply to any grant by a" Bondh6lder,of a participation or participations in the Bonds. "Institu- tional Investor" shall mean any eavings institution, commercial bank,; bank or trust company,, building and loan association, surety or guarantee \ company, savings institution, investment company as defined in the`'Invectment Company of Act 1940, insurance company or mutual fund. THIS BOND shall not be valid or become obligatory for any purpose `or be entitled to, any security or benefit under the Trust Indenture :until the Truntee's Certificate of Authentication herean,ahall have been eigned'by the Trustee and the Delivery Certificate hereon shall have 'been com- pleted: IN WITNESS WHEREOP, this Bond has been signed with the manual or facsimile signatures of the President and the Secretary of the Board of Directors of the Issuer, and the official seal of the Issuer has been duly impressed, or placed in facsimile, on this Bond. Secretary, Board of Directors President, Board of Directors (ISSUER'S SEAL) i~{a,.871fv: i ; i n ;~r,y . I,a~ C d. I q'm ' r -WV $ORI✓ OF,TRUSTEE'S'CERTIFICATE OF AUTHENTICATION TRUSTEE'S CERTIFICATE OF AUTHENTICATION This.Bond is:the Bond initially issuid'under the pro- visions 'of the within Mentioned Agreement, Initial Bond Resolution,; and Trust Indenture. FIRST STATE BANK OF DENTON, Trustee By Authorize Officer FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the registered owner of this Frond last listed below sells, assigns, and transfers the within Bond to the Assignee last listed below, and hereby authorizes the transfer of this Bond on the Bond Registration Books of the Trustee. Such assignment shall not be effective until such Assignee presents this Bond to the Trustee for verification of such assignment and gives the Trustee its address to which payments shall be made and the Trustee makes notation of such Assi;rnment below. DATE OF REGISTERED SIGNATURE OF ASSIGNMENT OWNER ASSIGNEE REGISTFA? FORM OF DELIVERY CERTIFICATE DE141VERY CERTIFICATE THIS BOND was delivered to and paid for by the pur- chaser hereof on 16 "Si t F#;..:', 2 ,.R sL ,nr K" trt. S 5 FORM OF PREPAYMENT RECORD PREPAYMENT RECORD Date Principal Remaining Name e'Title of Signsture of of Prepayme6t or Principal Authorized Officer Authorized Payment Redemption Balance Making Entry Officer Section 6, PLEDGE. The Bonds and the interest thereon are and shall be payable from and secured by a first lien on And pledge of the' payments designated As'Installment Loan Payments to be t~ada or paid, or caused to be made or paid, to the Trustee by the user, puiiuant and subject to the terms and provisions of this Ini101al Bond Resolution, the Trust Indenture, and the Agreement; and such 'Installment Loan Payments are further pledged - irrevocably'to the estab- lishment and maintenance of the Debt Service Fund herein- after croated. Section 7. DEBT SERVICE FUND. (3) Establishment of Debt Service Fund. A separate and special trust fund to be designate an known as the "Debt Service Fund" shall be established by theIssuer With the Trustee for the benefit of the owners of the Bonds pursuant to the Agreement and'the Trust Indenture, and maintained'as provided in this Init;lal Bond Resolution and the Trust Indenture, as long as ,Any of the Fronds, or interest thereon, is outstanding and unpaid, (b) Accrued Interest. Immediately after the delivery of the Bond to the initial purchaser thereof, a! 1 accrued interest, if any, received from the proceeds from the sale and delivery of the °and, shall be transferred by the Trustee into the Dubt Service Fund. (c) Installment Loan Payments. ,The User shall make or pay, or Pause to be made or paid, to 'the 4rustee, which shall deposit into the Debt Service Fund, Installment Loan Payments as followas (1) On or before each interest payment dates as provided in the FORM OF BOND set forth in fiction 5, in amount which, together with any other amounts then of deposit therein and availibie for l7 i f- t 4. if r hx,'z:4l } °4 S r'Al c~ P~„' 1 fi. K~l~ 5~ 3v °vE ~1 j :t ♦ r Y`w s „ A +I t .v G v e - d. a '/v Y' r q `S l e Sv v 9 such purpose, ,.,Will . be ucficient to pA'.1s the ihterest coming due on the Bond on e~ic.i 'interest payment dates and (2) On or before each principal payment data as provided in Section 2 and in the FORM OF BOMB est forth in :,ection 5, an amount which,' together with any other amounts then on deposit therein and available for such purpose, will be sufficient to pay the principal of the Bond scheduled to be paid an each principal payment date; and (3) On or before any optional or mandatory prepayment or redemption date as permitted or required in the FORM OF BOND set forth in Section S. in amount which, together with any other amounts then on deposit ani available for such purpose, will be sufficient to pay the prepayment or redemption price (including any agreed liquidated damages) specified therein; and (4) promptly after the occurrence of a Final Determination of Taxability, the additional amount required to pay the agreed liquidated damages to the owner of the Bond for any installments of principal which were unpaid on the date of any Taxable Event, but which were paid or redeemed prior to the prepayment or redemption of all unpaid principal installments after a Final Determination of Taxability, all as provided in the FORM OF BOND sett forth i! Oection 5; and (5) On any date on which the Bonds are declared to be immediately due and payable pursuant to the Trust Indenture, an amount which, togoihar with any other amounts then on deposit and available for such purpose, will be sufficient tq pay the prin- cipal of all Bonds then outstanding and the Interest accrued thereon to such date; and (6) Promptly a:tor receipt of each statement and request for payment, an amount equal to the charges of th9 Trustee Cot, performing the duties of Trustee and Registrar, and the 0Arges of the Paying Agent for the Bond, ` as desi¢lated in the FORM OF BOND set forth in Section 5, for paving or redeeming principal installments of the Bond, and paying the interest thereon. In the event the User should fail to make or pay, or cause to be trade or paid, any of the required nstailment Loan Payments set forth in this Section, each such required payment shall continue as an obligation of the User until fully paid, andthe User agreed to' pay the Name to the 18 7Y~S~~`4 vf'~"1Y',.~!~'r A' 1 M`Y r}~'~'~('~"~ •'4 jy 4 ;'y v j+ , 3+~ ~r>:. A1^ Np P sr, I e r r' n,+` s. ''vs F3" = ~i M1~, Trugtoso fdr the` benetit of the`' awA x$ of the, 86nde, , t Y pel~mise#bic,' At 't}~e, into * ratezott t e iyedh'e ' t e 1 xtent' le a i ~ e cef . p, r { 29) per annum, from the date any such payment was due until payment thereof. (d) Redemption. The Bond initially authorized herRby shall be subject to ,redemption, and may or shall be redeemed, as specified irg the FORM OF BOND set forth in SectAon S. (e) Payments from Debt Service Fund. Except as other- wise specifically provided in this Initial Sono Resolution or the Trust Indenture, the Debt Service Fund shall be used by the Trustee only to pay the principal of, and prepayment or redemption premium, if wny, agreed liquidated damage if any, and interest on the Bonds,' when due, and the charges of the Trustee, Registrar, and Paying Agentr and the Trustee shall make available to the Paying Agent, -out of the Debt Service Fund, the amounts required, to pay or redeem the principal of, and interest on the onds when due, 'and the Trustee shall make all other payments as required by ttis Initial Bond Resolution and the Trust Indenture'. (f) Immediately Available Funds. The User shall make all Insta111nent Loan Payments in funds that will be immedi- ately available and allow the Paying Agent to pay, in lawful money of the United St&te eof America, the principal, inter- set, and other amounts with respect to the Bonds, when due. (g) Investment of Funds. Any money held as part of the Debt Service Fund shall be invested or reinvested by the Trustee, upon the written dirbotion of the Approving `Officor it wily obligations, including certificates e)f deposit. The Trustee shall make no Inves"'Ats except as specifically directed by the 'Approv74.4 Office:. The investments of the Debt Service Fund steal) be.deemsd io be a part of such Fund, and, for the purpose of determining the uLmount of, money in such Fund, such investments shall be valued =at their cost or market value, whichever is lower. The';: income and profits, including realized discount on' obligations purchased, received from such investments shall be deposited in or'credited to the Debt Service Fund, and any losses on investments thereon shall be charged against the "Debt Service Fund. If at any time it shall become necessary that some or all rig the investments made with the moneys from the-Debt ServiG-% Fund be redeemed or sold to raise moneys necesar'ay to compiy with the provisions of this Initial Bond Resolution or the Trust `Indenture, the' Trustee `shall, without further authorization, effect such redemption or sale, employing, in the case of a` sale,„eny commercially reasonable method of affecting, the same. The Trustee shall not be liable or tesponsibie for any lose resulting from thy such investment or resulting from the redemption or sale of any such "Investment as 'herein`- authorized= 'except `that the ;o 'd".' s..ee .v..,M, a _ MwW ~ .r1: r 1 ry`tar ~3y{ tffi' Trustee s'nall be liable :for' (1) any loss resulting frio, its willful or'negligent.failure, Wit2iin *.reasonable time after receiving. the written direction from 'the. Approving Officer to make',`" redeem, or sail any investment in' the manner provided for herein, and ;(2) except for any redemption or sale ;jade pursuant to the next preceding sentence of this paragraph, for any lose resulting from the making, redeeming, or selling of any investment which was not authorized by writteft dirbction of the Approving officer. If the Trustee is vnable, after reasonable effort and within a reasonable time, to make, redeem, or sell any such invest- ment, it shall so notify in writing the Approving Officer and thereafter the Trustee shall be - relieved of all responsibility with respect thereto. In the event of any such loss, the User shall make additions! deposits to restore same if and to the extent require<<' to enable the Trustee to make all payments required to be made from the Debt Service Fund, and such additional deposits shall constitute additional amounts of Installment Loan Payments. Section 8. SECURITY FOR FUNDS. All uninvested money in all Funds established pursuant to this Initial rond Resolution (including' the Debt Service Fund and the Construction Fund), shall be secured by the Trustee in such manner and to such extent as is required of banks when acting in a fiduciary capacity. Section 9, THE USER'S PAYMENTS. (a) Unconditional Obligation. The User has cot,,enanted in the Agreement, and, by the approval of this Initial Bond Resolution, the User further has unconditionally obligated itself and agreed, regardless of and notwithstanding any provisions of the Agreement, other than Sections 6,01 and 6.02 thereof relating to transfer of assets and assignment, and regardless of the provisions of any other -agreement or contract to the contrary, to make or pay, or cause to be made paid, without set-off, recoupment, or counterclaim, Payments to the Trustee in the amounts required Install by Section 7(c) to be made into the Debt Service Fund, and to make such payments on or before the dates specified in this Initial Bond Resolution and the Trust Indenture, and said payments by the User shall be and constitute the Installment Loon Payments as contemplated and required by the Agreement. Each Bondholder is and shall be entitled to rely unconditionally on the agreements, covenants, and representations set forth in this Initial Bond Resolution and the Trust Indenture, (b) „ Prop p further understood that the User ma prepay all or any is art of each Installment Loan Payment, and any such prepayment, and any earnings thereon, shall be applied by the 'Trustee to the payment of each Installment Loan Payments provided that the prepayment or redemption at any time of any unpaid prinbipal`instillment# 20 { S : p 15 d < T k , ti A:~~r 1oc . r x~ v.~ )g Tr, x > kE1 S of the`Bonds prior to kheir;duo datos, with funds from any Y source' (whether ftO . Installment Loin Pa faonto; or otherwise)sha11 not relieve the User of its Obligation to make or pay, or cause to be made or paid, each Instillment Loon payment as specified in Section 9(a), whojl due with respect to any remaining unpaid principal inatallments of the Bonds Section 10. ADDITIONAL PARITY BONDS. (a) Additional Bonds. The Issuer reserves the right, upon thee: request of the User, to issue additional parity revenue bonds ("Addi- tional Bonds") in any amotmts, for any lawful 'purpose or purposes, including the refuniing of any outstsnding Bonds. Such Additional Bonds, along with the Bond authorized by this Initial Bond Resolution, ohall be considered, constitute, and be "Bonds" as defined in, and for all purposes of, the Agreement and the Trust Indenture. Furthermore, for all purposes of this initial Bond` Resolution, the term "Bonds" shall mean and include the Bond authorized hereby and any Additional -Bonds, unless the. context otherwise indica'te's. When issued and delivered such Additional Bonds, the redemption premium, if any, agreed liquidated damages, if any, and the interest thereon, shall be payable from the Debt Service Fund, and shall be payable from and secured by , a first lien on and pledge of installment Loan Payments pursuant to the Agreement, and secured by the Trust Indenture, the Deed of Trust and the roir,rantee, in the same manner and to the same extent as, and be on a parity with, all then outstanding Bonds and Additional Bonds. Such Additional Bonds may be issued in one or more series or issues, in various principal amounts, maturing at different times, bearing' interest at different rates', be payable in installments or otherwise be redeemable prior to maturity, with or without redemption premium, on whatever terms or prices, and may contain such other provisions as may be provided in any Bond Resolution authorising the issuance of such Additional Bonds. -It is provided, however, that no series or issue of Additional fonds shall be issued unless (i) In the opinion of Bond Counsel (A) the issuance of such Additional Bonds will not adversely affect the exemption from federal income taxation of the interest on the then outstanding Bonds and Additional Bonds, or affect the validity of the then outstanding Bonds of Additional Bonds and (b) such Additional Bonds are accured in the same manner snd to the same extent as and are on a parity with all then outstanding Bonds and Additional Bondsl (ii) A certificate is executed by the President ' and Secretary of +he Board of Directors of the 'Issuer to tho effect that no.default exists in connection with the Bondi 'or the Trust Indenture(or'any amendment or 21 C VP :i~ q iw +~'ati,;.- 'T J+Y• .,i~., < . 4.A -77 supplement thereto) or with any, of the covenants: or retirements., o :this Initial B nd.R►solutioh or the, BoResolutions (or any 'amer5 to or eupplem6ht'e ` thereto) authorizing the issuance of all then' Outstanding Bonds and Additional Bonds, and that th• Debt Service Fund contains the amount then re4uired to be on deposit therein; (iii) The Bond Resolution authorizing the issuance of such series or issue of Additional Bonds provides for additional Installment Loan Payments to be deposited into the Debt Service Fund in amounts sufficient to pay all principal of, redemption premium, if any, agreed liquidated damages, if any, and interest on such Additional Bonds, together with all Trustee, Registrar, and Paying Agent fees and expenses attributable to such Additional Bonds; (iv) The Approving Officer approves in writing i-he Bond Resolution authorizing the issuance of such series or issue of Additional Bonds, as kw4uired by the Agreement; (v) The principal and interest payment dates during any year in which principal and interest on such Additional Bonds are schediled to be paid, are the same for the Additional Bonds and the Bonds; and (vi) The Commission expressly gives its prior approval to the issuance of such Additional Bonds. (b) Amendments to Trust Indenture Unnecessary. It shall not be necessary or required that the Trust Indenture be amended or supplemented to cause any series or issue of Additional Bonds to be secured by the Trust Indenture. All that shall be necessary or required to cause any such Addi- tional Bonds to be secured by the Trust Indenture is for the Issuer to deliver to the Trustee a certified copy of the Bond Resolution authorising their issutnce prior to the delivery o° such Additional Bonds, Section 11. SPECIAL COVENANTS. The Issuer further covenants asfollowe: (a) Installment_ LoaPayments Pledged to Bonds only. Other than for the payment of the Bohde, as provided in is Initial Bond Resolution and the Trust Indenture, the Installment Loan Payments have not in any manner been pledged to the payment of any debt or obligation of the Issuer= (b) Nona Encumbrhnca. 'rfiile any of the Bonds is out• strznding, the Issuer will not (except with respect to the Bonds and any Additional Bonds and except as provided in the 22 e. ` x ° F s e r:' S k h 9 'T r xl 'i~r rr r k:('t r-, 3i u y°' , w r . 's 1 J C. Agi Bement, eny Sond' Eesolution, or the Trust, Indenture) ,in anY' ' annex Whats6iVer create: e~soutdo or eixffer to efci t, directly or :indir`ec"tl"y, any mortgage, lien, encumbrance,' pledge, or charge- against the Debt Service Funi, the Installiront Loan Payments, the Construction `Etind, or'any property or moneys deposited with the Trustees (c) Performance by Issuer. The Issuer will carry out all of its covenants and obligations under this Initial Bond Resolutions and the Issuer may be required to'carry out such covenants and obligations by all legal and equitable means, including, but without It-siltation, actions for specific per formance and the use and filing of mandtmus proceedings, in any court of competent jurisdiction, against the Issuer, its Board of Directors, and its officials and employees= and (d) Certain Modifications Prohibited. The Issuer covenants and agrees that it will not execute or permit the execution of any contract or agreement, or terminate or amend the Agreement, in any manner thst would relieve or abrogate the obligations` of the User to make or pay, or cause to be made or paid, whdn due, all Installment Loan Payments, in the manner and to the extent required by the Agreement, this Initial Bond Resolution, and the Trust Indenture, or which would change or affect Sections 4.04, 4.050 4.060 6.01 and 6.02 of the Agreement without the written consent of all of the Bondholders and the Trustee. Section 12. BONDS ARE SPECIAL OBLIGATIONS. The Bonds are and shall be special revenue obligations of the Issuer payable solely from payments to be made under the Agreement, this Initial Bond Resolution, the Deed of Trust, the Guaran- tee, and the Trust Indentures and the Bondholders shell never have the right to demand payment thereof or the interest thereon out of funds raised or to be raised by taxation, or from any source whatsoever ether than the foregoing. The Bonds are not and shall never be considered as obligations of tho State of Texas, the Govornmental Unit, it any other political subdivision or agency of the State of Texas, or of the Board of Directors of the Issuer, either individually or collectively. Section 13. AMENDMENTS. (a) )A ndmerit with Consent of Owners of SIX of Bonds, Subject to approval in writing by the Approving officer of the User, the owners of $1x in aggregate principal amount of the then outstanding Soi%de shall have the right from time to time to approve any amend ment to any Bond Resolution, or to the Trust Indenture (provided that the Trustes court approve any amendment to the Trust indenture), which may be deemed necessary or desirable by the Issueri provided, however, that nothing herein con- tamed shall permit or be construed to permit the amendment, without the consent of the owner of each of the then out- 23 '~'iTp& FN i7 7", ks'. standing Bonds affected theraby,.of the terms and ,C64ditlons- of ant ,pond Resolution, the Bonds, or th sa,'aate= e fruit` Inderture, (1) change tha Debt Service Fund rcquire-snents, interest payment dates, or the due dente or dates, or the maturity or maturities of the outstanding Bonds; (2) reduce thoa rate of interest borne by any of the outstanding Bonds; (3) reduce the amount of the principal of, redemption premium, if any, liquidated damages, if any, or interest on the outstanding Bonds, or impose any conditions with respect to such payments; (4) modify the terms of payment of principal of, redempttlor, premium, if any, liquidated damages, if any, or interest on the outstanding Bonds, or impose any conditions with respect to such pay mentsj (5) affect the rights of the owners of less than all of the Bonds then outstanding; (5) decree,se the minimum percentage of the principal amount of Bonds necessary for consent to any such amendment; or (7) alter the obligations of, the User to pay In,tall- went Loan payments in the. manner and to the extent provided in the Agreement, the Bond Resolution, and the Trust Indenture. (b) Notice of Amendment. If at any time theIssuer shall desire to amend any Bond Resolution,, or the:-Trust Indenture, under this Section, the Issuer shall 'file a copy of the propoised amendment at the principal office of tha Trustee and shall cause notice of the proposed amendment to be given by registerod or certified mail to the owner of each Bond as shown by the Bond Registration Books required by the terms hereof to be kept by the Trustee. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Trustee for inspection by all owners of Bonds. (c) Consent to Amendment. Whenever at any time not less than 30 aye, and within one year, from the date of the giving of said notice, the Issuer shall receive an Instru- ment or irfstruments executed by the owners of at least 61% in aggregate principal amount of all Bonds then outstanding, which instrur..9nC or instruments shall refor to,the proposed 24 Ik , l~ftb i. v i4 YYi' •?l 3~ bn 'C7"e'~ d' pP +,V r Y, , 1! e l 7 i; ' r z d L R N amendment described in said }notice and shall 'spec ific"ally coiiaent..to and approve such amendment;, the'-.Issuer, may; adopt the amendatory reeolu.ion substantially the'sime°foi*d. (d) Effect of Amendment. Upon the adoption of any amendatory resolution pursuant to the provisions of this Soction, any such Bond Resolution, or the Trust Indenture, shall be deemed to be amended in accordance; with such amendatory resolution, and the respective rights, duties, and obligations under such amendatory resolution, or the 7 Est Indenture, of all -the Bondholders shall thereafter'be & c,erm nod and exercised subject in all respects to such amendments. (e) Consent ofBondholders. Any consent given by a Bondholder pursuant to the provisions of this Section' shall be irrevocable for a period of six months from the date of the giving of the notice provided for in th,s Section, and shall be conclusive` and binding upon all ft.ture owners of the same Bond during such period. Such consent may be revoked at any, time after six months from the data of the giving such notice by h B tdho der who gave such Y by a by filing notice thereof with the Trustee and the Issuer, but such revocation shall not be effective if the owners of 51% in aggregate principal amount of the then outstanding Bonds have, prior to the attempted revocation, consentod to and approved the amendment. (f) Ownership of Bonds. For the purpose of this Section, the fact of being a Bondholder and the amount and numbers of such Bonds, and the date of being a Bondholder, may be conclusively presumed, or may be proved 'by the appropriate entries in the Bond Registration Books maintained by the Trustee as Registrar. (g) Amendments Without Consent. Notwithstanding the provisions of (a) t roug f) of this Section, and without notice to the `Bondholders of the proposed amendment and without the consent of the Sondholdere, but subject to approval of the Approving Officer and, in the case of any amendment to the Trunt Indenture, with the approval of the Trustee, the issuer may, at any timeo amend any Bond Resolution, or the Trust Indenture to cure an ambi it or cure, correct, or supplement any defective or inconsistent provision contained therein, or make Any other change `that does not in any respect materially and adversely affect the interest of the Bondr.oldera, provided thrt no such amendment shall be grade contrary to the proviso t6 Section 13(a), and c duly certifit,d or executed copy of each such amendment shall be filed w1th the Tr, stee. 25 k .t J. f N s ' + ' e~ rx Iw s-c ♦ h s. t s a ~r'W yk„4 yF i ~r psi i Section 14.R E&TABLISHRENT of CONSTRUCTION. FUND, (a) Deposit of Solid Proceeds Into'' C_o_'l riotion Fund..' Prioj .to or in~ediatbly 'after" the e61and deliVfty' of :the, Bond'*-' authorized herdby, the Issuer shall d9tablish the'Construc- tion Fund with the Trubtes, as definad 'in end required by the Agreement, The 1 asuer`shall deposit all of the proceeds from the sale and delivery of the Bonds authorize hereby into the Construction Fund. The Trustee shall draw on and use the Construction' Find as hereinafter provided. The amount so deposited into the Construction Fund shall coneti- tute the Loan made to the User by the Issuer is contemplated and provided in the Agreement. (b) Investment of Money in Construction Fund. Any money held as part of the Construction Fund, other t an the amounts dtscribed in Section 1S(a), shall be invested or reinvested ,by , the Trustee upon the written direction of the Approving OffIcer'in any obligations, including certificates of deposit. The Trustee shall make no investments except as specifically directed in writing by the Approving Officer. The investments of the Construction Fund shall be deemed to be a part of the Construction Fund, and for the `purpose of determining the amount of money in the Construction Fund, such investments shall be valued at their cost or market value, whichever is lower. The income and profits, including realized discount on obligations purchased, received from such investments shall be deposited in or credited to the Construction Fund, and any losses on investments bhall be charged against the Construction Fund. Upon the written direction of the Approving officer e Trustee shall redeem or sell all or any designated part of such investments employing, in the case of a sale, and commercially reasonable method of effecting the same. Thk 'Trustee shall not be liable or rebponsible for any loss resulting from the redemption or sale of any such investment as herein authorized= except that (notwithstaheing any provisions of the Agreement) the Trust6e_shall be liabla for: (1) any lose resulting from its willful or negligent failure, within a reasonable time after recsivtng the written direction from the Approving Officer, to make, redeem, or sell any investment in the, manner provided for herein, slid (2) any loss resulting from the making, redeeming, or selling of any investment which was not authorized by written direction of the Approving Officer. If the Trustee is unable, after reasonable effort and within a reasonable time after raceipt of the required written direction, to make, redeem, or sell any such investment, it shall so notify in writing the Approving Officer, and thereupon the Trustee shall be relieved of'all liability or responsibility with respect thereto. (c) a bait of `Accrued Interest . nc_oMe amend F of ts. Any accrue. interest received firom ie~e of the Bonds; and, upon 'the written directi%.h of the Approving Officer and 26 i, 1411 1 Y to 'the extent that such use is.consistent 'with the require- ments ; of section' 15(b) (v);, all income; and refit's received from the investment of the Construction'Etit bhall (as"soon as practit'Ole after any receipt thereof has been deposited in or credited to the construction Fund)"be.transfer"red by the trustee and deposits ,a into the Debt Service Fund to .:)e used to pay interest on the Ronde during the period of construction of the Project. Section 15. PAYMENTS FROM CONSTRUCTION FUND. (a) Issuer's Administrative Overhead Expenses Ad~ other costs. Immedirtely after the delivery of the Bonds. authorized hereby, the Trustee shall pay directly out of the Construction Fund, promptly after receiving the bills or ALatements therefor, all of the actual expenses and,costs of issuance of such Bonds, including, without limitation, financing charges, printing and engraving expenses, the fees and expenses of accountants, financial advisors, and attorneys, and the initial fees and expenses of the Trustee.. (b) Reimbursement for and Pa ent of Cost of Project. Subject and subordinate to making the a entb required by the preceding paragraph, the Trustee shall make an initial payment: if requested by the User in the manner described below for payments from the Construction Fund, to reimburse the User for any Cost of the Project, paid by the User prior to such date of delivery. The Trustee shall make such initial payment, if requested, and shall make any sub- sequent payments from the Construction Fund to enable the User to pay, or to reimburse the User for paying, any Cost of the Project, from time to time upon receipt by the Trustee of a request of the User cgned by the Approving Officer. Such request shall be accompanied by r.certificate stating with respect to each payment as followst (i) tLe expenditures, in summery form, for which payment is to be made or for which reimbursement is requested; (ii) that the amounts requested are to be, or have been paid, by the user for property or to contractors, subcontractors, materialmen, engineers, ar.hitects, or other persons who will perform or have performed neces- sary or appropriate services or will supply or have supplied necessary or appropriate materials for the acq»isition, construction, equipping, and furnishing of the Project, as the case may be, and that, to the best of hia knowledge, the fair value of such property, services, or materials is not exceeded by the amounts requested to be paid; 27 ~Z ir, ~.f wi f f~ ~I i a ,t. y €~tf "~~°if `~uA {t .~,~~~if~•n~ n f~^Iti. i 5` wj~ (iii) that no part of the several amounts requested to be paid, to the User, de stated in such certificate, has been or is the basis for the payment of any money in any previous or then pending request; (iv) that the payment of the amounts requested will not result in a breach of any of the covenants of the User contained in tLe Agreement, and particularly thoss covenants xn Sections 4.05 and 4.06 thereof, which relate to the Code and the Regulationel and (v) that the expenditure of such amounts to be paid, when added to all previous disbursements from the Construction Fund, will result in at least 90% of the total of such disbursements, other than disbursements for issuance expenses, being used to provide land or property of a character subject to the allowance for depreciation under the Code (which expenditures are amounts paid or incurred which are, for federal income tax purposes, chargeable to the Project's capital accouist or would be so chargeable either with a proper election by the User [for example, wider Section 266 of the Code] or but for a proper election by the User to deduct such amounts). Notwithstanding the foregoing, the User shall not requisition from the Construction Fund an amount in excess of $280,000 to finance the cost of acquiring land or any interest therein. (c) Depletion of Construction Fund within six months. All moneys in the Construction Fund shall, within 180 days from the date of delivery of the Bonds, be either (i) expeneed to finance the Project, (ii) expended to purchase and cancel, redeem or otherwibe retire Bonds or (iii) applied in a manner which, in the opinion of Bond Counsel, will not adversely affect the tax-exempt status of interest on the Bonds. (d) Reliance by Trustee The Trustee shall rely fully on any such request and certificate delivered pursuant to this Section and shall not be requirod to make any inventigation in connection therewith. If amounts paid by the Trustee with respect to any portion of the 2roject should exceed the cost thereof, the User shall promptly repay such overpayment into the Construction Fund. Section 16. SURPLUS CONSTRUCTION FUNDS. (a) Die osi- tion of Surplus Funds. The completion of the Project a all be conclueivefy evidenced, and the date of completion shall bo establishers by a written certificate of completion to be signed by the Approving Officet and delivered to the Trustee immediately upon completion of the project. If, upon the completion of the Project, there shall be any aurplus funds 28 X rea ~ y~7 P rA-~r51 i S.y^f H~ s Y ,rq 1.~, +t~ t Y. t i t ~ ~t \1 .i Ae' t remaining in the Construction Fund not required 'to provide for the payment of the Cost of the Project, or if any funds are on hand in the Construction Fund at the time of the release of the Trust Indenture under the terms theroof, then any such funds shall be used immediately to prepay or redeem principal installments of the Bonds, in inverse ':hrono- logical order, in the manner set forth in the FORM 02 BIND In Section 5 for the prepayment or redemption of principal installments of the Bonds with surpli-%, ;Constructionz Fund moneys, to the extent of any such avai" to funds; provided that prior to such use, the Issuer at,-' 'the Trustee shall have been furnisl~Ad with an unqualified opinion of Bond Counsel to the effect that the use of moneys from the Construction Fund for such purpose 011 be lawful and will not impair the exemption of interest on the Bonds from federal income taxation; and provided, further, that the User shall deposit into the Construction Fund prior to such prepayment or redemption an amount sufficient to cause the total amount in the Construction Fund to be equal to (i) an integral multiple of $1,000, or (ii) not less than all of the unpaid principal installment or installments to be prepaid or redeemed. (b) Disposition of Construction Fund upon Acceleration and Redemption. If the Trustee shall declare the principal of the Bonds end the interest accrued thereon immediately due and payable as the result of an Event of Default spec- ified in the Trust Indenture, or if the Bonds are optionally or mandatorily prepaid or redeemed prior to maturity as a whole in accordance with their terms, any amounts remaining in the Construction Fund shall be used immediately by the Trustee for the purpose 4~f paying principal of, redemption premium, if any, agreed liquidated damages, if any, and interest; on the 9onds when due. Section 17. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS, (a) Replacement Bonds. In the event any of the outstanding Bonds authorized_ hereby is damaged, mutilated, lost, stolen, or destroyed, the Issuer shall execute, and the Trustee shall authenticate, a new bond of the same principal amount and maturity of the damaged, mutilated, lost, stolen, or destroyed Bond in exchange and substitution for such Bond or in lieu of and substitution for such Bond. (b) Application for Substitute Bonds. Application for exchange an suketitution o damaged, mutilated, lost, stolen, or destroyed Bonds shall be made to the Issuer. In every case, the applicant for a substitute bond shall furnish to the issuer and to the Trustee such security or indemnity as may be required by them to save each of them and the Paying Agent harmless. In every case of loss, theft, or destruction of a Hsnd, the applicant shall also furnish to the Issuer and to the Trustee evidences to their 29 n. 77 l i F 1 satisfaction of the lose, theft, or destruction, and of the ownership of such Bond. In every case of damage or mutila- tion of a Bond, the applicant shall surrender the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the fore- going provis one of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemp- tion premium, if any, agreed liquidated damages, if di%y, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a substitute Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Substitute Bonds, Prior to the issuance of any substitute bond, the Issuer and the Trustee may charge the owner of such Bond with a:c legal, printing, and ether expenses in connection .therewith. Every substitute bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contracture) obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of the Trust Indenture and this Initial Bond Resolution equalif and proportionately with any and all other Bonds duly issued under this Initial Bond Resolution. (e) Authority for Issuing Substitute Bonds. This Ini- tial Bond Resolution shall constitute sufficient authority for the issuance of any such substitute bonds without neces- sity of further action: by the Board of Directors of the Issuer or any other body or person, and the issuance of such substitute bonds is hereby authorized, notwithstanding any other provisions of this Initial Bond Resolution, except to j the extent otherwise required by law. Section 18. NO ARBITRAOE. The Issuer and the User have covenanted to and with the purchasers of the Bonds that they will make no use of the direct or indirect proceeds thereof at any time throughout the term thereof which would cause the Bonds to be arbitrage bonds within the meaning of Section 103(c) of the Code or any Regulations or rulings pertaining thereto; and by this covenant the Issuer and the User are obligated to comply with the requirements of the aforesaid Section 103(c) and all applicable and pertinent Regulations relating to arbitrage bonds, I Section 19, FINDINGS. Based upon the representations made by the User in the Agreement, the Board of Directors herebyy affirmatively finds that (1) the project is suitable for the promotion of commercial, industrial or manufacturing i 30 ~ e, ys ,i e F V~' ~ 't-'d s, y ti ,'~Y; *jv1 a` ' W 'i.i x ~ ' 9 <4 ~tP~~~1~~'i%•, . development and expancion, (ii) the Project will have a ` direct, positive and favorable impact on employment in the Governmental Unit, and (III) that the Project Is in further ante of the public purposes as set forth in the Act. Section 20. SALE OF THE BONDS. At the specific In~uuest of the ')sari the Bonds are hereby authorized to be so d, and shall be delivered to First State tank of, Denton, Denton, Texas for the price of par and any accrued interest to the date of payment and delivery. Section 21. TRUST INDENTURE. For the purpose of addi- tionally securing the payment of the Bonds, the redemption premium, if any, the agreed liquidated damages, if any, and the interest thereon, and for the purpose of providing for and fixing in more detail the rights of the owners of the Bonds and of the Issuer, the User, and the Trustee, and for the purpose of making more effective the first lien on and pledge of the payments to be made pursuant to the Agreement and this Initial Bond Resolution, 'a Trust Indenture in substantially the following form and substance shall be signed, sealed, and otherwise executed and delivered, for and on behalf of the Issuer, by the President and the Secretary of its Board of Directors, after which the Trust Indenture shall be executed by the Trustee and shall become effective upon the delivery of the Bonds authorized herebyt 31 k i q4 a f rl~ Cj: R 7} ~~A us h x r N t 1 1.'1~, 1 K.~5 7 ,b 1~~ 7 Gn a~a i'4',, a.l~ry f )p d 1 S- t satisfaction of the loss, theft, or ;destruction, and of the ownership of such Bond, In every cAse of damage or mutila- tion of a Bond, the applicant shall surrender the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the fore- going provisions o this Sac no in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemp- tion premium, if any, agreed liquidated damcges, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a substitute Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Substitute Bonds. Prior to the issuance of any substitute bond, the Issuer and the Trustee may charge the owner of such Bond with all legal, printing, and other expenses in connection therewith. Every substitute bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractural obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of the Trust Indenture and this Initial Bond Resolution equally and proportionately with any and all other Bends duly issued under this Initial Bond Resolution. (e) Authority- for Issuing Substitute Bonds. This Ini- tial Bond Resolution shall constitute sufficient authority for the issuance of any such substitute bonds without neces- sity of further action by the Board of Directors of the Issuer or any other body or person, and the issuance of such substitute bonds is hereby authorized, notwithstanding any other provisions of this initial Bond Resolution, except to the extent otherwise required by law. Section 18. NO ARBITRAGE. The Issuer and the User have covenanted to and with the purchasers of the Bonds that they will make no use of the direct or indirect proceeds thereof at any time throughout the term thereof which would cause the Bonds to be arbitrage bonds within the meaning of Section 103(c) of the Code or any Regulations or rulings pertaining thereto; and by this covenant the Issuer and the User are obligated to comply with the requirements of the aforesaid Section 103(c) and all applicable and pertinent Regulations relating to arbitrage bonds. Section 19. FINDINGS. Based upon the representations made by the Uae,r in the Agreement, the Board of Directors hereby affirmatively finds that (i) the Project is suitable for the promotion of commerciai, industrial or manufacturing 30 J i{fU r. J I Olt; rro t{ dy I~~R # . r v n r` !Y it n qv. TX t "r 111y 'iJ " .9 P". development and expansion, (ii) the Project will have a direct, positive and favorable impact on employment in the Oov6rnmental Unit, and (iii) that the Project is in further- ance of the public purposes as set forth in the Act. Section 20. SALE OF THE BONDS. At the specific request of the User, the Bonds are hereby authorized to be sold, and shall be delivered to First State bank of Denton, Denton, Texas for the price of par and any accrued interest to the date of payment and delivery. Section 21. TRUST INDENTURE. For the purpose of addi- tionally securing the payment of the Bonds, the redemption prem-A if any, the agreed liquidated damages, if any, and sum, the interest thereon, and for the purpose of providing for and fixing in more detail the rights of the owners of the Bonds and of the Issuer, the User, and the Trustee, and for the purpose of making more effective the first lien on and pledge of the payments to be made pursuant to the Agreement and this Initial Bond Resolution, a Trust indenture in substantially the following form and substance shall be signed, sealed, and otherwise executed and delivered, for and on behalf of the Issuer, by the President and the Secretary of its Board of Directors, after which the Trust indenture shall be executed by the Trustee and shall become effective upon the delivery of the Bonds authorized hereby: 31 12 1 B.{~' ~ ~a~ '4 ~ ~ ~r P~ b f -41 F 5 "'14~e fj4 4 "i~ C~Y~^ Iir (rr 4 ~ 4~,~ ~G 1~. rrr~ r'11 r yin Y ,V'~s n '3 +t } V} 1 1 ~7 ~ k d TRUST INDENTURE BETWEEN CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTH6 ITY AND FIRST STATE BANK OF DENTON# TRUSTEE (MARTINO REALTY COMPANY PROJECT) Pursuant to and under this Trust indenture the City of Denton Industrial Development Authority has granted a security interest in and assigned to First State Bank of Denton, Denton, Texas, as Trustee, all of its interests in all "Installment Loan Payments" due pursuant to and under the "Loan Agreement between City of Denton Industrial Development Authority and Martino Realty Company" (and in the "Loan Payment Guarantee" under the "Guarantee Agreement" attached to and made a part of said Loan Agreement) to secure its Revenue Bond, Series 1985 (Martino Realty Company Project). DEBTOR: City of Lisnton Industrial Development Authority City of Denton Municipal Building, 215 East McKinney Denton, Texas 76201 SECURED PARTY: First, State Bank o Denton 101 South Locust Denton, Texas 76201 I ,l'. ,x e AI r~~r qN xq p{ir ^~o ,p;. a ;i .Y' i ?1rfffr A-* y . TABLE OF CONTENTS (The Table of Contents is not a part of the Trust Inden- ture but is for convenience of reference only) PACE Parties Recitals Granting Clause ARTICLE 1. ACCEPTANCE OF TRUST ARTICLE 2. DEBT SERVICE FUND AND CONSTRUCTION FUND ARTICLE 3. NOTICE TO THE USER AND THE GUARANTORS ARTICLE 4. ACCOUNTS AND RECORDS (a) Separate Records to be Kept (b) Annual Report (c) Right to Inspect ARTICLE 5. ENFORCEMENT OF RIGHTS IN CASE OF DEFAULT (a) Appointment of Trustee and Rights of Holder (b) Control by Trustee (c) Events of Default (d) Declaration of Principal and Interest Due (e) Enforcement by Trustee (f) Remedies Nop-Exclusive Waiver of Defaults (h) Discretion of Trustee (i) Application of Moneys (j) Judicial Proceedings (k) Enforcement of Remedies Without Possession of Bonds (1) Direction by Majority in Principal Amount of Bondholders (m) Notice by Trustee (n) Concurrence of Bondholders (o) Default of Payments (p) Notice to User of Past Due Payments a "iA ni L vA w` r i. J ri yw' L r. nyyM 4a i,-.,;n , PAGE ARTICLE. 6. CONCERNING THE TRUSTEE (a) Not Accountable for Bond Proceeds (b) Reliance by Trustee (c) Compensation of Trustee from Debt Service Fund (d) Limited Responsibilities (e) Advice (f) Trustee May Own Bonds (g) Fees ARTICLE 7. SUCCESSOR TRUSTEE (a) Resignation of Trustee (b) Removal of Trustee (c) Appointment of Successor Trustee (d) Transfer to Successor Trustee (e) Merger or Consolidation of Trustee ARTICLE 6. RELEASE OF INDENTURE. AND SATISFACTION OF INDEBTEDNESS ARTICLE 9. AMENDMENTS ARTICLE 10. MISCELLANEOUS PROVISIONS (a) Acknowledgements and Ownership of Bonds (b) Trustee May Require Proof of Ownership (c) Consent of Bondholders (d) Survival of Valid Bonds (e) Unclaimed Funds (f) Rights of Parti^s (g) Severability (h) Law ARTICLE 11. RECORDING (a) Trustee to record (b) Non-Encumbrance ARTICLE 12. NOTICE TO COMMISSION Execution by the Issuer Exacution by the Trustee rG= TRUST INDENTURE THE STATE OF TEXAS CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY t THIS TRUST INDENTURE, dated as of September 1, 1985, executed by and between CITY OF DENTON INDUSTRIAL DEVELOP- MENT AUTHORITY (the "Issuer"), a nonstock, nonprofit industrial development corporation organized and existing under the laws of the State of Texas, including particularly the Development Col:poration Act of 1979, as amended (Article 5190.60 V.A.T.C.S.) (the "Act"), and First State Sank of Denton, Denton, Texas, a state banking association duly organized and existing under the laws of the State of Texas and having its principal office in the City of Denton, Texas, as Trustee (the "Trustee"): WITNESSETHTHAT: WHEREAS, a "Loan Agreement between City of Denton Industrial. Development Authority and Martino Realty Company", dated as of September 1, 1985 (the "Agreement") has been duly executed between the Issuer and Martino Realty Company (the "User"), with the User being a general partnership organized and existing under the laws of the State of Texas and being fully qualified to business in the State of Texas; and WHEREAS, attached to and made a part of the Agreement is a "Guarantee Agreement" between the Issuer and Frank N. Martino, James B. Martino, David C. Martino, Frank N. Martino, Sr. and Riebard D. Martina (the "Guarantors") whereunder the Guarantors have guaranteed all obligations of the User under the Agreement, and particularly the obliga- tion of the User to make the Installment Loan Payments required therein; and WHEREAS, an executed copy of the Agreea.snt, including the Guarantee Agreement, has been filed with the Trustee, and for all purposes of this Trust Indenture the term "Agreement" shall mean and include the Guarantee Agreement; and WHEREAS, pursuant to the Agreement the Board of Directors of the Issuer has duly adopted a "RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BOND. SERIES 1985 AND THE EXECUTION OF A TRUST INDENTURE (MARTINO REALTY COMPANY PROJECT)" which, together with any amendment thereto, is hereinafter called and deeignated the "Initial Bond Resolution"7 and {r ~r y bar F ~ ~ f w • ~ n Y Y{ f'~G~1' , ` { a0 ,a4 1C x i c; ~ '•I .9 i. „`l WHEREAS, the Initial Bond Resolution authorized the ssttance of CITY OF DENTON INDUSTRIAL DEVELOPMgNT AUTHORITY :<EVENU9 BOND, SERIES 1985 (MARTINO REALTY COMPANY PROJECT), in the aggregate principal amount of $2,500,000, which together with any replacement bonds and any additional parity revenue bonds ('Additional Bonds") authorized to be issued by the Initial Bond Resolution, are hereinafter collectively called the "Bonds"; ai:d WHEREAS, a certified copy of the I'aritial Bond Resolution has been duly filed with the Trustee; and WHEREAS, pursuant to the Initial Bond Resolution, a certified copy of each resolution authorizing the issuance of each series or issue of Additional Bonds shall be filed with the Trustee prior to the delivery thereof; and WHEREAS, as used in this Trust Indenture the word "Bond Resolution" shall mean and include collectively the Initial Bond Resolution (including the Trust Indenture prescribed and authorized to be executed in the Initial Bond Resolution) and, when adopted and filed with the Trustee, each resolution authorizing the issuance of Additional Bonds together with any supplemental resolutions or amendmente to such resolutions or the Trust Indenture; and WHEREAS, pursuant to the Agreement and the Bond Resolu- tion and subject to the terms and provisions thereof, the Bonds, the redemption premium, if any, agreed liquidated damages, if any, and the interest thereon, are and shall be payable from and secured by a first lien on and pledge of the payments designated "Installment Loan Payments" to be made or paid, or caused to be made or paid, by the User and/or the Guarantors (or its or their successors or assigns under certain circumstances) to the Trustee; and WHEREAS, the User and the Trustee have entered into a Deed of Trust and Security Agreement, dated as of September 11 1985 (the "Deed of Trust'), providing further security for the payment of the Installment Loan Payments for the benefit of the owners of the Bonds; and WHEREAS, for purposes of this Trust Indenture, the definitions of terms in the Agreement, the Deed of Trust, and the Bond Resolution are hereby adopted, and the terms used herein shall have the same meanings ara such terms are given in said Agreement, Deed of Trust, and ftond Resolution unless a different meaning is given herein; and WHEREAS, the Trustee has accepted the trusts created by this '^tust Indenture, and in evidence thereof has joined in the execution hereof; slid F SAN l) fir. r^~dJ 1,7 WHEREAS, Me Preamble constitutes an integral part of this Trust Indenture. NOW, THEREFORE, THIS TRUST INDENTURE WITNESSETH: That the Issuer in consideration of the premises and the acceptance by the Trustee of the trusts hereby created, and of the purchase and acceptance of the Bonds by the owners thereof, and for other good and valuable considera- tion, the receipt of which is hereby acknowledged, and for the purpose of securing and providing for the payment of the principal of, redemption premium, if any, and interest on the Bonds at any time issued and outstanding, when due, any agreed liquidated damages, all fees and expenses of the Trustee and Registrar, and the Paying Agents for the Bonds, and all other paymonts required to be made by the User and/or the Guarantors under the Agreement and the Bond Resolution, has granted a security interest in, assigned, transferred, pledged, set over, and confirmed, and by these presents does grant a security interest in, aceign, pledge, set over, and confirm unto the Trustee, and to its successor or successors in said trust, and to its or their assigns, all and singular (i) all of its right, title, and interest in and to the Installment Loan Payments an required and provided in the Agreement and the Bond Resolution, (ii) thA rebt Service Fund and the Construction Fund created by the initial Bond Resolution, and (iii) all of its right, title, and interest in and to the "Loan Payment Guarantee", as defined, required, and provided in the Guarantee Agreement upon, and subject to the to.-ma, conditions, stipulations, covenants, agreements, trusts, uses, and purposes herein- after expressed; and the Issuer and the Trustee have agreed, and they hereby agrAo and covenant with the respective owners frorc, time, to time of the Bonds as follows, to-wit: Article 1. ACCEPTA:!CE OF TRUST. The Trustee hereby accepts the trusts, duties, obligations, and requirements imposed on it by the Bond Resolution and this Trust Indenture, and agrees to carry out and perform, punctually and effectively, such duties, obligations, and requirements for the benefit of the issuer, the User, the Guarantor, and the owners of the Bonds. It is further specifically agreed that (i) the Trustee will act as a Paying Agent for the Bonds at all times while it is Trustee, (ii) the Trustee o4ill act as Registrar for the Bonds at all times while it is Trustee, (iii) the Trustee will authenticate each of the Bonds by executing the Trustee's Certificate of Authentication appearing on each of the Bonds, as provided to the Bond Resolution, and it will so authenticate tho Sonds when requested by the Issuer, prior to the delivery of the Bonds, at such time and in su^.h manner as dirt.cted by T aM'. it the Issuer, and (iv) the Trustee will remain the Trustee under the Deed of Trust so long as it is the Trustee hereunder. Article 2. DEBT SERVICE FUND AND CONSTRUCTION FUND. The Debt Service Fund and the Construction Fund created by the Initial Bond Resolution are hereby confirmed and,estal~,• lished, respectively, in trust, with the Trustee, and the Trustee agrees to hold, administer, deposit, secure, invest, and use said funds in all respects as provided and required by the Agreement, the Bond Resolution, and this Trust'Inden- ture. Article 3, NOTICE TO THE USER AND THE GUARANTORS. On or before the Sth day prior to each date upon or before which each Installment Loan Payment is required by each Bond Resolution to be deposited into the Debt Ssr~rice Fund, the Trustee :hall give written notice to the User and to the Guarantors, by hand delivery or first class mail, postage prepaid, at such address as the User and the Guarantors shall from time to time designate and file in writing with the Trustee, of the amount, if any, of each Installment Loan Payment required by each Bond Resolution to be made by the User and/or the Guarantors to the Trustee and deposited by the Trustee into the Debt Service Fund, on or before such date. Sunh notice shall give a brief statement of the manner in which the amount due was calculated, including a showing of all credits on account of available moneys in the Debt Service Fund. The failure of the Trustee to give, or the User or the Guarantors to receive, any such notice shall not relieve the User of its unconditional e.uty and obligat;on to make all deposits or payments of Installment Loan Payments to the Trustee as required by the Agreement and each Bond Resolution. Article 4. ACCOUNTS AND RECORDS (a) Separate Records to be Kept. The Trustee shall keep proper books of records and accounts, separate from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the Installment Loan Payments, the Debt Service Fund, and the Construction Fund. (b) Annual Report. Within 90 days after the close of each fiscal y4ar of the Trustee, the Trustee will furnish to the Issuer, the User, the Guarantors, and arty owner of any outstanding Bonds who may too request, a copy of a report by the Tr%:stee covering the preceding fiscal year, showing the following informations (1; a detailed statement concerning the receipt and disposition of all Installment Loan Payments and the disposition of the amounts in the Construction Fund 4 .;r ~ -r a t it^ ..fp £rl .on s'Fn .t~ a'r ir. ri: s~ `iy: w ~c``~ l I (until the Construction Fund shall have been fully disposed of). (2) an asset statement or balance sheet of the Debt Service Fund and of the Construction Fund (until the Construction Fund shall have been fully disposed of). (c) Right to inspect. The Issuer, the User, the Guarantors, and to owners of any Bonds shall. have the right, at all reasonable times and upon reasonable notice, to inspect all records, accounts, and data of the 'T'rustee relating to the Debt Service Fund and the Construction Fund. Article 5. ENFORCEMENT OF RIGHTS IN CASE OF DEFAULT. (a) Appointment of the Trustee and Rights of the Holder$ The Trustee is hereby irrevocably appointed the special agent and representative of the owners of the Bonds and vested with full power in their behalf to effect and enforce the Agreement, this Trust Indenture, and the Bond Resolution for their benefit as provided herein and in the Bond Resolution; ,ut anything contained in this Trust Indenture to the contrary notwithstanding, the owners of a majority in aggregate prSncipal amount of the Bonds then outstanding, in case of any subsisting Event of Default (hereinafter defined) or of any other event entitling the Truis.ee to proceed hereunder, shall have the right from time to time to direct and control the Trustee in connection with the enforcement of any of the provisions of the Agreement, this Trust Indenture, and the Bond Resolution, and any other proceedings taken by virtue of any provisions of the aforesaid instruments, including the right to have withdrawn and discontinued at any stage thereof any proceedings taken hereunder by the Trustee, provided that the Event of Default upon which such proceedings were based and all other Evonto of Default hereunder shall have been remedied and made good. Anything contained in this Trust Indenture to the contrary notwithstanding, each owner of any Bond shall have a right of action to enforce the payment cf all amounts due with respect to any Bond owned by him when or after the same shall have become due, at the place, from the sources, and in the manner expeessed in the Agreement, the Bond Resolution, or this Trust Indenture= provided that no right of action shall exist subsequent to the tim3 of waiver of an Event of Default in the payment of any su.-h amount so due and such Event of Default having been re,tiedied and made good, as provided in Article 5(g). (b) Control by, Trustee. Except as otherwise provided in this Article, the rig is of action with respect to this Trust Indenture shall be exercised by the Trustee and no owner of any Bond shall have any right to institute any 5 r q n r a a P V ' s ~ J 'n.°aef P ,,a a h.V r V s a p f, Tti f . rT ~ i An MF~ A ~ n Y~c rkiF : J• hY ~ n i. ~ y-,5•.~ 6 i". • Ike A• f~ suit, action or proceoding at law or equity for the appoint meat of a receiver or 'for any other remedy "hereunder or by reason hereof unless and until in addition to the fulfillment of all other conditions precedent specified in this Trust Indenture, the Trustee shall have received the written request of the owners of not less than 25% in aggregate principal amount of the Bonds then' outstanding and shall have been offered reasonable indemnity and shall have refused, or for 30 days thereafter neglected, tp. institute such suit, action, or proceeding; and it is here y declaed that the making of such request and the furnishing of sueh indemnity are in each case conditions precedent to the execution and enforcement by any owner of any Bond of the powe'es and remedies given to the Trustee hereunder and to the institution and maintenance by any owner of any Bond of any action or cause of action for the appointment of a receiver or for any other remedy hereunder; but the Trustee may, in its discretion, or when duly requested in writing by the owners of at least 25% in aggregate principal amount of the Bonds then outstanding and upon being furnished indemnity satisfactory to the Trustee against expenses, charges, and liability shall, forthwith take such appropriate action by judicial proceedings or otherwise to enforce the covenants of the User, the Guarantor, and the Issuer as :..a Trustee may deem expedient in the interest of the owners of the Bonds. (c) Events of Default. Any one or more of the follow- ing events shall constitute and hereinafter shall be called an "Event of Default"s (1) the failure by the Issuer to make due and punctual payment of principal of, redemption premium, if any, and interest on the Bonds, whether payment is required at maturity or by call for redemption or otherwise; provided, however, that if such failure shall arise other than by reason of a default by the User under the Bond Resolution and the Agreement, the continuation of such failure for two days. (2) the failure of the User or the Guarantors to make or pay, or cause to be made or paid, any Installment Loan Payment, or any part thereof, when and to the extent due and required by the Agreement or the Bond Resolution. (3) the dissolution or liquidation of the User in any manner not specifically authorized by the Agree- ment, or the filing by the User or any Guarantor of a voluntary petition in bankruptcy or failure by the User or any Guarantor promptly to lift or suspend any execution, garnishment, or attachment of such 6 f 'j •a y A ,H ,e< p' "~l.,,~ x,n ` 'I f i'. tee, n. y iS YEI~' 'i L. ~Hd, {'~yv 5 ,a, p~ aa rt i 1 i consequence as will materially impair its ability to carry out its obligations `under the Agreement or the Bond Resolution, or the commission by the User or any Guarantor of any act of bankruptcy, or failure of the User or any Guarantor generally to pay its debts as they become due, or entry of an order for relief of the User or any Guarantor in a bankruptcy case of the User or any Guarantor or assignment by the Uzer or any Guarantor of a substantial portion of its assets for the benefit of its creditors, or the entry by the User or any Guarantor into an agreement of composition with its creditors, or the entry of an order or decree applicable to the User or any Guarantor in any proceeding for its reorganization or arrangement in any proceedings instituted under the provisions of any applicable federal or state bankruptcy statutes, including the federa`. Bankruptcy Code, as they now exist or are hereafter amended or enacted. (q) the User or any Guarantor defaultin in the observance or performance of any other of its covenants, conditions, or obligations in the Bonds, the Agreement, the Bond Resolution, or this Trust indenture, and the User or such Guarantor not remedying such default within 60 days after written notice to do so has been received by the User and such Guarantor from the Trustee or the owners of the Bonder and the Trustee may serve such notice, in its discretion, or shall serve such notice at the written request of the owners of not less than 25% in aggregate principal amount of the Bonds then outstanding. {5} the failure by the User to observe or perform any covenant or condition specified in the Deed of Trust. (d) Declaration of Principal and Interest Due. Upon the happen ng o an vent o e au the rustee may, in its discretion, or upon the written request of the owners of at least 25% in aggregate principal amount of the Bonds then outstanding, and upon being indemnified to the satisfaction of the Trustee, shall, declare the principal of all Bonds then outstanding and the interest accrued thereon immediately due and payable, and such principal and interest, together with any applicable agreed liquidated damages, and any applicable redemption premium, and any other anounts then due, shall thereupon become and be immediately due and payable, anything in the Bonds, the Agreement, the Bond Resolution, or this Trust Indenture to the contrary notwithstanding, 7 6 r ? 4 ~K a r. ~ + ,i , ~ 7fi ,.'r, ~ r W'" n t E,. Y ✓ C 1 4 A"r f~ v',, A s. C'.. (e) Enforcement by Trustee. Upon the happening of an Event of Defau tt, the Trustee may, in itb discretion, or upon the written request'of the owngra of at least 25% in aggregate principal amount of the Bonds then outstanding, and upon being indemnified to the satisfaction of the Trustee, shall, take such appropriate action by judicial proceedings or otherwise to cure the Event of Default and/or to require the User and/or the Guarantors, or the issuer to carry out its or their covenants and obligations under and with respect to the Bonds, the Agreement, the Bond Resolution, or this Trust indenture, including without limitation, the use and filing of actions for specific performance, and mandamus proceedings, in any court of competent jurisdiction, against the Issuer, its Board o Directors, and its officers, employees, and/or agents, and to obtain judgments against the User and/or the Guarantors for any Installment Loan Payments due but unpaid into the Debt Service Fund, or for any other amounts due hereunder, under the Bond Resolution, or under the Agreement, including all amounts due with respect to the Bonds then outstanding if declared due and payable as provided herein, (f) Remedies Non-Exclusive. No remedy herein conferred upon or reserved to the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative end shall be in addition to every other remedy given hereunder or under the Agreement, the Bonds or the Bond Resolution, or now and hereafter existing at law or in equity or by statute, No delay or omission to exercise any right or power accruing upon the happening of an Event of Default continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or acquiescence thi rein, and every such right and power may be exercised from time to time and so often as may be deemed expedient. (g) Waiver of Defaults. The Trustee may, and upon the written request of the owners of a majority in aggregate principal amount of the Bondp then outstanding shall, waive any Event of Default hereunder and its cons9quences, except that an Event of Default is, the payment of Installment Loan Payments, or in the payment of any amounts with respect to the Bonds when and as the same shall become due and payable, may be waived only if, the Event of Default therein shall have been remedied and made g,)od. In case of any such waiver, the Issuer, the User, the Guarantors, the Trustee, and the owners o: the Bonds shall be restored to their former position and rights hereunder respectively, but such waiver shall not extend to any subsequent or other Event of Default or impair any right consequent thereon. 8 bt4'rw~, Kati x5# d.~ tq;< , an N .,,r4 '~t+ xan?' p n t + t 11> 175 + (h) Discretion of Trustee.' In the event the Trustee shall receive conflicting or inconsistent requests and indemnity from two or more groups of owners of Bonds, each representing less than a majority of the aggregate principal amount of Bonds then outstanding, the Trustee in its sole discretion may determine what action, if any, shall be taken, notwithstanding any other provisions of this Trust Indenture. (i) Application of Moneys. All money collected by the Trustee pursuant to the exercise of the remedies and powers provided in this Article, together with all other sums which then may be held by the Trustee under any provision of this Trust Indenture or the Deed of Trust as security for the Bonds, shall be applied as follows: FIRST: to the payment of the costs and expenses of the proceedings whereunder such money was collected, including a reasonable compensation to the-Trustee, its agents, attorneys, and all other necessary or proper expenses, liabilities, and advances incured or made by the Trustee under this Trust Indentuts, and to the payment of all taxes, assessments, and liens superior to the lien of this Trust Indenture. SECOND: to the payment of matured interest on the Bonds, including, to the extent legally permissible, interest thereon at the rate of 12% per annum from due da~e to date of payment. THIRD: to the payment of principal of, redemption premium, if any, and agreed liquidated damages, if any, on the Bonds which have been called fo14 redemption as permitted or required by the Bond Resolution or have matured as provided thereby, and interest thereon, to the extent legally permissible, at the rate of 12% per annum from the date of redemption or maturity to date of payment. FOURTH, to the payment of principal of the Bonds which have become due by virtue of the declaration of the Trustee pursuant to Article 5(d), and interest thereon, to the extent legally permissible, at the rate of 12,% per annum from the date declared due to date of payment. FIFTH: to the payment of the surplus, if any, to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct, 9 it Y, J' t t ry 9j s' < "n V yf r R S V i!~ T @ 17 A f ' r 4 F y,N r` 11. n4 ' ,r ~ } xY 4 1. e If in making distribution pursuant to the order above stated, the amount available for distribution in a particular classification shall be insufficient to pay in full all of the items in such classification,, the amount available for distribution to items in such classification shall be prorated among such items in the proportion that the amount each item bears to the total of all such items. Notwithstanding anything contained in this Trust Indenture to the contrary, if the Trustee shall declare the principal of all Bonds then outstanding and the interest accrued thereon immediately due and payable as the result of an Event of Default, or if the Bonds are to be redeemed as a whole pursuant to mandatory redemption provisions provided in the Bond Resolution, or if the User shall exercise, any option to redeem the Bonds as a whole' In accordance with their terms, any amounts remaining ir the Construction Fund shall be deposited in the Debt Service Fund and applied by the Trustee as provided in this subsection (i). (j) Judicial Proceedings. In any Judicial proceeding in which the issuer is a party and which, in the opinion of the Trustee and its counsel, has a substantial bearing on the interests of the owners of the Bonds, the Trustee, if permitted by the court having jurisdiction over such pro- ceeding, may, in its discretion, or upon the written request of the owners of at least 25% in aggregate principal amount of the Bonds then outstanding, and upon being indomnified to the satisfaction of the Tritstee, shall, intervene on behalf of the owners of the Bonde to assert the rights of such owners. (k) Enforcement of Remedies Without Possession of Bonds. Al rights of action or other rights under this Trust Indenture or otherwise may be brought by the Trustee in its own name as Trustee of an express trust and may be enforced by the Trustee without the possession of any of the Bonds, or the production thereof on the trial or other proceedings relative thereto. (1) Direction by Majority in Principal Amountof Bondholders. It is expressly provided, however, that the owners of a majority in aggregate principal amount of the BondR then outstanding, or a committee representing, pureuant to a written appointment filed with the Trustee, the owners of a majority in aggregate principal amount of the Bonds then outstanding, shall have the right, at any time, by xn instrument or instruments in writing executed and delivered to the Trustee, to direct the mothod and place of conducting all proceedings to be taken in connection with the enforcement of the Trustee's rights and remedies under the Agreement or the rights of the owners of the Bonds or the Trustee's rights and remedies under the Bond Resolution 10 i .Y nx 1 ip. X3,011 t 1, M Tb ~it ~ / r4,. ,rte .1 _41 J~~ v T Inc 41;9 f~ FY'1~,~TA,°F~.w. 1 _ 1 1A'~ G ~ } 4 1. E k, f 1~1, . and this Tr1st.Indenture, and may exercise any right or perform any action hereunder, with the same effect as the Trustee under this Trust Indenture, provided, that such direction shall not be otherwise than in accordance with the provisions of law and of this Trust Indenture, and provided that the Trustee shall be indemnified to its satisfaction. (m) Notice By, Trustee. The Trustee shall not be re- quired to take notice nor be deemed te) have notice of any ; default specified in this Trust Indenture, except for those Events of Default specified in Article 5(c)(1) ar.d 5(c)(2), unless specifically notified in writing of such default by the owners of at least 25% in aggregate principal amount of the Bonds then outstanding. i (n) Concurrence of Bondholders. In determining whether the owners of a requisite aggregate principal amount of Bonds outstanding have concurred in any request, demand, authorization, direction, notice, consent, or waiver under this Trust indenture or the Bond Resolution, Bonds owned by or for the account of the User or any person controlled by, controlling, or under common control of the User and/or the Guarantors, shall be disregarded and deemed not to be ;I outstanding for the purpose of any such determination; provided however, that for the purpose of determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, or waiver, only Bonds of which the Trustee has actual knowledge of such ownership shall be so disregarded. (o) Default of Payments. In the event of a default in the payment of any Installment Loan Payment, or in the per- formance of any agreement or covenant contained in the Bonds, the Agreement, the Bond Resolution, or this Trust Indenture, such payment and performance may be enforced by the Trustee by mandamus, specific performance, or by the appointment of a receiver (in equity withiower to charge and collect Installment Loan Payments) in accordance with the Agreement, the Bond Resolution and this Trust Indenture. (p) Notice to User of Past Due Tayments. Pursuant to the Agreement, Installment Loan Payments are to be paid by the User and/or the Guarantors directll+ to the Trustee. In the event that any such payments are not timely made, the Trustee shall immediately notify the User and the Guarantors by wire at the address provided in the Agreement or by telephonic notice with confirmation of such notice by wire, that payment has not been made. Such notice shall be deemed given at the time the wire is received or telephonic notice is given, whichever is earlier. Failure of the Trustee to give, or the User or the Guarantors to receive, such notice { shall not relieve the User or the Guarantors of any covenant 1 11 ,+,?g ~4.1•;i , {..~~~~x i~ 7 ~ R ?2 F wr 7 ~ e ..i 5_` r`, 7 f J. rc v 1:•. +k,~ 4 ,.t . n~) v or obligation under tAe Agreement, the Bond Resolution or this Trust Indenture and shall' not constitute a waiver of any Event of Default under this Trust Indenture. Article 6. CONCERNING THE TRUSTEE. The Trustee accepts the trust imposed upon it by this Trust Indenture, but only upon and subject to the following express terms and conditions: (a) Not Accountable for Bond Proceeds. In no event shall the Trustee be liable except for its negligence or willful misconduct in relation to its duties under this Trust Indenture and the Bond Resolution. The Trustee shall not be responsible for any recitals herein, in the Bonds, the Bond Resolution, the Agreement, or for the sufficiency of the security for the Bonds, The Trustee shall have no responsibility hereunder except to the extent of the duties placed upon the Trustee to hold, administer, deposit, secure, invest, and use the Debt Service Fund and the Construction Fund as expressly required by the Bond Resolution, to the extent funds for such purposes are received by the Trustee, and to perform the other express covenants snd agreements made by the Trustee under the provisions of this Trust Indenture and the Bond Resolution. The Trustee acknowledg,ve that under the Initial Bond Resolution it has the duty not to disburse to the User from the Construc`;.ion Fund an amount in excess of $-0- for costs of the Project relating to the acquisition of land. (b) Rel!ance by Trustee. The Trustee may rely and shall be prot•4cted in acting or refraining from acting in accordance with the provisions of this Trust Indenture and the Bond Resolution upon any notice, requisition, request, consent, certificate, order, affidavit, letter, telegram, or other paper or document believed by it to be genuine and correct and to have been signed or sent by the proper person or persons, and the Trustee shall not be bound to recognize any person as an owner of Bonds or to take any actior at his request, unless the Bond or Bonds owned such owner of Bonds shall be registered in the name of such owner on the Bond Registration Books kept by the Trustee. Any action taken by the Trustee pursuant to this Trust Indenture upon the request or authority or consent of any person who, at the time of making such request, or diving such authority or consent, is the owner of any Bond secured hereby, shall be conclusive and binding upon all future owners of the same Bond and of Bonds issued in exchange therefor or in place thereof. (c) Compensation of Trustee from Debt Service Fund. There shall be paid from the Debt Service Fund tha Trusts n reasonable compensation, and its reasonable expenses, 12 v ..>,A t ? rZ rl. x f ,.4 A 1 j'.r ♦ r.'~K.is' fe t4g 1 q1 4 ~r ;awe 2 f 71 a advances# and counsel fees, and its liabilitiet'incurred . in and about the execution of the trusts hereby created and the exercise and performance of the powers and duties of the Trustee hereunder (except liabilities incurred as a result of the negligence or willful misconduct of the Trustee, or as provided in the Bond Resolution), and the reasonable cost and expenses, including counsel fees, of defending against liabilities. (d) Limited Responsibilities. The responsibilities of the Trustee elsewhere set forth herein shall be further limited as follows: FIRST: the Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with a direction of the owners of Ronds pVreuant to any provision of this Trust Indenture re:;:.,ng to the time, method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee, under this Trust Indenture. SEC:ND: no provision of this Trust Indenture shall require the Trustee (1) to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it, nor (2) to take any action, whether or not directed to take such action by the owners of Bonds, pursuant to this Trust Indenture, which in the judgment of the Trustee would conflict with any rule of law, or with the terms of this Trust indenture, or would be unjustly prejudicial to the owners of Bonds not taking part in such direction. When acting pursuant to the direction of any owners of Bonds pursuant to this Trust Indenture, the Trustee may take other action deemed proper by the Trustee which is not inconsistent with such direction; provided, however, that the terme of this subparagraph SECOND shall not impo..e any additional duties or responsibilities upon the Trustee and shall not be construed to limit the effect of subparagraph FIRST of this paragraph (d). (e) Advice. The Trustee may act upon the professional opinion or advice of any legal counsel, engineer, accountant, or other expert, reasonably believed by the Trustee to be qualified in relation to the subject matter, otherwise, whether and thereTruste8 by shathe ll T note be or responsible for anything and 13 Nr a ~M1~r 1 h .1 J„ 1.. k `a F- v. F e hxx' r:iyi P A. k^..*,~* r '~cr Y 1~.~. r h x p_' xc y ru? °u^e y, e - 'i! 3 suffered or done or not done by it in good faith 'in. accordance with any such opinion or advice. (f) Trustee May Own Bonds. Except as prohibited by law, the Trustee may become the owner of any of the Bonds secured by this Trust Indenture with the same rights which it would have if it were not the Trustee; and nothing herein contained shall be construed to prohibit the Trustee, either as principal or agent, from engaging in or being interested in any financial or other transaction with the issuer or the User or from acting as depository, trustee, or agent far any committee or body of owners of the Bonds or of other obliga- tions of the Issuer as freely as if it were not the Trustee. (g) Fees. The Issuer has agreed with the User in the Agreement and the Bond Resolution provides that, as part of the Installment Loan Payments the User shall pay to the Trustee its charges for performing the duties of Trustee, Registrar, and Paying Agent for the Bonds. It is agreed by the Trustee that the User may, without causing or creating a default or Event of Default hereunder, contest in good faith (and withhold payment of the contested amount until such contest is resolved) the reasonableness of any of the fore- going charges for services. All payments due the Trustee for such charges, fees, or expenses shall be paid by the User and no such charges, fees, or expenses shall be charged against or be payable by the Issuer, except the initial fees and expenses of the Trustee which are paid as part of the costs of issuance of the Bonds. Article 7. SUCCESSOR TRUSTEE. (a) Resignation of Trustee. The Trustee at the time acting hereunder may at any time resign and be disch',urged from all trusts created by this Trust Indenture by giving n;,t less than 60 days written notice to the Issuer, the User, the Guarantors, and to any owners of Bonds as shown on the Bond Registration Books, and such resignation shall take effect upon the appointment of a successor Trustee by the owners of Bonds or by the Issuer as hereinafter provided. (b) Removal of Trustee. The Trustee may be discharged and removed at any time by an instrument or concurrent instruments in writing, delivered to the Trustee and to the Issuer, and signed by the owners of a majority in aggregate principal amount of the then outstanding Bonds. (c) AMgintment of Successor Trustee. In case the Trustee hereunder shall resign or be removed, or be dissolved, or shall be in course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Trustee shall be taken under the control of any public officer or officers, or of a receiver 14 e Y v`Y 1 r'~ 'n n Ro .fl ~.~yJY b 1SY } r. , I Y: appointed by a court, a successor may be appointed by the owners of a majority in aggregate principal amount of the then outstanding Bonds by an instrument or concurrent instruments in writing, signed by such owners of Bonds, or by their attorneys in fact duly authorized in writing, and delivered to the issuer; provided, nevertheless, that in any such event the Issuer by an instrument executed by authority of a resolution of its Board of Directozs and signed by the President and by the Secretary of such Board, may appoint a temporary Trustee to fill such vacancy until a successor Trustee shell be appointed by the owners of Bonds in the manner above provided, and any such temporary Trustee so appointed by the Issuer shall immediately and without further act be superseded by the Trustee so appointed by such owners of Bonds. Every such successor or temporary Trustee shall be a trust company or bank iu good standing located in the state of Texas, and having a capital and surplus of not less than Twenty-five Million Dollars ($25,000,000), if there be such a trust company or bank willino, qualified, and able to accept the trust upon reasonable and customary terms. In the event that no appointment of a temporary or successor Trustee shall be made pursuant to the foregoing provisions of this Article within 60 days after the Trustee gives written notice of resignation or the Trustee is removed, any owner of Bonds or any retiring Trustee may apply to any court of competent jurisdiction for the appointment of a successor Trustee, and such court may thereupon, after such notices, if any, as it shall deem proper, prescribe or appoint a successor Trustee. (d) Transfer to Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge, and deliver to its predecessor, the Issuer, the User, and the Guarantor an instrument in writing accepting such appointment hereunder, and thereupon such successor Trustee, without any further act, deed, or conveyance, shall become fully vested with all the estates, rights, powers, trusts, duties, and obligations hereunder of its predecessor; but such predecessor shall nevertheless, on the written request of the Issuer, execute and deliver an instrument transferring to such successor Trustee all of the estates, rights, powers, and trusts of such predecessor hereunder; and every predecessor Trustee shall deliver all securities and money held by it to its successors provided, however, that before any such delivery is required or made, all reasonable, customary, and legally accrued fees, advances, and expenses of such predecessor Trustee shall be paid in full. Should any deed, assignment, or instrument in writing { from the Issuer be required by any successor Trustee for more fully and certainly vesting in such. Trustee the estates, rights, powers, and duties hereby vested or intended to be vested in the predecessor Trustee, any and I is l i all such deeds, assignments, and instruments in writing shall, on request, be executed, acknowledged, and delivered by the Issuer. (e) Merger or Co,solidation of Trustee. Any corpora- tion or association in o which the Trustee, or any successor to it in the trusts created by this Trust Indenture, may be merged or converted or with which it or any successor to it may be consolidated, or any corporation or association resulting from any merger, conversion, or consolidation to which the Trustee or any successor to it shall be a party, shall be the successor Trustee under this Trust Indenture without the necessity of the execution or •:iling of any paper or any other act on the part of any of the parties hereto anything herein to the contrary notwithstanding. Article 8. RELEASE OF INDENTURE AND SATISFACTION OF INDEBTEDNESS. If. when the Bonds shall have become due and payable in accordance with their terms or otherwise as provided in this Trust Indenture or shall have been duly called for redemption, and the whole amount of the principal, redemption premium, if any, and the interest so due and payable upon all of the Bonds, and the agreed liquidated damages, if any, with respect to the Bonds then due, shall be paid, or sufficient money shall be held by the Trustee for such purpose, and provision shall also be made for paying all other sums payable hereunder and/or under the Agreement and/or the Bond Resolution by the User, then and in that case all right, title, and interest of the Trustee in these presents and the estate and rights hereby granted shall thereupon cease, determine, and become void, and the Trustee in such case shall release this Trust Indenture and shall execute such documents to evidence such release as may be reasonably required by the Issuer, the User, and the Guarantors, and shall turn over any surplus funds held by it to whomsoever may then be entitled pursuant to the Bond Resolution, the Agreement, or by law to receive the same; and thereupon this Trust Indenture shall terminate and be of no effect; provided, that until the Bonds are finally paid, the Trustee shall continue to act as Paying Agent and Regis- trar for the Bonds. Article 9. AMENDMENTS. This Trust indenture may be amended only as provided in the Bond Resolution= provided, however, that Additional Bonds may be issued pursuant to the Bond Resolution as provided therein, and may be secured by this Trust Indenture without the necessity of amending or supplementing this Trust Indenture. Article 10. MISCELLANEOUS PROVISIONS. (a) Acknowledgments And Ownership of Bonds. Any request, direction, consent, or other instrument required by this 16 z" b-. a 1' y d Trust Indenture to be signed or executed by owners of Bonds may be in any number of concurrent writings of similar tenor and may be signed or executed by such owners of Bonds in person or by an agent appointf,%4 in writing. Proof of the execution of any instrument, or of the writing appointing such agent, and of the ownership of the Bonds, if made in the following manner, shall be sufficient for any purpose of this Trust Indenture and shall be conclusive in favor of the Trustee with regard to any action taken by it under such instrument: (i) the fact, date, and due authorization of the execution by any person of any such instrument may be proved by the certificate of any officer in any juris- diction, who, by the laws thereof, has powar to take acknowleegments within such jurisdiction to the effect that the person signing such instrument acknowledged before him the execution thereof, or by an affidavit of a witness to such execution. (ii) the fact of the owning of the Bonds by any ownor thereof, the amount and numbers of such Bonds, and the date of his owning same may be proved by the appro riate entries in the Bond Registration Books maineained by the Trustee as Registrar. The Trustee may conclusively assume that such ownership continued until ownershi,. of the Bonds is transferred on the Bond Registration Looks by the Trustee. (b) Trustee May Require Proof of Ov- '%ahip. Nothing contained in this Article shall be construed as limiting the Trustee to the proof hereinabove specified, it being intended that the Trustee may accept any other or additional evidence of the matters herein stated which it may deem sufficient. (c) Consent of Bondholders. Unless otherwise provided in the Bond Resolution; any request or consent of any owner of Bonds shall bind every future owner of the same Bond in respect of anything done by the Trustee in pursuance of such request or consent. In the event of the dissolution of the Issuer, all of tho covenants, stipulations, promises, and agreements in this Trust Indenture contained by, on behalf of, or for the benefit of the Issuer, shall bind or inure to tha benefit of the successor or successors of the Issuer from time to time and a»y officer, board, or commission to whom or to which any power or duty affecting such covenants, stipulations, promisee, and agreements shall be transferred by c-r in accordance with .law. (d) Survival of Valid Bonds. If any Bond shall not be procented or payment when t e principal thereof becomes 17 ' due, either at maturity or at the date fixed for redemption thereof or otherwise, all liability of the Issuer and the User to the owner thereof and to the Trustee for the payment of such Bond shall forthwith cease, determine, and be complstely discharged whenever funds sufficient to pay such Bond shall be paid to the Trustee by the User, and such funds shall be segregated by the Trustee and held in trust for the benefit of the owner of such Bond who shall thereafter be restricted exclusively to such funds for the satisfaction of any claim of whatever nature on his p/axt relating to such Bond. (e) Unclaimed Funds. Any money deposited with the Trustee in trust for the payment of the principal of, redemption premium, if any, agreed liquidated damages, if any, or interest on any Bond and remaining unclaimed for six years after such principal of, redemption premium, if any, agreed liquidated damages, if any, or interest on such Bond has become due and payable shall be paid to the User= provided, however, that before the Trustee shall be required to make any such repayment, the Trustee may at the expense of the User cause to be }published at least once, in a financial newspaper, journal, or publication of general circulation in The City of New York, New York, or in the State of Texas, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be lase than 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the User. After the payment of such unclaimed moneys to the User, tl-n owner of such Bond shall thereafter look only to the User for the payment thereof, and all liability of the Trustee with respect to such money shall thereupon cease. (f) Rights of Parties. Except as herein otherwise expressly provided, nothing in this Trust indenture expressed or implied is intended or shall be construed to confer upon any person, firm, or corporation other than the User, the Guarantors, the Issuer, the Trustee, and the owners of Bonds, any right, remedy, or claim, legal or equitable, under or by reason of this Trust Indenture or any covenant, condition, or stipulation contained herein. (g) Severability, In case any one or more of the provisions of this Trust Indenture or of the Bonds, shall be held to be invalid or ineffective as to any person or circumstance, the remainder thereof and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. l8 S (h) Law. The validity, interpretation, and performance of this Trust Indenture shall be governed by the laws of the State of Texas. Article 11. RECORDIr;0. (a) Trustee to Record. The Issuer shall cause the A9yeement and G is Trust Indenture to be filed in such manner and in such places as arp root required by law to establish initially the lien of this Tru3t Indenture, and the priority thereof. The Trustee shall (1) cause each memorandum, financing statement, or continuation statement with respect to the Agreement -and this Trust Indenture to be filed, registered, and recorded and to be ref,'led, reregistered, and rerecorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien of this Trust Indenture and to publish notice of and to protect the rights and security of the owners of the Bonds and the rights of the Trustee under the kgreement, the Bond Resolution, and this Trust Indenture and (2) perform or cause to be performed from time to time any other act as required by law, and execute and file or cause to be executed and filed any and all instruments of further assurance, that may be necessary for such publication and protection. The Issuer shall, when so requested by the Trustee, execute all such instruments, memoranda, or statements necessary to maintain, protect, or preserve the interests assigned to the Trustee under this Trust Indenture. (b) Non-Encumbrance. This Trust Indenture is, and always will be kept, a direct lien and security interest upon the Installment Loan Payments, the Debt Service Fund, and the Construction Fund, and the Issuer will not create or suffor to be created any lien prior to or on a parity with the lien of this Trust Indenture or any part thereof. Article 12. NOTICE TO COMMISSION. If the User fails to timely make or ps.y any Installment Loan Payment, or upon rece:.ving notice that a Final Determination of Taxability has occurred, or if the Trustee is notified by the Internal Reve„ue Service that the interest on the Bonds is, or may be, subject to federal income taxation, the Trustee promptly shall inform the Commission of such an occurrence, by sending written notice to the following addresst -as Economic Development Commission Attentions Executive Director 410 East Fifth Street 12728, Capitol Station Austin, Texas 78711 19 .74 or the latest address specified by said Commission in writing. IN WITNEOS WHEREOF, the Issuer acting through its Board of Directors, ,`gas caused this Trust Indenture to be executed in multiple c6unterparts, each of which shall be considered an original for all purposes, in its name, and for and on its behalf, by the President of such Board and attested by the Secretary of such Board, and its corporate seal to be hereto m.'.fixed;` and the Trustee, to evidence its acceptance of the trusts hereby created,and vested in it, has caused this trust Indenture to be executed in multiple counterparts, each of which shall be considered an original for all purposes, in its behalf by one of its duly authorized officers, attested by one of its duly authorized officers, and its corporate seal to be hereunto affixed, all as of the date first above written. CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY By President, Board of Directors ATTESTi Secretary, Board of Directors (SEAL) FIRST STATE BANK OF DENTON, TRUSTEE By Title _ ATTEST: Title (SEAL) 20 i y. uC ri a 1\ LOAN AGREEMENT BETWEEN CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY AND MARTINO REALTY COMPANY The City of Denton Industrial Development Authority has granted a security interest in and assigned to First State Bank of Denton, as Trustee under the Trust Indenture dated as of the date hereof, all of its interests in all "Installment Loan Payments" due pursuant to and under this Loan Agreement (and in the "Loan Payment Guarantee" under the "Guarantee Agreement" attached hereto and made a part hereof for all purposes) to secure its Revenue Bond, Series 1985 (Martine Realty Compr.ny Project). DEBTOR: Martino Realty Company P. O. Box 2306 Denton, Texas 76201 SECURED PARTY: City of Denton Industrial Development Authority City of Denton Municipal Building, 215 East McKinney Denton, Texas 76201 ASSIGNEEi First State Bank of Denton 101 South Locust Denton, Texas 76201 TABLE OF CONTENTS (The Table of Contents is not a part of the Loan Agree- ment but is for convenience of reference only.) PAGE Parties ARTICLE DEFINITIONS; GENERAL RECITALS, FINDINGS, AND R. ZESENTATIONS Section 1.01. Definitions Section 1.02. General Recital, Findings, and Representations ARTICLE II THE PROJECT Section 2.01. Approvals and Permits Section 2.02. Acquisition and Construction ARTICLE III FINANCING THE PROJECT; TITLE AND OPERATION Section 3.01. The Loan Section 3.02. Security for the Loan Section 3.03. Repayment of Loan Section 3.04. Title Section 3.05. Operation Section 3.06. Indemnities Section 3.07. Issuer's Limited Liability ARTICLE IV THE BONDS Section 4.01. Issuance of Bonds Section 4.02. Refunding of Bonds i b FACE Section 4.03. Redemption of Bonds Section 4.04. Installment Loan Payments Section 4.05. No Arbitrage Section 4.06. Tax-Exempt Status of Interest on the Bonds and Mandatory Redemption Section 4.07. Payments to Issuer ARTICLE V COVENANTS AND REMEDIES Section 5.01. covenant Section 5.02. Trustee and Remedies Section 5.03. General Provisions Section 5.04. Amendment of Agreement ARTICLE VI SPECIAL COVENANTS Section 6.01. Partnership Existence Section 6.02. Assignment Section 6.03, Financial Reports Section 6.04. Term of Agreement Section 6.05. Termination Section 6.06. Notices Section 6.07. Severability Execution by the Issuer Execution by the User Exhibit A A-1 . e ^ P „r • v r r ..r. t • ;:,a :r'.s z: 4 tiA .:r'1 a,: "4" T~o r LOAN AGREEMENT This Loan Agreement dated as of September 1, 1985, between City of Denton Industrial Development Authority and Martino Realty Company WITNESSETH: ARTICLE I DEFINITIONS; GENERAL RECITALS, FINDINGS, AND REPRESENTATIONS Section 1.01. DEFINITIONS. In addition to all other words and terms defined herein, and unless a different meaning or intent clear:.y appear, from the context, the following words and termr, shall have the following meanings, respectively, wherovar they are used herein: Act - The Development Corporation. Act of 1979, as amended (Article 5190.6, V.A.T.C.S.). Agreement - This Loan Agreement, together with Exhibit A attached to this Loan Agreement, and all amendments and supplements to this Loan Agreement. Approv!ng Officer - Any general partner of the User. Article - Any subdivision of this Agreement designated with a roman numeral. Board or Board of Directors - The lawfully qualified board of directors of the Issuer. Bondholder - The owner of any Bond as shown on the Bond Registration Books kept by the Trustee. Bond Counsel - An attorney or firm of attirneys experi- enced in matters relating to municipal bond law and the tax exemption of interest on bonds of stRtes and their political subdivisions, selected by the Issuer and satisfactory to the Trustee and the User. Bond Resolution - The Initial Bond Resolution and each resolution of the Board of Directors authorizing the issuance of Bonds (including the Trust Indenture prescribed ar..i authorized to be executed in the Initial Bond Resolu- tion) together with any supplemental resolutions or amend- ments to such resolutions or such Trust Indenture. Bonds ■ Any and all revenue bonds of the Io2 ter issued and delivered to finance an3 pay for all or any part of the Cost of the project pursuant to the Act and this Agreement, including initial series or issues of revenu6 bonds and M1 revenue bonds issued to finance and pay for all or any part of the Cost of completing the Project, and any revenue bonds issued for the purpose of refunding or replacing any Bonds. Code - The Internal Revenue Code of 1954, as amended. Commission - The Taxes Economic Development Commission, and its successors and assigns. Constructim" Fund - The segregated account or accounts into which certain proceeds from the sale and delivery of each series of Bonds will be deposited as provided in each Bond Resolution (excepting any Bond Resolution authorizing revenue bonds to refund any Bonds). Cost - With respect to the Project, the cost of acquisition, construction, reconstruction, improvement, and expansion of the Project as provided in the Act, including, without limitation, the cost of the acquisition of all land, rights-of-way, property rights, easements, and interests, the cost of all machinery and equipment, financing charges, interest during construction, necessary reserve funds, cost of estimates and of engineering and legal services, plans, specifications, surveys, estimates of cost and of revenue, other expenses necessary or incident to determining the feasibility and practicability of acquiring, constructing, reconstructing, improving, and expanding any such Project, administrative expense, and such other expense as may be necessary or incident to the acquisition, construction, reconstruction, improvement, and expansion thereof, the placing of the same in operation, and the financing of the Project. Debt Service Fund - Thi segregated account or accounts in which Installment Loan Payments will be deposited as pro- vided in each Bond Resolution. Deed of Trust - The Deed of Trust and Security Agreement, dated as of September 1, 1985, from the User to the trustee named therein. Governmental Unit The City of Denton, a political subdivision of the State of Texas. Guarantee - The Guarantee Agreement dated as of September 1, 1985, between the Issuer and the Guarantor. Guarantor - Frank N. Martino, James B. Martino, David C. Martino, Frank N. Martino, Jr. and Richard D. Martino, individuals domiciled in the State of Texas, and their permitted successors and assigns, i Inducamernt Date • April 2, 1985. 2 mss'.` ''k Initial Bond Resolution - The Bond Resolution adopted by the Board of Directors, authorising the issuance and delivery of City of Denton Industrial Development Authority Revenue Bond, Series 1985 ( Martino Realty Company Project) in the aggregate principal amount of $2,500,000. I Issuer; - City of Denton Industrial Development Authority. Installment Loan Payments - Payments required to be made by the User to amortize each series or issue of Bonds, as provided for in the applicable Bond Resolution, including tre principal of, redemption premiLan, if any, and intek,a%%t on such Bonds when due (whether tit stated maturity, upon redemption prior to stated maturity, or upon accblaration of stated maturity), any agreed liquidated aamages owed by the User to the Bondholders, and all fees and expenses of the Trustee, Registrar, and any Paying Agent for such Bonds, together with any other payments required by such Bond Resolution or the Trust Indenture, other than the fees and expenses of the Issuer. Loan - The loan of the proceeds of the sale of the Bonds as described in Section 3.01. Paying Agent - The Trustee and any other paying agent for an issue or series of Bonds named in the Bond Resolution authorizing such Bonds. Project - The land, buildings, equipment, facilities, and improvements described in Exhibit A to this Agreement. Project Lscation - The City of Denton, Texas, Registrar - The registrar for the Bonds named in the Bond Resolution. Regulations - The regulations promulgated 'by the United States Treasury Department pursuant to the Code. Section - Any subdivision of this Agreement designated by arabic numerals. Trust Indenture - The trust indenture, including all supp?.ements and amendments thereto, prescribed in and executed and delivered pursuant to the Initial Bond Resolution. Trustee - The corporate trustee named under the Trust Indenture, and its successors or assigns. 3 J l~- r" User - Martino Realty Company, a gen6xal partnership organized and existing under the laws of the Stave of Texas and fully qualified to transact business in the State of Texas, and its herein permitted successors and assigns. References in the singular number in this Agreement shall be considered to include the plural, if and when appropriate. Section 1.02. GENERAL RECITALS, FINDINGS, AND REPRESENTATIONS. (a; The Issuer is a nonstock, nonprofit industrial development corporation organized and existing under the laws of the State of Texl.i, including particularly the Act. (b) The Issuer is a duly constituted authority and public instrumentality of the Governmental Unit, a political subdivision of the State of Texas, within the meaning of the Regulations and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Section 103 of the Code, and the Issuer is functioning and acting solely on behalf of the Governmental Unit. (c) The User is fully qualified to transact business in the State of Texas, and is fully authorized by law and its partnership agreement to execute this Agreement. (d) This Agreement is authorized and executed pursuant to applicable laws, including the Act. (e) The User has requested the Issuer to finance the Cost of the Project. (f) The Issuer has determined, in the public interest, that it will finance the Cost of the Project, and loan money to the User for such purpose in the manner provided in the Act and this Agreement. (g) The governing body of the Governmental Unit has approved this Agreement by written resolution as required by the Act. (h) The Issuer and the User have taken all action and have complied with all provisions of law with respect to the execution, delivery and performance of this Agreement and the due authorization of the consummation of the transac- tions contemplated hereby, and this Agreement has been duly executed anri delivered by, and conatitutge a valid and legally binding agreement of, the Issuer and the User, enforceable against the respective parties in accordance with its terms. 4 3 r of , . =r.'1 i i F 4 $ gy3 [ N R ' r (i) The execution of this Agreement and the perform- ance of the transactions contemplated hereby will not violate any law or regulation, or any Articles of Incorpora- tion, Charter, or Bylaws, or any judicial order, judgment, decree, or injunction, or contravene the provisions of or constitute a default under any agreement, indenture, bond resolution, or other instrument to which the Issuer or the User is a party. (j) The User represents to the Board and the Commission that (1) the Project will contribute to the economic growth or stability of the Governmental Unit by (aa) increasing or stabilizing employment opportunities in the Governmental Unit, (bb) significantly increasing or stabilizing the property tax base of the Governmental Unit and (cc) promoting commerce within the Governmental Unit and the State of Texas; (2) it has no present intention of using or moving any portion of the Project outside the State of Texas or disp3sing of or abandoning the Project, and (3) it has no present intention of directing the Project to s use other than the purposes represented to the Governmental Unit and the Commission. (k) The User further represents to the Board and the Commission that (1) the Project is located within or adjacent to a designated blighted area; (2) the City of Denton has approved the Project and has found that the Project will (aa) contribute significantly to the fulfill- ment of the redevelopment objectives of the city for the designated blighted area and (bb) is in furtherance of the public purposes of the Act; and (3) it will not, while the Bonds -ire outstanding, direct the Project to a use not authorized within the eligible blighted area, as defined by the Act, and the rules promulgated by the Commission ;iursuant to the Act. NOW THEREFORE, in considerutior of the covenants and agreements herein made, and subject to the conditions herein set forth, the Issuer and the User contract and agree as follows: .I 5 J r71 F x.32 v' i s ,rAj _ P T-1 i 4y 4 ..p ro ° ~ .r t F b 'T f ~s , a .1,'7u ~a t 1 t '.1t'.'~ l k ~J a^A i 7 q h'. ARTICLE II THE PROJECT Section 2.01. .'.PPROVALS AND PERMITS. The Issuer and the User agree to use their best efforts to obtain the necessary approval of this Agreement by the Commiettfon as required by the Act, prior to the issuance of the Bonds, and to obtain all other permits necessary with respect to the acquisition, construction, equipping, and furnishing of the Project. Section 2.02. ACQUISITION AND CONSTRUCTION. (a) The Project shall be acquired, constructed, equipped, and fur- nished with all reasonable dispatch, and the User will use its best efforts to cause such acquisition, construction, equipping, and furnishing to be completed as soon as practi- cable, delays incident to strikes, riots, acts of Cod, or the public enemy, or other causes beyond the reasonable control of the User only excepted; by t if for any reason there should be delays in such acc,,,aisition, construction, equipping, and furnishing there shall be no diminution in or postpo.fement of the Installment Loan Fayments to be made by the User hereunder, and no resulting liability on the part of the Issuer. (b) The User shall acquire, construct, equip, and furnish the Project or cause the Project to be acquired, constructed, equipped, and furnished and the Issuer shall have no responsibility or liability whatsoever with respect to the Project and the acquisition, construction, equipping, and furnishing thereof. It is agreed and understood that the User has entered into and executed and will enter into and execute all agreements and contracts necessary to assure and accomplish the actual acquisition, construction, equip- ping, and furnishing of the Project (and that the Issuer shall not execute any such agreements or contracts) and that the User will carry out, pay, supervise, and enforce all such agreements and contracts, and will provide for such insurance on and in connection with the acquisition, construction, equipping, and furnishing of the Project as it deeme necessary or advisable or as is required by law and this Agreement. The User shalt pay, from proceeds from the sale and delivery of the Bonds loaned to it pursuant to this Agreement, and from any available income or earnings derived therefrom, and from other funds of the User to the entent necessary, the entire Cost of the Project. The User shall promptly pay all taxes, including specifically all sales taxes and ad valorem taxes, in connection wi,ii the Project and the acquisition, construction, equipping, and furnishing thereof, The Issuer shall loan certain proceeds from the sale of the Bonds to the User to be used by the User to pay all or part of the Cost of the Project, in accordance with 6 ~'T; w r~, ut ai ~.ay ~y~ ~,7 d 7~ ;.f f'rf" r,.. bye, f~?4~Js P f IR w( '7J{ :;w1 M i' procedures to be established in any applicable Bond Resolu- tion, including provisions for reimbursing the User for paying all or any part of such Cost under the aforesaid agreements and contracts for the acquisition, construction, equipping, and furnishing of the Project prior to the User's receipt of the Loan as hereinafter provided. It is specifi- cally provided, however, that none of the proceeds from the sale of the Bonds will be used to reimburse the User for, or to pay (and the User hereby covenants and agrees not to request reimbursement of or payment for) any part of the Cost of the Project if such use or payment would result in a violation of any of the User's covenants contained in Section 4.05. Each Bond Resolution (excepting any Bond Resolution authorizing revenue bonds to refund any Bonds) shall contain appropriate provisions with respect to the Construction Fund, to be drawn on and administered as provided in such Bond Resolution. 7 y n~ c v,.'J rt r. , rL a, 7 Y p* +'tv ,y. ~ y."~ " f Q; ARTICLE III FINANCING THE PROJECT: TITLE AND OPERATION Section 3.01. THE LOAN. The Issuer shall make the Loan to the User by depositing into the Construction Fund (or such other fund as specifically provided in the Bond Resolution) the proceeds from the sale of Bonds in such amount as is provided in each Bond Resolution. The amounts so deposited shall be advanced in the manner provided in the Bond Resolutions and the User shall repay the Loan by making the Installment Loan Payments as provided in this Agreement and the Bond Resolution. Section 3.02. SECURITY FOR THE LOAN. The obligations of the User under this Agreement shall be direct general obligations of the User.. As additional security for the payment of the Installment Loan Payments and as further consideration for the Loan made hereunder, there is attached to this Agreement, and made a part hereof, the Guarantee whereunder the Guarantor has guaranteed all of the User's obligations hereunder. Prior to or simultaneously with the issuance of the Bonds, the Issuer will assign to the Trustee under the terms of the Trust Indenture all of the Issuer's rivht, title, and interest in and to the Install- ment Loan Payments and the Guarantor's guarantee thereof. In addition, it is recognized and understood that the Deed of Trust has been given by the User as additional security for the payment of Installment Loan Payments for the benefit of the owners of the Bonds. Section 3.03. REPAYMENT OF LOAN. (a) Notwithstanding any provision expressly or inferentially to tre contrary contained herein, the User unconditionally agrees that it shall make Installment Loan Payments to the 't'rustee (pur- suant to the aforesaid assignment by the Issuer) in lawful money of the United States of America, and in such amounts and at such times as shell be necessary to enable the Trustee to make full and prompt payment of the principal of, redemption premium, if any, and interest on all Bonds when due (whether at stated maturity, upon redemption prior to stated maturity, or upon acceleration of stated maturity), any agreed liquidated dama;yes owed by the User to the Bondholders, and all fees and expenses of the Trustee, the Registrar, and any Paying Agent for such Bonds, and of all other amounts required to be paid by this Agreement, each Bond Resolution and the Trust Indenture. Upon :.he issuance and delivery of Bonds to the initial purchaser thereof, and the deposit of the proceeds derived therefrom into the accounts established in the Bond Resolution, the User shall have received, and the Issuer shall have given, full and complete consideration for the User's obligation hereunder to make Installment Loan` Payments. The obligations of the 6 s :~<F f .1,.'' ~i r~ 1y."H. r k:,n .q ' `~,..p . f' IS ~P" x.~~~!~~P4li 4 i}. ~Un v ' ✓`y,~ WXIA . , Uuer to make the payments required by this Agreement shall be absolute and unconditional and shall not be subject to diminution by set-off, recoupment, counterclaim, abatement, or otherwise= and until such time as all Installment Loan Payments shall have been made or provision therefor shall have been made in accordance with each Bond Resolution and the Trust Indenture, the User: (i) will not suspend or discontinue, or permit the suspension or discontinuance of, any payments provided for in this Agreement= (ii) will perform and observe all of its other agreements contained in this Agreement; and (iii) will not terminate this Agreement. for any cause including, without limsting the generality of the foregoing, failure of the Project to comply with the plans and specifications therefor, any acts or circumstances that may constitute failure of consideration, destruction of, or damage to the Project, frustration of commercial purpose, any change in the tax or other laws or administra- tive rulings of or administrative actions by the United States; of America, or the State of Texas, or any political subdivision of either, or any failure. of the Issuer to perform and observe any agreement, whether expressed or implied, or any dutv, liability, or obligation arising out of or in connection w;:th this Agreement. Nothing contained in this Section shall be construed to release the Issuer from the performance of any of the agreements on its part contained herein; and in the event the Issuer shall fail to perform any such agreement on its part, the User may institute such action against the Issuer as the User may deem necessary to compel performance, provided that no such action shall violate the agreements on the part of the User contained in this Section or postpone or diminish the amounts required to be paid by the User pursuant to this Agreement. (b) Notwithstandii:n the foregoing, it is the intention of the parties hereto to conform strictly to the applicable usury laws of the State of Texas and the United States of America, and any provision for any payment contained herein and in such Bonds shall be held to be subject to reduction to the amount allowed under said usury laws as now or hereafter construed by the courts having jurisdiction. This provision shall be held to operate to deny the owners of the Bonds the right, in any event, to collect usury. Section 3.04. TITLE. The issuer shall have no right, title, or interest in and to the Project. Except for making the Loan to the User from the source and in the manner provided in this Agreement, the Issuer shall not be respon- sible or liable in any manner fot any claims, losses, damages, penalties, costs, taxes, o~ fines with respect to the acquisition, construction, equipping, furnishing, installation, operation, maintenance, or ownership of the Project. 9 ^ W5. 5n q:{'.. .Ib a a Section 3.05. OPERATION. The user represents and covenants that it will operate and maintain the ;Project, or cause the Project to be operated and maintained', and will pay, or cause to be paid, all costs and expenses of opera- tion and maintenance of the Project, including all applic- able taxes, and that it will keep, or cause to be kept, in force adequate insurance, including self-insurance, on the Project as is customarily carried by persons engaged in the same business and operating facilities like the Project. It is understood and agreed that the Issuer shall have no duties or responsibilities whatsoever with respect to the operation or maintenance of the Project, or the performance of the Project for its designed purposes. Section 3.06. INDEMNITIES. The User releases the Commission, its directors, employees and agents, the Issuer, its officers, directors, employees, agents, and attorneys and the Governmental Unit, its officers, agents, attorneys, employees and the members of its governing body (collec- tively the "Indemnified Parties") from, and the indemnified Parties shall not be liable for, and the User e.grees and stall protect, indem i.fy, defend, and hold the Indemnified Parties harmless from any and all liability, cost, expense, damage or lows of whasever nature (including, but not limited to, attorneys' fees, litigation and court coats, amounts paid .'.n settlement, and amounts paid to discharge judgments) directly or indirectly resulting from, arising out of, in co:inection with, or related to (i) the issuance, offering, sale, delivery or payment of the Bonds, the Bond Resolution, the Trust Indenture, and this Agreement and the obligations imposed on the Issuer hereby and thereby; or the design, construction, installation, operation, use, occupancy, maintenance, or ownership of the Project; (ii) any written statements or representations made or given by the User or any of its officers or employees, to the Indemnified Parties, the Trustee, or any underwriters or purchasers of any of the Bonds, with respect to the Issuer, the User, the Project, or the Bonds, including, but not limited to, statements or representations of facts, financial information, or corporate affairs; (iii) damage to property or any injury to or death of any person that may be occasioned by any cause whatsoever pertaining to the Project; and (iv) any lose or damage incurred by the Issuer as a result of violation by the User of the provisions of Sections 4.05 or 4.06. The provisions of the preceding sentence shall remain and be in full force and effect even if any such liability, cost, expense, damage or loss or 10 v-w~ l.r "t< 5,-v M ~,?,~t {+yp~•~'~~~'Rf~- p f ti. w'r_T'~ .1~ ~ a. , o "'FZ,^'y..~. claim therefor by any person, directly or indirectly results from, arises out of, or relates to or is asserted to have resulted from, arisen out of, or related to, in whole or in part, one or more negligent acts or omissions of the Commission, the Issuer cai• the Governmental Unit or its officers, directors, employees, agents, servants, or any other party acting for or on behalf of the Commission, the Issuer or the Governmental Unit in connection with the matters set forth in clauses (i) through (iv) of said sentence. Section 3.07. ISSUER'S LIMITED LIABILITY. It is recognized that the Issuer's only source of funds with which to carry out its commitments with respect to the Project and this Agreement will be from the proceeds from the sale of the Bonds; and it is expressly agreed that the Issuer shall have no liability, obligation, or responsibility with respect to this Agreement or the Project except to the extent of funds available from such Bond proceeds. If, for any reason, the proceeds from the sale of the Bonds are not sufficient to pay all the Cost of the Project, the User shall complete the Project and pay all such Cost from its own funds, but it shall not be entitled to reimbursement therefor unless additional Bonds are issued for such purpose, or to any diminution in or postponement of any payments required to be made by the User hereunder. ll i i d y K tt!1 .r 'VLf_vvp ,r r ARTICLE IV THE BONDS Section 4.01. ISSUANCE OF BONDS. (a) In considera. tion of the covenants and agreements set forth in this Agreement, and to enable the Issuer to issue the Bonds to carry out the intents and purposes hereof, this Agreement is executed to assure the issuance of such Bonds, and to provide for the due and punctual payment by the User to the Trustee of the Installment Loan Payments. The User shall make the Installment Loan Payments, for the benefit of each series or issue of Bonds, to the Trustee for deposit into the Debt Service Fund as provided in each Bond Resolution. (b) Simultaneously with the authorization of this Agreement by the Board of Directors, such Board has adopted the Initial Bond Resolution. The User hereby approves the Initial Bend Resolution, Including the Trust Indenture authorized therein. Each Bond Resolution authorizing addi- tional Bonds shall be subject to the written approval of the Approving Officer and the provisions cf any such Bond Resolution shall riot be binding or affective upon the User unless and until such approval is given. It is hereby agreed that the fortr:going approval of the Initial Bond Resolution and the Trust Indenture, and any approval of any Bond Resolution authorizing the issuance of additional Bonds constitutes the acknowledgment and agreement of the User that such Bonds, when issued and delivered as provided in such Bond Resolution, will be issued in accordance with and in compliance with this Agreement, notwithstanding any other provisions of this Agreement or any other contract or agreement to the contrary. Any Bondholder is entitled to rely fully and unconditionally on any approvals. Notwith- standing any provisions of this Agreement or any other contract or agreement to the contrary, the User's approval of any Bond Resolution (including the Trust Indenture authorized by the Initial Bond Resolution), shall be the User's agreement that all covenants and provisions in such Bond Resolution and the Trust Indenture affecting the U:er shall, upon the delivery of such Bonds and the Trust Indenture, become unconditional, valid, and binding covenants and obligations of the User so long as said Bonds and the interest thereon are outstanding and unpaid. Parti- cularly, the obligation of tho User to make, promptly when due, all Installment Loan Payments specified in each Bond Resolution and the Trust Indenture shall be absolute and unconditional, and said obligation may be enforced as provided in each Bond Resolution and the Trust Indenture, regardless of any other provisions of this Agreement or any other contract or agreement to the contrary. Upon the request of the User, and only upon its request, the Issuer may, when, in the opinion of the Issuer, it becomes necessary or advisable, authorize and use its best efforts 12 by <<r e 1 l•C p''3 ea 1'~~F l 't t^. v `.~.,,i >`.y y' 't. le ,f, , 'o a to sell and deliv,r additional Bonds, in one or more series or issues, in aggregate principal amounts sufficient to pay the Cost of the Project. Section 4.02. REFUNDING OF BONDS. After the issuance of any Bonds, the Issuer shall not refund any of the Bonds or change or modify the Bonds in any way, except as provided for in the Bond Resolution, without the prior written approval of the Approving Officer; nor shall the Issuer redeem any Bonds prior to their scheduled maturities, or change or modify any Bond Resolution, without the prior written approval of the Approving Officer, unless such redemption is required by a Bond Resolution. Section 4.03. REDEMPTION OF BONDS. Provision shall be made in each Bond Resolution for the redemption of Bonds prior to maturity, under such terms and conditions as shall be set forth therein. The redemption of any outstanding Bonds prior to maturity at any time shall not relieve the User of its unconditional obligation to pay each remaining Installment Loan Payment as specified in any Bond Resolution or the Trust Indenture. The User also shall comply with and be bound by all provisions of this Agreement and of each Bond Resolution and the Trust Indenture with respect to the mandatory and optional redemption of Bonds. Section 4.04. INSTALLMENT LOAN PAYMENTS. (a) Payment of all Installment Loan Payments shall be made and deposited as required by each Bond Resolution and the Trust Indenture including all such payments which may :ome due because of the acceleration of the maturity or maturities of any Bonds upon default, or otherwise, under the provisions of the Trust Indenture. If any available funds in excess of current requirements are held on deposit in the Debt Service Fund at the time payment of any Installment Loan Payment is due, such payment may be reduced vy the amount of the funds so held on deposit. The User shall have the right to prepay all or a portion of any Installment Loan Payment at any time. Any such prepayment by the User shall not relieve it of liability for each remaining Installment Loan Payment as provided in this Agreement and each Bond Resolution and the Trust Indenture. (b) Recognizing that the Installment Loan Payments will be the Issuer's sole source for the payment and perfor- mance of its obligations to the Trustee, any Paying Agent and the Bondholders under each Bond Resolution and the Trust Indenture, when any Bonds are delivered, the User shall be unconditionally obligated to make and pay, or cause to be made and paid, each Installment Load Payment regardless of whether or not the User actually acquires or completes the Project, or whether or not the User actually approves, purchases, receives, accepts, or uses the Project; and such payments shall not be subject to any abatement, set-riff, 13 VLT2 14~ 41 V f& v; V1,7 ? • 1$ , gn r ry i y~( 1- y 'r r "VIA 7777 recoupment, or counterclaim; and the Bondholders shall be entitled to rely on this agreement and representation, notwithstanding any provisions of this Agreement or any other contract or agreement to the contrary, and regardless of the validity of, or the performance of, the remainder of this Agreement or any other contract or agreement. Section 4.05. NO ARBITRAGE. The Issuer and the User hereby covenant with each other and with the Bondholders that they will make no use of the direct or indirect proceeds of the Bonds at any time which will cause the Bonds to be arbitrage bonds within the meaning of Section 103(^.) of the Code or the Regulations pertaining thereto; and by this covenant the Issuer and the User are obligated to comply with the requirements of the aforesaid Section 103(c) and the pertinent Regulations. Section 4.06. TAX-EXEMPT STATUS OF INTEREST ON THE BONDS AND MANDATORY REDEMPTION. (a) The Issuer covenants that it shall, prior to the issuance of the bonds,, duly elect to have the provisions of Section 103(b)(6)(D) of the Code apply to such issue, and such election shall be made in accordance with the applicable Regulations. The User cove- nants that it shall furnish to the Issuer whatever information is necessary for the Issuer to make any such election and the User shall file with the Internal Revenue Service a copy of such election and such supplemental statements and other information as are requited by the applicable Regulations with respect to all capital expenditures made, paid, or incurred by or on behalf of the User or any person related to the User, within the meaning of Section 103(b)(6)(C) of the Code, in the Project Location, and in any other political jurisdiction contiguous thereto with respect to any facilities contiguous to or integrated with any facilities in the Project Location, within the meaning of Sections 1.103-10(b)(2)(ii)(e) and 1.103-10(d)(2)(i) of the Regulations (collectively the "Project Area"). (b) The User hereby ce•renants that (i) substantially all the proceeds (within the meaning of Section 103(b)(6) of the Code) from the sale of the Bonds will be used end expended for amounts paid or incurred after the Inducement Date for the acquisition, construction, reconstruction, or improvement of land or property of a character subject to the allowance for depreciation under the Code, (ii) less ` than 25% of the proceeds from the sale of the Bonds will be used (directly or indirectly) for any acquisition of land (or any interest therein) which is a Cost of the Project, (iii) no portion of the proceeds of tho Bonds will be ttaed for the acquisition of any property (or any interest therein) unless the first use of such property is pursuant to such acquisition and (iv) except as otherwise set forth in a certificate or statement furnished to the Issuer and 14 its Bond Counsel prior` to the issuance of Bonder the acquisition, construction, reconstruction, or improvement of the Project did not begin before the Tnducemetit Date, nor was any work performed or any costs paid or incurred by the User or any other entity in connection with such acquisition, construction, reconstruction, or improvement before the inducement Date. (c) The User represents (i.) that all of the proceeds of the Bonds are to be used with respect to the Project, which will be located wholly within the Governmental Unit; (ii) that, except for any person related to the User within the meaning of Section 103 (b) (6) (C) of the Code and except for any person or entity which may use or lease 106 (in area or value) of the Project, the User will be the only principal user of the Project within the meaning of Section 103(b) (6) of the Code; and (iii) that, except for the Bonds, there will not be outstanding on the date of delivery of the Bonds any obligations of any state, territory, or possession of the United States, or any political subdivision of the foregoing or of the District of Columbia constituting "exempt small issues" within the meaning of Section 1.103-10 of the Regulations, the proceeds of which have been or are to be used primarily with respect to facilities ated in the Project Location, or in any contiguous political jurisdiction with respect to any contiguous or integrated facilities, and which are to be used principally by the User (including any person related to the User within the meaning of Section 103(b)(6)(C) of the Code). (d) The User further covenants and represents that there has not been made, paid, or incurred, and will not be made, paid or incurred any capital expenditures which would cause the interest on the Bonds to become subject to federal income taxes pursuant to the provisions of Section 103(b) of the Code. The User further covenants and represents that it ~ will not permit any person or entity to use or lease 106 (in value or area) or more of the Project if (i) the inclusion of the capital expenditures made paid or incurred by such person or entity or Iii) the aggregate authorized face amount of the Bonds allocated to such person or entity under Section 103(b)(15) of the Code (when increased by the outstanding aggregate face amount of all tax-exempt "industrial development bonds" (within the meaning of Section 103(b)(2) of the Code) allocated to such person or entity under Section 103(b)(15) of the code), would cause the interest on the Bonds to become subject to federal income taxes pursuant to the provisions of Section 103(b) of the Code, (e) The User further covenants that it has not taken any action or permitted any action to be taken, and that it will not take any action or permit any action to be taken, which would- result in a' Taxable Event, as hereinafter 15 4 Yew A_ i u 1 t Y+ 4 Y ;r i'. 1 1 i t S~ C r 1 ^ ' 1 1 Iti 1 a.4 1 r. 1 r ji 'I Li. d defined,'and that'the User has not failed to take and will not fail to take any action required to prevent the occurrence of such Taxable Event. (f) The User &cknowledges that the capital expenditures referred to in the preceding paragraphs include all capital expenditures within the Project Area and all capital expenditures incurred elsewhere relating to the Project, including, without limitation, research and development costs, which may, under any rule or election under the Code, be treated as a capital expenditure (whether or not such expenditure is so treatad). (g) The User further covenants that it shall furnish to tho issuer and its Bond Counsel, prior to the issuance of the Bonds, a certificate or statement of the aggregate amount of capital expenditures (other than those to be financed from the proceeds of the Bonds) mare, paid, or incurred in the Project Area or made, paid, or incurred elsewhere with respect to the Project .("Included Capital Expenditures") during the period beginning three years before the date of delivery of such issue. The User covenants that it will furnish to the Trustee (i) a copy of supplemental statements required to be filed with the Internal Revenue Service by Section 1,103-10 of the Regulatione. listing by date and amount any Included Capital Expenditures (other than those mentioned in Section 103(b)(6)(F) of the Code) during the three-year period beginning as of the date of issuance of the Bonds, including all such Included Capital Expenditures not listed on the capital expenditure certificate filed with the Internal Revenue Service prior to the issuance of the Bonds, and (ii) within 30 days after it has made, paid, or incurred the maximum amount of capital expenditures permitted under Section 103(b)(6)(D) of the Code, a statement to that effect. Such supplemental statements shall be filed with the District Director of Internal Revenue or the Director of the regional service center of the Internal Revenue Service with whom the User's federal income tax return is required to be filed on the due date prescribed for filing such return (without regard to any extensions of time). Such supplemental statement shall set forth a description of those capital expenditures which are capital expenditures under Section 103(b)(6)(D)(ii) of the Code and shall take into account facilities referred to in Section 103(b)(6)(E) of the Code in computing such capital expenditures. This covenant shall survive the termination of this Agreement. (h) As used herein, a "Taxable Event" shall mean: (i) tl.-, application of the proceeds of the Bonds in such manner that the Bonds, through the application of Section 103(c) of the Code, are treated as obligat.one which are not described in Section 103(x) 16 i x.E v of the Code, with the result that interest on the Bonds is or 'becomes includable in the gross income of any Bondholder; or (ii)` the application of the proceeds of the Bonds in such manner, or the occurrence or non-occurrence of any event, with the result that, under the Code and the Regulations, the interest on the Bonds is or becomes includable in the gross income of any Bondholder (other than a Bondholder who is a "substantial user" or a "related person" within the meaning of Section 103(b) of the Code). or (iii) the violation by the User of a representation or covenant contained 'n this Agreement with the result that, under the Code and the Regulations, the interest on the Bonds is or becomes includable in the gross income of any Bondholder (other than a Bondholder who is a "substantial user" or a "related person" within the meaning of Section 103(b) of the Code). (i) A "Determination" shall be deemnd to have occurred on the first to occur of the following: (i) on that date when the User shall be advised by the Commissioner or any District Director of Internal Revenue that, based upor. filings of the User or the Issuer or upon any review or audit of the User, or upon any ground whatooever, A Taxable Event shall have occurred; or (ii) on that date when the User shall teceive notice from the Issuer, the Trustee, or any Bondholder that it or he has been advised: (A) that the Internal Revenue Service has assessed as includable in the gross income of any Bondholder any interest on his Bonds duo to the occurrence of a Taxable Event; or (B) by the Commissioner or any District Director of Internal Revenue that the interest on any of the Bonds is includable in the gross income of any Bondholder due to the occurrence of a Taxable Event. (j) A "Final Determination of Taxability" shall be deemed to have occurred on the first to occur of the following: (i) on that day when the User files with the trustee or the Internal Revenue Service aray statement, supplemental statement or other tax schodule, return or document which discloses that a Taxable Evert shall have occurred; provided, however, that if and so long as the User is contesting in 7ood faith and by appro- priate proceedings, either directly, or through a 17 r~ w . ^i e.er ..roM r a 1'tt 1a r'.,. f t e ~ 1 a ~ yt n f ~ ~ A. ~ b ,e w ra ~ i :7 ' t~ b'y,r r t t': 7~ ~ ~ s i Y s H ~ ii a• ~e n ~ ~ ; •r i v Bondholder, the existence of a Taxable Event, no such Final Determination of Taxability shall be deemed to have occurradj or (ii) the entry of any final unappealable order, decree or ruling of any court of the United States or of the Commissioner of Internal Revenue confirming a Determination, or the failure to prosecute an appeal from any order, decree or ruling of any such court or the Commissioner and the expiration of time for an appeal or review of such order, decree or ruling. (k) Should a Final Determination of Taxability occur, there shall be a prompt mandatory redemption prior to maturity of the entire outstanding and unpaid principal-and accrued interest of the Bonds, and the payment by the User to the Bondholders of appropriate and sufficient agreed liquidated damages (for loss of a bargain and not as a penalty) all as shall be provided for in, and in accordance with the provisions of, each Borg Resolution, Such payment of liquidated damages shall be a direct obligation of the User to the Bondholders and shall be paid to the Trustee for the benefit of such Bondholders during the term of this Agreement and thereafter shall be paid by the User directly to such Bondholders. Section 4.07. PAYMENTS TO ISSUER. From the proceeds of the sale and delivery of each series or issue of Bonds there shall be paid all of the Issuer's reasonable, actual out of pc.,xat expenses and coats of issuance in connection with such series of bonds, including, without limitation, all financing, l'agal, printing, and other expenses and costa of issuance incurred in issuing the Bonds. In addition, the Issuer shall receive out of such Bond proceed: an amount equal to the amount specified in each bond Resolution to pay and reimburse the issuer for its administrative and overhead expcnses directly attributable and chargeable to the isailance of the Bonds and the acquisition, construction, equipping, and furnishing of the Project. Also the User agrees to pay directly to the Issuer annua?,ly while any of the Bonds is outstanding, upon receiving a bill or statement therefor, which shall be submitted by the Issuer promptly after the close of each fiscal year of the Issuer, an amount sufficient to pay and reimburse the Issuer for any of its actual costs reasonably and necessarily incurred in connec- tion with the Bonds and the Project during the previous fiscal year. is ' ^r"4 ; r " ` fi ~'t r 1 t L ;x.. 1 :r c s a''~ r "y a' ' r; : ' 11 17 - r rir. ARTICLE V COVENANT AND REMEDIES Section 5.01. COVENANT. The User unconditionally agrees and covenants with the issuer and the Trustee that it will pay, or cause to be paid, when due, each Installment Loan Payment required and prescribed to be paid by it pursuant to each Bond Resolution. The User further uncon- ditionally agrees anu covenants to pay all reasonable expenses and charges, legal or otherwise (including court costs and attorneys' fees), paid or incurred by the Issuer and the Trustee in realizing upon any of the said payments to be made by the User or in enforcing the provisions of thia Agreement or any Bond Resolution or the Trust Inden- ture. Section 5.02. TRUSTEE AND REMEDIES. (a) ".:he User is advised and recognizes that the Issuer will asriign all of its right, title, and interest in and to all the Installment Loan Payments required to be made pursuant to this Agree- ment, and the right to receive and collect same, to the Trustee. The Trustee, or the Bondholders to the extent provided in the Bond Resolution and the Trust Indenture, may enforce the obligations of the User under this Agreement, the Bond Resolution, and the Trust Indents.tre in the manner provided in the Trust Indenture, without the necessity of making the Issuer a party. (b) In the event of a default in the payment of any Installment Loan Payment, or in the performance of any agreement or covenant contained herein or in any Bond, any Bond Resolution, or the Trust Indenture, such payment and performance may be enforced by mandamus or by the appoint- ment of a receiver in equity with power to charge and collect Installment Loan Payments and to apply such revenues in accordance with this Agreement, the Bonds, each Bond Resolution, and the Trust Indenture. Section 5,03. GENERAL PROVISIONS. (a) The terme of this Agreement may be enforced as to one or more breaches either separately or cumulatively. (b) No remedy conferred upon or reserved to the Issuer, the Trustee, or the Bondholders in this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at ..av, or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default, omission, or failure of performance hereunder shall impair any such right or power or shell be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may 19 c ql ~d + i ~ YY xfY'"~iy t t~~ it ~Jt L ~yi! ~r^ -n ^k e:, t A Y be deemed expedient. In the event any provision contained in this Agreement should be breached by the User and there- after duly waived, such waiver shall be limited to the, particular breach so waived and shall not be deemed to waive any other breach of this Agreement. No waiver by either party of any breach by the other party of any of the pro- visions of .this Agreement shall be construed as a wwiver of any subsequent breach, whether of the same or of a different provision of this Agreement. (c) Headings of the Articles and Sections of this Agreement have been Inserted for convenience of reference only and in no way shall they affect the interpretation of any of the provisions of this Agreement. (d) This Agreement is made for the exclusive benefit of the Commission, the Issuer, the Trustee, the Bondholders, and the User, and their respective successors ar.d assigns herein permitted, and not for any other third party or parties; and nothing in this Agreement, expressed or implied, is intended to confer upon any party or parties other than the Commission, the Issuer, the Trustee, the Bondholders, and the User, and their respective successors and assigns herein permitted, any rights or remedies under or by reason of this Agreement. (e) The validity, interpretations, and performance of this Agreement shall be governed by the laws of the State of Texas. Section 5.04. AMENDMENT OF AGREEMENT. No amendment, change, addition to, or waive: of any of the provisions of this Agreement shall be binding upon the parties hereto unless in writing signed by the Approving Officer and the President of the Board of Directors. In addition to amend- ments for any other purpose, it is specifically understood that this Agreement may bo amended, if deemed necessary or advisable by the User and the Issuer, to change the definition and scope of the term "Project", as used herein, so as to permit the acquisition, construction, equipping, and furnishing of other or additional facilities, at the same or other locations, or improvements related to the Project, pursuant to this Agreement and in accordance with applicable laws, with the samA effect ab if they had been described originally in Exhibit A hereto. Notwithstanding any of the foregoing, it is covenanted and agreed, for the benefit of the Bondholders and the Trustee, that (without the concurrence of all of the Bondholders and the Trustee) the provisions of this Agreement shall not be amended, changed, added to, or waived in any way which would relieve or abrogate the obligations of the User to make or pay, or cause to be made, or paid, when due, all Installment Loan Payments with respect t,+ any then outstanding Bonds in the 20 5~~~ E y k of ^~y~. k iy w h, r~ ~ A dr a~~ c✓ Pr ^y fir.:. ' 7 t > e~jtt ~6+ ~ ~ ~ manner and under the terms and conditions provided herein` and in any Bond Resolution or the Trust Indenture, or which ' would materially change or affect Sect.'.ons 4.04, 4.05, 4.061 6.01, or 6.02, 21 ~iT°. A "1a rt- AC'S ~ l- T~ ,n a,' ARTICLE VI SPECIAL COVENANTS Section 6.01. PARTNERSHIP EXISTENCE. The User agrees that during the term of this Agreement it will maintain itn existence as a Texas general partnership and will not dissolve or otherwise dispose of all or substantially all of its aseetsj provided, that the User may, without violating the agreement contained in this Section, or sell or otherwise transfer to another entity all or substantially all of its assets as an entirety and thereafter dissolve, if the surviving, resulting, or transferee entity.. (i) is authorized to transact business in the State of Texas, (ii) shall have, immediately after such transaction, a con- solidated net worth at least equal to the consolidated rat worth of the User immediately prior to such transaction, with net worth being determined in accordance with generally accepted accounting principles, and (iii) shall have, concurrently with such transaction (unless the entity is the User), irrevocably and unconditionally assumed, in an instrument delivered to the Issuer and the Trustee, the due and prompt performance of all of the obligations of the User under this Agreement. If any sale or other transfer is made as provided in this Section, the provisions of this Section shall continue in full force and effect and no further sale or other transfer rhall be made except in compliance with the provisions of this Section. Section 6.02. ASSIGNMENT. The User shall not assign its interest in this Agreement or any of its rights or obligations hereunder except as specifically provided in this Agreement. The User may assign its interest in this Agreement to another party provided that the User shall remain and be +,rimarily responsible and liable for all of its obligation hereunder, including particularly the making of all payment. required hereunder, when due. The User may, however, assign its interest in this Agreement to another party in connection with the transfer of all or substan- tially all of its assets as permitted in Section 6.01, and upon delivery of such instrument of assumption to the Issuer and the Trustee and compliance with all of the requirements of Section 6.01, the assignor or transferor shall have no further obligation, except for any obligation for the payment of money theretofore accrued under this Agreement. Section 6.03. FINANCIAL REPORTS. The User shall have an annual audit made by its regular ndependent certified public accountants, and sha)l furnish the Trustee either a copy of such certified audit within 120 days after the end of the fiscal year for which much audit was rAde. 22 1, 11, y ' T a ° r "i h d ~ / i Ii " M 11 r 1 !4' - n ¢ erg,, . S S.:H b t ~ i ff I Section 6.04. TERM OF AGREEMENT. The term of this Agreement shall be from the date hereof until 'all payments required to be made by `1-Lis Usdr Pursuant hereto shall have been made, provided, however, that the `provisions of Sections 3.06, 4.05 and 4.06 shall survive the termination of this Agreement and shall continue in effect regardless of the termination of this Agreement. Section 6.05. TERMINATION. This Agreement may be terminated by mutual agreement at any time prior to the delivery of and payment for any Bonds. However, if any Bonds have been issued and delivered, the term of this Agreement shall be as set forth in Section 6.04, and this Agreement may not and shall not be sooner terminated by either or both parties hereto. Section 6.06. NOTICES. Any notice, request, or other communication un-'er this Agreement shall be given in writing and shall be deemed to have been given by either party to the of:Qr party upon either of the following dates: (a) One business day after the date of the mailing thereof, as shown by the post office receipt, if mailed to thb other party hereto by registered or certified mail at the applicable address as follows: City of Denton IndustriF-l Development Authority Attention: President City of Denton Municipal Building, 215 East McKinney Denton, Texas 76201 Martino Realty Company P. 0. Box 2306 Denton, Texas 76201 or the latest address specified by such other party in writing, or (b) The date of the receipt thereof by such other party if not so mailed by registered or certified mail. Any notice, request, or other communication made or given under this Agreement shall be given to the Trustee by registered or certified mail at the applicable address as follows: First State Bank of Denton Attentions Corporate Trust Department 101 South Locust Denton, Texas 76201 or the latest address specified by said Trustee in writing. 23 r .,n . r, ! .{,7r rf.•... { ' `..1`r r ' d`tc .~~~7 iP ne§ k1 e:'^ Iii x R'. * V. ;1 Section 6.07. SEVERABILITY. If any clause, provision, or Section of this Agreement should be held illegal or invalid by any court of competent jurisdiction, the invalidity of such clause, provision, or Section shall not affect any of the remaining clauses, provisions, or Sections hereof and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision, or Section had not been contained herein. In case any agreement or obliga- tion contained in this Agreement should be held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Issuer and the User, as the case may be, to the full extent permitted by law. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed in multiple counterparts, each of which shall be considered an original for all purpooes, as of the day and year first set out above. CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY By President, Board of Directors ATTEST: Secretary, Board of Directors (SEAL) MARTINO REALTY COMPANY By Frank N. Martino, General Partner By James B. Martino, General Partner By David C. Martino, General Partner By Frank N. Martino, Jr., General Partner By Richard D. Martino 24 L 771~1'n 'Exhibit A Description of the Project A•1 p~ ~r w ru a r'k'. ` `W n ".'„WMCyb7-5- n" L 7117s 1 5 T v. .T . 4 !177 GUARANTEE AGREEMENT SY AND AMONG CITY OF DLOTOD; INDUSTRIAL DEVELOPMENT AUTHORITY AND FWiK N. MARTINO, JAML B. MARTINO, DAVID C. MARTINO, FRANK N. MARTINO, JR. AND RICHARD D. MARTINO DEBTORS: Frank N. Martino James B. Martino David 0. Martino Frank N, Martino, Jr. Richard D. Martino P. 0. Box 2306 Denton, Texas 76201 SECURED PARTY: City of Denton Industrial Development Authority City of Denton Municipal Building, 215 East McKinney Denton, Texas 76201 ASSIONEE: First State Bank of Denton 101 South Locust Denton, Texas 762%.1 .ems w4 M1 i GUARANTEE AGREEMENT This Ouarantee_Agreement, by and among City of Denton Industrial Development Authority (the "issuer") and Frank N. Martino, James B. Martino, David C. Martino, Frank N. Martino, Jr. and Richard D. Martino (individually the "Guarantor" and collectively the "GuArantoze"), dated as of Sap ember 1, 1985 (the "Guarantee Agreement"), which is attached to and made a part of the "Loan Agreement between City of Denton Industrial Development Authority and Martino Realty Company" (the "Loan Agreement"), which is hereby referred to and adopted for all purposes, and with the terms used in this Guarantee Agreement having the same meanings and definitions as set fcrth in the Loan Agreement, W I THE S SETHi (a) Martino Realty Company (the "User") Is a Texas general partnership in which the Guarantee constitutes all of the general partners, (b) The Guarantors are individuals domiciled in the State of Texas and are fully authorized by law to execute and deliver this Guarantee Agreement, (c) It is necessary for the Guarantors to execute and Celiver this Guarantee Agreement in order to induce the Issuer to execute the Loan Agreement and to provide additional and sufficient security for the Bonds to be issued pursuant to the Loan Agreement so as to permit the sale of such Bonds and induce the purchasers thereof to purchase samef and the issuance of such Bonds will be of direct financial benefit to the Guarantors, and thin Guarantee Agreement is executed and delivered in consideram tion of the issuance and sale of the Bonds by the Issuer and the resulting financial benefit to the Guarantors. (d) The execution and delivery of this Guarantee Agreement and the performance of the transaction contem- plated hereby will not violate any law or regulation, or any judicial order, judgment, decree, or injunction, or contravene the provisions of or constitute a default under any agreement, ineenture, or other instrument to wh.'ch any Cuarartor !s a party. NOW THFREFORE, the Guarantors and the Issuer contract and agree as follows: Section 1.01. GUARANTEE:. The duarantots hereby uncon- ditionally guarantee, without offset, recoupment, or counterclaim whatsoever, the full, complete, and prompt performance by the User of each and every representation, All , t~ e.7+ 1 , ' G'. 1 ,F,•• .tai p «.ad Yr covenant, and agreement made by the User in the Loan Agree- ment, and with respect to the Bond Resolution and the Trust Indenture referred to therein, and by this yur.rantee the Guarantors do covenant to and with the Issuer and its assigns, including specifically, first State Bank of Denton, Denton, Texas, the Trustee under the, Trust Inden- ture, and to and with all of the Bondholders, that to Via extent the User should fail for any reason whatsoever in the performance of any said represexCation, covenant, or agree- ment, including specifically, but without limitation,_ the agreement to make the required Installment Loan Payments, the Guarantors promptly will perform same to the extent of such failure. It is understood and agreed 'chat the issuer will assign to the Trustee all of its interest, in and to this Guarantee Agreement with respect to the guarantee by the Guarantors of all the aforesaid Installment Loan Pay- ments under the Loan Agreement, and such guarantee is hereby desiantted and shall be defined as the -'Loan Payment Guarantee" for all purposes. The Trustee, or the Bond- holders to the extent provided in the Bond Resolution and the Trust Indenture, may enforce the obligations- of the Guarantors under this Guarantee Agreement In the manner provided !.iy the Trust Indenture, without the necessity of making t},a Issuer a party. Seection 1.02. FINANCIAL REPORTS. Each Guarantor shall upon request furnish tite Trustee with an up-to-date copy of his personal finarcial statement. Section 1.03. ASSIGNMENT. No Guarantor shall assign his interest ir. this Guarantee Agreement or any of his obligations hereunder except as specifically, provided in this 3uarantee Agreement. A Guarantor may assign his interest in this Guarantee Agreement; to another party provided that the Guarantor, under the terms of any such assignment, shall remain and be primarily responsible and liable for all of hie obligations hereunder,including particularly the making of all payments required hereunder, when due. Section 1.04. GOVERNING LAW. The Guarantors agree that any suit, action, or other legal proco,&,',ing arising under this Guarantee Agreement may be brought in the applicable court of record in the State of Texas or the courts of the United States of Amarica located in Texas,, consent to the jurisdicti.ori of each such court in any such suit, action, or proceeding; and waive any objection which they may have to the laying of venue of any suit, action, or proceeding in any of such courts. In this, connection, the parties hereby agree that this Ouarantee Agreement shall be governed in all vespects, including validity, interpeta- tion, and effect, by, and shall' be enforceable in accordance with the laws of the State of Texas. 2 I l 1 ! ~Wt /1 YQ l~ .!Srq ie h 1 i F ~ 'f t`f~P. S i .Z 'k ~tb: -0F Pl, ay s ~ a ~ ~ t ~'t4 r~ " i~: Y'~~ `^t~r~ A'.•. ice?, 1 ~er7 dot l x 'vyl F~ ~ ~fr ",t sir ".r . Section 1.05. AMENDMENT. This Guarantee Agreement shall never. be changed or amended in any way which would relieve the Guarantors of their obligations hereunder unless consented to in writing by the Trustee and the owners of all Bonds then outttanding. Section 1.06. TEAM OF AGREEMENT. The term of this Guarantoe Agreement shall '+e from the date hereof'until all payments and indemnities regjired to be made b~ the Guarantors pursuant hereto shall have been made. Section 1.07. TERMINATION OF AGREEMENT. (a) This Guarantee Agreement may be terminated by either party, upon written notice to the other party, at any time prior to the adaption of a Bond Resolution by the Irisuer, and may be %:Crminated by mutual agreement at any time prior to the delivery of and payment for any Bonds pursuant to the Loan Agreement. (b) Notwithstanding the foregoing or any other provi- sions of this Guarantee Agreement to the contrary, if any Bonds have been issued and delivered the term of this Guarantee Agreement shall be as set forth in Section 1.06, and this Guarantee Agreement may not and shall not be sooner terminated by either or both parties hereto. Section 1.09. NOTICES. Any notice, request, or other communication under this Guarantee Agreement shall be given in writinq and shall be deemed to have been given by wither party to the other party upon either of the following dateai (a) One business day after the date of the mailing thereof, as shown by the post office receipt, if mailed to the other party hereto by registered or certified mail at the applicable address as followa: City of Denton Industrial Development Authority City of Denton Municipal Building, 215 East McKinney Denton, Texas 762010 Frank N. Martino James B. Martino David C. Martino Frank 14. Martino, Jr. Richard D. Martino p, 0. Box 2306 Denton, Texas 76201 or the latest address specified by such other party in writings or (b) The date of the receipt thereof by such other tarty if not so mailed by registered or certified wail, 3 ~i A kin.". tiC p - ~ y I r .QI f Any, notice, request, or other communication under this Guaran*ee Agreement shall also be given in writing' to the Trustee by registered or certified mail at the applicable address as followsi First State Sank of Denton Attentions Corporate Trust Department 101 South Locust Trenton, Textis 76201 or the latest address specified by the Trustee in writing. Section 1.09. SEVEPASILITY. If any clause provision, or Section of this Guarantee Agreement should be held illegal or invalid by any court, the invalidity of such clause, provision, or Section shall not affect Any of the remaining clauses, provisions, or Sections hereof and this Guarantee Agreement shall be construed and enforced as if such illegal or invalid clause, provision, or Section had not been contained herein. In ores any agreement or obligation contained in this Guarantee Agreement shr:uld be held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Guarantors 'so the full extent pe.mitted by law. I I 4 1 ~ 1 ! ♦ i .f. IN WITNESS WHEREOF, the partierhereto have caused this Guarantee Agreement to be signed in multiple counterpar-~e, each'of which shall be considered an, original for all pur. poses, as of the day and year first set out above. CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY By President, Board of Directors ATTESTt SElcretary, Board of Directors (SEAL) By Frank N. Martino, Guarantor By James B. Martino, Guarantor By David C. Martino, Guarantor By Frank N. Martino, Jr... Guarantor By _ Richard D. Martino, Guarantor 5 .`f Y , v a 4 f ~J,' ' t ' r. 1 , t •i,, .h . tr .':"0 77:vs`. 1506( R E S 0 L U T 1 0 N WHEREAS, the airport lease agreement betwoon the City of Denton and Aerosmith Denton Corporation dated October 1 1979, was assigned to Maverick Aircraft, Inc., by Order of ti:e 6ankrupicy Court on April 18, 1984; and ' WHERF,AS, pursuant to such lease assignment MaverU k Aircraft, Inc. and the City of Denton stipulated and agreed that certain portions of the lease be renegotiated; and WHEREAS 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 lease amendment; and WHEREAS, the City Council of the City of Denton, Texas believes it to be in the interest of efficient airport operrstiuna to approto such lease amendment; NOW, THEREFORE, BF IT KLSOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT-. SECTI')N 1. Ths amendment to the airport lease agreement of October 1, 1979, botn of which are attached hereto, is ha.eby approved. SECTIU14 iI. The Mayor is hereby authorized to execute the attached consent I:o assignment of security interest in airport lease and attache4 .ease amendment on benalf of the City and the City Secretaryy is hereby directed to affix this 7Wsolution, with the executed le age amendment attached, to the original airport lease agreement dated October 1, 1979 inscribing in the original agreement the fact it has been amendad and the effective date of such amendment, SECTION Iii. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of s 1985. RICHARD , RYOR CITY OF DENTON, TEXAS ATTE6T: ALLEN, CRMMTE CITY E CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOV1TCH, CITY ATTORNEY CI'T'Y OF DENTON, TEXAS BYt d - In 1V7 "a1 1°r .d 'a vq xL T y• p rtY e . »4'1' V~' 1 y~ rv rl~' 1 4.-Q 1 t f~ ',"r~1 n THE STATE OF TEXAS AMEND110T TO AIRPORT LEASE ACREENLNT BETWEEN CITY OF DENTON COUNTY OF DENTON y AND MAVERICK AIRCRAFT, INC. SIHEREAS, the airport Image agreement between the City of Denton and Aerosmlth Denton Corporation dated October 1, 1979, W,s assigned to Maverick Aircraft, Inc,) by Order of the Bankruptcy Court on April 18, 1984; and WHEREAS, pursuant to such lease assignment, Maverick Aircraft, Inc., and the City of Denton stipulated and agreed that cartai:. portions of the lease be renegotl+tsd; now, therefore, e WITNESSETH: The City of Denton, Texas, hereinafter referred to es "City" and Maverick Aircraft, Inc., hereafter referred to as "Maverick", for and in consideration of, the rents, commissions, covenants and conditions contained herein, do hereby mutually agree that the airport le;,ie agreement dated October 1, 1979, betweer the City and Aerosalth Denton Corporation, assigned to Maverick by Order of the Bankruptcy Court on April i8, 1984, to hare.y imanded am follows: 1. All references to Asrosmith and Aerosatth Denton Corporation are deleted and Maverick Aircraft, Inc., hereinafter referred to as "Havarick" is substituted therefor. 2. Section I, Paragraphs 8 (SPACE IN ADMINISTRATION BUILDING), C (PARXINO SPACE) and D (LEASED GROUND SPACE) are aaendud to read as follows: 8. LEASED PREMISES: A tract of land conaistinS of 16.34 acres or 711,770 square feet as dep.cted in Exhibits A and Al, attached hereto and incorporated herein by reference, and having the following mates and bounds: All that certain 16.34 acre tract or parcel of land situated in' the William Neil Survey Abstract No. 910 mod the Thomism Toby Survey, Abstract No. 1265, Dantoe County, Texas; said tract being JufENIIM TO AIRPORT LEASIr AGRat?IENT ISTWEEI! C111 OF DWON AND MAI AIRCRI IKc6/PA09 i ~ kiy,,fwa14K ~ ~ yru e+ ~ } py, v . ~ ~ f <S r .e.; ~ r n - r, a t' V i v w~~ t j.. "kiFk r r {e 6~`, }fA. 6 tlv~1 r Ar y S w~ 1'_ A.,. M k~ °S.r y F'V. iik gti'1 i Part of a tract shown by dead to the City of Denton and recorded in Volume 305, Page 2160 Deed Records, Denton County, Texas and being more fully described as follows: 620INNINO for the northeast corner of this tract at an iron pin, said iron pin being on the south right-of-way of Farm-to-Harket Road 11515, said corner also being south 02'09'91" east 50.0 feet floe the northeast corner of mall City tract, said corner also being the northwest corner of a tract shown by deed to Patrick F. Breen and recorded in Volume 427, Page 183 of said deed records; THENCE south 02°09'51" east with the east line of said Cicy tract and the west line of said green tract a distance of 589.79 feet to a point for a corner; THENCE south 88049136" west a distance of 1;54.70 feet to an iron pin for corner said corner being east 66.0 feet from the center line of an existing taxiway; THENCE north 06°07'.26" east 66.0 feet *sat of and parallel to said taxiway centerline, a distance of 403.85 feet to a railroad s like for corner, said corner being the start of a curve to the left whose radius is 283.14 feet; THENCE central angle e33"17'13"o chorddbeacurve a riog north 23549 21" lwatt5172-06 feet to a railroad spike for the and of said curv6 and the beginning of a curve to the right whose radius is 409.64 feet; central angle e32°42'40", chordobear! g north t19°27 8102vast9228.46 feet to a railroad spike for the and of said curve; THENCE north 89°20'33" east a distance of 150.42 feet to an iron pin in a chain ling fence and Me start of a curve to the left whose radius is 375.0 feet; THENCE southerly with said curve a distance of 136.48 feet, central angle 20051 11 , chord bearing south 23°10'12" @Lit 139.73 feet to an iron pin in said chain link fonca for the and of said curve; THENCE north 89°08'29" east 01.1- the north edge of an existing drive a distance of 273.03 feet to an iron pin for corner; THENCE south 00°57'57" cast a distance of 53.60 feet to an iron pin for corner said iron pin being north 26.29 feet from the northwest corner of an existing hangar building; THENCE north 89°08'50" east with the mouth right-of-way of said rare-to-Market Road /15:5 a distance of 157003 feet to the point of beginning and containing 16.34 acres of land. Maverick will also ratain ptesession of its existing fuel farm with tte right of ingress and egress there o . C. FUTURE TA%IHAYs In addition to Cie premises described to Paragraph b above, City hereby losses to Maverick a strip of land 92.93 feet F' AMENDMLNT TO AIRPORT LEASE ACRIEIIM BETWEEN CITY Or DENTON AND MAMICK AIRCRAbT, INC./PACE 2 p } w^ u a x"1.3 f n E K . in width by 743.33 feet in length, consisting of 0.90 acres or 390344 square feet as depicted in Exhibits B and BI, attached hereto and incorporated herein by reference, and having the following metes and bounds: All that certain 0.90 acre tract or parcel of land situated in the Willies Neil Survey Abstract No. 970 and the TI'oros Toby Survey, Abstract No. 1285 Denton County, Texas; said tract being part of a tract shown by d4ed to the City of Dentin and recorded in Volume 305 Wage 2161 Deed Records, Denton County, Texas and being more fully described as followal COMMENCING at the northeast corner of the tract described in Paragraph B above and depicted on Fahibits A and Al attac44 hereto, at an iron pin, said it,. pin being on the south right-of-way of Farm-to-Market Road #1315, said corner also being south 02°09'51" east 50.0 feet from the northeast corner of said City tract, said corner also being the northwest corner of a tract shown by do-4d to Patrick F. Breen and recorded in Volume 427, Page 183 of said load records; THENCE south 02°09'51" east with the east line of said City tract and the west line of said dreekl tract a distance of X89.79 feet to a point for a corner; THENCE south 88°49' 36" vest a distance of 204.70 feet to an iron pin for the point of beginning; THENCE south 01006147" east a distance of 52.5 feet to a point for corner; THENCE south 88°49'36" west a distance of 7500. feet, more or lose, to a point for a corner in the east boundary line of a now apron; THENCE north 06°07'26" east along the eat line of said new apron a distarme of $2.93 feet to a point for a corner in the south boundary line of the tract described in Paragraph B above and depicted on Exhibits A and Al attached hereto; THENCE north 88°49'36" east along the south boundary line of the tract described in Paragraph B above and depicted on Exhibits A and Al attached hereto a distance of 743.33 feet to the place of beginning and containing 0.90 scram of land. The use of the above-described strip of land is restricted and limited to pavement only for access to the I remsindor of the property leased herein. Maverick agrees to keep this strip free of any and all obstructions and isprovements of any kind, except pavement, so the property say serve as a clear area for the proposed taxiway jdj&cont thereto. Should the City not commence coastructt+n of a taxiway £smediacdly to the south of, and adjacaot to, the above described Mtmd~w TO At"OKT LLABt A MEEMENT 81TWUR CITY Or DENTON AND ' HAVERIXK AIRCRAYTj INWPAOE 3 pP eP JI 1 h Ihi. 'Lit V IpA' 7, £ r 1~ lp~ 1 P ! %tlT f ~Lt~ 1r~ ~r~l J f 1d."~ t atria. of land within ninety (90) days of receipt of written evidence from Maverick that it hat a fineneLng commitment for construction of hangars to the east of its existing hangars, then 142ver.,-l shall have the right to lure an additional strip of land, 87.50 feet in width and 743.33 feet in length, immediately to the south of, and adjacent to, the above described strip leased heroin, upon the same terms and corditiona, for the solo purpose of constructing a taxiway. Should Maverick exercise this right and conotruct the taxiway with its, own funds or financing, that the City shall have the right, but not the nbligation, to recapture and recover all or any part of this strip, at the City's option, at a price, payable in twelve (12) equal monthly inatellmenta, calculated to reimburse Maverick for 4ts actual costa of financing and construction of that portion of the taxiway recaptured and recovered on a per foot basis. D. OPTION FOR ADDITIONAL PROPERTY: For ■nd in consideration of the sum of five Hundred (=500.00) Dollars, receipt of which is hereby acknowledged, the City hereby grants to Naverick an option to lease, at a rental of two and one-half ($0.023) cents par square foot per year, a tract of land consisting of 6.66 acres, or 290,110 square feat, as depicted on Exhibits C and C1, attached hereto and incorporated herein by reference, and having the following matte cad boundst All that certain 6.66 acre tract or parcel of land altuated in the Villiam Nail Survey, Abstract No. 970 and the Thomas Toby Survey Abstract No. 1283 Denton County, Texas; said tract being part of a tract shown by deed to the City of Denton and recorded !n Volume 303 Page 216, Deed Records, Denton County, Texas and hoLng more fully described ae followst COMMENCING at the northeast corner of the tract described in Para- graph B above and depicted on Exhibits A and Al attached hereto, ' at an iron pia, on the south right-of-war of Pan-to-Market Road 113151 said corner also being south 02.09 51" seat $0.0 foot from the northeast corner of said City tract, said corner also beinit the northwest corner of • tract shown by deed to Patrick F. green and recorded in Volume r270 Page 183 of said deed recordai THENCE south 02.09151" east with the east 11ae of said City tract and the wet line of said Breen tract a distance of 570681 feet to AMENDMENT TO AIRPORT LEASE AGAMIENT MTWUM CITY OF MM M AND MAVERIC,C AtRCRAIT, W./lOUS 4 3 1 " n z n~ ;.rl t: °J ' v r r. v .+Ij rdv f u'iw 4~ I : 1%ef i a 1.1/2 inch pipe by a fence cornbr post for the point of beginning; THENCE north 87°43'23" east with the south line of said green tract and a line of said City tract for a distance of 300.30 feet to a fence corner post or. the wast line of Underwood Road; with THENCE fence for 0a distance vest line of said oad and corner; THENCE south 8VA9136" west leaving said road for a distance of 514.31 feet to at, iron pin for a corner; THENCE north 31°06'47" west a distance of 556.0 feet to an iron pin fol'corner, THENCE north 88°49'36" east a distance of 204.70 feet to a point for a corner; THENCE North 02°09'51" east ■ distance of 18.98 feet to the place of beginning and containing 6.66 acres of land. Should Maverick not exercise this option by leasing and commencing d.,velopment of the optioned premises within eighteen (18) months from the date of execution of this lease, this option shall automatically expire and by of no further force nor effect. Maverick shall notify the City, in writing, at least thirty (30) days prior to its exercise of this option. 3. Section I, Paragraph 0, Subparagrophe (1) and (2) orb hereby amended to read as follows C. CITY AGREES; (1) To allow Maverick to continue to occupy the north hangar, identified as g,silding No. 5 on Exhibit No. 1 attaches to the October 10 1979, tease for a monthly rental as specified in Section III hereof and upon the following terms and conditiones a. Maverick's monthly tenancy of the north hangar shall cease and Maverick agrees to vacate the premises by the data the City commenc4a to demolish the structure upon at least sixty (60) day3 written notice (but in no event sooner tMa niaaty (90) days from the date of execution hereof) to Maverick prior theteto, b. Maverick agues to lease the north hangar in its present condition and to defend indemnify and hold the City harmless from all liabilities and claims for damages for or by reason of any injury or injuries to any person or persons or erty caused by or result- ing frog the condition OAT premises including, but not limited to, any structural defects, whether such AMENDMENT TO AIRPORT Mgt AGREEMENT 8iCI ZN CITY Of DENTON AND HAVEAICA,AIRCRAPT, INC./PAGE 5 damages or injuries are sustained to the persons or property of avert.ck, third persons. its agents ur euployeu , or s. (2) To provide sole use of those certain htegars identifi.d as Buildings No. 1, 21 2A and 3 on Exnibit No. I attached to the Octot,er 1, 1979 lease and being on the property herein leased to Maverick. 4. Section 11,7, RENTALS AND FEES, is hereby emended to read as follows: Mavert.ck agrees to pay to the City the sum of Six Thousand Three Hundred Nine and 36/100ths Dollars (56,309.36) per year 'as! ground rental for 751,114 square feet (17.24 acres) leased herein as depicted on Exhibits A, A1, B and 81, attached hereto, at 0.84 cents ($O.UOd4) per square foot, payable in tvolve (12) equal monthly installments of Five Hundred Twenty-Five and 78/100ths Dollars ($525.74) due in advance by the first day of each and every month during ►he term o! this lease. The annual rental for the land herein leased shall bb readjusted, either upwards or downwards, at the end of each five (5) year period commencing October 1, 1984, on the baste of the proportion that the then current All Urban Consumer Price Index (CPI-U) for the Dallaalrort worth, Texas, Standard Metropolitan Statistical Area, as compiled by the U. S. Department of Labor, Bureau of Labor Statistics bears to the October, 1984 index which was 333.7 (1967.100). Maverick further agrees to pay to the City the sum of Two Hundred Fifty and No/100ths Dollars (:250.00) per month, due in advance by the first day of each and every month, as rental for the north hangar, idrjtified as Building No. 5 on Exhibit No. I attached to the Oett,ber 1, 1979 !aria, said monthly rental to continue until Maverick vacates the building. In addition to the above rental, Maverick agrees to pay to the City the following commissions and feast A. Ten percent (10x) of all hangar and aircraft tLo-down rental fees collected by Maverick each month during the AMENDMENT TO AIRPORT LEASK AGILZE4ENT AEI'NEEN CITY di DMON AND eU MICK AtRCKAYTo INC,/PAGE 6 N term of this lease, due and payable by the 15r., of the month immediately following the month in which such fees were collected, b, five cents (,0.05) per gallon on all fuel delivered to Maverick each month dozing the term of this lease,, due and payable by the 15th of the month iemodistely following the month in which ouch fuel was delivered. Co, (No change from October 1, 1979 Lyme). All payments due the City from Maverick shall be delivered to the Airport 4-nager unless otherwise designated i. siting by the City. 5, Paragraph XVII, NOTICES, is hereby amended to read as follows: XVII. NOTICES Any notices or desuids required to be given herein shall be in writing and shall be sent by certified mail at the addresses met forth below, or to st,ch other addresses as the parties may substitute by writtrrt notica given in the manner prescribed iu this section. Notices shall be effective upon receipt thereof. NOTICE TO CITY: NOTICE TO MAVERICK: City Manager Otho Henderson Municipal Building Maverick Aircraft, Inc. 215 East McKinneq Denton Municipal Airport Denton, Texas 76201 Denton, Texas 76205 6. This lease amendment is !made as a compromise between the City and Maverick for the complete end final Battlement of any and all claims, demands, rights ind causes of action either have or may have against the other for monetary damage and t.,e same ■re hereby satisfied, discharged and settled{ provided, however, nothing contained herein is intended to constitute, nor shall be construed as, a waiver by either party of any right to enforce the terms of this lease and to seek any remedy provided for herein, or at law or in equity, arising from a breach or default by the other party subsequent to the execution here)f. This agreement shall be biding on and inure to the benefit of the parties and their respective legal representatives, successors and assignj, MENOMENI' TO AIRPOIIT LUSE AGREEMENT gETWERN CITY Of UNTON AND MAVERICK AtRCRA!"S INCilPAOE ti t r`?k l'." 1t.e~`1 $ `.4 `T "I Y h `~•0"z 2Cp-°k A.;i f ♦ aix,'.,n _'S 'w! ~a .~~~,~k,.; a 9T r i ~t 5 r a r 1 { 4 ~ "~aa u~ ~e 77 IN WITNESS WHEREOF, the parties have execi:ted this Agreement this day of , 1985. CITY OF DENTON, TEXAS MAVERICK AIRCRAFT, INC. BY: BY: RICKARD • VVHU RENDE1f5aF", PRLSiEfrwr ATTEST: cKAROTTE ALLEN, CITY AETM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORN,T.Y CITY OF DENTON, TEXAS BY: U+`h SHE SPATE OF TEXAS COUNTY OF DEYfON This instrument uAs acknowledged before me on the day of , 1985, by Otho Henderson, President of Maverick Aircraft, Inc., a Texas Corporation, on behalf of said corporation. NOTARY PUBLIC9 STATE OF TO= My Commission expires: AMENDUNT TO AIKPORT LEME AGREEMENT BETWEEN CITY OF DENTON AND MAVERICK AIRCRAFT, INC,/PAGE 9 i u °r11 - s . V,:f S r y a 1 y.r..r , ~ ~ .•4. r I i i r y a; EXHIBIT "A" TO MAVERICK LEASE AtaNDMENT DATED 1985. I 4 + J~'~2'Ia• L1'l~'42'4a" R • W. 44' A 213.74• i • 2P. It, L • 174.7s, r • rrt.as - ` r ' 10.24' L6 • 225.441 L4. 172,00' cB=Si 2rar'j Cs+ S22.40'*4"~ w* P NwAMoN N a + l'460 L 1116.49 ;13 100' cd SiiieiA! ! ~ _ S 04'S'7'Sl''E I ~i I~ A t - I ' I Ix 020 0 1 el r ! ~ X ~ x MAVtauk LEASt PAAr A se SCAL! I'! !oe' ~ A ¢ k , t: eSB v .w AIRPORT ! q REFERENCE D POINT w E FutuRE TAv*AY ?h)`! t, Ott ~ LIGHTING kF LL'?wI,0. gr,~t~rd. :;i t: 'I1• f: I f , mANGARS ✓ y ' r.NEM b~,p" yy •a I ':+%eil M i H I EAIST APRON ~p• t I AREA I /11 I e I BASIC DATA TABLE + RuNMAY, OAfA CE SSR,P I ICON P4,N*At rrk• ssA r► 14.55.' ♦ EMrStihG uITiMArE uitrMAtf I "EiiEC1wE Ruh~YAY GRRUrEht 1~ ~i 16 0 26 l all i VAA 9 T"SaywF~.~ LINGin Q t 6000 1I1 . Sic s warn t ISO + 150 I ' MOUNT "B" TO MAVERICK LEASE AMENDIIENT DATED 1981, NEW M B M r~ I ~ jx I . X I ~ x MAVEAIth LEASE SS PART g k f° SCA1Q r"~ toe' N ' Fv- w I b I~ r 40 IAI AfAV ANTENNA' . k J EL. 618- li5 - o t T ^ ~ AIRtoAT p REFERENCE "INT ~i FUTURE 1AxiwAY = M I Ea ►~wG Tp LtGwriNG 1_ - . w•. C,.^ HANOAAS TOM 0 C3 B f A[$ AAEA i r! 03 Ij BASIC DATA ?ABLE RUNWAY OAtA , • Rtrh~MAY ..ttl• ~jR ~ ~~w t►R•)!L~ DfSCR?tfih ` Exi)TiNG ~ UItiMA~~ uLT~N►!E ; ~i0f(CTIVE RutiAAf eaRA0'ENT 'l. 0 l6 0}~ 4 sq vAA y !A°s` LENGTH ._~2QQ 6•,~JO ~ t i i iY ~ ' Ir~r ~i .A-b V ,,.~F 15 ~ ,~t ~l y e t ✓ lj;nt aCCti~ ~0..`A. v t 'i:7 . 9, C - r i EXHIBIT "C" TO IWARICK LEASE AMELOIENT DATED 1485. NFW A tON n l_J I~ - I I ~ 1 i NO~~Ga'47~i✓ SS6"a' ]1 4r ' Ct_o~f~or~t-~ ..tac1~-~ ` Y vivo "0 AD. MAVERICK LEASE OW C Y l SiAlt 1'i Idol k w r rr =i t O 0 y AIRPORT ~XI ~ • • ~ ~ ~ ~.r._ J! U REFERENCE u+ POINT r FuTuAE %%xi*Ar - i Ex TING 0 TA n LIGHTING 2)0 .'N'. Tl err ENE ii •4 LI1h1 '14•.111 Mid or, i / NANI S ' BEAk'h y I' ~''•e',j ~ouN~,1~- N • ~I Aft APRON f -lot BASIC CAfA TABLE RuN*AV OATS • GESCf."0116N AUNwlr III.350 ~Ww IM-35L - Eu19fINC 1"ULlItATE ULTIMATE ErfECtlvE RuNr1Ar ORAOIEh1 _ f.. % 636 024 v 54 9 9! F LENGTH .mQ t._.60 b0 WIGTM ISO 1 1~4 It Imo;-4'41r Aeou ll, t" ' . d~ 7 ~ 'h„r'a p t d'~ ^ _vf f n rr, ~ rr b" lr ~ r~st• • rn.r•~...•i►~ r ~4.••1!.`~rwr~:w .+.•~riia y , THE STATE Of MA! AIRPORT AMCMthT i' This contract is negotlatad With And between the city of. Denton and Aerossith Denton Corporation with tie understanding I' that there Will be a mutual Cadperation of both parties for the use and development of the airport for community b4tterment, ' This Agreement, made and entered into at Denton,. Texas, this. r*. the 119 , day of ,.e. , A. 0. 19140 by and between the City of D6ntons Texas, a Municipal Corporation, of the County Of Oenton, State of Toxas, hereinafter for cdnvenitaeo sometimes styled 'City', and Aerdsalth Denton Corporation, a Taxes Corporationt e' hereinaftnr for eonvenianee sometimes styled 'Aerosmith', vith" reference to the Denton Municipal Airport, hereinafter for I Convenience sometimes sty,-1 'Airport', WITNLSltTHt The parties hereto for and. in Consideration of the rents, , comnissianss covenants •and agreements Contained herein mutually, agree is follower I. !R M t City does hereby demise and set unto iorosalth, snd Aerosmith $ does hereby hire and take from the City, Certain premites and facilities, rights,. Ilcanaes, and privileges on and in connection With the Property and Improvements of City Ipeeifled as said i Airport, as more particularly hereinafter sit for:hi } A, U3t_011 AIAIORTa The, use, in common with others Authoritad so to do, of said airport and all appurtenances, facilities, improvements, eauipaenc and services which hart been or may hereafter be provided thnroat, such-use oithout 1101ting the ;enerality hereof, to include the following fightse licenses, and privilifisi r ~~e . ~ a 4• f .yFk n. +~•.nr°, ti • i '!}rd t, ai di 1hM oQer Man of 4 tr4nsporte!!on tyste» b repairf11g+ ael11tafnln y aircraft, the l 9. eeaditfanInto Servicing, O4rkfnl or ` or other 4qulpoont and the tetfng of ; the aircraft training of personnel and other dispos4t ar $Reh4ng4 of 4qutpp 01st the related alrer4ft Sato, 44uI + Ong}nos. aeevesorf4l, a,ya p'r411ti the 84rrfcin i aircraft 4010; other 4 by Airalaffh ar e441p•tnt, fnctudf11 others of P mafntai11 oe 341d 9 the right to install and afrpart 4degvett star Appurtenance s$ lnelvdfng right age fecttftfes. and C; landfe90 takln °f way nOeass~rY thew 9 off, Parking, 1a4df11 efort the ti. and other 49 m411tt the 9i and 941040012 of aircraft ' Property and mail at said right to 1644 and u11toad airport, b Qersont, d4sfre, with, the right 4 y such 044111 At Aerosafth a.y ? lra11tpaf~ Aeresmlth's d4slgn4t4 the Pass4111ert and C4rrl4rs rho sh411 hMf airport tANr b41f and, Itta, the further r/ hi 414 to and frail the R rho htif trans 9 to d4219"At.e the Port A4fas41this 41rborne frel h Carriers og the. said alrporq th L+ if fr a11y* to and . f 4dv4refif4g of9ns 4 right to Install + the general t and, aperat4 reaean4bl4 ype and d4tlg11 of such and approprfe441 the rights 11g11s to be ablilatfon, Out of $ to install, maintain the duty or coaaunfeatfans, and operate metaorotagleal and a4Nal radla, . other slailar 44u}paent navtlatfont such and fadilf , And promises "P114 tfei tn, 011 or about . 1441ed, AS may be nec the Aerasa}thos. Ittary or eanr4nfent 404r4ttonst the for eo11daet at operations re4sodabt any other, ' Y n4cetsary to the Ousfnets or 100roprf4ta conduct and o proper, n4eessar , slAer Q4ratlon by A4rotolth of lit y and --~~Ae..,M.LISt~lAylaM anr0 ~~n~ bv1f1141s. suOlect to l prerlded elty s right of r , ,ltY of/arde to A + 4e4pture as hereinafter sP4e4 fn eratmf-h the sole use of ehe Ada1111str4tion - 9uttdlnl nor 10e4t4d tulftesent but !n no ewes to on said ~-r, ; 4xCeed fifty (9Oft airport, thereof. far such Percent of the Whot4 area use as Al!'"Ofth ms , . eoso M ble with the nature And Intent of desire to take thereof, . - In oommon With that! presents ~thsrts of alt 1 th♦ use, 9uftd1nl, public Otago In the Ada}n}ltrlt}aA PA4t 2 A" 4121 vo~ • r tk,C. PARKING SPACIt The u14 by Aerossith, its asployels, customers, suppliers j and other 11441194461 Or invitees, without charge, of an adequata 4e1111Wed r4hlcular perking 104CO located as near as possible to the Administration Iuifdial. ` 0. LIAM 6R0@NO 3PACtr The. soft use of that certain ground space, tdlether with all improvements now Located thereon and. which say tarsafter be added th4ratop lying and being sttuatld on said airport, for such, uses as Alrosmlth may desire to sake thereof, e040441ble with the purposes and intent hereOf, the time belnd .ere Particularly tot forth and described as folfowss 1941MMINi at a point In the north property line of a tract of land out of the Thous Toby S+lwey Abseraot me, 1263 and we. 4e111 Surrey Abstract go. 6f 0, Canton County, Texas, said tract bern in the name of P. P. lreen and 44scribed in Volume Ill. Pale 163 Ot t!4 Deed ~ no~thrdstf corners of oun laid tract 444afalsooibei g ice the south line of P.M. Road 1913; } THING west with the south line Of P.M. Road 1919 a. distance of 330 feet to a point for a corner; TIiENCK north a distance of 1000 feet to a point for a corner; TM9NC6 west a distance of 630 feet to r point for a eornerti t"INC2 south a distaned of 1660 feet to a point for a corner; N THINCY east a distance of 1164 feet, nor! 4r less` to a ' point for a corner, 1414 point being the most westerly southwest corner of the said Orion Tracts • THI M north r1 with the Walt tln4 of said Ireen T.•19t a distance or 600 feet to the place of beginning. 6. AtONt ofAc;tSS. tNdRtSS ANO tiA m s the full and unrestricted ace m and Ingress to and . egress iron the pr4slies for all purposes eentemplated by this agreement. ' 116 HAMM All list (1) To Indemnify the city against such lotsas in " eonnettion with Aerosmith's operations hertun4/r as can' be funded frois Aerosaith7l purchase of a standard liability In6UrsRna policy in to amount not 1441 then $1009000 for each PA41t 1 ' 1 y 4' r Y .i, wl ' Y tl i'S~r ' •.ww.y4.L1`iTV Illrw ,rfi , ~~3 .F persona f~00,000 or eeah occurrence ,.nd`fI00~d00 for property 1 ~ da,uget , (2) to 'comply with all current and future lire and ordinances and all regulations of feeersle state, county 4i city airport authorities and/or ageRclos, and pay all tixos* s` and the cost of tiernsee and permits necessary for its operations, horeundert (7)' to keep a4squats records of income and ospenae and make such records reasonably 4vailable, upon request, to the Director of O naaee, City of denCoe, ?exalt (d) to conduct its business and management in a . courteous and efficient manaerl (9) 1e provide sarvida on a neR.411er14184tory basist (6) to proridd tie•down service to Overnight or other transient aircraft er aircraft remaining at the airport for tweaty•four (2a) hours or iesil P (1) To, maintain normal and customary airport services` during daylight hourso. and man the unicorn apparatus whenever r usenabtynteeesary, (6) To provide janitorial service to the Airport Administration sulldingl (9) To be responsible for mowing ado dispesltien of weeds, grass and other vegetation as well IS the eloaning and maintenance within those areas herein leased by City to _Aeresmith unless the- suer be herein spteifitally designated at the responsibility of City, (10) To operat♦ a. flight school and have at least one suitable airplane far training and rental purposes; (11) to operate and maintain t nor. aircraft 4ealarship or•svbdoalership or distributorship on this lirpartl . (12) to operatd and maintain an a/c and a/c engine repair, shop, including employment of in A 4 f licenie aircraft mdthanl4l , on To make available either by tank trick, stationary p uip: or, ether suitable diapeesing equipment approved by the fart Marshal of the City of Oentods thold grades Old eelanee of r PA41 4 Id r q~' '`"°ht $ 1 ,.L, Yrr .tea. ::i.~,,,~,r i+fr~ '7 "s . gasoline and other petrOleua. dlsttllaU s noroelly found at simflar Afrportsl and all storage tanks for gasdilne and other aviation fuels shall be placed underground In Accordance wit?, tho provisions. of the fire Code of the City of Denton for underground flammable liquid storage tanks. • (14) re provide vending machines an praises for the dispensing of refroshments. and to retain the revenue, from sac; devices. ' at CITY (i) To provide and ~equip in Administration lluflding and provide An office therein for M rosmith in said Adainistration luilding► and provide unicorn tquipmentt (2) To provide sole 41e of those certain hangars shore as IUILDIMBS number 1. 21 2A, a. S and f an tshlbit I attaches hereto and being on t:i2 property herein lotted to Aarosmith. e (3) To malntaIn all concrete And asphalt, runways, tasfr3ys. and auto And airplane parking areas an the entire . airport, including the premises herein leased or made available to Aerosmith by virtue hareofl (a) Pay for al! utilities for the equipment described in Item l below and all utilftfet• to the- Administration lulidfng and rater for maintaining the area around the Administration luildingl il) to mafntain all runway, taxi, Ana area 111htt, and beacons at rail As to provide ate security lighting on the airport if the Cit! diems the latter necassAryl (b) To provide adequate insurance for the Administration luflding and 411 Teased hangars, and to replace or repair each In all cases of any loss campensated by Insurance, within a reasonable tfineo it. LULL The primary torsi of this Agreement shall be for a pariad of thirty (30) years, COMmanding on the data of aseeutfon htreef PAM1 I V •l . and ending an the day fsmedlately proceeding the date hereof in the sa.e **nth of the year 2009, unless sooner tepetinstod as herein Provided though City tpecifiCllly stress that shoaLd 'Aeroselth, during said thirty (70) year primary t4vm, complete construction of new foe producing aircraft related faeilitfes of a minimum value of Three Hundred thousand+ ► (f300,000) Dollars (fn 1919 dollars), City shall grant to Aerassitb the right to extend the term of this I use for an addlelonal ten (10) year perlod from the date of* expiratlon of said primary term, provided Aerasmith shall In writing notify the City manager of the City of OentOn, at the office of the City Manager, of Its Intent to exercise its right of extension and provided further • that s-sch notice shall be received by the office of the City Manager not less than sixty (60) days prior to the expiration of the primary term as provided herein. tit. AINTAIS AMR Pill Aeroselth agrees to ppy City, at the Municipal Building of Denton,, Texas, a base cash rental of [fght Thousand four Hundred (180400,00) Dollars per yearl, payable In manthiy installments of Seven Hundred (1100.00) Dollars each, for each year thls. lease It In effect, lublect, however, to readjustment of such, basic cash rent, either upwards or downwards, at the end of each five y*tr perlod from the date hereof, an the basis of the proportion tnat the then current Cansaeorls Price Index, Dallas/Fort Worth, Texas Standard metropolitan Statistical Arta, Coml,Iled by the U. S. 0oparteent of labor, iureau of labor Statistics bears to the June, 1919 index which was 211.1 (1941000)l to which possible readjustment at the end of flue Isar period both City and Aeroselth now agree. Ire addition to the above bete rea;si ea prevlded, Aerasmith Agree! to pay ranthly the followingl i . A. Tan (10%) percent of all hangar rental of fact litits to plat r as of date hereof with the further egredaut that FA1r .'a, r a y r rentals an facilities hereafter danstructed by Aerosalth shall to negatisted at time or Rlsn sppsowl of rJVeh t facilities Oy City, and 4, these MO cents per gallon an al::v::iic!% Lust $all by Aeroseith other than it'st purchased and used by Aerasmith and/or its Resent corporatt6n Mrdysith Corporation air ten (lox) pendent of Aorossith0s. gross . profit floe the, sale of aviation fuel (excluding purehesas and use by , AetOSflth $Ad/Or AatOealth Corporation) whichever ataUAt Ihall be tht greatti,lt'. Me parties hereto agree that gross profit shall be the difference between the cost of Ne lp including taxes thereon, and Its 1e111A9 price. C. A sun equal to ome•twolfth (10,12) of the annual cast to City of the Insurance carried on the fifteen thoUaand (ll,000) square fact Balm hangar &Ad tht ten (10) f.hangers ► presently owned by City an the property herein. MAINTTENANKC ANO RIPAZAS Astosmith shall be responsible for the dlaantngl saintananeL and sinot repair: of ai, buildingso structures and promises owne* by City which are on the property being harein logged to Aeroselth inaludingi unless the. sate to raesptured, the Adeinlatratlan eullding. City shall be ru 0onsibla for all aajot rmpeirs and the parties do now ogres that major repairs ate defined is rapslts required an buildiAgs, st.ua turfs, and fixtures having an axotetad life of one year or longer. City ahs.li mat be rtspansirle for dleaninge ssintenance, major at alnor repairs: on property awned by Aeraaeith. Property awned by Aetoselth Is srawn an dhibit Md. It attached hereto, as y buildings No. I and 74 A001 T t ONA6_ COMPRUgM iN ~r a r A. Astadmith say it its akn 0604 and expense, is the mood PAdt 1 Y . +therefar mill ar11e, erect ar fastal, aE a location sa be determined by both parties hereto, it told airport, any hangar ~I . or hangars, buildings or structures, Inaludfng storage tanks, or other eeaipment, above or underground provided A4rosaith shall first submit general 'plans, cost estteates, and the proposed use of such facilities to City for 400r9Y41 prior to lop lementat fail , It being the Ineent of the Cltr to grant to Aoresmith that right to ongag♦ In any avlitioa/airport•relited business an the leased property which It data* proper and which a,•e fa keeping with the terms and conditions in this Alm seat eoatalned. So City loases said promises to Airosaith for the purpose of befog a general aviation operator and Aerosmith will not sub-lease any portion of the promises without the approval of City nor will Aerosol- Greet, Instill, or, construct on fal? premises or sub-loase any portion of said promises for i erection, installation or construction of any industrial, terAereial or retail building, or any ootel,. hotel, restaurant, private club ortbar without the approval of City and under the tares and conditions, incluing financial consideration to City, agreed to between the parties, City 1;1411 flat Compete with Aeroselth regardfng loose of property for industrial, commercial or retail purposes to potential lassoes solicited by Aeresaith, Adroimith will notify City In writing of third parties with which It is negatiatiflg, C, If at any tlmat during the existence of this 108140 Slty constructs additional facilities for use of Aerasaith, the i parties will negotiate, additional terms and conditions for salt hall f Nes. . - • y~,,~~,AMO Atau~Arlane Y Aerosefth ddvonants and agrees to ansGrve one flay all rsasenabla rules and regulations which may from time to time during that term thereof bb promulgated and Gnagtag by City ar PAU f p' f~ other competent antbority, provided the same Ara consistent with safety and does not conflict with the rules of any p4d4ral Agoney having jurtfdletian th4r OW, and are net InCOnaistiht with the procedures proscribed or a0erar4d lram time to time by thf fbderal Aviation Agency, or Civil Aeronautics loard for operations of Aeroamith's aircraft at said airport. City covenants and Agrees to formulate, adopt and enfaree local ' =L rules And regulations at said airport which will previdt, among other thingse that scheduled transport AIAnes, whenever conditions of safety wail permit, will he given the right of way over other aircraft and which regulations shall control the general public and traffic to as not to interfere with the oparations of Atratmith. Vito City shall have na control whatsoever over the rates# faros, fees, or say charges whatsoever that AerosaltIr may prtscrlba for any of its serrieas by air a1` lane, to, 6.0+16. through$ or at said airport, waif. , M OMSTSICCT10N All property now situated upon the, latest sreatsee heritofort constructed by Aeroomith and all property horaalter constructed upon the priaises by Aerosalth shell r4sain the property of Aorofelth subject to the following Conditions A, No property shall be removed from the prt■Ises without the written consent of City, L All property and impravamants of whatever nature rtmelntng upon the leased 01`4.1114: upon the 4ApiratleR of this lets!, inoludint the eat4otlon thereof If the stmt be 4,ureisaa, shall automatically thereupon bitaae the 01,40tety of City free of any and All 40euebrsnc0a. t C. 'hould this lease agreement be Cancelled under the . r l ten's, hereto for any reason other than Aerossith's daftUlt lot the payment of the, lintel! and fd;lt at Ale provided . ' ?Alt 11 herW. than and in that avant city shall have the ffrs; right and Aerasmitt CorporAtlon, the Want Corporation of Aorosmith herald, shell have the 1490114 right to purchase all buildings and structures C441trv4tAd by Aerescith At Its expense. 4h0 Partial do now Agree that the prf94 At which either plrty shill have the right to purchase said buildings and structures shall be the fair rAlud thereof At time of the oxdrelse of such right as detormined by an Indepondant appraisal by a psrion or firm mutually agreod upon ' by the- parefos hereto unless, prior to the Commoneement of construction City and Aorasmith shall have Agreed to a schedule of depreciation on 140 structures and buildings which would permit in evelratfan thereof at any Point d4rieg the ifft -of thff agreement. loth City And Aarolmith 40 further agree that if City does not' 4aarelt f It.. right. of repurchase as provided harem and A4rosmith .torporatioe 4xar41146 its secondary right to repurchase that IL LM. within thirty (30) days from the aatrelfe of such right Aorosmlth Corporation and City shall agree to a new :ontradt whdroby Aerosmfth Corporation Isaias tht property heroin' leased to Aorasmith or, at Atresmitn Corporation's option, it should elect. to continue 004ratlons under the toms and conditions of this agrttment with Aerosmith for the undaolred term th4raofo Aarolmftn corporation shall within ninety (10) days thereafter$ And W040 the payment of said purchase price to City, remove laid structures And buildings from the loafed pre41141. ItAvfnf said loasea fromifat •clean's fn the sense that 411 I doorls. and rgoef# "*t1 dent to Paid removal shall be carried off Aed that all tij/r, damage. if any, incident to said removal shall be repafrsd. Any Persons car#4r49i0M 10 Institution that l4Ads Coney to FAIL 1Q t: r AtrOSmith fir construction of any hangars structures building or imprOve040t Ind retains a Security Interest It said hangar$ structureo building or Improvement $halt$ upoh default of • • tit 1 Aers aith's obligations to said martgagees have the right to 111 enter YpoR said leased preditjs and operate or manage said 1 Aan4ar. structures building or Improvement according to the a j terra of this Agretmente for a period net to 4xC464 the tare or U4, mortgage with Afrosmiths or until the lose It paid in full. Or, In the alternativo. said moriglger shall have the right to remove such bulldln9s or structures from the premists provided$ hawevere that such mortgage* 14411 first notify City Ior writing of such Intent to remove and provide Cltys the fleet right, and Aerolsith Corporations the parent corporation of Aerasmlth hercins the Second- rightp within sixty (60) days of } such notiea to (ntlnte to purchase such buildings and structures sought to. be removed. Should M rosmlth Carpar W one acluire the property or properties in this paragraph referred to through Its right to purchase under the circumstances herein provided. Aarosmith Corporation sh411 then comply with the tares and provisions In Mr. C. hereinabove at tht lame are applicable to its purchase of properties on the leased premisess f11611r or IASINVIT City shall have the Fight .to establish easements, it no cost to Aerosmiths upon the leased ground space for the purpose of providing utility 14P0441 toe from or across the airport property. Nowevere any suck easements shall not Interfore, with Aerotelth't use all the, 'teased ground 106W and City shall poster* the property to its original condition upon the installation of any utility services one in, over or under any suck ralemeat. fit. CANCILLM0k 1Y CIfY In the event that Asrofnith. shall file a voluntary pal Ito* PA1t It . , In bankruptcy or proceedings in bankruptcy shall be irttltuted +geinst it and Aeraamith thereafter is`idlgdieated bankrupt pursuant to such proceedings, or any court shall take ,juris• tifff diction of Aaratolth and Its assets pursuant to proceedings brought. under the provisions of any ryeral reergani:ation act, ar Aeresmtth shalt be divested of its eitate• herein by other operation of laws or Aerosmith shall fail to perfore, keep And other w any. of the terms, covisnants, or conditions herein contained, or on, Its part to be wforaed, the City day give Aerosmith writtek, notice to correct such tondJtN" or turf such default and, If any condition or default ORe11 continue for thirty (30) days after the receipt of such notice by Aerasoith, the City may, After the 1401's of said thirty (30) day period and prior to the correction ar erring of such condition or default, terminate thin lease by a thirty (30) days writtea notices City and Aerosaith agrot, howevor, that shouil Aerossith's default be for any reatan Other than- Aeratmith's default In the payment of the Rentals and lees is are provided heroin. City shall have,' upon default by Aarosmith, the first rights and Aerosoith Corporatian shall have the second right to purchase any or all of the properties theretafore constructed hr Aerosmlttr provided It, Aerouith Corporation, daft to under the taros And conditions. At provided In VIII. Cs hereinabove as the side spa applicable to Its purchase of properties an the tested premises, Airs CANCILLAftON er M OSUITa Aerasmith may tames this Agreeocnts iR whale or part- and i terminate all ar any of Its Obligations hereunder at any times by thirty (30) days written natiee, upon or after the happening of any one of the fattorirtg events: i+suante by Any court of competant luritdictlan of a permanent inlonetioaa JA any way preve09ing or reatraininl the use of said airport Of any part thereof for airport purposetl any action al the, civil t . IAA1 It . I Aeronautics $card and/or Federal Aviation Agency roiueing to permit Aarossith to operate 'nto, frog Or through said airport Such atrcrlft As AMsmith may reasonably desire to opera 4 th4rwnl the breach by City of any of the covenants or agreeamts contained and the failure of City to remedy such breach for a period of thirty (SO) day$ after receipt of a written notice of the existence of such broach= the inabillty of Aerasmith to use said premises gad 1`1e111ties continuing for a• longer period their' ninety (10) days doe to Any law or any order, rule or regulation of ay Appropriate governmental authority having Jurisdiction over the operatians of Aerosgith or due to war, earthquake Or other cOlualtyl the assumption or recapture by the, united States governmeet or Any a.lthori=ed a144cy thtreof of the maintenance artd operation of said airport and facilities or Any substant!al part or PArts therdof. e, XIIN ' COYINANT NOT TO GRANT MORI! RAYORAiL[ TtRNS • I Citr covenants and agrees not to enter into any 141110 contract, or agreement with any other person, firm or corporation with respect to the airport containing more favorable tares than this agreement or to grant to any other person, firs or corporation rights, prlvlle;es or concessions with rfSPOCU to 1Aid 4irp4rt which are not aecerdfd to Aarosmith hereunder unless the stmt rights, privileges and concessions are concurrently And Automatically made available to Aerosmith, X1Y. letCA/TtlR! O/ A MINIS?RATtON,~L„Q~ City, upon giving Aerosmith ninety (00) days Aoticd, may it any time during this Agreement recaltura the Administration lailding and, if It chooser,. the area imm4dittety Surrounding the Adsfnlstratioi luiiding it shown on lanibit 02' Attached hereto and do to under the following e41141ti4mrt PAlr 13 ,N. ' 1~~6 _ ' 7 , Y Ii{, JV`•/~LS. ♦y ,j +'Y' ~ ~~L. S~d :t}`y[ • ~s f ~t..~r SAouid. bit .r! ~ / ~ 1~•y,;r„~',Tx'~'= r, ~ r 3,~''` sleek is rr,eiRtar! etrtr.th Adiinlstritlon f`' r 16 Tx `~ai~' ~•Y ~k1`~ den l~f !Aerie ;rtllrmdul~R its right to mlubsy04ntly • 1 ~ °%usr , recapturr tbt ; arar ..shown On, • . lxh+elt o29 Irdedl~ttir y • y. ' Oun01n~ aitd bYildllg, I: r' r~M.: Should: the Cltr elect to recapture thr Ada1nlseratlan 16 r'f Building- as well as the area imaediatoly surrouodtng It as !hewn on rl'nhibit 2 attached, hereto, City !hilt provide Aerosaith, prior, to the-effective date of recapture, nighty ' tAegsamd (40.000) sgnart het Of asphalt raap•On Its teased ' propertyt the near ran p to be in An apprammleatr configuration of 100 a IOC feat, and upon the 44001etion of Wt r48P and Commencing With the Htective data - at recapture AerOsmith will thereafter pay to City ton (101) percent of all monthly parking and/or t1t•dore het which It receives our Its total reap' area. In thit latter connection-, both parties understand and agrot that that# planes owned by Aerasmith and/or Aerosmith Corp. 40 not pay parking or tie-dawn fees. C. Upore recipture by the City under A or 4 above. Aorosaith's ground Nast shall ttrminite aft that portion of the leased promises recaptured and noOln9 shall preclude or interfere with City's ingress and agrny s to and from such reclaimed property. 0. In that area recaptured by City It will not engage lot nor wilt It permit oily Third piety to engage In, the following activltiest 1. Avlonl0 Sales and lerviaia 2. Selling- Of Pilot Suppllis. tY 004ration Of a Might School e. Aircraft Storage S. Aircraft Malatereance d. Aircraft Sales ..,,~~.a{rsre,r, r. Aircraft Rental t. Alreralt Chir U r rAIIIE td F1 ~,2 ! uU !:V _ J J PF _ 1 1 Iue1 Sales Nor will city permit overnight or manthIy tte•dowa Should the Adjacent area to the Adeifllitration iullding be recaptured. XY4 aNi+tNrgr LIAR Aerotmith shall mat at any time assign this lease or any part thereof wi"Out the Consent to writing of Cityo provided that the foregOing shall flat prevent the Assign.ent at Any time of this lease to any corporation with which Aeraamith may merge or Consolidate or which may succeed to the business or Assets of Aerossith or a Substantial part thoreofl Such consent shall goat be unrotssanably withheld. Me aur~r tNaarHcNr a` City agrees that$ on payment of the Pont and performance of the' .ovenanta and agreements on the part of Aerosmith to be performed hereunder, Aarasmith shah peaceably hold Ard enjoy this contract, the iitased premises And 111 the rights And I privileges of said Airport# Its appurtenances And facilities, within the ltmtts hereie frontage xYtl. Notices to the City provided for heroin shall be sufficient if tent by registered mails postage prepaid$ addressed to Sze City Secretary of the City Of OentanI TOX611 and notices to Asrosmith, if tent by registered mail] postage prepaido addressed to Aerosmith Oentoe Corporation% 0entan Municipal Airport. 0doton, resat 74201. Or to such other rsspedtive addresses is either of the partial may designate in writing from time to time and forward to the Other. • 111 1AGC 11 IIFr ir.Y ~•r.i • . M • ra ti V, ` ' ip sy,.~ t a`"'. .A v r •,v e v, :~j Y ~ XYttt~ ttOtLtYt1Y AT l1piRATt,;w 0/ JAte Aerosmitih will quit pOSSess!dn of all promises relDectfvely leiffd heroin at the and Of the tore specified herolm with respect thoret0. Or Any' ronowal or extension thereof, and { deliver up such • promises to City IN as good eondieton as aatsted when 0011//11011 was taken. fair wear and t14r. lets of God slid the tlementse. as well as Any Other casualty not occasioned by the fault of Aarosafthq and casualty covered by city's Insurance, alone excepted. Xlx. . OM/ ANC[ VtTM 40V 111018ft"i 1106.E ATtON~ City warrants and represents -into Aeratafths and the same is. declared of the m once Wear. that said City$ In the tstabiishment, construction and operation of the said Otnton Municipal Airport, has heretofore and At this tine Is coa0lyfnt with all existing rules and rtgulatioas, and ;rltarie. distributed by the federal Aviation Ageaey.. Civil Aaroaautfcs 1 ~ I toArd,, or any other governmental Authority relating to and including, but cat limited to matte abatement, air rights and easements over adjoining and contiguous areas, overflight in landing or takeoff. to the end that Aerosmlth will not be legally 114ble for any Action of trespass or sfrflar cause of action by virtue of lay aortal operations over adjoining property in the cours♦ of normal take-off aotd landing proceduros from said Oanton Municipal Airport City further I werrkats and represents that at all times during the term hereof., or any rea4wa1 or extension of tht samrl that it w111 1 continue to comply with the foregoing. zX. I Nothing. In this Contract shall be construed as .legating I reaagetiatlan of the contract at the pleasure of both, parties : he~~etd. -...e ..-sir ' /AK It G~" F i ow e41 g f" 5 y . ro a, r . 9:. - x"'Yy I -.4 CONVICT or INT.UAIST City recogaites that this contract, as wars the prior contracts will . this instrument supercedes, was negotiated ,i while Aaratd•.th emplayeas v4pe sarviag as airport tanagers' without remuneration from City and war* not. At any tint amploytes of tag City. City therefore egrets that It data not news nap ,x111 It hereafters C141a that there exist 4mw canfl t of interest. In the ne9otlation 1t,41ng up to and COnawN4ted by tht axadution of this Afretatet. iN i1ITN[$S YNIRCOFs, the parties have executed this afrettent the day and year first Above writtans In multiple copies of like tenor and offects each of vhlch shall be daeoed in Original copy, CITY 0f FAT XAS IT: P516% MA K a, 5 CITY-OF OINTONO TEXAS AP?f1OY1O AS TO IICAI FOAM: 01,110 ATTORNEY, CITY OF OIAT01 TEXAS AIROSNITW OINTON OAPO ATION 4Y: , 2 , *1413 • SMIT n M Approved and ayraat as the same is applicable to Aerosnlth Corporation. # AIAOSN CORPORATION ME T PAGE 17 e*Ti1 ~',1 a~d^ d +!~e~.. 4.~ .rae 2 f,A t G 1 -i f ~,ti ~.a~r d Ja. .t .1 06 A~A i ltsitx~txlj at Itbd 1140411 b Doint• In tbo rlYt bo9innfn Yqq Aorotaith Coy b0undlrr lino Sald AorotmIthRr644.0 foot narthf a/ of , It" of ! tract of r acts the toutfiw4~e dcorner of Tktxct oast a dittanto of 41000 root to 4 Point ' ~ TNtxct north a efstartco of 212.0 f for a carnlr; TxtxCt w ae opt to a Point for a distanto of 150.0 f a earn#T; . rwict South opt to, a Dofnt f a dfstaner !f 10,0 f or 4 eornort 1 TNtNCt ,at to A Point far the' root bound~~Stanet of a eorrtlr; Y 't" 300.0 fNt to int ! TNtNCt Of S41fd Aor°S+r1th a Dct for a eornor in South along Trtet; Trset a distance of tj62.QoSt 6ourtdary 44"Afnfn0 509400 S foot h rrn,. of said Asrossfth Q W re flat of tied; apl ar lisegfndint Ind !I ' A w . . r ' i . r' . • ice, I:. 1~✓ r ` .Mia. PAU 18 h , r' SCALE. 400 ' , ` i 'L1MIT$ Of RECOVERAPLE AREA ' I L1MIT4 Of AEROSMIT" 1-ASE -jog M ex"101T No, MIA Es ANd Boom DESCRIPTION ~ GR4UN4 ADJACENT . ' ; . UM.IHNQ pEC TO T~AMIIyAL B OVERABI.9 OY 7Y F^~ cj MIIY11 OF AE . AOSIIlTHLFAS£ 2 2A r I • . EXHIBIT NO. IDENT~fNO. ~ ATION-DENTON MUNICIPAL. AIRPORT a ff £h - IL '.y. f ri . +T rn Yr'A Ik, ~ .iY 4. t M1 ~ . 7 r ,r A'v 1' d, r. I'~ n I , '~l si r. qt .tl' r6. LEGAL DEPARTMENT MEMORANDUM D&hra Adaml arayovitch, City Attorney Joe 0. Morris, Assistant City Attorney Robert Be hunter, Assistant City Attorney TO: Mayor & Members of the City Council FROM: Robert B. Hunter, Assistant City Attorney SUBJECT: Airport Least Amendment with Maverick Aircraft, Inc. DATE: August. 12, 1985 Attached is a cosy of the proposed airport lease amendment with Maverick Aircraft, Inc., containing the terms discussed with the Council at its meeting of April 2, 1985 with which Maverick subsequently agreed. Also attached is a letter dated August 5, 1985, from Attorney William L. Smith, accompanied by a Consent p Assignment of Security Interest in Airport Lease for your approvals As the attached documents indicate, Maverick cannot execute the proposed lease amendment reducin6 its leased premises from approximately 35 acres to 17 acres without the approval of its lender, U. S. Bank of Denton which claims a security interest to guarantee repayment of an indebtedness in excess of $500,000. U. S. Bank will release its security interest, however, if the City will consent to the assignment of its security interest to the interest Maverick will have under the new lease amendment. Because this assignment would not give U. S. Bank any greater interest than Maverick would have under the new lease and because this would enable U. S. Bank to protect its interest should Maverick default, I recommend approval of the consent to assignment and the proposed lease amendment. ROBERT - RBH:,j s I CONCUR WITH THE FOREGOING: DEBRA A. DRAYOVITUM xc: Airport Advisory Board Rick Svehla Bill Angelo Clint Lynch % Law Office of William L.' Smith. fr., Attorney Texas Mot Suite )04 160 west Oak Denton, Texas 16101 a i rns~ae>> August 5, 1985 Mr. Robert B. Hunter Assistant City Attorney Municipal Building 215 E. McKinney Denton, Texas 76201 i Re s Lease Amendment between the City and Maverick nircraft Dear Bcbs Maverick Aircraft, Inc., is willing to sign the lease amendment, a final draft of which you forwarded me on June 14th, 1985, with one contingency. As you and I have di3cussed, Maverick feels that if it enters into the amendment as written, it will be surrendering to the City a tract of real property in which U.S. Bank holds a security interest. Fortunately, U.S. Bank has agreen to release its prior security in- terest in return for the city's consent to Maverick assigning a new security interest in the property leased by the amendment. Therefore, I am enclosing for the City's consideration a Consent To Assignment of Security Interest in Airport Lease with an attached Release of Lien and Deed of Trust which are satisfactory to Maverick and U.S. Bank. If the City approves these documents, we are certain- ly ar.rious to execute the amendment at the earliest possible date. If you have any questions, please give me a call. Sincerely, 4~ 04 OVA ip, William L. Smith, Jr. WLS/gd Enclosures 2~ A ~S- ~ ~ Y" 9 .Y;mac r~•~ ^ f F 'y LEUAL DEPARTMENT MEMORANDUM Dobra Adamt Diayovttch, City #tE4ta0y Joe D. Morris, Assistant City Attoraty Robert 8, counter, Assistant Ctty Attatnly TO: Debra A. Drayovitch, City Attorney FROM: Robert B. Hunter, Assistant City Attorney SUBJECT: Status if Maverick Aircraft, Inc., Lease Amendment DATE: July 2, 1W This is to advise you of the status of the above-referenced matter. After several meetings with Bill Smith, Attorney for Maverick, a final revised draft agreeable to both parties eras achieved on June 14, 1985. In a letter to Bill Smith of the same date, I advised him we wanted to place this on the agenda for the July 2 meeting of the City Council. He advised me that he wished to have L,ie Council execute a document ratifying U.S. Bank's security interest in the leased premises so Maverick could get the Bank to agree to reduce the present 35 acre lease to 16 acres. I mentioned this at the Airport Advisory board meeting on June 17, 1985 and the Board desired some additional information from Maverick's lender as to the reasons they wanted such a ratification. I advised Bill Smith I aceded this information and a copy of the proposed ratification for presentation to the Board at its June 26 meeting if we were to keep this matter on the July 2 Council agenda. Bill was unable to get the information and document together by June 26 so he suggested we try foe the c~ext Council me Ang after July 2. Because ? have to prest:nt this to the Airport Advisory Board prior to submission to the flouncil, I told till I would hold off placing this on the agenda until he could get the materials to me. I last talked with him this morning and he said he hoped to be able to get something to mu in the next week or so. Please be advised that the delay is due solely to the ratification issue; a proposed lease amendment satiafabtory to both parties and the Airport Advisory Board has been ready to go to the Council for some time. ER RBH:ja r7=1 rrlllrr.~ 14 Itt i Qf d~"NTONiTArXAS w /N1C'PAL BUILDING/ DENTON, TEXAS 16101 /'TELEPHONE (817) 566,8200 June 14, 1980 Office of City Attorney William L. Smith, Jr. 100 West Oak Texas Buildin Suite 204 Denton, TX 761 Re: Airport Lease Amendment k°tth Maverick Aircraft, Inc. Dear Bill: I have enclosed the fine. draft of the above-referenced lease amendment with a proposed Retolution attached for your review. We anticipate presenting this to the City Council for approval at its July 2, 1985 meeting. Should you wish to suggest any changes,&tWe would need those by Monday, June 24, 1985 if we are to keep this, on the July 2 agenda. If the revised draft is satisfactory to you, I would appreciate receiving a letter :rom you to that effect so I can foxward the same to the Council for inclusion in the agenda mater►als- You might also ado se your client, and I request that you do so, that we 'nave recently become aware, on what appears to be good auth- ority, that Robin Aircraft has ceased business operations, thereby apparei-rly leaving Mavetick without a new aircraft dealership. The October 1, 1979 Aerosmith lease requires the City to notice of such defaults and further provides that such defaultsibe corrected within thirty days or the lease may be terminated. Please consider this as such notice to Maverick, although be assured we recognize that such default may be one over which Maverick has no control and therefore the thirty day compliance period will not be enforced is this instance. The City does expect, however, that Maverick will, within a reasonable time, comply with this continuing provinion of the lease acid secure, operate and maintain a new aircraft dealership, subdealership or distributorship on the airport. PlcaSe be advised that the City does not waive its right to later insist, upon proper notice, that Maverick correct this default, if one ex',lts, within the thirty day period. I look forward tc receiving your comments on the final draft of the I lease amendment Sincerely, Robert 8. Hunter RBHtjp Assistant City Attorney Enclosure 1,g?~ T ; s,y y r a ,S A r e iy- u 1 F r eYT LEGAL DEPARTMENT MEMORANDUM Dtbra Adami Drayovitch, City Attorney Joe D. Norris, Assistant City Attorney Robert S. Hunter, Assistant City Attorney CONFIDENTIAL--LITIGATION PENDING TO: Mayor and Members of the Cite, Council G. Chris Hartung, City Manager FROM: Robert B. Hunter, Assistant City Attorney SUBJECT: Update on negotiations with Maverick Aircraft, Inc. DATE: April 2, 1985 I have attached, for your information, a copy of our letter to Maverick Aircraft dated March 5, 1985 and a copy of Maverick's' response thereto dated March 18, 1985. You will recall that the contents of our latter was discussed with the Council on March 5, 1985. Maverick is willing to accept all of our proposed terms with one exception. They do not want to agree to be contractually bound at this time to demolish the north hangar at some uncertain future date. I have discussed this with staff and the consensus is that the need to bring these negotiations to a mutually satisfactory conclusion outweighs any advantage to the City in achievir% Mavericks capitulation on this point. Maverick may later agree to do the demolition work at the City's request if economic circumstances permit. However, the City would not be required to offer the demolition work to Maverick. In any event, Maverick will agree to vacate the north hangar u on sixty days notice of they City's schedul-,d date of demolition but not less than ninety days after approve,l and execution of the 'cease amendment). If the Council has no objections, we will proceed on the basin that we have reached an agreement. I am informed that the survey of the property involved is prcgresaing and when we have the proper field notes we will incorpporate the same into a proposed lease amendment for consideration by the Council. fJ.. lt.., li~z- ROBERT a HUNTER RBH:,j s y.N 1W, I ciryof DENTON,TEXA3 MUNICIPAL BUILDING / DENTON, TEXAS 76201 TELEPHONE (017) 566.8200 Office of City Attorney March 5, 1985 Mr. William L. Smith, Jr. Attorney at Law Texas Building, Suite 204 100 West Oak Denton, Texas 76201 RE: Airport Lease between City of Denton and Maverick Aircraft, Inc. r Dear Mr. Smith: The City Council, the Airport Advisory Board and the City staff have carefully reviewed your proposals on behalf of Maverick Aircraft, Inc., in regard to a fixed base operator's lease with the City. It is felt that the desire for Maverick to be a viable, economic enterprise and the desire to promote the planned develop- went of the airport are not, nor should they be, mutually exclusive goals. To this end, I am authorized to convey to you the following proposal: 1. Maverick will release to the City all of that property north of the road entering the airport leased to Aerosmith under the 1979 lease, save and except the fuel farm and a common easement for ingress and egress thereto. The remaining property, approxi- mately sixteen acres, Maverick will continue to occupy under the terms of the 1979 lease, including an additional 52.5 foot strip approximately 700 feet in length adjoining the southern boundary of Maverick's property to be kept free of any and all obatructions or improvements except pavement. The intent, to be specifically incorporated into a lease amendment, in to allow Maverick to pave this strip, if it so desires, to allow aircraft access to its property from the soy. % while keeping this property open as a clear area," it being the intention of the City to construct a taxiway adjacent to this stripp. This taxiway mould consist of 35 feet of paving and another 52.5 feet of clear area on the southern sided ~ w 'u~'M1'1^'.19:~ ~~'?'f' e~~ 'N:'tiVLba*~~.Y..i'7t' ~ J *ri5A~'f•, F y~`S y~t.r~"t r:' ! , ° k William L. Smith, Jr. Merch 5, 1985 Page 2 ' Should she City not commence construction of this taxiway within 90 days of written evidence from Maverick that it has a financln commitment for construction of hangars immediately to the south of its existing hangar%, then Maverick may lease the additional 87.5 feet and construct the tax.tway with its own funds under the same terms as the 5265 foot strip leased previously. The City wiuld then have the right to lease all or part of the taxiway back from Maverick at a rate calculated to reimburse Maverick for the actual costs of constructing same on a por foot basis. 2. Maverick may continue ti) use -he north hangar at a monthly rental of $250,001 Maverick will occupy the building as is, waiving an/ clams against the CLy for any damages caused by structural defects and agreeing to indemnify the City for any such claims by third parties. Maverick will agree to vacate the structure upon sixty days notica (but in any event, lot less than ninety days from the execution of the lease amend- ment) of the City's scheduled date for demolition. Maverick agrees it will demolish the building, removing all debris from the premises and retaining all salvage materials therefrom, at no c..8t to the City, if the City so requests. Maverick may terminate its month to month tenancy at any time by notice in writing to the City. 3. ,faverick will agree to a lease amendment, providing for the payment, to the City of $.05 per gallon on all fuel delivered to Maverick. The City will agree to waive any claims it may have for any alleged underpayment on fuel sales to date. 4. Maverick will retain and lease that portion of the concrete ramp area from a point approximately fifteen feet south of the centerline of the ramp in front of the Administration Building to a point adjoining the remainder of Maverick's leased premises, such area containing fifteen aircraft tiedowns. 3. The 1979 lease may be amended to grant Maverick an option to lease a parcel of land approximately 660 feet by 510 feet to the south and east of the other leased property described herein at a rental of 2.5 cents per square foot. If Maverick is not prepared to develop this property within eighteen months the opption will lapse. Maverick will pay the City $500.0 for this options 64 Maverick will agree to a lease amendment providing for the payment to the City of ton psreant of the revenue collected by Maverick from aircraft tiedowns, waiving any claim against the City for recovery of revenue paid volunte.rily to the City previously. z7 l~f ~Y dk Ts.ijl r. v+ r c., 71 yr, William L. Smith, Jr. March 5, 1985 Page 3 7. All pending litigation between Maverick and the City will be dismissed. The City cannot guarantee future approval of any revenue bond proposals at this time but would give Maverick the same serious consideration given to any other business at the time such proposal is presented. Whine the foregoing is not to be construed as any admission of the respective legal rights of Maverick and the City, I feel that this proposal represents a fair and equitable resolution of the problem. The property involved is depicted in Exhibit "A", attached. Should this proposal be unacceptable to Maverick, let me know at your earliest opportunity. We will then consider the offer ' withdrawn and let the Court determine the matter. Sincerely, r 6. 0"~ Robert B. Hunter Assistant City Attorney RBH:ja .d , THE STATE OF TEXAS K COUNTY OF DENTON 1 CONSENT TO ASSIGNMENT OF SECURITY INTEREST IN AIRPORT LEASE WHEREAS, the City of Denton, Texas, (h•sreinafter "the City") and Aerosmith Denton Corporation (hereinafter "Aerosmith") entered into an Airport Agreement on the let day of October, 1979= and WHEREAS, certain real property leased to Aerosmith by the City under the above described Airport Agreement was and is subject to a deed of trust lien more fully described in a Deed of Trust executed by Aerosmith to Nita Lambeth, S,:ustee, appearing of record in volume 430, Page 947, of the Deed of Trust Records of Denton County, Texasr and WHEREAS, the above described Airport Agreement has been assigned to Maverick Aircraft, inc., (hereinafter "Mav- erick"!, and the above described deed of trust lien has been assigned to U.S. Bank of Denton, Texas (hereinafter "U,S. Bank"), which is the lawful owner and holder thereof; and WHEREAS, contemporane:usly with the execution of this Consont, the City and Maverick have entered into an Amendment to Airport Lease Agreement Between City of Denton and Maverick Aircraft which surrenders to the City a pt-rtion of the real property subject to the above described deed of trust lien and which bases to Maverick certain real prop- erty which is not subject to said lien; therefore; The City of Denton, Texas, in consideration of and contingent upon the execution of a Release of Lien by U,S. Bank releasing and discharging the above described deed of trust lien, hereby expressly consents to the assignment of I a security interest by Maverick to U.S. Bank in the )ease- hold estate conveyed to Maverick by the toraul of the above CONSENTfo AS97GNKDT OF SECURITY INTEP,ZST - Page One I R~ y+~,v ar ~x A'SS' iJr "tSt 'CQ y,"r v",r 7, - }4' v v e yv, described Amendment. To accomplish the release and assign- ment called for herein, the City consents to and approves of the use of s Release of Lien and a Dead of Trust identical in form to those marked Exhibits "A` and "8•, respectively, which are attached hereto, and which are incorporated herein by reference, any Lhe City expressly consents to thr exer- cise by U.S. Sank and/or the trustee named in such Deed of Trust of any and all rights and powers thereby conferred. The City further stipulates and recognises that the Deed of T-ust .:alled for herein shall constitute a novation and extension of the original deed of trust lien describedo above, conveyed by Aerosmith to Nina Lambeth, Trustee, the validity, force, and effect of which the laity hereby ratifies and confirms. EXECUTED this _ day of _.._-,lg85, THE CITY OF DENTON, TEXAS 8Tt RICKA 0. STEWART, MAYOR ATTESTS CHA TE ALLEN, CITY S eRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ^ITY OF DENTON* TE//XA/IP BY s & CONSENT TO ASAIG M VT OF SECURITY INTSREST - Page Two ~ 9AC:n i Y..;_ a-.~ z wL x , cn«.,.q ~-~m++~p'S•-~re~ S..g,. -,.om~~.~,M , u A~7w1 rg. ~ S . .5:.! t ti M1M f . by 0111" s ~ Tem IM "a by x E OP LMM THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY I NESE PREbLNTS: t m II 'T'HAT the undersigned, of the County of . .....................PM,0.p , and state oI TeR,u, the legal and equitable owner MW holder of that one certain pr,Nt i" note in the original principal sum of.....CHg_XhIEHDBIdl,.TNIRIEEL.THOOSMI)..A21r:.,NDL140--,-».- ---------•-r-r.-rza-r.r.-r ~.r.-.......-... . ..............................................................Dollan (><.,,..11.hO.W.,.QQ............. dated...... P ~ executed by 4~Mlitl.?><I!T9N...GQItQJ'A.T.E4. _ payable to the order of GItL,6NS!l1.LL. AVLNI?t..sA?iJC. i, M.T amore fully described la a QI.C.D.. I..TRWS.2 duly recorded in Vd.._.430 page...,.90Z.... - ...01the....,..019D.M.-T1UAT ............._Recordsof.....,09=11.................. C-'Vy.Taaas; sa:d we being wured by.....Sa1D..DIM.M.t.RII;ZT..11gal against the following oescribed property, to-wit; a THE LEASEHDLD ESTATE IN AND To M1 OF THAT ' CERTAIN I#.", TUCT, OR PARCEL ~5F U%M DESCRISIZ IN EXHIBIT "A" WHIM IS ATTACHED HUM AND INCORPORATED HEREIN BT REFERENCE, for snd In consideration of A~efolkaotkitafopstarttandaY Yriadeltefwtsaamad rather„ and other pa anot luable Ay4he the receipt of whkh is hereby acknowkdged, has released and discharged, and b these by presents hereby releases and discharges, the above described property from all flea held by the undenlgned wuring uld Indebtedness. EXECUTED this Illy of 0t11). 19..51..... U.S. SAM of 01!1101111, TEEAS FEEIIDSaF! EXHIBIT "A", Page I of 3 W;~ Tr *w 7'. t j ( 4k q J. , STATE O? 1`F)CAS 3 COUNTY OF f This loetrumeot w" acknowledpeid betas oif on tie day rif i9 Mr commision eapi~es: » » Ndary Public, Sass of Tens Notary's prlewd rime: (Acks"Amdpese) STATE OF TEXAS 1 COUNTY OP r by Tkis Intrument was ;ckoowkdded before me oo the day of , 19 , My cootmlaJon trpires: Notuy's Pub namr. lean a (Cerponih Ack"wiedpseso STATE OF TEXAS COUNTY OF DENTON Tick lostrumeat was ecYooww" baton me on the day of If9S , by Donald E. Wriyift President of U.S. Bank, Denton, TX , / " Taxes eorporslioe, on bebaE of saw oorporetim my commissio" expires: Notary Public. State of Tau NWUy's printed asaw AFTER AECO*DtNO RETURN TO: MPANtA W TMI LAW oqK t (Ki Maverick Aircraft, Inc. William L. Smiao Jr. 201 Taxes building 201 texas Building Dentono TX 76201 Dantonp TX 76201 EXHIBIT "A"r Page 2 of 3 R ~ '~~I }y w ? t W.~ -,1 F' ro w EXHIBIT a"A" f BEGINNING at a point In the north property line of a tract of land out of the Thous Toby SSurvey Abstract No. 1265 and We. Neill Survey, Abstract No. 9j0, Denton County, Texas, said tract being in the a w of P. F. iraen and descr!bed In Volume 122, Page 163 of the Deed Records of Denton CountyY, Taxes. Said pclnt being the northwest corner of ss4d tract and also being in the south line of F.M. Road 1515; THENCE west with the south line of F.M. Road 1515 a distance a" 350 feet to a point for a corner; THENCE north a distance of 1000 feet to a point for a Cala'~er; THENCE most a distance of 630 feet to a point for a. corner; THENCE south a distance of 1600 feet to a point for a corner; THENCE east a distance of 1164 foot, more or less, to a point for a rorner, said point being the most westerly southwest corner of the said green Tract; THENCE northerly with the west line of said Breen Tract a distance of 600 feet to the place of beginning. EXHIBI'T' 'A", ?dye 3 of 3 S J. R M sr' - , ti1s4 gams N.- :0 tflu aT Itrft}; ~a(+,M,~IV(~f eaa7b6 atal'arcML}e~ t ~+utttK'r~irerrrn,r ea , a►clf+ ~ OP ilci . , , STA ?7; ` T~ C0UHT"Y of D a Know A11 Men to These Presents: ENTON That MAVEkICK AIRCRAFT, INC.. of DENTON County, Texas, beedaafter t&&d `Debtors" whether one or more maseutine, fem:7fae or scooter, in toadda.atioa of the debt hereinafter described god the twitter consideration of the uses, puq"-s sad trusts herein act forth, have, granted. bargained, gold, afeaed. conveyed ad tosdrmed, and by the" presents do grant, bar• pin, sell, OHM convey fad coldest into DON L3I0111+' (hereinafter called "Trustee") and hl, satcestors and/or substitutes fa Vgn 16 hereinafter prodded, aR of the following described property, lying and situated In the County of DENTON , 4, the State of Texas, to-witr THE LEASEHOLD ESTATE IN AND TO ALL Or THAT CERTAIN LOT, TRACT, OR PARCEL Of LAND DESCRIBED 1:1 LXHIBIT "Arr SA(ICH IS ATTACHED HERETO AND INCORPORATED HEREIN DT REFERENCE, d together with in irtovemente the"os, or hereafter to W placed thereon, ant all and singular the rt9bb and appurl# maotts to the same belonging or in saywlso incident or Rpptrtaintmg. TO H,WR AND TO HOLD unto the Truttee, sod to We suetes,ors and his and lWt as. Igna forever, hereby car. taaatiag and agreeing to totem warrant and delted the premises afort ale, and every fart thereot, unto the Trustee and to his "ecassora La trust and his sad Iht(r 16119" ►gainer mil persons whomsoetu Lawfully Claiming of to claim the "me or may pan thereof for and upon the lotlowiag trusts, terw,s and condltkms, gawk; That, Wherraa, Debtors are justly Indebted to U, S, BANK OF DE,Y1'Ol(, TEXAS, hereinaltu called "Benedc4rl: s" whether one at mare, m16eullne, femiaine or neater, as evidenced bar cartels prom4wry mote(s), %iWuLxbw*otudk egetuted Ly Debtors and payable to the order of 9enedctarMa at DENTON , Ttaak as foltowdt NOTE NO. 00083302201 DATED JULY 10, 19841 IN THE ORIOINIt PRINCIPAL SUM Or 4I253,000.00, PAYABLE IN MONTHLY INSTALLMENTS AS THU9111 PROVIDED, NOTE NO. 0005510681, DATED MAY 20, 1985, IN TAE 02101M PRINCIPAL SUM Cf $248,058,46, PAYABLE IN MONTHLY 1113TALI}(E)fTS AS THEREIN PROVIDED. EXHIBIT ►0n, page 1 of 6 77 .Les- 1'. a x s r dr. i' .-rt rti ,sea v < s x s~, spa It is arced that if default be made In the pV=eot of any prucopal or klereet ad SAW note, or In the performance of the cover a-its or egrttwtate herein contained, or bay of dare, 1hto as the sold" of the lop, holder of said note, the whole of the principal debt bereis secured ahoy become data set payable, sad may b eollerte/ by a'St or by prec"ainga hereunder; and It It (mriher agreed if meld indebtedoese is cot paid when due, and It placed to the hands of sn attorney for collec- tion, or if canceled through Probate Court, a reaweable amount as prorNed le aid more shall be added me atiorney's Ices. it it also agreed that this Deed of Trutt towers any and all renewals of the above described lodcbtedneu. Now, should Debtors make prompt payment , r u14I indebtedness, and pas, or cause to be paid, all other Wetted. nets aecared by this oon,eyance. Suits principal and lnterest, as the area ska,f become due sad payable, and strictly comply with all the conditlorn sod repuiremenio holds provided, thta this conveyance shall become son and wait and of am further force me eRnt. and iSan Se released at the cat sad expense or Debtors. Not should Debtors sake default In the ounctud payment at mil-t indebtedness, or guy pan thereof, prhulpsl or Ialteesk a the some shalt Siemens due and payable, or should Debtors in any .-aspect fall to keep and fwlorm any one or more of the condhlone berele provided to be kept and performed by Debtors, then, in ay sucb case, As y-bole amoumt of said Indebtednea remaining Ibsen. At the option of the holder of amid indebtrdneto, (min"Icly mature and become payable (ueleu othertnlam specifically provided betels or in the we or notes secured hereby) and 11 shall thereupon, or at any time thereafter, the arts, or any put thereof, remaining unpaid, be the duty of the Trust" and of his ouccttWr or substhste, as hereinafter provided, on the rtirost of the holder of aid Indebted. ness thereof (whkh requeot If hertley presumed) to enforce this fruit sad after sdteruslsr the time, pun (including Iha~(s the County where sold resl estate shall be sold) and terms of the sale Aden of the m»ae obsessed and described properly T any ,Art thereof (the prirnege of alltmg In whale or It part being hereby granted) for so lent twenty-one days successive y ate: Wore the day of ale b posting asp wdtkd or Honied notices thereof at the Carl House Door of each County. In which ca, portion of ale feat estate ISO be altated; and after RtseAcfarles or any nthir hold" of the Indebtedness secured hereby to whkh Iota power of safe described herd Is related shall bate gives written marks of N proposed sale by certlAed malt to A Debtor oblipttd to pay each debt according to am records of such holder by doroWlIng Itch eosin, enaloeed In a pottpsdd wrapper, propene addressed to oath Debtor at the most recut stiletto as shown nn 1St records of the holder of the debt. In a Post Office or cM cial eltposhory anger eke care and custody of dm Unshed )btu Postal Service for A period of at least twenty-one (t1) es)a reseeding the date of ale designated Is Amid lorke (the aAldark of any perms having knowl- adp of IS$ full an the effect total such service was completed snit be proms here erldeaee of the fact or ser,ke). to all the acme, let accordance with such advettlamal, at public auctlon, at the Court }louse Door of the County to designated IS the prate of Amu In sold sports of ale, be the test Tuttdmy In soy alosth between Ike hours of Its o'clock A.U. end four o'clock P,kL to the highest bled" tot sash, selling am property above corselet as sa entirety or In parcels as the Trustee easy elect. and make come conveyance M r o prahsser or pwraha"s, with general warraply, bloding the Debtors and thole heirs and usfpa mad, out of the mosey sliming from each Iola, the Trustee acting shag of yt Area, all the expenses of adrertiming sale bad confessors, iaclud(sA a commisslen of I" per coot to hlmaif, and then to the holder A said Indebted. nest, the felt amount of principal attd Interest due end onpald as said indebtedness, as hertinbefore set forth, slid atl taxes, esafamtita, insurance promises or pee" advancements made se provided fa bottom, with Merest thereon, rendering the balance of the purchase moue, of tray, to joie Dtbton, their Store or assigns; end told ale "ban forever be a perpetual bar spinet the Dolowes, their hake :ad aaips, ad all enter persons claomlug leader any c1 chiral, is is topreisty agreed that the radal$ In the eonveyaace to IM purchaser shell IN full evidence of the track of As nuttier therein listed, ant all pro- regeleltes to sold mail sh ll be pretamst to hays been performed. The holder of said lodc'atednemi shad kart equal tights to barium 1M purchaser so such ask basS the highest bidder. It case of sbatea, death, Inability, "feu( or (attars of the Trustce hotels arced to am at I( Ibenefc4rka should for sty reaoa whatsotver dtetre to have soothe party act it Trustee hereunder, f soausor and substitute may be versed cam- aiisted and appointed by the border of odd Indebtedness, without other formerly than at appointment and desipatlos in wridal; and this eonvoysste shad oust In him, as Trustee, the *plate And 1114 in in said premiums and ha shall thereupon hold. posters aid mauls all its title, rights. Ouwers aid duties liertia conferred on mid Trustee named, and his coaverann W the purchases shall be equally rated aid effective: and such right to appetal A eooteaor or substitute Treece shall talst u noted find whent"r from any of sold causes, any Trustee, original or subatialo, cement or will sot at a it rit"Aclaries should desire further subsdtutrs fa tiny cause, If 'A acted sr 1 stipulated that Debtors shall *ad will at their owe propw toot set expense. keep the property and premises basis described, and upon which a Des to hereby gores find treated, In pod raffish, and eoudRroo, and to ply and "Wee as they are or may bha sat psysb}m, an tales and asaumente that ate of mar became payable thaton under any few, allotments or regulatioq whether wads by Tders% Sate, Uvakopm! at say other "dig s oborky, and iNif keep said property We Insured Is ymme company or compankl eppeoved by the Solder of told hsdebtedses►, to whom the less, If any shlM be payable, and by whom the policies shaft ho hepk And In rW of default rude by Debtors is petioreuora of ay of the foregoing uipu4llxe, Iota amt may be performed by the holder of u(d Indebudeesa for account bad mI she impeae of Dobta•. and any brag all apnsu Inewrred and pad I% w dolog shall be 04yab4 h Debtors to bolder of MIA Indebtedness .~-a'aleaat at she bighest kwfel rate per slows permitted the^*" Is Taso from do date when, the area via w incurred or paid, and slut! egad .'"W#4 And payable by aed ender this deed Is she Wage" wkb mho other imdewednsa heroin enta• toted, ad the 1"At ut selers of lark expuse and time when paid shall be Said fell established by the aAfdsvit of the bolder of Amid kdebted Lose, or the bold"'s opat, at by ohs rattly mate of say T.amlel acthsg bereoader. Provided, flowerer, that the entitled of the 064 Of ahoscemr t "tm bowled W eoot:dered of consdooa a waiver of the r(gott of lha holder of sole udebledrttu an d"leto same, -A an ale" ledebitdeesl heresader to be al pom due Into payable Is tha meaner provided battle IT 13 VNI)FRSTOOD AND A01=1D, that Photo Ike phrrsr, "klghese lewfd fait (of Inief it) per shaven par. mtaad thereon hs Taw", of words of lies Import le used berths, the nu of Mars dell bo Obe rate payable co an part due pna tpd act an put due hiereet as sot out Is the nom, or other dew Instrgssal. heresy secerei IT 13 RSPEClALLY ADAR19D that when, is Ind if may accelerated malurho of say sear so;wtcl icy this instrument ms/ be declared doe under a urm of this or toy a" pepar evidential the dew of gay pen thereof, that the maxtrows amsutt that can be eonecud w a as "cou r of the debt shad Its the prbeipal Ambuat mold sad Warne Actual to the data e: payment at sat to merest the bighest kwfd raft per •mnam permitted thetsa in Taxes. net a say possible coa• strwtm o) any and all of fie 14"n may seem b locate say rosohbisty of a different power form b its aedifnr at any olhaky to ask to, Aaotud, ou toed" say left i rate of hstesat Of pate" c"taal Uut anent k a milt eke M cmkoktlen or wotdkg *hkk shop clause k kateaded la ersrrhde and uttered. IT IS FURTHRR -.CRUD dbl. Is the true of a foreclunta sod" the Power granted baths, to era" In poo ea- dui said property, or of ON etslm(sg and" home and la Poo k.86" a Meant at abo wiK shad that* is bttooli IM tensile •1 wall of Ilse ptfchaler at lack far osaoae asks end Polaroid swlt hum refuse to serranger paMeelea at µµN property ups demutd, the pa thew " there few be sa11dsd M Anst4n l sad mhitrle fit* natueery action of forefl4 ed ry gad deMher, tell koeure a trrh Ad poruselai dr"ead". EXHIBIT "Bwr Paqe 2 of 6 gg~ y1V 1V TN;a t1YEYANCI IS Af,S¢ MJ~aE IN TRUSTtTO, SECURE An moitt'n tRE``TAY?iINT Gr''ALL OTHER IUDEa1S1 SSE$ OF "k XAEEEA Or SAID110!9 to ELIILPICIARY psi, I T1Y LtlsttNC OR WHICH MAY IN AIh MANLIER OR MANS HUZAF7ER EE Ili SY tit! AKl~ OF SAID HOtE AND EVIDEdCED IM AMII,MANNER IrHAYSOEVERe EITHER I<T ND?LSe ADVANCESS M , OVERDLMSO KStWO "TRIES OR ANY OTMR METHOD UR MEANS, IT VINO IXPRESSLY r.GRE9D AND UNDER- TODD S THAT ANY AMD ALL SUMS ON OWED TO OE RMAFTER ADVANCED IT SAID BENEFICIARY TO THE HAKERE OF SALO RM SHALL It PAYABLE AT DENTON IN DENTON OR OTHE'l tVIDENCES OF INDEBTEDNESS GIVEN BY THE MAKERS OF SAID NOTE TO SAID BENEFICIARY& AND THIS IN- STXoKIXT IS w$0 EX".CUTPA FOR THE PURPOSE Or SECURING AND ENFORCING THR PAYMENT Or ANY RENEWAL AND EXTENSION Of ANY NOTE OR OF ANY PART Or THE SAID INDEBTEDNESS OF THE MAKERS OF SAID NOTE, AND INCLUDING ANY FURTHER LOANS AND ADVANCEMENTS MADE BY SAID BENEFICIARY TO THE MAKERS OF SAID NO!' UNDER THI PROVISIONS HEREOF. THE FACT OF RZPAY1tENT OF ALL INDEBTEDNESS Or THE IVAIU OF WD NOTE TO SAID BENEFICIAARY SHALL NOT TERMINATE THIS MORTGAGE UNLESS THE SAME It SO RELEASED BY SAID BENEFICIARY AT THE REQUISt OF THE MAKERS Or SAID NOTEI KIT OTHERWISE IT SHALL REMAIN IN FULL FORCE AND EFFECT TO t;ECURE ALL FUTURE ADVANCE3 AND INDESTEDNESSES, REGARDLESS Or ANY ADDITIONAL SECURITY THAT MAY BE TAKEN A4 TO ANY PASI OR FUTURE INDEBTEDNESS, AND SHALL BE UNAFFECTED BY ANY RENEWA[S, RXTENSIONS OR PARTIAL RELEASES HEREUNDER. I THIS CONVEYANCE CONSTITUTES A NOVATION AND EXTENSION OF A PRIOR DIED Or TRUST: LIEN MORE FULLY DESCRIBED IN A DEED OF TRUST DULY PECOROZD IN VOLUME 430, P;sGE 941, OF THE DEED OF TRUST AECORD3 nF DENTON COUNTY, TEXAS, EXECUTED BY ALXO- SMITH DENTON CORPORATION TO NINA LAMBETH, TRUSTEE, SECURXNO PAYAENT OF ONE CERTAIN PROMISSORY NOTE DATED SEPTEMBER Ise 1916, IN THE ORIGINAL PRINCIPAL SUN Or ONE HUNDRED THIRTEEN TrouSAND DOLLARS (¢113,000.00) PAYABLE TO CREEN- VILLE AVENUE BANK R TRUST, EXECUTED BY AEROSHIT11 DENTON CORPORATION. SAID PRIOR DEED OF TRUST LIEN HIS BEEN RELEASED AND DISCHARCED BY U.S. BANK, THE OWNER AND HOLDER THEREOF, BY RELEASE OF LIEN OF EVEN DATE HEREWITH AS A PART OF THE CONSIDERATION FOR THXS CONVEYANCE, THE INDEBTEDNESS HEREBY SECURED IS GIVEN FOR AND REPRESENTS SUMS ADVANCED B( U.S. BANK OF DENTON, TEXA.i, TO MAVERICK AIRCIU1T, 11C., AT ITS SPECIAL INST- ANCE AND REQUEST, AND BY IT USEU 7'0 TAKE UP. PAY OFF AND DISCHARGE CORPORATE DEBTS, AND IN FURTHERANCE OF ITS CHARTER POWERS, AND GRANTORS EXPRESSLY REP- RESENT THAT THE OFFICERS INCURRING SUCH INDEBTEDNESS AND EXECUTING THIS DEED OF TRUST ARE THE LEGALLY ELECTED, QUALIFIED A?lD ACTING OFFICERS OF SAID CORP- ORATION AND ARE EXPRESSLY AUTHORIZED TO INCUR SUCH INDEBTEDNESS AND EXECUTE THIS DEED Of TRUST BY RESOLUTION OF THE SOARD OF DIRECTORS OF MAVERICK AIR- CRAFT, INC. Notary Pablk,_.,...,...,.._._....»___........_...........County, •rexa. My Cootmf, eba Rather, , ACKNOWLEDGME?ff THE STATE OF TEXAS, COUNTY OF._....„... ,1 BEFORE ME, the udrrdtTned authority, In and (u mild County, Texas. oa We day personally cppecred.... , knows to me to Se the Persoo....._whoee ac"_ sallerlUed to the forepotns k WORWAL and IckrowkdR ed'to me _ ..••..kt_.w,uecated the ume for Ilk purpoara aat eoneideratbn theretd ea that passed, GIVEN NDER UY HAND AND SEAL OF OFFICE. TNs....... aye A.n. It . , . Notch PdWk__._.....,_. ._..........._....._._..County, Tear ky Commi,rba Eayree.._....._....~~_........_... CORPORATION AC"OWLEDCMENT THE STATE OF TEXA!!, COUNTY BEFORE MR, the skdaraldned ast11or;q. to cod for ark County, Ttess, es thle day ww,tany a 1S P.R r elRa.._.. ppeuet.,.„~~jee w11naa Same b wlnribel es tp Ix - _ksows u the o /e the per" and ot6ctt ?IAVEEI AIRCRAIrFe INC.F Inatrsmene ant .xkaewSedt{ad !s we that the u e war the act N the mild __0.._ a corporation, and (116116 aacsbd eke saw to the Set of eocl eaprcated, Ind It 04 eap"hp Awthis writ t0f ar)"'t Ior w psrWee ant waWera rtoa (4erA-I GIVICK UNDRR MY NAND AND SEAL OF OFFICE, This A.A. it__...~ (t~S.) Neeary P■Mk _.Cosefr, Teaea My Cpn_ mbalaa Eapiree. , EXH151T 15", Page 3 0: 6 w.atsrr ~ `+LY~f ~r p•r.,t ~ri":,._v,'4a ro?,~ * „c r s, 12~ 0r i .6 . ! y i WITNESS MY hand this ay of A.D.It ATTESTS & , 077f0 E. HENDERfiON, SR. WILLIAM L. SMITH, JE. PEESIDEN2.____..._..._, SECTY.JTREASURER ACKN01VL8 CMENT THE STATE OF TEXAS, COUNTY BEFORE ME, %.,a undtreipned authofity, OF......_..____._.__._......._,.._.~ In and for said County, Taxes. on this day pereonstty appeared_ .........r........ `._...Mhwt Y wmf _ _ . . e.... ed . _ knows. to me to be the fwo o the fofepoinp imtromesk sad scirsowkd ed to me that eaecoted the same for the prrposes and considtrat)oe therein tapreeeed. OIVSN UNDER MY HAND AND SEAL OF OFFICK This day A,D, 10..._. Notary Publie.'_.. County, Teens say Commietiot Eaplro.__._ ACKNOWUDGAIENT THE STATE OF TEXAS, l BEFORE ME, the anden!pned neth„dty, COUNTY OF J in and for sak County, Texas, x this day personaliy sppurtd._ . %a Person _._.whare name,..........,.. subscribed to the forepd_ef IaNrummt and scko _ knows W me to F. nawkJeed to W. ......he..._..usrtted f:.e same for The purpose and toneldttstion therein owtsled. CiVEN UNDER MY HAND AND SEAL OF OFFICE Thb..., day of.,,,_ A. D. 19....... Notary Publiz . County. T, -k _ hiy Comadabn E■plans,......~,__,.,...,____.,__,~~,_., CORPORATION Afw„ NO1VUMNENT THE STATE OF TEXAS, t BEFORE ME, the rndudpsed arthority, COUNTY Is a/ roe said C"ism Tend, oo this day peuonatiy wsa va~o~ 4 Inhserp ed to she far -knowa to and to W the Wang and olster bo _ MAY m- AIRCRAF ~B ht,trtmeat end pcknowledped to me 6061 04 urns teu tkt act of iha salt T, INC. a Carom Ila% , tnd eh$I he eateetel 64 ague is s!e Oct of Itch eat"nLIM for the lwrp*w tad milde+atbn thettia eapresytA mad to tW espmehy AerBa l W4 GIVEN UNDER MY HANDANDSLALOPOFFIC$ThLe-__...._.._ ay ,A.D.It_..- Koury f'vislk County, Tens WyCommlatoa Wire „__,u ' ' rim..- - - . LJ!'fISIT aSae Pagb 4 of 6 w r k EXHIBIT "A• TRACT ONEt All the carteld 16.34 We tract o. riot William Rkit Bury, Abet-•ct 1fo04 ~r~ of lead =448, ad in Rurvay, Abstract ale. 12&S, NW6 ' Qouet 0 444 the Toby part of A. treat Shown b deed to the IF Cit of Tex s,, SAW tract being e Valusa.303 Pisa 210" Opted Records yy Anton and recorded being more fully described as followas , Denton County" Texas and gCCINNINO for the northeast corner of this tract at a.lron pin, sill iron pin being ou th a couch ri h!- Road 115151 said earner also bolaas i ofd a Of >RarQ-%,J*Markat being the 0rthwiit carols of i tracC outh i 02 09 31" east 50.0 tact tract; eatd corner also green and recorded in Volume 4271 Page 183 of bi to dud rPatrick F. THENCE south 02009051" test with the east lane o and the vest lice of said groom tract f acid City tract a point for a corners a distance of 589419 Get to THENCE south 88444'36" vest a distance of 1154.70 foot to an iron pig for corner said corner being east 66.0 feet frog the canter line of an existing taxiway; THENCE north 06001126" meet 66.0 feet east of and para;lel to said. foracoraers said cornerebeta~ 403.85 tfeat a to a whose radius to 263,14 teat; to roth,a e"ft THENCE northwesttrlr with said curve a distance of 174,75 flat central angle 35 17 13"1 chord bearing north 23 49421" tut to a railroad spike (Or the sad of said curve and72ihe beginning of a curve to the right whose radius is 405.64 toots THENCE northwestlrlr with said curve a distance of 231.59 feet central angle 32 42 401', chord boating north 19 27'26" west 228.49 feet to a railroad spike for the rod of said curves THENCE north 69"20033" east a dieu'-!ca of 150.42 feet to an trop pin in a chain link fence and the start of a curve to the left w'nosr radius is 375.0 feat; TMnral east@ 20'31 11', chhordcbeetles south 136.48 135.)1 feet to an Iron pin in said chain lick tones for the and of said curve; THENCE north 69'06129" east with ha north edge of an existing drive a distance of 273,05 feet to an iron pin for corners THENCE south 0037'57" east a distance of 33,60 feet to an iron pin, for career said iron fin betas north 26.29 feet from the aortherat corner of an saiating hangar buildings THENCE north 49*060 6 seat with the south right-of-way of sold ram-to-Market Road 11315 a distance of 737.03 toot to the point of beginning and containing 1644 acres of land. TRACT TWt All that certain 0,90 acre tract or areal of land situated in the William Mail Survey Abstract lb. 970 and the. Thomas Toby Survav Abotraet Mb, 1265 beaten Counts, Texsa; aid tract bein` p a tract shown by dead to t a Cier of Deetad "d recorded la part 303 Paso 216, sh RecorTis Nakao Couatys Texas and bela$ more fully described as tollowaa COMMENCING at the northeast corner of the tract described $a Paragraph I above and depicted on Exhibits A and Al attached hereto, at an iron Pin, acid ic;d plc being on the south ri8h!•of•wyy~ o~ lrero•te-Herkot Reed /1313, said Corner also bathsa south 02a0g,51 east SOHO feet from the northeast Wear Of 'eeid city tract, said corner slob baths the northwest corner of a tract` s by chid to Patrick P. iteee bbd tseorled in Volume 427, Paso 11,36f said deed redordst E%H2BIT "Mi'', pays '5 of 6 }11r ?IIt.~Ct south d20OVA" 44 it with the act Itoo of a{id City tract and the w44t line of said grad tract a distance of 559079 fat to a point for A corners THENCE south 88049'36" -vest a distance of 204.70 test to on iron pia for thw point of bdS1nninil THENCE Wich 0106'47" east a distance of $2.3 feet to a point for ccrar; THENCa south 8804'36" west a distance of 750.0 fat, more or lass, to a point or a corner in the east boundary line of a new apron; THX'AZ north 06007'26" east along the east line of said new apron j a distance of $2.93 feet to a point for a corner in the south boundary line of the tract described in paragraph A above and depicted on Exhibits A and Al attacheA hereto; THENCE north 88'49136" east along the south boundary line of tie tract described in Paragraph 6 above and depicted on Exhibits A "ad Al attached hereto a distance of 743.33 feet to the place of beginning and containing 0.90 acres of land. r TRACT THREEt Cond;tioned and continyant upon the execution by Maverick Aircraft, Inn., of an option to Mae the following tract cr parcel of land, said option being described in an Amendment to Airport Lease Agree- ment Hetvo*n the City of Denton and Maverick Aircraft, dated the the day of , 19851 All that certain 6.66 acre tract or parcel of land situated in the William Neil Survey, Abstract No. 970 dad the Thomas Toby Survey Abstract No. 1265 Denton County, Texas; said tract being part of a tract shown by Jsed to the City of Denton asd recorded in Volume 305 Page 216, feed llacordso Denton Couatyp Teats said being more fully described as followst COM "clNO at the northeast corner of the tract described In Para- at an ironopins on cphi south ediht ofowAY andf Fa-to01515, said corner also being &nth 02'09 51" east 50.0 feet from the northeast corner of said City tract, said corner also being the northwest corner of A tract shown by deed to Patrick t. green and recorded in Volume 421s tags 183 of said dead records= THENCE south 02009151" east with the east line of said City tract and the wait line of said green tract a distance of 570661 feet to a 1.1/2 inch pipe by a fence corner post for the point of beginning; THENCE north 8743113" east with the south line of said grettn tract and a line of said City tract for a distance of 300.30 foot to a tense corner post on the vast line of Underwood Road; THENCt south 02x01'08" east with the west line of sold road anti with a feats for a distance of 580.84 feet to an iron pie for a cornerl I THENCE south 88049'36" wait leavin8 said road for a 9isttace of $14.61 feet to on iron pin for a e-irntrl THMt north 01006147" vast a distance of 556,0 feet to an iron pin for coroori THUC9 north 88049'36" east a distance of 204,70 feet t•; a paint for a cornerl THLNCt !forth 02009151" east a distance of 18,96 fast, to the,placa of beginning sod e.oatainiag 6x66 sores of lead. 2xiiiii news pega 6 of 6 MINUTES AIRPORT ADVISORY BOARD AUGUST 121 1985 SPECIAL CALLED MEETING OF THE CITY OF DENTON AIRPORT ADVISORY BOARD, MONDAY, AUGUST 129 19851 AT 12:00 NOON IN THE CIVIL DEFENS? ROOM Or' THE MUNICIPAL BUILDING. MEMBERS PRESENTS Arno, Carroll, Haywards Keith, Smith, Williams, Wright MEMBER,4 ABSENT: None OTHERS PRESENT: Mr, Bob Hunter of the City Attnrnsyls and Mr. Clint Lynch of 0a City Staff. 1, The Board met in executive session at 12:20 P.M, to discuss legal and real estate matters. The Board reconvened in open session at 1:25 P.M. A motion was made by Mr. Wight and seconded by Mr. Keith to recommend the following resolutiont The Denton Airport Advisory Board recommends that the City Council approve the amendments to the Airport Lease Agreement of October 10 1979, made between the City of Denton and Aerosmith Denton Corporation, assigned to Maverick Aircraft, Inc., by okder of the Bankruptcy Court on April 180 19940 with the following stipulations: 1. That all rents and fees due the City of Denton by Maverick Aircraft, Inc., be brought up to date before the amendment is executed: 2. That authorized representatives of Haverick Aircraft, Inc., sign the amendment within one week after City Council approval, The motion carried unanimously. With no further business, the Board adjourned at 1:30 P.M, ~,X~*~'1!I~Y'nti Ff'~jP ryC )q~{ ~ 1. ti^ ,C., w ,7r,~V I'~ 1 r, 1 uH ^pii yd. Q'~ Syr ~i Mr .4 . ipkY zn DATE: 812045 CITY COUNCIL 21PORT FORMAT TO., Mayor and Members of the City Council FROMt 0. Chris Hartung, City Manager SUBJBCV Adoption of the Historic Landmark Preservation Plan I RBCOMMBNDATIOHt The Planning ah4 Zoning Commission considered this item at its meeting of June 1?, 1985 and voted to rocommend approval of the plan by a vote of 7-0. S Article 2BA-6 of the City of Denton Zoning Ordinance requires that the Historic Landmark commission shall prepare a preservation plan to be adopted by the city council. BACKGROUND: The preservation plan establishes and outlines a historic preservation plan for the City of Denton. PRO UK3 DBPARTKENTS OR GROUPS AFF6g6D: Not applicable FISCAL IMPACTI Thor* is no impact on the general fund. Rospocuul ubs s 04 Chris Hartung , City Naaago:. Prepared bey:..., Dnn o~SptOoy e Development Review Planner Appr od Jeff Koy Director of Planning and Cotmunity Development 1212a iY`ra r a r.: s J .d r aw'.: hf a l 3 t r r ,5'ra a ! rl 'ra r .J s'. '•if A ~ r F' x .fir irr 4 Y r.i 'e,n.u ~ r i CITY OF DENTON MEMORANDUM DAVE: August 12, 1985 TO: City Council FROM: Denise Spivey, Urban Planner SUBJECT: Historic Landmark Preservation Plan Article 2SA-6 of tho City of Denton Zoning Ordinance states that the Historic Landmark Commission shall prepare a preservation plan which shall: 1. Establish criteria to be used in determining whether certain buildings, structures. Sites, districts, areas, lands and other objects should be designated as historic landmarks. 2. Establish guidelines to be used in determination of whether to grant or deny certificates of appropriateness and certificates of demolition or removal. 3. Formulate a program for private and public action which will agate the rolo of various city agenoles in preservation of historic landmarks. 4. Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and foundation sources, as well .ts municipal sources. 5. Recommend tt the proper a43ncies incentives designed to encourage historical preservation. The Zoning ordinance specifies that the preservation plan shall be submitted to the Planning and Zoning Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission considered this item at its meeting of June 12, 1985 and voted to recommend approval of this item by a vote of 7 to 0. Denise Sp ey jd Attachments 09731 v4 dv e + ,.s r. a V (t q P.. Y )r 1yp 1 rK gat,r {r ti4ra',v e 9~" lhr. 1rvi°~~ ,.Y, . iiS' Y.1~ i(Sr i P f Pl`p a .7 ? r~ 3 . PRESERVATION PLAN llIS'fORIC LANDMARK COMISSION Prepared by Bulpitt Lowry 7. iG 4'~P~'(ti. !q III 1 Wb r rr '.r ^i tiI ,x u i q x 't F, { a"~. ^h . r r 42: ~ ~v 4 Y`~ 3~t . ? v t ! i ("Z ` Vii:'' e ,.~r 7 `r i.-7 TABLE OF CONTENTS PREFACE 1. HISTORIC PRESERVA1ION 1 11. THE DENTON HISTORIC LANDMARK ORDI14NCE A. History of Ordinance No. 80.30 4 B, Summary of the Ordinance , S Co The Legality of the Ordinance . . . . . . , . , . , 7 111. AN ARCHITECTURAL HISTORY OF DENTON 9 IV. STRUCTURES AND AREAS WORTHY OF DESIGNATION . . . , , , , 24 V. SUMMARY OF RECOMMENDATIONS . . . . . . . . . . . . . . . 27 Appendices: 1, The Domestic Architecture of Denton , . . , . 30 2, Structures Zoned "H", , . . . , , , , , . . , , 53 3. Historical Areas Sensitive to Development . . , , . , , , al 4. The Denton Urdinance , , , , , , , , , , , , , , , , , , 83 5, Certificate of Appropriateness .109 0380s r 1. J Y.fr J PREFACE The Denton City Council created the Historic Landmark Commission in 1980 by Ordinance No. 80.30 (printed as Appendix 4). The Historic Landmark Commission has three different functions. The first function operates when, on the basis of criteria laid down in the ordinance, the Historic Landmark Commission rec- ommends or denies historic zoning for properties, an overlay zoning that does not change whatever zoning already exists on the property in question, A recommendation in favor of historic zon- ing is sent to the Planning and Zoning Commission where it re- ceives the same treatment as any other proposed change in zoning. If the Planning and Zoning commission approves the recommendation, the case goes to the City Council where it undergoes the statutory treatment given any other zoning case. Recommendations by the Historic Landmark Commission for the creation of historic dis- tricts take the same legal course. When the Historic Landmark Commission serves as part of the zoning process, it is serving, in fact, as a technical subcommittee of the Planning and Zoning Commission. The second function of the Historic Landmark Commission comes when a piece of pr,)oerty has received historic zoning from the City Council or when an historic district has been created. The Historic Landmark Commission oversees the exterior of the prop- erty, the facade. Any changes in the facade may be Lade only with the approval of the Historic Landmark Commission. The legal in- strument allowing change is a Certificate of Appropriateness (printed as Appendix S). The Historic Landiaark Commission exer- cises supervision over almost all environmental and architectural aspects of 'designated historic districts, bUt since none hasbeen created yet, the exact mechanisms have not been established., 1i a Y a .tn S Ak *f of 'jAy,Yr A s~~~ ey. ~ s>C ti a ' :'1 ,9fA + 4esy'T U 1Y. The third function that the Historic Landmark Commission ful- fills is that of giving advice on historic preservation to prop- erty owners seeking counsel. It also serves this function for city-owned buildings. The Historic Landmark Commission acts as a cond0t for technical information from specialized sources. For example, the Historic Landmark Commission, in cooperation with the Denton County Historical Commission and the Texas Historical Commission, can provide information on the Secretary of the Inte- rior's Standards for Rehabilitation and Guidelines for Rehabili- tating Historic Buildings. It can gain property owners access to the National Register of Historic Places and, in conjunction with the mayor, may make nominations to the National Register. In addition to the three functions noted above, the Historic Landmark Commission is mandated to prepare a Preservation Flan to present to the city Council and to the citizens of Denton. This is the Preservation Flan. iii + A k y ~n, rr'ti wx, [ r. ti i 77 dT n o r V~; ' I. HISTORIC PRESERVATION That historic preservation serves aesthetic and historic ends is clear enough. Clearly, parsons and cities ignorant of their past live in an empty present, In addition, care- fully selected historic preservation enriches the fabric of an entire community. The architectural creations of the past are large-scale works of art worth conserving with the same care used to preserve any work of art, Fortunately for those who wish to further historic preservation of archi- tecture and sites, preservation gains broad-based popular enthusiasm because it offers direct, clear, and concrete values to the community and to property owners. To the community it offers the possibility of reversing what is otherwise an inevitable downward spiral, the deteriora- tion of the built environment, Without incentives to re- verse the trend, buildings gradually decay, and as they decay, their surroundings, their neighborhoods, decay. Businesses seeking low overhead and owners and renters who may take few pains with the property replace the earlier proud owners: or lessors. The unfortunatm part of this trend, from the point of view of city government, is that as tax revenues from a decaying neighborhood decline, the ex- penses for required city services increase, When a pros- perous city neighborhood becomes a slum, it requires more police surveillat.,e, more human services, more of every thing. That is, the greater the decay, the greater the strain on city budgets. Historic preservation can reverse that trend, It can main- tain or restore the tax base; and, more important, it can reverse the upward thrust of required city expenditures, Old large cities have seen a cyclic transformation as rich districts become poor ones and as the oldest and poorest i, 1 fil ,r 7 41 TV F 4 q •ta;v ,f-i 1 h~" ~a ~l a" ;.aj'y C r a f'ir i°. ~.a l a a r1 ' e V" ti 11 .y ~ d sections are demolished to build new structures, thus start- ing the cycle again. Those decades or centuries-long rhythms of urban change are not necessarily a part of urban life. The percentage of poor housing in a community is not a fixed quantity, with only its location changing through the years. And even if it were a fixed quantity in large cities, it does not mean that the situation will be dupli- cated in small cities with specialized economies, small cities like Denton. In large cities, historic restoration and rehabilitation can lead to what preservationists call the "gentry-fication" of a district, the expulsion of low incoate persons from a for- merly low cost district as property values rise. Fortu- nately for Denton, gentrification is not likely to be a problem. For one thing, the areas involved are small, and they have not yet decayed to a mayor extent. It should be noted also that a large proportion of low income housing in the city is occupied by students at the two universities. While many students may be poor, measured by income, they do not feel poor or cause the same drain on city services that a more traditional low income group causes. Particularly important here is that thore would be no city expense in- volved in providing alternative housing for persons uprooted by historic preservatioi, unless the preservation was accom- plished with federal funds, which is not anticipated at this time. Equally important for the city, carefully planned historic preservation Allows the city to guide commercial and retail development to areas bust suited for it. That is, the central business district already provides parking, feeder streets and balanced shopping possibilities. In residen- tial areas, historical preservation promotes neighborhood stabilitation, a situation attractive to current residents and property, owners. 2 IN, I%Wt~ VIM, "114 1 h ,ar i., dK.~` r7 7` For the owner of income' producing property, historic preservation offers financial advantages. Beyond the Investment Tax Credit provided for substantial rehabili- tation of certified historical properties in the Economic Recovery Act of 1981, the purchase and rehabilitation of historic property can give the owner space for a'cost of, currently, approximately $45/square foot compared to new construction costs of more than $6S/square foot. Other savings include the energy required to make an older building comfortable. Popular wisdom has it that older buildings are expensive to heat and cool; the truth is exactly opposite. The amount of energy expended per cubic foot per year is lower for buildings constructed before 1910 than it is for later construction. Buildings constructed during the 1960s have the highest cost. (Information for buildings constructed during the 1970s is not yet avail- able.) That is, an historic building rehabilitated for modern use is less expensive than new construction on an empty site, and once rehabilitated, it is less expensive to maintain. In summary, historic preservation serves aesthetic and historic values. It is in the best interest of city government because it increases tax revenue and reduces expenditures while providing a tool for planning. Finally, it is in the best interest of property owners for the most compelling of all reasons: it saves them money. 3 a i ia nYC^` Mr ;iY R 'h \ Y ~`~':{•r 77"`/ 3 'w • Y II. THE DENTON HISTORIC LANDMARK ORDINANCE A. History of Ordinance No. 80-30 The cata'yst for the development of Denton's historical zoning ordinance came from property owners on West Oak Street. Those persons, owners of houses that collec- tively formed "Sill. Stacking Row" before World War I, were under pressure from one direction because of the commercial expansion in the vicinity of North Texas State University, and under pressure from the other direction, the end closest to the square, owing to the city's construction of a new north-south thoroughfare, Carroll Boulevard, west of the older central business district. In addition, residents of West Oak Street had lost the protection of single family zoning in a city- wide rezoning that took place in the late 1960s. A number of historic houses had already been torn down, and there were commercial intrusions in the eight block area between Carroll Boulevard and Welch. Beginning at Welch Street, thera are irreversible changes brought about by North Texas State University in the middle of West Oak Street's length, It should be noted that only one structure on Oak Street, the old Oak Street Hall, is actually a university prnperty; the remainder is pri- vately owned. There is a small shopping center at the corner of West Oak and Welch Street, commercial develop- ment between Oak and Hickory from Welch to Avenue C, and intensive, privately- owned, student apartment develop- ments. Threatened from several directions, the residents of West Oak Street felt at hazard to the least wells intentioned of their neighbors, and were constantly badgered by epplic.itions for specisi, uce permits and 4 ~ r ~ ..r 'x, ~r,•ti~~ J T'I1o `~i ,y ~ t ~.k^ ~ C a ..4 u t variances. The City Council made a positive contri- bution when it allowed voluntary back-zoning to single family status at no cost to applicants, but the resi- dents believed they needed greater protection. They turned to the Denton County Historical Commission, which offered technical advice. With the aid of a grant from the Texas Historical Commission, the Denton County Historical Commission brought a member of the Tustin city planning staff to Denton, and held workshops for members of the Planning and Zoning Commission and City Council. With su:port from members of the Chamber of Commerce, downtown businesses, and residents from other areas, the Denton County Historical Commission prepared a model ordinance. It was refined in meetings with the city staff and a subcommittee of the Planning and Zoning Commission. The City Council passed the ordinance in March, 1980, and appointed members to tie Historic Lrnd- mark Commission in June, 1980. The Secretary of the Interior certified the Denton ordi- nance in January, 1981. B, Summary of the Ordinance The landmark ordinance Is lengthy and complicated, It establishes the Historic Landmark Commission of nine members appointed by the City Council, four chosen at-large and five representing specific constituencies or areas of expertise; namely, a member of the Denton County Historical Commission, an architect, a certified public accountant, an attorney, and an owner of real property, The chairperson of the Denton County His- torical Commission, the Director of Planning and Com- munity Dpvclopment, and the city Building Official are h on-voting, ex-officio members. S i,m ^n 6 ; r kGiH~k'i Ay ; ~y ;ti a ~ f The Historic Landmark Commission begins the designation process for buildings, structures, sites, districts, areas, and lands for historic Ofl") designation, an overlay zoning. Criteria for designation include one or more of thirteen listed in the ordinance. (Section 28A-4) The Historlc Landmark Commission holds public hearings on recommendations; poiblic notice is required. The Planning and Zoning Commission acts on recommendations; favore.ble action by the Planning and Zoning Commission follows the usual route to the City Council. Various time limits and appeals processes are spelled out in detail. The powers of the Historic Landmark Commission to super- vise the facade of properties designated as historical are spelled out, with procedures for appeal if a prop- erty owner feels ill-treated. This section spells out the procedure for requesting a Certificate of Appro- priateness, which allows change of an f1H" zoned facade. Demolition or removal of "H" zoned property can only take place with the approval of the Historic Landmark Commission; the procedure for appeal is spelled out. The approval of the Historic Landmark Commission will be given with a Certificate of Demolition or Certificate of Removal (Note: not yet developed). The Historic Landmark Commission may require a property owner to maintain historic property, The Historic Landmark commission may recommend the creation of an Historic District; 51 percent of the structures within a district must be of architectural, historic, archeological, or cultural importance or value. The facades of all structures within the boun• 6 t: ~~1 ? ✓1 its J :H.? 'M a A oaUS 1F P daries of that district will then come under the super- vision of the Historic Landmark Commission. The His- toric Landmark Commission may also recommend changes for an Historical District of existing zoning, building code requirements, sign regulations, parking regulations, architectural regulations, transit and traffic regula- tions, and public improvements, Penalties are provided for non-compliance, C. The Legality of the Ordinance Historic zoning ordinances have been challenged in court on several grounds, most generally that they constitute a "taking" without due process and without recompense. The courts have found this argument without merit in national cases, the most important being Penn Central Transportation Company v. New York City (438 U,S. 104), The U. S, Supreme Court, by a 6 to 3 vote, upheld the Now York City Landmarks Preservation Law against pre- cisely that contention, In Texas, the key case was the "Driskill Case," properly the Southern National Bank of Houston, Trustee, and Highland Resources, et al. v. the City of Austin, In that case the U. S, Court of Civil Appeals (Number 1145, May 17, 1979) found the Austin preservation law deft- rient in certain specific areas, notably in provision for speedy appeal from a decision of their Landmark Commission. In all other respects, it upheld the Austin prese-vation law, The Denton ordinance is modeled closely on the Austin law, Because Denton's law was drafted subsequent to the nn r4 ra 4 ~ as a} k h9 i ~}r ~ paa y t P det.ision of the Texas Court of Civil Appeals, the defi- ciehcies the court noted in the Driskill case were cor- rected in the Denton law before its passage. In the opinion of the Denton City Attorney, the Denton Ordinance No. 80-30 is proper, lawful, and constitu- tional. 8 r II1, AN ARCHITECTURAL HISTORY OF DENTON Thb following account draws heavily upon C. A. Bridges, History of Denton, Texas (Waco: Texian Press, 1978), For ease of geographical reference, present street names are used in this account. In 1856, the citizens of Denton County voted to move the county seat to one hundred acres of land close to the geo- graphical center of the county, Surveyors divided the one hundred acre townsite into thirty-three blocks, with a pub- lic square, three hundred feet on each side, perched on a rise toward the western city limits. The new county seat, Denton, was a rectangle, bounded roughly by McKinney Street on the north, Highland on the south, Cedaf, on the west, and the present railroad tracks on the east, No record exists of any structure within the Denton city limits before 18S69 but construction took place quickly after the surveying of the townsite. The earliest buildings were probably constructed with stone foundations and timber walls, and by 1860, buildings lined the south and west sides of the square. Little or no develtipment took place on the east side, and on the north the main structure was the new, two-story, timber courthouse. Elsewhere within the Denton townsite only sparse construction occurred, A few people, probably merchants and the full time county officers, did build homes within the city limits, but at the time of the Civil War, Denton was only a small village, Its permanent population consisting of perhaps a hundred peisons, Almost all residential construction was south of the square, and all construction, on the square and off, was wood. In July, 1860, fire broke out in a general store at the cor- ner of Hickory and Elm, the southwest corner of the square, and following the explosion of some twenty-five powder kegs, ei? ,Pf~~^ 'i' ' "✓kr'`'C'• i. t X F" r t i a f va y n rA° i v '.t v ✓~!Y Fu yi ,~d ' ~ s ° 'ri ar v i, ( y.y .f. 4 all the buildings on the west si6e burned down, except for one store on the northwest corner. Whether the owners of those stores rebuilt their establishments immediately is unknown; the Civil War erupted a few months later, and dur- ing the war years little construction took place. There was some, however: on the south side of the square a two-story building was erected, a hardware store was built on the northeast corner, and just off Elm Street an ox-powered grist mill was put into operation, perhaps on one of the burned-out sites. It was Denton's first industrial estab- lishment; about 1865 that mill moved to Bolivar. No church congregation erected buildings in those early years. Before the Civil War both Baptists and Methodists organized congregations In Denton and met in inclement weather in the courthouse. In 1859, the Masons built a two-~~tory frame building on South Elm Street between Prairie and Highland Streets with wood hauled from East Texas. After the Masonic hall was built, the Baptists and Methodists met there when they did not meet out of doors. In 1862, the Cumberland Presbyterian Church and, in 1868, the First Christian Church organized in Denton, Thus, by 18700 four church bodies met on a rotating basis in the Masonic hall. A school met there, as well, until 1871 when the first school building went up in the block bounded by Locust, Mulberry, Industrial, and Sycamore Streets. Because true public education did not exist in Texas until the next decade, a number of structures housed private schools during these early years. In the meantime, in 1866, the Texas legislature granted a charter to the city of Denton which greatly enlarged the village. Its new boundaries made it one mile square, with the courthouse in the center The original townsita was 100 acres; the new townsito was 640 acres. Early in the next 10 ".i A :i:'.~ i ~~.~.i 'Pi o g e. ig, y 1 .`,4 rV a' 3 ec 5• •!'.ed ?=n9 .adecade, in a second charter, the legislature doubled the boundaries, making the town a square two miles o-, a side, or 2,560 acres. The citizens of the county had chosen the site of Denton because it was geographically central to the county and because it had water available. Pecan Creek, which had springs in its bed as well as a seasonal flow, provided both running water and spring water. There were other springs At the townsite, also. The water supply was thus adequate for the needs of Denton in 1860, but as the town's population grew the water supply proved insufficient, and in 1866 the first well was dug. Beneath Denton at a little over 1,000 feet there is a deep flow of water, but that depth was im- possible to reach in 1866. The first well, on the square, did hit water at F) feet, but the well was >>nsatisfactory, possibly because only way to raise the water was by a rope-hauled bucka~, Whatever the reasons, the well was abandoned about 1871 and filled in. Residents depended mainly on cisterns to supplement the springs, but by 1870 there were at least four wells in addi- tion to the unsatisfactory one on the square. One well was across from the Masonic hall, another on West Sycamore, a third on the "Baines place," an uncertain location, and a fourth behind the Lacy Hotel on the north side of the square. All these wells were dug, not drilled. Clothes- washing took placo in Pecan Creek. It is posse ly unneces- sary to note that there was no sewage sys,em; residents depended on out-houses. For that reason, the shallow wells in the city were probably disease-carriers. Springs fed by up-thrusts from the deep aquifer may have been purer. Denton in 1870 was only an administrative and market center for largely self-sufficient farmers, In the Census of 1870, the first census to count the city of Denton separately, the 11 Nr r ::y y s iSiY yM r. t i population of the county seat was 3610 about 5 percent of the county's 7,2Si. The only outside economic interest affecting Denton before the coming of the railroad was cattle. The great cattle drives from Texas north to Kansas passed by Denton on the west, but seem to have had no great effect on Denton's economy. Two cotton gins served Denton: one was an animal-powered operation at the south end of Bernard Street; the other, on the bank of Pecan Creek just north of McKinney Street, began with animal power, but the owner soon installed a steam engine. Later, he added a corn mill. The first flour mill, Davenport Mill, built in 1878 on Eagle (then Mill) Street was a three-story building with machinery driven by steam. A steam-powered ice plant, erected somewhat earlier, exploded in 1877, killing one man and closing the business. South of town there were two pot- teries. These few enterprises, added to the usual services offered in a farming town, such as blacksmithing, comprised the Industrial sector of the economy. Before the railroad came to the county, three sides of the square forced a governmental-mercantile complex; the east side stood almost vacant until a jail was put there in 1870. The residential area of town stretched south down Elm and Locust Streets. The courthouse was. not in the square, but on its north side. No street was paved, and the trails that served as streets tended to pass close by the buildings on the edges of the square, leaving the center empty. Prob- ably no structure from this period survives, although foun- dation stones under present buildings, such as those found during the remodeling of Fllington's in 1980, may date to those years. The only na,-wooden structure in the town was the jail, which was built of sandstone. In December, 1875, the wooen courthouse burned. The county commissioners decided to build a new courthouse of brick and to erect it within the previously empty center of the square. 12 * W<. s iG ~.N" .n apt Kt aM~r,v a tM n Ae ^r~v y, 4-'<< ,r 0 ♦5, L t i,2 i i a ti• Bricks for the new three-story courthouse, which was com- pleted in 1877, were hand-made at the Bushey Brick Plant, just southeast of town. It is not certain whether that plant existed before the construction of the new courthouse created a demand for brick. Lime for mortar was fired about three miles west of Denton. With these building materials available, other brick structures went up. New construction was made more urgent after January, 1877, when a fl.e de- stroyed the entire south side of the square. In 1876 and 1877 the first two brick residences were con- structed, and it seems that a number of the structures on the south side of the square, replacing those burned in 1877, were also brick. It is possible, but at this date not proven, that some of these structures erected in the 1870s are incorporated inside buildings now standing on the square. The oldest known complete building now on the square is the Paschall building at the northeast corner, recently modernized and now serving as a law office, al- though several buildings in the center of the north side may rival it in age. Bast of Bolivar Street and north of Oak, there was a two-story brick building, bought by the city for a city hall in 1890 and occupied until 1928. During the 1870s, Denton more than tripled in size. The 1880 census showed that Denton had 1,194 people, and the city also increased in size relative to the county, from S percent in 1870 to almost 7 percent in 1880. The next year the Texas and Pacific Railroad completed its line from Sherman to Fort Worth, and connected Denton to the outside world. of great significance to Denton for a number of reasons, the railroad created an increased flow of money. The nature of farming in the county changed because now it was possible to grow crops for sale. The railroad enhanced the county seat relative to the rest of the county because t' 13 3 a 31T •al r.,r t F i A~ F.. v yN", • Via: [T :y t"{'!',.. P ^ 'aTti F'~ i;'7 ~7 Denton was one of the major stops. The railroad also had 'a major impact on the architecture of the city, making it pos- sible to bring heavy building supplies to the city, the most important at first being iron members and prefabricated, foundry-made, iron store fronts. Some of those early iron store fronts remain in view, and it is possible that others are covered over by later remodeling. During the 1870s, many of the religious denominations erected churches, several of them imposing edificies for the times. The first to erect a church was the Cumberland Pres- byterian congregation, which put up a small church In 1871, Destroyed by fire in 1877, it was replaced with a new struc- ture west of Bolivar Street and south of Pearl Street. In the legal battles surrounding the amalgamation of the Pros- byterian Church after the turn of the century, the Cumber- land Presbyterians lost that site, which passed to the ownership of the Central Presbyterian Church. After meeting in the courthouse and elsewhere, the congregation in the 1920s put up a building at Welch and Maple. The Methodist Episcopal South congregation built a church with a tall spire on South Locust in 1881. In 1876 the First Baptist Church erected a building off the southwes~ corner of the square. In that same year, the First Christian Church put up a building on North Elm where the old Municipal building is today. Two other churches were organized In the 1870s, the Southern Presbyterian in 1878 and the Northern Methodist in 1879, but neither put up a building immediately. In 1881 the Northern Methodists bought a two room house on West Oak Street at the corner of John B. Denton Street. Two years later they bought a lot on the south side of Oak street at Bolivar and put a building on the site. The congregation dissolved in 1911, and the building was demolished in the 14~0s. > 14 A it In 1881, the Southern Presbyterians purchased a lot at the southwest corner of west Oak at John B, Denton Street, In 18840 they bought a lot just south of the square on Elm. In 18909 the Germar Baptists (Dunkards) organized a church on Bolivar Street. In 1891 another Baptist group organized Trinity Church, which in 1937 moved to Highland Street be- tween Welch and Avenue A. Roman Catholics organized the Immaculate Conception parish in 1894 and built a structure on Bolivar Street, In the meantime the Chur•-h of Christ built a rew building on Pearl Street in 1893, and the First Baptists erected, a church on West Hickory. Ten years later the Pearl Street Church of Christ put up a new structure, The Sow ^rn Methodists constructed a new building in 1899 and the Northern Methodists built one on West Oak, The First Christian Church put up a new building on West Hickory in 1904; they replaced their 1904 structure in 1910, and it was demolished in the late 19SOs. By 1910 there were at least thirteen chur,nes in Denton, the largest being the First Baptist at West Hickory and Cedar, When it burned in 1917, the Baptists sold the lots to McClurkan who built brick business houses along the south side of West Hickory west from Cedar. The First Baptist Church put up a new structure in the 400 block of West Oak. In the meantime, the Episcopalians organized a congregation, At first, they met on the second floor of the Scripture building, In 1917 they organized St, Barnabas parish, and early in the 1920s they moved to 1200 North Elm. Thus, although several church bodies can legitimately claim to be almost as old as the city of Denton, few of the build- ings themselves are of any great antiquity, Many of the 1S h.r c, present buildings are handsome ones, but early Denton did not provide the financial or population base for monumental construction, The Historic Landmark Commission encourages all of the congregations that date before Would War I to seek Texas State Historical markers as institutions, The older portion of the First United Methodist Church is of sufficient antiquity to warrant a city marker. It is pos- sible that portions of other churches may also qualify, but the congregations would need to undertake the architectural research necessary. In the meantime, around the square, the rhythm of construc- tion, destruction by fire, and reconstruction continued during the 1;80s. The west side of the square filled in completely; noteworthy structures included the Scripture building on the north corner, an opera house which is pos- sibly incorporated in the art deco movie theater in the center of the block, and the McCrory building on the south corner. The south side, destroyed by fire in 1877, was totally new. The Finer building, demolished in the 1970s, was at the east end. Next to it was the Craddock building, then a grocery, and theca the Evers building in the center. That structure was replaced An 1913; in the 1970s fire badly damaged the newer Evers building but it was rebuilt. The entire east side, except for the Paschall building, was destroyed in a series of fires during the 1880s, capped by a larger one in 1890. Many of the buildings destroyed on the east side and elsewhere were replaced with brick buildings, which, if hardly fireproof, delayed the spread of fires thereafter. By the 1890x, all the buildings on the square were of brick, Nevertheless, in 1895, several buildings on the west side of the square burned; and off the square two years before, in 1893, All the buildings on West Oak between Ceder and Bolivar burned. F 16 `rel. These fires prompted the citizens to take measures for fire fighting. In the 1880s, storage cisterns were sited behind each of the business blocks around the square, To the con- fusion of later research, these storage cisterns were lo- cally called "wells," In 18929 the first waterworks was established, and a standpipe and fireplugs assisted in fire- fighting thereafter. A private company, the Denton Water, Light and Power Company, constructed these facilities and generated power, beginning in June, 18921 from a plant on the south side of East Hickory adjacent to the railroad tracks, Thereafter, electric street lighting first sup- plemented and then supplanted the coal oil lamps us1+d for street illumination since 1882. The city bought the privately-nwned water and power company in 1905. Four years later, in 1909, the city began a sewer system, The most dramatic construction on the square took place dur- ing 1895-96 when the brick courthouse, built twenty years earlier, and by 1895 deteriorating dangerously, was demol- ished and replaced by W. C. Dodson's stone design. That courthouse, completed in 1896, has suffered only few changes over the years, most notably the blocking of the south en- trance, the installing of an elevator in the central rotun- da, and the flooring of the third floor gallery over the original second-floor courtroom, The stone for the new, courthouse came from a local quarry about six miles north- east of town. It is strange that the example of stone con- struction given by the new courthouse was not followed in other monumental construction in Denton, The census of 1890 showed that the population of Denton was growing less rapidly than in the early years; it only doub. led during that decade to 2,558, in comparison to the prev- ious decade when it had t-.,pled, More important, however, was the city's site relative to the rest of the county. in 17 i 1880, it had been 7 percent; in 1890, it was 12 percent. In 19009 the city had 49187 people and included almost IS per- cent of the county's population. Thereafter, until the post World War II boom, the size of Denton relative to the county continued to increase; in 19S0, it was just ower SO per- cent. In the last three decades, the city, while it has continued to grow, has grown less rapidly than the rest of the county, and in the 1980 census, Denton had only 34 per- cent of the county population. The economic role and base of the city has changed also. Tho years from reconstruction to the 1890s were generally years of prosperity. Beginning in the 1890s, it became harder and harder to make a living from a far;ily farm. The decline of prosperity of the farmers who surrounded Denton was reflected in the city. More and more farmers slipped to tenant status and had less disposable income to use in mar- ket centers. Offsetting this decline of the original eco- nomic base for Denton was the founding of two colleges, institutions that would become North Texas State University and Texas Woman's University, Residents of Denton were concerned with primary education as well. Denton, in 1882, passed a bond election which funded the building of a twelve-roam, three-story school with an auditorium on the second floor. It stood on the west side of the school block between Sycamore and Mulberry. Remod- eled substantially in 1891, it was destroyed by fire in 1908. In 1909, Denton constructed the new Central School of twenty rooms to replace it and William Jennings Bryan was the principal speaker at its dedication. In that year, the United Daughters of the Confederacy petitioned that its name be changed to Robert E. Lee School. At the same time, the West Ward School became Sam Houston School and the North Ward Elementary School became Stonewall Jackson School, The Stonewall Jackson School was-housed in a nev, building in 1915. 18 dry ) i Z .5. But it was the colleges that had the greater influence on Denton, architecturally and economically, In 1890, as a private corporation, the Texas Normal College and Teacher Training Institute held its first classes, In thet same year some ten Denton men, legally called "The Syndicate," pooled their resources and bought about, 240 acres running south of Hickory. Of this land, they lave ten acres as a campus for the new normal college. The citizens passed a bond issue and from that money erected a three-story build- ing facing Hickory Street between Avenues A and B. That building burned in 1907, Perhaps it was the existenc4 of that college or perhaps it was only evolution that led persons building the more elabo- rate houses in town to s-,te them between the square and the new campus, down Oak and Hickory Streets. Some elaborate houses and several churches already existed in the area before "The Syndicate" gave land for the college. The first major residential area of Denton had been south of the square. The second during the 1880s was east of the square, between the square and the new railroad, Now, in the 1890s and after, the most attractive new residential area was west of the square, constituting what has come to be known as "Silk Stocking Row." In the opinion of the Historic Lan-1- mark Commission a major aim of city policy should be to pre- serve that area as it now stands. In 1899, the normal college became a state institution. Some citizens of Denton were unhappy over losing control of that institution to the state, and they established John B. Denton College in 1901. They built a two-story building at 300 John B, Denton Street, but the college failed, In 1904, the Church of Christ took over the facilities and operated the institution as Southwestern Christian College until 1908s In 1908, the name was changed to Southland Univer- sity, and the faculty and students moved first to Cleburne 19 w and then to Abilene where it was incorporaied in Abilene Christian College. In 19119 the Denton public school system acquired the building on Denton Street, and in 1912 opened a high school in the facility, moving advanced students from the Robert E. Lee School, A few years later, a new high school building was put on the lot; the original building was rated in 1935. In 1902, Denton was chosen as the site for the Girls Indus- trial Institute and College of Texas. Citizens donated a 67 acre site northeast of the square; classes began in 1903, In 1905, it became the College of Industrial Arts, and, in 19S7, Texas Woman's University. The area given for the campus of the woman's college was where the majority of Denton's black citizens lived, Many of the structures that were on the site were moved just across the railroad tracks to an area that became known as Quakertown, possibly because after being moved the build- ings were shakey. The Negro School that stood near Oakland became the Fred Douglass School and burned in 103, A new school was erected in 1915, The Fred Moore School, named for a prominent black educator, was built in IP49 east of the railroad tracks. The two colleges, Texas Woman's University and what became North Texas State University, led Denton to become a major educational center in the southwest. The economic and mer- cantil,e advantages to the town are obvious, Unfortunately, the architectural heritage offered by those two institutions is slight. Several older buildings, Old Main at Texas Woman's University, and tho Auditorium Building and the Historical Building at North Texas State University, are worthy of historical markers as examples of the architec- tural thinking typical of the periods in which they were designed, Becau.wa of their relative lack of status in the 20 state educational hierarchy before the 19SOs, both insti- tutions were hampered by a lack of funds and possibly by a lack of the self-confidence which is required to produce architecture of great merit (with the outstanding exception of the Little Chapel-in-the-Woods at Texas Woman's Univer- sity). The last two decades have seen some progress away from these dual constraints. The industrial base of Denton did not grow until the years after World War II; what industry there was before that time was largely service industry for the town or for farmers. In 1886, the cooperative Grange became the Farmers' Alli- ance, and in 1886, the Farmers' Alliance created the Alli- ance Milling Company at the east edge of town. It went into bankruptcy in 1916, eventually becoming the Morrison Mil- ling Company. Another mill, the Davenport Mill, burned in 1896. A brick plant south of town was founded in 1895 and had its first firing in 1896; it would become the Acme Brick Company, still in operation, The Texas Wire Fence Company and the Rayzor Ice Plant, established in 1901, stand out, as does E.J. Brock's Mineral Water Plant, which after 1910 shipped well water across the region. Entertainment facilities frequently result in significant architecture. In Denton, in 1899, the William Crow Wright Opera house, just off the northeast corner of the square, was constructed to provide first rate facilities for live entertainment. The first movie facility was in 1908 in the 100 block of East Hickory, an open air establishment called Renfro's Airdome. In 1909, 109 West Oak, on the north side of the square, was fixed up as the Amazu Theater, the name changing shortly to the Majestic Theater, and finally after 19130 the Princess, which took over nearby facilities at 120 West Oak. In November, 19150 the Dreamland 'heater opened on the wrest side of the square, and in 1920 a third theater, opened. WtJch of these facilities became the Fiw% Arts e .r1aSp.;.. ~ 1 Theater is uncertain without further research, For several decades the Paschall building also housed a movie theater, in its last incarnation known as the Studsnt Arts Theater. In the opinion of the Historic Landmark Commission, the Wright Opera House (noii housing Kibler's Office Supply) should receive a marker, and the owner should be encouraged to consider historic rehabilitation. The same recommendation applies to the Fine Arts Theater on the west side of the square, which now has an Art Deco facade, The final influence on Denton's architecture was the trans- portation system, No all-weather roads connected Denton to thee outside world befbre 1921, and streets inside the city were poor or non-existent. In the nineteenth century, side- walks were generally of boards. Only in 1909 was the last board sidewalk removed from the square; the present concrete sidewalks date to the Works Progress Administration of the New Deal. In 1896, the city granted a franchise for a street railway. In 1900, an electric streetcar line ran from the railroad depot along East Hickory to the square, then out Oak to Fry Street, where it jogged to Hickory. The line went out Hickory to Avenue C, south to Eagle, and then to Highland Park, the site of the present North Texas State University Golf Course. In 1911, a spur was built north from the square to the Texas Woman's University campus. The connec- tion of this system with the railroad and the interurban railroad allowed easy, if expensive, transportation through the region, The first automobile in the county came In 19039 and by 19100 60 cars were registered in the county, In that some year there were 18 blacksmith shops in Denton and one gar- age. By 1917 there were a thousand cars, and by 19200 2,100 vehicles including trucks and motorcycles, The most impor- 2 2 tent influence on the pattern of Denton's growth, the auto- mobile, was thus clearly evident at the end of World War I. In 1910, there were at least two substantial garages, the Alamo Garage and the Triangle Station. Noting the existence of these more recent structures is a job that historical commissions nationwide should begin to do. After World War I, a number of individual structures worth noting by the Vistoric Landmark Commission, either for his- torical importance or for architectural excellence, were built. Among them are the Old Post Office (1914-21) and the Old Municipal Building (1928). Denton was also fortunate in being the home of the late distinguished architect O'Neill Ford, who designed several houses, Selwyn School, and the new Municipal Complex, and was the chief designer of the Little Chapel-in-the-Woods, Those structures, at least, should receive architactural designation. One of his houses, 1819 North Bell Avenue, has already received historical designation. E0.1 23 mrq IV. STRUCTURES AND AREAS WORTHY OF DESIGNATION Many of the structures and areas warranting historical designation and preservation have been pointed out in Section III. It must be noted that preservation is by no means equivalent to creating some sort of museum. Any part of the built environment that is frozen forever will become an economic liability. What is needed is a system for main- taining the best of what exists and regulating the changes that must take place. Fortunately, Denton has the mechanism necessary for this regulation of change through historic districts supervised by the Historic Landmark Commission. The most obvious area which might become an Historic District is the Courthouse Square, with boundaries running at least one block beyond the square. The second area is the residential one on West Oak running from Williams to Welch. Parts of Hickory Street and Pearl Street might well be included in such a district. Close investigation might reveal two )ther areas worth Historic Districts. One lies to the east of the North Texas State University campus. The question there is whether change and deterioration has so scarred the area that preservation efforts would come too late. The other possible district lies south and east of the Texas Woman's University campus, and should include the less expensive houses east of Bell. It is possible that a third small district on North Elm Street and North Locust Street might provide incentives for property owners to preserve their structures. A number of individual struc- tures, both within those areas noted above and standing independently of them, also merit designation. The Historic Landmark Commission wishes to stress that historical preservation and landmark designation should not be limited only to prestigious structures and areas. The 24 i` 4 T:. rya- :Ti preservation or adaptive reuse of older industrial or com- mercial structures offers benefits to both owners and the city. By the same token, to overlook the more modest resi- dential structures and neighborhoods would be to forget the places and ways in which the majority of our citizens lived a lifetime ago. One advantage that Historical Districts provide is neighbor- hood stabilization. In a rapidly growing metropolitan area, such as Denton is today, the consequent neighborhood in-' stability causes problems for residents. The zoning code protects newer areas of the city, to a degree, but the older parts of town are less stable for several reasons, There, the residents live with non-conforming intrusions that pre- date the zoning of Denton and with a number of previously granted variances, They also face specific pressures from the universities. New construction continues apace, and during the last decade, when enforced dormitory residence all but ended, intensive small apartments in the vicinity of the universities became attractive investment opportunities, The growing commercial areas along University Drive, and more important, the shift of business and professional operations west to the newly opened Carroll Boulevard, has put pressure on several older neighborhoods. In this con- text, the Historic Landmark Commission would like to note its concern over the increase in the proportion of Denton's commercial areas which is passing to non-resident owner- ship. Non-resident ownership always poses the danger that owners may choose to ignore a community's best interests; the problem is compounded today by a significant amount of property being owned by citizene of fo:•eign nations, either directly or through nominess, Those persons Germans, Canadians, and others an may wish to be good citizens of Denton, but it is difficult to inform them of community concerns. 2S ' r• •.S v tv Neighborhood stability, therefore, is precarious in many older areas of the city. Stabilization could occur, or change might be tatter managed, as & result of the creation of ittstoric Districts. In administering those districts, the city must take care not to detract from legitimate interests of developers and land speculators, but Historic Districts mould provide a method of placing the equally legitimat! concerns of Denton residents in the open. The residents of Denton's older areas wou-d welcome a greater degree of stability +'an they have enjoyed in recent years. i p° i'db 1 .."5y y yy V, SUMMARY OF RECOMMENDATIONS A. That the Historic Landmark Commission initiate steps toward creating Historic Districts on West Oak Street and around the Courthouse Square. B. That the creation of Historic Districts south of Texas Woman's University, east of North Texas State Univer- sity, the area of North Elm, North Locust and Bolivar Streets, and other areas should be studied. C. That, in cooperation with private enterprise, the city hire an inner-city redevelopment coordinator, The job description for that position would be similar to one for a Main Street Coordinator, except that the city would be using its own resources with little help from the state. The same reasons that made it a wise deci- sion, both financially and in support of the general welfare of the town, when the City Council decided to seek a Main Street Project, still apply. D. That as resources are available, the city institute a structure-by-structure survey of the original townsite survey area and, at least, Oak Street, Such a survey will be indispensible to the level of planning that will have to take place. It might well become part of the duties of the "inner-city redevelopment coordinator" to be responsible for such a survey. E. That the city continue to seek out meritorious struc- tures for designation as Denton Landmarks, F, That the City Council adopt tax incentives for redevel- opment and preservation efforts, The stimulus given to redevelopment efforts would benefit the community. The 27 is ;e 2 \ 'k a* J' 1777 ar a .v T ;ia .1 u t r ia; r n Historic Landmark. Commission has a specific program of tax abatement to recommend, a program modeled after that ` of other cities in Texas. 26 e ~ ~ 3 ~r nfl ¢ ~ is t y.~a y ~+g ~ ~ •,Vd ='~~+i ~ ~ ~ .r ~ h i YN hlt Av i e~ APPENDIX 1 THE DOMESTIC ARCHITECTURE OF DENTON i The following pages show various architectural styles developed before 1920 found in Denton. All of the examples that follow are of domestic architecture; future editions of the Preservation Plan will contain examples of commercial and public monumental syles. Users oc the Preservation Plan should note that the presence of a given style does not determine the date at which a building was constructed; construction could take place in any year after the introduction of the; style. That is, a Gothic Revival structures, the general design for which was established between 1830 and 1860, might be built in the twentieth century. Classification is according to the general principles set out by the American Association of State and Local History. Users of the Preservation Plan should note that r,any early Denton houses blend several styles, and classification may be made on the basis of one prominent characteristic. All of the following photographs were taken by former lommissioner Dorothy Bertine. 30 4y~'~ C+;., r~sl n: 1IQ .~.A. `G. ~ ~ .e ar f " f, 1 1 •ty k.'~. I f a 7i.:; ~ r~ i r ti 1 ' Above. Georgtan cottage. Below. Georgian 1300 North Locust 717 West Oak 1 7 - i •i--' «I-_ i Ali. ` j r~ For" • - i 1 1 l 11 ~ ~s~ ~ • }e'y a ~yhr~~~,r~ 9 7~, 1: _ f ,js,S.~ ik'~~.~w ~i„«. e: Awn... 1;f jg' sj~a "•1 $'r'! « ` rt} v s. ~ -f r y Above. Georgian Below. Georgian 1820 Wast Oak 615 West Oak • fJ. , 40 i III . ~ _ . w " a ~t i'~e •'1 i 4: `Y.~x'S~S,~~C'~''~ 'p, }'k(y '~')'yt Yft'~). YiS}}~ 4 ` rkl ~P~ji °M ~i ~XF: r Above, Georgian Below. ,%orgian 811 Wast Oak 915 West Oak V A .Y 4M 4. ~ ~ i!L •1 ~L J Mr• r . Sri ~ w ~+'•ar• ..t i~ . Yr:•: % .1i'! ~.Ri i~ R p a r.. f r , i. ' 6 MGM Above. Federal Below. Dutch Colonial College Street 2002 West Oak •Y f t i i• .y fi4 ,u~~ ,r `k'.+ "~~e . r '^i;, 4;:~~" • N rr •...•.:a:.-..+.r ~..'w it f M :.,"•r fM ` ~•ti~'' , ~ 0f1 •z t . Above, Dutch Colonial Below. Greek Revival, "The 1120 North Locust Evers House" 1035 Wasp. Oak Fri rf~ ,r y ,4 ~.1'~ \ 111111 Il 1 ~ ~ a "-s 3 i 4 Y Ar 1 ':.A 1 f .`.1 7,7777 ~.N F e i 1 yi r_b !1. n1 ¢r 1,.u i fl' I r b i 1 1^ y l y l ~ ~ d / T) AA 1 ~ t r y. Above. Gothic Revival Below. Gothic Revival ..112 West Oak 121 Hahn S Ae 1 r N'r ~ t N~~.~;i4,t..3 3Y~}'iSq~/~MAry~ ~ ..iu• r. . r r rte' r~ i a -e-!! • it ~ ~ + , T Above. Gothic Revival Below. Texas Indigenous Cottage 410 Wast Sycamare "The May-Wilkerson House" 609 West Oak % r Y f' A. . J - i~ i. : e" ;Sr; r. t,.~r.:% iia F 'ins i°i 5 ,MI r{~. e ~'".r ~'~'i :s~i ie t e a ` i y ~ r 9 . 1 ` 44 rfi.jE i4a'ir~ Above. Texas Indigenous Cottage Below, Texas Indigenous Cottage 213 East Oak 1103 Bernard . 'K M f A*' * v ' e ~w 1 r 7 7 j r a i i ,O r ,AOWO ~ • Y+ TIT ~ ~ . Above. Texas Indigenous Cottage He►ow. Texas Indigenous Cottage "Old Lacy House" 1314 North Locust 110 East ahird V wt A . 1 Y~ r dr r . Frt. tit' y 39 j I A f [ n,k. .•k !jj~~~~µ}µ}•+ ~ i 5A~ i\\,`~?~ ~ iT ~ ` i 4.i j~~`~a/J/~ 4 e, 4. 19 r r,~, •y~ Y r a~ t F3>y v~ ~r , r+•• • ~tk,r 4=+ Al'~L.r'~ • ...r♦ ice= li. .r+Ct Y f r t'. >♦{,Gr.~ ,}.p.1/..rl. ~'r~ r.t.wAr~ Ct. 6" 1 Above. Texas Indigenous Cottage Below. French Legation 409 Wast Syc+imore "Old Williams House" 516 Wast Oafs (demolished, 1983) r r' r I , I 1 IJVY~Y~y M ~ ~ I 0'^x Y x^ x. G,y Yj' w 2f ''-yw ~y 'r '!'`y♦ r °a~~ ~,i r) yr~-n 4 v X41 a r ~1 mow: f: ~t.~T_.'y'°• - may: i I.• Ni • J.! .IR1 a7R feA-*! 2.I. Jy ✓ rMir01«w~ •/+,1 ..N. . •yf i ' •.,.'aY~ ry. r• Above. Queen Anne Below. Victorian Romanesque "The Lomax House" 819 West Oak 723 West Oak • r .,r fem. r'^ • i All ~ r ow d, f f r by ~ ~ 1 ILI r a fd". ~Y r"~•~'.i a !r'~.~ 4 (,~Y n `4 1 r tr1. y' .n r A r f f r. r . C~ . r.. r .V L r r~.. i, Above. Victorian Gothic Below. Victorian Gothic 812 West Oak 619 West Oak , p; a h q. 'i. ~ an' r Y 9 ~ ' ~ v L 1 . "'R •,v i A a ;pi . i f , IYr T N ~ Above. Victortan Gothic Below, Victorian ;Mixed 1021 Oakland 719 West Sycamore r' 1 I ice. ~~I • ~ ~ 1 Illi ; i v v i u~ 7 1 I z'iTL 0 +v •:.•r a ~h1 Jlta~~ • v" V ~`kv~ ire a.. y Q\ el4f ..y 1. S~ J•~A ' ~ ! IQ ,err.. J• jam...- ~ . r`s~1! : • , ~ r w A WN y~y.•"' 1'JA~1',nt ~ ~ r ~ ~ yr, ~!`~shyf.~. - Y ~ ~ ~Ta~ t.1. TTY\+`t'-~+•~f J Malt.. • • • • : _ • _ ~G!'~ .T~ ice, ~ _ "Rio t ,y~17 , 6 • y 41, pwr I'm Imo: ~ 1~ T . T ,d. _i ~i~ e.:l ;,'$w ?Iy'+i~lq.•- _ .,~.,'.i C' la :D.. y *t !n ,x , i 1 1 { W _ @Pupal 11i OPEN Above. Victorian Mixed Below. Victorian Mixed 801 '.'Vast Oak 403 Mounts . ...._-.~...-.\-.......'em'u".. , R tiN 4' 1 ♦ Y. A , .0.l t• ~rRj~ °~^.'ir~"a~` 271f'.~p'~` ^•~,'^~,.s~yara,.r.F,s~-r.F1 ✓v' + '~SM' " i ~ i' '~',K+ { ` r`" is 7-1 1•' •t + •,:ice ~ • ..n , • j i rJ Above. Victorian Mixed Below, Victorian Mixed 1708 Wast Oak 722 Vest Oak Pol N 4.3 V~~t ~ .,r r J;1 ,.rye :y f~ Ryr ~Y ~MLM LAW Above. Victorian Cottage with French Below. Victorian Cottage with Legation characteristics, reportedly Italianate details, first house in Denton built Wth Acma- "Graham -Milltcan-Smith House" brick. 1428 North Locust 705 Wast Oak ~ r . rte.. , lot ` r -.-mss. • s. i =0+4. I . , ti's rr . ~ ~J''„ ~f.',. ,w Y. ♦ 'b'~ ti~.l~.._ • sir\~ C If I A7 777"~ foT 1, e s f • mum Above. ttaltanate style Below. French Provtncial 1023 Wast Oak 1312 North Locust 3 r *JWR ,F-. ..i, t2'vl't ~ien~ ~~h; e* ~ e4 + 4evr i',:S 21y ~ r' s Cn ar• a. : ~ ~ .r, f i _G i• Above. Shingle style Below. Bow-front Bungalow West Sycamore 927 North Locust r J.♦ r.. ~ a +d + ti,,^ r. A r rrJ,A.~ Above. Bungalow Below. Bungalow 619 Pearl 909 Wast Hickory t s,r, k M • r c to, , i r y y,~) F s fi [ 7y',~ ~a. L a r' I t • r . ~f t •T4 6 I ' '4i'NI I.i .A,ip t r t. fONK4r}~'•a.N.i11'~ rr ':.x•~. .#'•4'1R°SC.1~f •V.f. JJJ~.Y -01 Above. Bungalow Below, Bungalow 818 West Oak 986 West Hickory r M 0.1 1 ~j~~ ♦ IS •I lry. 1, to .~,+✓'.'f't -.4i'~JS~~,,•'v1~t7't1~+~.r~,.{••. ` ~'I'. .,byd .,h ; ;-mown wo 'It, ION . t~' =a..r. . / AM Lt; y*'~~ rl ~.1..yy tiMS r{'s~rl N.r~ a~ f T. r7YTV,A r 3 ~nr. V :,7~ 1' fl 1 ~ f ~ UY r APPENDIX 2 STRUCTUhES ZONED "Hn t L N w f a .1 ¢7 ' y 1~ x '`e ~S }r 4 p. HISTORIC LANDMARK ZONING PETITION City of Diaton, Texas SIT!; ADDRESSs 123 N. Elm CITT LOT & BLOCK OR LEGAL DESCRIPTIONt North (1/2) One-half of zot it alo'uxJ originateown `s t o (Photograph) PRESENT USE s Office ZONING s CBD CONSIIUCTION/DESCRIBTIONt Two-story brick buildin 2Stx80' wjtn cast w`on` aiaas~ bra facing our ouse square CONDITION EXTERIORS Vert GoodTNTERIOR: Very Good (GOOD, FAIR, POpR PRESENT OWNERS ADDRESS TELEPHONE Nancy.AAd Randall Boy NIJMER d_ 2813 Sell, Denton, Texas =g'gyg r ~r DATE EMLT; 1882 DATES AND EMAT OF ALTERATIONS/ADDITIONSt None r ortance to resent appearance, ,2e8toxation 1278"79 _ AMMITECT: 8,'I DER s .7 1 ORWINAL OWNER! RRt_~. SCr a urea ARCRITECTURAL STYLE OR PERIOD WITH DESCRIPTION OF ANY INNOVATIVE DESIGN FF~'"T'.'RES, DETAI1.39 MATERIALS OR CRi►a'TMUISHM Sae attached description, ' NATIONAL '=STER3 NATIONAL LANDMAP17 RECORDED TP.XAS LANDMA11?,r, ~ LOCAL SURVEYS OR kr& N;TION? ADD ADDITIONAL INJOR);~MN TO SCJPPORT CLAItS I~ED CA1'ECORY. IN CHLC ♦ `G',,g ~6k:.~,.A~Y«y~ fi► r . , `~x,Yj '1 "'^7,v 1 t 4 i=N1' 1'° BFI ~1 yet 'a``' 5 ' ti,h 1 i i ~C~' ~P . .rr . r! s + 'r a 3s stir s ~ A. <<~ r. OQJ" KISTOFtIC LANDMARK ZONING PETITION Oity of DORtOa, T*XA& SITE ADDRE88s 607 pearl Street L ' CITY LOT 6 9LOCr_ OR LEGAL DESCRIPTIONS attachment ' ..........r....~.~..~~,.,~.,,~~..,, e, o ?RESENT USBt rye 1, nce ZOtiiNGtmp R. CONSTRVCTION/DucarPT10N ty SStuccc+ with _ wood .trim . EXTERIORS 1NTERIORs Good raj~ (GOOD,. FAI R, POOR) PREP SENT OWNERS !DDRESS TELEPHONE James E. Hayes Rt.l, Ar le Texas ER . ----------.9Y ~ -3339 r. William Sigas,~.~-~,..r._ n...~." DATE tUILTs 1914-15 5 _ DATES AND BXTENT OF ALTERATIONS/ADDITIONSt CHITECTt PUILDERt ORIGINAL OdNE t W. S ns ARCRITECTURAL SME 0 PERIOD WITH E CS RIPTION OP ANY iN;tOVATIVE DE5IGN FEATURES DETAILS, MATERIALS ;:R c h"Ak'TSPANSHIP: to Venetian Palace st le with wide over eves arvI carved rxirx Be coura; so n rrwa Casemen NATIONAL REVISTER'I'vv% NATIONAL I•AItDHARXI n RFCORDED ''E3AT LAND1SAUI no LOCAL SURVEYS Ott RECOGNITION? _in - 1976 n'of hi4~ r cal archit~t~ Denton o£ by Bertrine, Loaak'~j, ADD 46DITIONAL' INFOPIO. ON TO SUPPORT CLAIM,YN CHECm CA?ECORX. Research ii ,being continued on the previous owners of the hum tl=dgh ' ooikesco►t,;An a with surviving relatives, At 54 R ~Y r,1~i n r YY'~ F. ~'Y m ;d y y a ~ p f. P y n S BISTORIC LAlPdMARE ZONING PETITION city Of $aatoo, Taxis SIU ADDRESS$ CITY LOT '6 aLOCz OR LEGAL DESCAiMON1 Paingr cArt.-lac Lit M" .....-.men ern t n , Ail Ahdtrgm~, (Photograph) PRESENT USES _Reaident al ZONING! SF•7 CONSTRUCTION/DESCAIPTIONs WAMAn mm. GNl' I ION s EXTERIOR! OR! (GOODY~~ INTERI PRESENT' OWNERS ADDRESS TELEPHONE Linda Lavender 9 Oak St. 387-pg95 DATE SUILTS Ca 1880 DATES AND E=NT OF ALTERATIONS/ADDi:'YOt~Ss In 1886 H.E. May extensiveLy re nfled the house j changing the dfIleoti j o u e- Me d M. over) 19=11.3 ~O ORIGINAL of s . . ARCHITECTURAL S~YZ `09 P D WITH ESC P'TIoN or ANY Lr'WOVATIVE DESIti'Y DETAILS. MATERIALS OR CRAFTSIWSHIps TEAT 3> Alterabionso adding a porch along the front; and changing the board arid batten exterior to cypress clapboard. In the years between 1886 and 197Q a kitchen and a bathroom had been added to the rear of the house. the kitchen was removed during restoration and rebuilt in the same=! 7950 using much of the same material and keeping approximAtely the same roof line. cu AZAAL REGISTER? NATIONAL LANDIUM?RECORDED T LW SURVEYS aR MOM TION?..~...~.. X1.4 LANDSiARICt..;..~,,.,.. ADD ADDITIONAL INFORK47ION TO SUPPORT MAIM IN CUC= CA'T'EGORY. • •'y `u .w - ."wwr~..rrr.~.•r..rwr'.".'r~~r.~ m;Fh. fF 1 ' '1''+ a S ! ~^CSfs .p _ 11 - T n r!`1 I 1, ! 6 /I .Y1 i . gISTORIC ' LAED!lARF. ZONING PETrn4H City Of Osatoa, TaYas SM ADDRESS s_? 'est k CISY Lo'r 6 SLOG"X OR LEGAL DESCRI8T10Ns s o! 14111 Jam _Uaj_11_q,,rvav_Aiqjf (Fltotogrxpt~) • Home PRESENT OS8s -sch ZONINGs *Special Permit S eoitic Use CONSTRUCTION DES p 1 Wood Frame Witthpooms 77roFy- COUDITIOlf: . EXTERIOR: exoellsntIl"EXORs excellent (GOOD ,,F , BRESENT_ OWNERS ADDRESS . TELEPHONE Charlotte -Favors Mont ome~_ 92'f West Oak 0entun -1792 o,~,n„rt,w,,, ors eavors V24 , am9 t0Wn"` @nwCon . ...rye.. w,.r.~r,r.rr ..ra.rr~, ...~......~..r .r r DATE BUnT= 1906 DAM M MElfi OF ALTM4*1ONS/ADOITIONSt The kitchen wrAs modernize an a laund and utilit room added on the eo ,,rss r o ao 0 o n o ier n e ear AFXHITECT BUILDERs 4.a x r ORIQVAL Ot s ac ar ara r tal ARCg1TECTURAI. SYM OR PElMOD WIM-5E CRMION OF ANY INNOVATZI DESIGN, TEATUA53 DETAILS,. MATERIALS OR CRUTSIWSMp: SAO _Attachment ~ one ~ .r . J.. ...t r.. N. h RATIO" REGISTER? NA710YAL LANOKM? no RECORDrD MU S EM& SURMS OR R~ION? e n l $ J.ANDilARSC?wmfto~ Sites of Denton _Countp, lg7y6 Included in the Aap o t srM.1t4et re ALMhlnin2 in t,hA ^ ni C~ + historical irl . ~ }A t9?6 Bi en+- °n- K~.VIA, ~..ri~~ nor A ADO ADDITIONAL E4ORM=ON TO SUPPO' RT CY.AIM IN CItECXEn CATECOn. r...w ~~rr.... 1.......r• 6 Y ` .w rwr.rr. Wr.. r r f nr . ~1 x F i ^V62` .n6P a, r .x. ~ y ~ .y i }ry .'d t 7 r rM y , r V 1 HISTORIC L NDKW ZONIA, PFTITION City of Denton, Texas SITE ADDRESSt;o~25- CITY LOT BUCK OR LEGAL DESCRIPTION: Low- PRESENT USES t1 r. zONING: SP CONSTAUCTI N/DESCRTPTION: CORDITI / EXTERIOR t r-7, INTERIOR t GOOD,, PRESENT OWERS ADDRESS TELEPHONE NtJ1~ER • l J ~ r C .1 ir+ It / / e`r ...~+r~rr..rti.r,rr,rrr DATE ?,UILTs DATES AND EXTENT OFALTERATIi)NS/ADDITIONSs~yi ) S ~ ARCHITECT: BU ERs 72 er , ORIGINAL OVERS r•. i : /,w . ~ o.~~L CB~.et Irl //r a Wit. ARCFIITECTURAL $Mi ft PERIOD WITH DES RIP DETAILS, MATERIALS OR CRAFTSIW$HIp: TION OF 1NY INV OgATIYE D SICn`i, FEATURES, P r r ' NATIONAL. REGISTER? NATIONAL LANDIWX? RECORDLD TEEAS LAND 4, 1 r FU1ZIC?.~+...~.. LOCAL SURVEYS OR RECOGYITION? i:t~d f.n Am + { tltAC1 iniln4•f~e 077, itae T { U + p•f~r~n t. ' eA M '~,r ..f_i {e~A.,{A ZenLf {hn+if 4 t+r n~ r9.•...'rrr~. «•f ADD ADDITIONAL INFORMATION To SUPPORT CLAM IN C1iECtiED CA7ECORY. ' CAtgra categories, ,rl, Ot i, 6, 9, 12 1. F iT ti I 1 r F 74py ^-~''A J 4~G.^r. fr ^el bb 6 ^ 1?7' di n >-0~._ ° pl'3'~ i,r I1,, 1;.;.t~. f MISTORIC LANDMM ZONING PETITION City of Denton, Texas SITE ADDREM,, 811 Best Otk - - CITY LOT 6 BLOCK OR LEGAL DESCRIPTIONS N177 Lt 1 M,RID:nnoa `3 /k 1fl'0 i PRESENT USES Residence zomos By 7 CONSTRUCTION/DESCRIPTIONS B_tsri red trick r `I"1 c•~ With central an try trivIe 419 ors on Man motel reef erc~e'Tvi'~evr ae ~f-r'r CONDITIONS level; c ere ce en EXTERIOR: Good IN1'MORs Good (COODt.FA Ro OUR PRESENT OWNERS ADDRESS TELEPHONE Dr. rad Mre. J. Den Venn 811 Weet OekIIIDER "'387= ?b1 era. ' in 1931 DATE, BUILTS cs ietedIDATES AND MENT OF ALTERATIONS/ADDITIONS: Betvee■ 194+ end 1 n Gxter er deir in the northeast vin vee converted-W; v n v. ao r e rt ns err as Keys -A Me Jn'Wrjor'Vpr jj!j0ft iaa CH111SCTs D d Willisic- BUILDERS sea s eY ORIGINAl^ OS< Rs ur, M. L. s ARCRITEC."URAL STyu o pZRI ~`Tl( DESCRIPTION CRIPTION OF ANY MIOVATIVE DESIGN, FEATURES10 DETAILS, MATMUS OR CRAFTSIIANSHUo., SSeeerettecked descri>,tioa, NATIONAL REGISTER? HAT163AL LAND14AM? RECORDED TEXAS f•ANDMARR? LOCAL SURVEYS OR RICANION? Listed an a'etsamTrateric Architeettre, eite'17 °tlt~G~ Taxes Histttieel Covbt ADD ADDITIONAL INTORMATION TO SUPPORT CLAIH IN CHECM CATEGORY. I llay+ iP}Y 'IYkti >g-i rV a RISTORtIC LANDMARK ZONING PETITION , City of Untoas Taxas SITE ADDRESS 3_723 .I . yy`j~'~0.• s Oak 'onton Texas CITY LOT b {BLOCK OR LEGAL D! r r _ ~..Iot 7, r ..rcKitnon ,dd~ ition W 1 t .C..+_.• r #971 y ri' 9 r PRESENT USES ane~Aarnn i rF r CONSTRUCTION/DESCRIPTION s avo• r ypazf 7.1m C. h NDITION0 i EXTERIORt V IN1'ERI08.,, (GOODI„PA R, OOR yord re:prty in pro-c-4:4 y y _ , w--- y , PRESENT OWNERS asas..r.•r.~.e. U LOW& .o+r 723 i.art CRIB M ~3E2.5!,L ~'_r,~Lr.Pntrl rnA P~rr1 I`e rn-+ ! 1 'r"-"_ DATE BUILT t 1_ DATES AND EXTENT OF ALTERATIONS /ADDI?IONS= Crigiaa2 condition ARCHITECT.,-,,,* 'r„~:'•n ORIGINAL OWNER! UILDERt .~a. t o }p r r, rrc r ,•f Graham ARC$ITECT4RAL SIYLB OR PERIOD WITH DE CRIPTION Op Ally INNOVATIVE DESIGN, rEATURES, DETAILS f MATERIALS OR CRAFTSMANSHIP! ,rrf,..~~n pr'nnfira Gothic ritt. Greek "ttite2'sbr,' See Critarias #3 and g, ...~w.., .r NATIONAL REGISTER? 1. N6T:oNAL LAND1dARiCr no RECORDED LOCAL SURVEYS 013 REda-LiITION? Or ~~I?no Z'A•fAB {8t0 irA~ Genes{art^n 1 penr al, D i:ia~nr{n ri ea' 9r76 leg r{ irAt{ny rtf rray.,«.^ ~--?te~ttr e rer~inirsl„It ADD ADDITIONAL M-ORMATION TO SUPPORT CLAIM IN f.`HECKED CATEGIIRY• Sed 1:tta chlkl forms Cl'itoirin to bs used in historic~►1 lotk ark deri r►xtion atrt 6 eXt"ai Lions bnd supfortina histbricMl iaxcrmrationr '~gg/ d r..•• I. •a.~r.• W r • •wY.••,~~YriMYY.~.,.r•~.Y- '~rIM4•.. 16(s~ MM.,4.V,A ,••Ii•rYr.Ir x `rye, r t '6 t 17 t ftV3; h r .4,y S HISTORIC LANDMARK ZONING PETITION City of DAuton, Texas •A SITE ADDRESS: Irl W 1A ,E. CITY LOT 6 BLOCK OR LEGAL DESCRiPTIONi -me X- I q 4L • PRESENT USBs~t' ZONINGS: COt UCT20N/DESC IONs~ I CONDITIONS RXTERIORt INTERIORs~. (GOOD,..FAIR, POOR) PRESENT Ot~_ ADDRESS TELEPHONE " 4L.9..~AF'kr4 Q1 nwER egg . ,4c s 7 VATS BUILT!-,63 ,J BATES AND BRTENT OF ALTERATIONSADDITTONSs CHITECT: &I-d JA' It BUI ERr , ORIOIN :L 01MR q y ' ARCHITECTURAL SJrOR PE OD WITH DES IPTION OF ANY INNOVATIVE DESIG;i, FEATURES DETAILS, MATERIALS OR CRAFTSSiANSHIPt~~ , NATIONAL REGiSTE•RT NAMNAL LANDIWX?RECORDED TESAS LANDMARK? LOCAL SURVEYS OR (COGNITION?_.9xaS t l ric~l CnM iar ehIa j'1•nh+nra 4 . +....rr.,. iitAJ Of 06 9ctil:A : d."A D1~f 2i ~~l.A ~ tY in _ - r a u. +.ad ADD ADDITIONAL IWORMATION TO SUPPORT CLAIK IN C'HE= CATEGORY. dee nEt~d:0d Srifor~ticn 6v e r C t t vi~' S i iC q9 .r W r a F+t r TT r+~, ~ 7 ,t,. HISTORIC LANDMARK zoNI1jr, PETITION City of D4nta w - _ SITE ADDRESSsr__ 1003 west oak CITY LOT & BLOCK OR LEGAL DescRIpTION: 100 x 167 lot, of E. Pvdmiski ae Fam of Dent-m, LOWt Texas.- PRESENT USE sAWINr lY 201100 s. SF-7 t CONSTR DESCRIPTIONS"'. -eaVes. Dog t , CONDITION; $ r 4 oolmis. EXTERIORS_C~Q~,~ INTERIORs~d (GOOD,, FA ,ice POOR)- PRESENT 0 MRS ADDRESS TUYSMONE . _Rollin b Barbara Sint~er _ 1003 West Oak, Denton, Texas `82=730 DATE BUILT s.._ 1.913_IDATES AND EXTENT Op ALTERATIONS/ADDITIONS: to-pr tsenappearance Resoration 1974 19 CHITECTs DUI ERs ORIGINAL O';NER: o DETAILS ARCHITECTURAL STYLE OR FRRIOD WITH DESCRIPTION OF ANY INNOVATIVE DESIGN, FEATUS. MATERIALS OR CRAFTSMANSHIP+ See Attached description, NATIONAL REGISTER? ~i'NATIONAL LANDI~lAU?RECORDED TEXAS L11NDHARK? LOCAL SURVEYS Olt krc GNITICN? r ADD ADDITIONAL INIiORmAT10N TO SUPPORT CLAIM IN CilEC10rD CATECOAY. Ak y~.e. ._r.-.._. - ..._...w. ...+-•~.r~.rrr.... .r...w r.rr.n .w _r. w,.~+r.wu ' 1' x.74, ''h W y r 1 ! ! f r. µr i,t r 77 S18TOItIC LARNIMARK ZONING PETYTION 1; . City of D atoas Texas SITE ADDRESSt ~ 0 Denton CITT LOT i BLOCK OR LEGAL DESCRiPTIOt(a V - 'In. 996 TrAp-t 171 ~arvAX 121 X 157 - om A/Ch 3t. ra PRESENT USES '_pide:.Ce ZONIN007 CONSTRUCTION/DESCRIPTIONt „t -itil CONDITIOR EXTERIORI ' INTERIORt_+eir d (GOOD ,.,FAYIt Pouy- PRESENT OWNERS ADDRESS TELEPHONE :.;isa Jettie Jo. Currinas 1023 eat uaSc ;t.reet Cp:,tr.n R!!.b DATE SUiLTs l0 0l~ DATES AYD EXTENT OP ALTERATIONS/ADDITIONSt none Y -Crigi 1091TECTt ERs !lp i:i.l ORIGINAL OWNERI 411 d f l3va_ n ARCIiIT$CTURAL STYL8 OR PERIOD ITIL ESC PTION OY Ally INNOVATIVE DESICN# rvATURES, DETAILS, MATERIALS OR CRAPTSMANSHUI VanA , i •.•i. r. c v i h ntr rra m e une e u er the corn c Is a , ve carv ou a xor a ornamen o a one. a or; roo :as e, r e ver nl without vl,91'010 au its L a_l an ividdgw !A1,:te;c9E .,.e :r:a ao~ e. NATIONAL k+'.GISTER? no NATIONAL. LANDMARK?_n Q RSCOADZD TZUS ~MM? nom LOCAL SURV09 OR RMOONITION? ' ADD ADDITIONAL INPOV ATION TO SUPPORT CLAIM IN C'HEC= CATEGORY. to% 31 d5i #69 09 and d116 1 ~a ri ,4'~ V ''~i " S{, l + . w n rte" iA iii4, # ' . Ca PR•^'Y4~.{ ~ Ec•3. ~ t k, It :.i 1 1 ~ i"9~ F 1,• .~~.~F. 1,7.x.' ,t' , HISTORIC LANDMARK ZONI cC PETITION City of Denton, T•xas SITE ADDRESS t_Jo j5_'! . r".. CITY LOT 6 BLOCK OR LEGAL DESCRIPTION: 600 ~ • L-of art t~A V A aC . •0 o 1 a' e } aead Be o e on County Texas. ee Attae en r PRESENT VSEs_Residence ZONING j SF-7 CONSTRUCTION/DESCRSPTIONs brick a at con ' a s oona ce ,tile rnn? and NDITIONs • EXTERIOR: Ver oodiNTERIORs Very ood (000D,•FAIR, PCO PRESENT OWNERS ~ ADDRESS a ichar9..,~ ie ft Jr . and, - - .0 15 Marv chsetitde ,r a DATE BUILT: i`QI? DACES AND sxi•EN•r of ~r o.1s/sDDltioNSs 1966-extensive t nn o n erior and exterior) 1974--garage re o ARCHITF Ts o ..U oe a ITo easr. ping ORICINAL OtWNERs ~a rsy can un_n_ ng ARCHITECTURAL STYLE OR PERIOD WITS DESCRIP?ION OF ANY INNOVATIVE DESIG:i, FEATURES, DETAILS, MATERIALS OR CRAFTSIWSSIPs • " Spanish Colontal ROV • e7 I so on NATIONAL P.EGISTER? NATIONAL LANDMARK? PECORDW TESA3 W;DMARK? LOCAL SURVEYS 01 RE`C6CVirION? he ho 1°e is ~ri 'the dveoially dasigrSa `1 • ADD ADDITIONAL INTORMATI0N Td SUPI?oRT CLAIH IN CHECKED CAIECOAY.Y i ' ~'ir ,5„n;oCr. s,~;ac,~c, 41~s{,,. q s .Irr,"'y~°' a x + i MISTORIC LANDMARK ZONING PETITION City of Denton, Texas SITE ADDRESS t, - y GLI. e Y CITY LOT & BLOCK OR LEGAL DESCRIPTION: ur 'r 9 1 (Ptfotograph) ' . PRESENT ZONUl s CONSTRUCTION/DESCRIPTION: &mG f' l,r,• tnl he• u j 'cf 'n • OMITIONs EXTERIOR: l~1~INTERIOR:i.'erYt (GOOD,.,FAIR, POORr` PRESENT OWNERS ADDRESS TELEPHONE 11BER ' SZ~ ~~i~l~l 'Y1 E;..i-~T~~1-~: ~.'i 1•j~ C,~. /r~ I .'lei ~l~/~. ~i '~~{"~~L~~'~~.' DATE BUILT: ~ DATES AND EXTENT OF ALTERATIONS/ADDITIONS! Yc'• 5.~; e.un L~KC,Tnj C~14'ii.1' 10 l1Gtp01.. e.A uolk.tyWil, 11CUITECT: BUI ER: ORIGINAL OWNER: ARCHITECTURAL STYLE OR PERIOD WITH DES °.IPTION F ANX~h'f10VATIVE DESIGNg FEATURES, DETAILSO NAMIALS OR CRAFTSMANSHIP: Qy 4L 11 C"r 1. NATIONAL REOISTERI NATIONAL LANDMARK? RECORDED TSIXAS LANDMARSI LOCAL SURVEYS Oft RECOCYI YON? ' ,do ALIT ADDITIONAL INFORl TION TO SUPPORT CLAY! tN.11,111MCM," WECORY. kyx [ ip 1 S 'S -,r 1y~~ i~ f~~ K ,C~ ,'Pr nGti SFr t;f 4e r`F a y~%a e1 W,n~.y i.~fi: r17" {r HISTORIC LANDMARK ZONING PETITION City of Denton, Texas SITE ADr'ESSs _JgI2 _Bell AV ` CITY LOT b BLOCK OR L CAL DESCRIPTIONS pbstraCt=W { i PRESENT USES-home ZONINGS CONSTRUCTION/DESCRIPTIONS story and a. Cf wood. living room floor of brir~i ONDITIONS Eka~??IORs good INTERIOR: good ((;OOD,.FAIR, POOR) - - ....--..-r......~ , PRESENT OWF.RS ADDRESS TEL$ i~;ON~ Mrs. Ruth M. Crary 1819 Bell Ave., Denton, Texas 4 '1' 383-2441 Or_ and.Mei_ 941tinaclpv rjnkanum -or-and Mre_ David Suck 11*25 _Avo. fi, npntn~n, Tpkm U20A9d nri and Mre Sid Hamilton R1QR1 IIiv wmh ~pntA m rgyAt Miss Maryy Marshall (origginal owner deceased DATE SUILTI~ IQ9' DATES AND N NT OF ALTERATIONS/ADDITIONSt a paB_Fn4pr kac •ddad rprnnfin9 and pYtarleir paint kitchen r a ---Amnr6v4m ]V 18 YearC Ann CUITECTs~~Npi pond BUILDERS Fd¢ar llAviri- en~~ ORIGINAL OWVERI iU& Marv S•larchal1- ARCHITECTURAL STYLE OR PEUOU WITH DESCRIPTION OF ANY Wih' VAITIVE DESIGN FE'P DETAILS, MATERIALS OR CPJJTS,W,SHIP-. Somewhat Colonial witsouthwesternl, influence. nrieinal J;~it; #lnnre_~p} in rindere rnntim,ec in aY~,~11pn} tnnditin_ n~~_ r n~ cr,WS to a oor w s nip t~'--=- The distinguished architect, WNW Ford, first home designed for a Client. NATIONAL REGISTER? NATIONAL LANDRARY.? RECORDED TE.YAS LAN'Di.M? LOCAL SURVEYS Ott RECOGNIZIJN? ...........r.... AUG ADD ADDT!:ONAL INFORMATION TO SUPPORT CLAIM IN CHECM CATECORY. + ~s r M e,~ . is r b ..7 ~'S I HISTORIC LANDMARK', ZONING PETITION City of Denton, Texas SITE ADDRESS se1-~ CITT LOT 6 BLOCK OR LEGAL DESCRIF'?ONs PRESENT USE s_R,r ZONINI; I CONSTRUCTION/DESCRIBTIONs EXTERIORS ee INT$RIORs ...:....tw........ . (GOOD ,,,FA R, R PR-- RSEHT^ OFPIEP_S ADDRESS TELEPHONE ' DATE BUILT s DATES ACID EXTENT OF ALTERATIONS/ADDITIONS tom, CHITECTs --r BUILDER s - ORIGINAL 41~JtiER -T`,"~" ; y~~-~ ---"-•r.-' ARCHITECTURAL STILE OR PERIOD WITH DESCRIPTION OF AMY INNOVATI DEsjiv N, Fh.'.." 7US I ~-DSTAI_LSp MATERIALS OR CRAFTSI(ANS IPs . ~ NATIONAL REGISTER? NATIONAL LANDMARK? R",CORDED TB4A5 LANDMARK? LOCAL SURVV.YS Ott RECO Ct~ITION1 ADD ADDIT10NAIA INFORMATION TO $UPPORT CLAIM IN CHECKED+CATEGORY. Qr r1+ . r s a d . 'w • , n i P d,;d ( n^ 0. ay 4~ . r Pi tier '.J rrT}V ~ '~t. f. +r . a w i•~., i ~d n~ 9~'~ r i 1,', t.'; r P ' • e i'[': If d 7. HISTORIC LANDMARK ZONING PETITION City of Dentoa, Texas SITE ADDRESS: 8,19 ' ast Oak Street CITY LOT 6 BLOCK OR LEGAL DESCRIPTION: ~'lorth part of Lot 101 Brock 11 of ne . ichsnnon ion of n ~I. •fa, 1 ^urvs .0strao r . ' "NNW PRESENT USE: Aa,3idential ZONING: S e' fi CONSTRUCTION/DESCRIPTION: Brick ONDITION: EXTERIOR: Good INTERIOR: Good ~i-~-''-'''~ , 1, -~:aw (GOOD,, FAIR, P OR PRESENT OWNERS ADDRESS TELEPHONE ;arroll and 32cty .Zion 319 3t Oak, Denton i~E~F2_~ DATE BUILT: 18~.2.._. DATES AND EXTENT OF ALTERATIO14S/ADDITIONS.- araund 1,910 and abai In j4'5 CHITECT: BUILDER: ORIGINAL 01 ER:..rs. A. J. ;,cri u ARCSITECTURAL STYLE OR ?ERIOD W7'"t3 DESCRIPTION OF ANY DN0VATIVE DESIIGN FEATURZS DETAILS,. MATERIALS OR CRAFTS24AN,:s:.P: Critiinallj IiCworian itaiianatt:. . •i33ion +!Vival I.AtOrior urACTZI aro ;i~. NATIONAL REGISTER? NATIONAL LANDl,AUT RECORDED TESAS LA..VDMARKT NliPli 3- LOCAL SURVEYS OR RECOGNITlm ti0n now on fil3 JA 4%"Ts-6kvi rr ADD ADDIT:OVAL INFORXATION TO SUPPORT CLAIM IN CHEC=f) CATEGORY. 67 t'-t'u`g. gt 0 WAS x k ar' t kri~ ln~Y. 1 r S. - 4, • LISTQRIC LANDMARK ZONIt"' City of Denton, Tf SITE ADDRESS:_ICI • 1&•'3 I1; p I w. CITY LOT 6 BLOCK 0 LEGAL DESCRIPTION: ' • 6I a K t . PRESENT USE s (:,.Q ZONING: CONSTRUCT ION/DESCRIPTIONt o)e ha v;•i•r~h CONDITION: EXTERIOR: F 1. INTERIOR: re. r (GOOD, FAIR, POOR P ESENT OWNERS ADDRESS TELEPHONE NUMBER i gstN h. I'1 ~•r l r~ ! Al ►G ~ w+. 'JA ~L StiaIt - 33~•ti's~S' -LL c44! V. "---=ti~'~,rt,...•Lh.~~~ DATE BUILT: y ~ t DATES AND EXTENT OF ALTERATIONS/ADDITIONS: f --Yj*c,,.~rr Iy i t41p ARCHITECT: N; T w` ti" BUILDER: ND i rN, vl~ ORIGINAL om E R : S =4 ARCHITECTURAL STYLE R PERIOD WITH D'ES RIPVON OF ANY INNOVATIVE DESIGN, FE.gT(t S~ DETAILS, IrATERIALS OR CRAFTSMANSHIP: at t r 1 rl,ti• 'r ti tIt, t l r far A ah CEN ' •t NATIONAL REGISTER? NATIONAL L.1ND1"AP1f? RECORDED TEXAS LANDIaARK? LOCAL SURVEYS OFt RECdGIJITIOh'? - ADD ADDITIONAL INFORMATION TO SUPPORT CLAIM IN CHECK8D+CATECORY. Ur/i W fly ii r"5 ~e,5 ry % X7"71 x^? ~'y~a t)i1 T{ ~1 `ti^ " { S. '9t i dM t 7r '~t:r`~-r`ai~~~ `:;Isx .^y 6i,. KI5TORIC LANDMARK ZONII;i; PETITION City of Deaton, Tetras SITL ADDRESS: J~Q W. ulCYn~l CITY LOS 6 BLOCK OR LEGAL DESCRIPTION: ; Z I/% or Lay Ciry (Photograph) ' PRESENT USE: `Qi:stylt~aAlr ZONING: CONSTRUCTIOll/DES CRIPTION: J r we= FVL&m%lf. %t I CONDITION ErSERIOR.: fa TNTERIOR: (GOOD,, FAIR$ POOR PRESENT OWNERS ADDRESS TEL~0`11E I F NUI03EP. DATE BUILT: DATES AND )iMIT OF ALTERA MNS /ADDITIONS:. *MIA =a ARCHITECT: BUII DEX: ORIGIIIAL 011 ARCHITECTUP.AL STYLE Olt PERIOD WITH DES RIPTION 0? ANY INNOVATIYF. DESIGti, FEA,I=S, • DETAILS I MATERL1LS OR CRAFTSlR.ASHIP: kjbj!) ~ . n r. rrr• - r~r_.r . •..n•rr~r ' rr '._r. rrr_w..r r•~ r r ~rrrrrrwr. - NATIONAL REGISTER? NATIONAL LARDMARY.? RECORDED TEXAS LAM)jV%RK?f LOCAL SURVEYS OA RECOGtiITION? ' . rr.•r wr rrrr_ M Yi~.fMlli~..l~t✓~ .w'r•rw,r___.. _ ..••Yw•rro_y M+~rrrrrw+l V.rW.w..r r•Y~ • ADD A OTTIOVAL INFORHAPION TO ,"SUPPORT CLAIN XN C6141= WhTECORY. • A iib .rpi, 7.y r l Y.".,. + 4i •.r r • "1 # } -YI S ✓ X„ 'y' r "t.N . ~vr r r, lf[" r e . u . "f s - i 1 'S • G 1't ! f r )IISTORXC LANDMARK ZONING PETITION . City of Dkntoa,Texas SITE ADDRESSs_220 North 10=t Street CITY LOT & BLOCK OR LECAL DESCRIPTXONs Entire Ci block bounded Qec t Austin streets. 81 oonta Fa, square feet. ' ~ 1/103 BlochT7 Original y~ ' t t (Pliotcgraplt) ' ' PRESftiT USES Vacant ZOGIIIGs CBD • ' CONSTRUCTION/DESCRIPTIONt Bri k at nj=ura d t-L ; ! t Ural qteal, r• CONDIT IOa' - EXTERIOR: I11TER10a 2wr fa Ea J PRESENT 01-MERS_ ADDRESS TELCPHOi1~; City of Denton oommomo~ Mmicioal Bl.kk Dentoni Tx Charles W. mga-Trr~ ul~ 1 ntCi, fix 4- -Wo i De * affiffa-ct siRpoveTBEny ,Zounc on DATZE MILT:1919-1920 DATES Alm E.M11T Or ALTERATIONS/ADDITMIS: Opened for iMM' E business on January 1, 1921. AltCl0.TECT:U- b- : ea , ; 13ulLDLR: I+RCHITiicrur.AI. STYLE OP. rERIUU MIT11 DL'SMI-MON Op A1lY 2I;1'IOVATIVE DESIG:t, rp.N II.*:S, DETAILS, IMERIALS OR CRA TSMUIStiM - . Pw-bri ~ eorgija a Ze _ asal -pedfinented'eiitrance with recess gyg ,gl 24-liaht uinc c 'arches'. CDntinous dentiled'oorr~i brick- na-racer with ~j1--. NATIMIAL REGISM.? NATIONAL LAIT01•L1RK~ •I , ~I r LOCAL Sl3R'4E1 S Ott RL OCiarrim Recogniz I r ~+%CORDED istor ry~ 1,x '1 and City of Menton Historio ~ County H stoica ADD ADDITIONAL I11'ORMATION TO SUPPORT CLAIM IN C11I CITO~ CATCCORX ' w, See attached. 70 r HISTORIC LANDMARK ZONING PETITION City of Denton, Texas SITE ADDRESS: E, Prairie Skreet CITY LOT & BLOCK OR LEGAL DESCRIPTION: 1.2/260 E. aLirle stree+- (Photograph) PRESENT USE: ZONING: CONSTRUCTION/DESCRIPTION: N CONDITION EXTERIOR:Fair to PooINTERIOR: N A (COOD, FAIR, POOR FFBSENT OWNERS ADDRESS TELEPHONE City of Denton Municipal Bldg., rtUMB~"ER 215 E. McKinney ~T566-830L DMZ, Established 'MM BUILT: -_1857 DATES AND EXTENT OF ALTERATIONS/ADDITIONS: C~tv C~^stp~v. Na*+~ cbam to 09 ;)w ~ QmstM in 1913, ARCHITECT: N/A BUILDER: N/A ORIGINAL OWNER:__ Hiram C115g ARCHITECTURAL STYLE OR PERIOD WITH DESCRIPTION OF ANY It,TiOVATIVE DESIGN, FEATURES, DETAILS, MATERIALS OR CRAFTS14ANSHIP: N, A NATIONAL REGISTEM' NATIONAL LMDVAM?RZCORDED TEXAS LAND;.AM? Pending LOCAL SURVEYS Oft REC00 ITION? .r..._ ADD ADDMONAL INFORIIATIM TO SUPPORT CLAff; IN CHECKED CATEGORY. l: N ~ P N~ .u . i' k< •fr", f ' ' I .A_ Y' r n h x IT ftisxORIC U11MMMIX ZONING PETITION[. ; City of Dduton, 'texas SITE ADDFXSS: 1314 North Locust 1~Iwwnwq ' ' G TY LOT G BLOCK Olt LECAL DESCRYPTION,: ee attached. ; PRESENT USE: res ldence ZONMG: off t CONSTRUCT TOH/DESCrTPTI011 l storv, i_e_r & beam - brick foundat o~n wora `114 YP'L Loo Pine si n o p roo centra If ormer, CONVITIO:1: EXTERIM:very food Zll'TCP.IOR: very goo {GOOD,. FA!:, 1,00?t - (:t,^_ MIS ADDRESS TEL Ito IE • n ,3ni u~ 7U~t;Ft~ _3QLl,..Fj.jtS:'y ?1...- IQQ -conk 7)p,n_*nnj.. S 7-96_7 _ Dl:TE );UIi.T: 1912 DATE tDah a Ftz1 AMERATIONS/ADDITIONS:~,- ARCUI.TECT: ar Juren Irc ceens L'U1I,DLR: FI, 71c!'ormt"CSC` ORIGINAL O,iNER. John J ; M c ac :m an A,mie 6MAc ac -A w e ARCBITCC't11"1J, S 1 TLC O;t L' gXOD 141TH UESCFtIPTION 0: ANY IMIOVATIVE DESTGNF, FEATUFn p DETAILS, I:A'rERL1LS Olt CItAFTSFF1FrSFFYP: See attached, RATIONAL 1tE0ISun? _ NATIONAL LANDSWV? FwCORDED TEMS LAFfUFTAF*? LOCAL SURREYS OR filSCOGirITION? ' ADD ADDITINAL INFORESATIOY 70 SUMIORT CLAIFF Ili cILtC1'.L••D CATICCORY. 72 ; Y { 7,r^ n e'": ' ~ «r r ~ ! t ~ y,,i rx • 1 • a ; J• 7 z w y ~•y •d. •y,. n t a'M , " J hY r T lir AM~ ;M1; ~+Y'~ 5'i',• • •M. A,'FY l P HISTORIC LANDMARK ZONING PETITION C'. H+. City of Denton, Texas SITE ADDRESS: CITY LOT 6 BLOCK OR LEGAL DESCRIPTION: (photograph) PRESENT USE: hit ZONING: CONSTRUCTION/DESCRIPTION! CONDITION: EXTERIOR: INTERIOR: (GOOD, FAIR, POOR PRESENT OlrJhfERS ADDRESS TELEPHONE tic Kt hna r1U 4 ~ r . 4% DATE BUILT: y DATES Ain EXTENT OF ALTERATIONS/ADDITIONS: fix ARCHIT8CT ,•W Vn►. cl .ra c 13ew BUILDER: ORIGINAL 011RT.R: ARCHITECTURAL STYLE OR PERIOD 141TH DESCRIPTION OF 1 . DETAILS, IJATERIAIS IR CRAFTSIWSHIP:0'6%y INNOVATIVE DESIGN, FEATURES, NATIOML REGISTER? NATI'JNAI, LANDIIA -F.K? LOCAL SuRYEYS OR RECOGNITION? V ~ RECORDED TEXAS LAND1,,~? ADD ADDITIONAL I.NTOMATION TO SUPPORT CLAIM IN CHECKED CATEGORY. 73 PETItION FOR HISTORIC~LANDMARK DESIGNATION TO THE HISTORIC LANDMARK COMMISSION, PLANNING 6 ZONING COMMISSION, AND CITY COUNCIL OF DENTON, UXASE IlWe, the undersigned, owner(s) of, or party(s) with financial interest in, all property herein described, do hereby file this, my/our petition, asking that the said property be designated as a historic landmark under the provisions of Ordinance X80-30 of the Code of Ordinances of the City of Denton, Texas. The said property is located at A~, I► and Is more particularly described as follows- le 41 - Pat" /s ; 00-f I.&I row. I/We herewith tender the filing fee of twenty-five dollars ($25). ;/We authorize the City of Denton to place a sign or signs on the above property for public notification of the proposed historic designation. name Address City State. Phone j 6~ ~l y~ S%, - rV Submitted this. day of 198 74 rx r;'r b` ~'~.`e51[ 't.J"l3 x n ^fi Q v~ Faa FPS .'Y "R~~,Y, . L°- Y'{ •w.4 ,S4 4'r?L t ~le,L y ^-4 . , r~J' 'vf '~,W'.•.a .i .'i 4 riYt + X HISTORIC LANDMARK ZONING PETITIOIi City of Denton, Texas SITE ADDRESS, 5 L 'I to c( CITY LOT S BLOCK OR LEGAL DES"RIPTION: I ~yj l-v,n~ veA i n A N~'/~ 1 CAL,. , r.le~2_G~-Acre +rd~i 1Qac4- +`f; 'V ILICI" LL CW'l Z,blec+r 7, ~ Alt$ Wrim 1'9, yt 6 PRESENT USE: , ONrNGt CONSTRUCTION/DESCRIPTION: CONDITIO~ia Q (GOODO r EXTERIOR INTERIOR: (GOOD, FA-It P04R .r PRESENT 0241ERS ADDRESS 9'ELEPAONE •r rs . ~L f?i c~ k., ,1 _ 155.5 L r n 5e $7t~""R DATE BUILTs DATES AND EXTENT OF ALTERATIONS/ADDITIONSt1,~.y~ U CAP 111!111:111''IA ARC(IITECT: BUILDEEt „ '"nA ke ~ Ire ORIGINAL. OSdiv~R s• T ~ e►~ t }r . ~Qb'~ D tv! C•3 A I~~ , ~ mss, l I ..~c+__ igi-A ARCHITECTURAL STYLE OR PERIOD MITI{ DESCRIPTION 0, ANY INNOVATIVE DESIai, FEATURES, DETAILS, MATERIALS OR CRAFTSMANSHIP: NATIONAL REGISTER? NATIONhL LARDHAt.K?R7CORDED TEXAS LANDI°ARICj L^CAL SURVEYS OR' RECOO:IITIO:4? 'ADD ADDMONAL IATORNATION TO SUPPORT CLATH IN CIIECKED CATEGORY. 7K F;,Yd<nrr el )IISTORIC LANDMARK City of Dcnta SITE aonss: ?03 Bolivar street CITY LOT & BLOCK. CR LvGA1r D?.SCRIPTION: Abstract 31 of Robdrt.Beaumon sr`ve~r, _PRESENT USE: residence ZONING: , CONSTRUCTI¢N/DESC:tIP,4zON 0 s~ f rame 'sLLrgle fam y CONDI19101. i - EXTERIO!i: very goocllllT.LItt ia: very good (GOOD, FA'L':, 1•UU.ci~ _ Pry EN"r Ot•I!ms ADDI2US TELEPHONS Sandra Ferguson Taylor PURER, .r.._~._.~. _303 Bolivar Streat 77"H387-8008 DATE BU lJT-.Cs 1905 r DATES AIi) EXTENT of ALTERATIONS/ADDITIONS.-None of importance ARCIIl: CCT: OP,ICINAL OS NER: " ARCHITECTUi2 S'iLZ ORt P£P',IOU 4lITIl DESRIPTIO3 OF AIIY lhNOVATIVE DCSIGNj FEA S DET ILS Xd TE L~LS OR C T'S'r i~IlI : 4'1 ase see attached descriptio no uc ed as part off'' Its o cra --a ouMe u, nr S. NATIONAL REGISTER? NATIONAL LAND141RK? RECORDED TE:{AS LAISDI~,,Y.? ~ LOCAL SURVEYS Oft Rreff ITIO~I? . ADD ADDITIONAL INFORIdATION TO SUPPORT CLJ1Il4 IN CHECKED CAT.ECORY. 76 t HISTORIC LANDHARR ZONING PETITION City of Denton, Texas SITE ADDRESS: 619 Grove St, CITY LOT & BLOCK OR LEGAL DESCRIPTION:^ Wt 1!0. Three 3 in Bloe 'No in oo anal Adnita_on. 17 ONING~ellin PRESENT USES Homo MvZ CONSTRUCTION/DESCRIPTION: Frame; asbest sip o mnoeiition roo`"-t;`or`igii;'T ~ Frick un era nr na on or g-na`' area , CONDITION: j EXLIRIORI i~od INTERIOR: Good (GOOD, FAT; F f)R , PRESENT E.:1T OWNERS ADDRESS TELEPHONE Wallace & rlizabeth 9r. I _'IrQ..s.:t , 7719 ,rove DATE BUILT: 1211 aoTUSeAconBist consisting of bedrONS4 DbITjgNSs_,~Prin~ Qf l~j3ay Addition t a ova an garage ana Sze a ARCHITECTS ` ORIGINAL 0 NCR sr; 8 I DER a e`ii, e .y,rhn W. and Ali -e fle?ty ARCHITECTURAL S1YLE OR PERIOD WITH DESCRIPTION OF ANY INNOVATIVE DESIGN, FEATURES, DETAILS, MATERIALS OR CRAFTSMANSHM Stes hi roof with single able, Front orch 22 1/4, x 8' with -o gCogrn of a c ana coiling an n ra pa r16- r ri a area n n n e ad r-- ass Dane x t n they side of door. original house windows. oca n ~o -an MA trees. most of them 75-100 years old. :NATIONAL REGISTER? NATIONAL LANDMARK?RECORDED TEXAS LANDMARK? LOCAL SURVEYS Olt RBCOGNITIONI Joodland Addition du , , , , .,,-,.~gxB~~and Aran to enrv ADD ADDITIONAL INFORMATION TO SUPPORT CLAIM 1!l CHECKED CATEGOIiy, a .e. . .n y HISTORIC LANDMARK ZONING PETITION City of Dentcn, Texas SITE ADDRESSS Sell and East HLckorv CITY LOT 6 BLOCK OR LEGAL DESCRIPTIONS Lots One through Eight, Block Three, $ajLroa (J1.1 on to the City o Denton ..r PRESENT USES Storage 20NINGS CONSTRU"'TION/DESCRIPTIONS One-story . f2Ll~S-wartshouee 1$ 900 Sa CONDITIONS ' o EXTERIOR: good INTERIOR: modeled (GOOD, FAI , POOR P-RESENT OWNERS ADDRESS RE A City of Denton. Z5rYear [ease to Grester _.IItnten Arta C'euncit. (I; BOX-1 194 r f ~rrrr.r~-- DATE BUILT: 29. DATES AND EXTENT OF ALTERATIONS/ADCtTIONSS ARCHITECT: reen w oo BUILDER: ORIGINAL OWNERS ity oS en on ARCHITECTURAL STYLE OR PERIOD WITH DES ICR PTION OF ANY INNOVATIVE DES'IG~I, FEATURES,~ DETAILS, MATERIALS OR CPAFTS14ANSHLPI in Industrial sty Ie the ot1 example err ~r NATIONAL REGISTER? no NATIONAL LANDMARK? no RECORDED TEXAS LANDMARK? r.o LOCAL SURVEYS OIt RECOGNITION? !_:o • -.r.r..... ADD ADDITIONAL INFORMATION TO SUPPORT CLAIM EN CHECKED CATEGORY, _ *7 13 J HISTORIC LANDISM ZONING PETITION City of Denton, Texas SITE ADDRESSs 5111 and East Hickory CITY LOT 8 !jOR LFh4AL pESCRIPTIONI Part of 1 t a 0D ln lock of a own o an on, UL v eet escr~ a me as and (Photograph) PREWT USES vacant ZONING: CONSTRUCTION/DESCRIPTIpNs one story, with basemant, 14, 000 r c an meta NDIT ONs EXTERIORI good INTERIOR: modeled (GOOD, FA ?0 PRE ENT OWNERS ADDRESS TELEPHONE Cit:L of Denton YUWER ~5.v~ar IAA-gA fP f ,srester nmn ° It _ DATE SUILTs_1g4,AL.7 DATES AND EXTENT OF ALTERATIONS /ADD IT IONS ARCHITECT: un nown ORIGINAL OTC y of'Denton ILDERs ARCHITECTURAL S FOR PERIOD WITH DESCR PTION OF ~NY MI OVATIVE ESICN F TdE~ DETAILS, MATERIALS OR CRAFTSMANSHIPt au aus, a onty examp a in as1 ~n u sa; buliding in the city. NATIONAL REGISTER? wn`°~ NATIONAL LANDMARK? no LOCAL SURVEYS OB RECOGNITION? no - CORDED TEgA, LAvDKw? ADD ADDITIONAL IM OAMATION TO SMORT CLAIM IN CHECIMD CATZOORY, r, ~1, AJPENDIX 3 HISTORICAL AREAS SENSITIVE TO DEVELOPMENT APPENDIX 3 HISTORICAL AREAS SENSITIVE TO DEVELOPM1iNT Courthouse Square Area North Elm, blocks 100, 200, 300 South Elm, block 100 North Locust, blocks 100, 200 South Locust, block 100 East Oak, block 100 West Oakc blocks 100, 200 East Hickory, blocks 100, 300, 400 West Hi+okory, blocks 100, 200 Pecan Street Cedar Walnut Austin West Denton Area West Oak Street, blocks 600 - 1000 West Hickory, blocks S00 - 1000 Pearl Street, blocks 500, 600 Denton Street, Flocks 100, 200 Mounts, blocks 200, 300 Gregg Welch, block 100 Sycamore, blocks 400 - 900 North Denton Area North Locust, blocks 900 - 1300 North Elm, blocks 1000 - 1400 Bolivar, blocks 600 - 1400 Northeast Denton Area Withers Texas Schmitz Pirtle College Grove Vine Frame irrr.r~. o t IN. APPENDIX 4 as DENTON ORDINANCE 777 N0. p AN ORDINANCE AMENDING APPENDIX B OF THE CODE OF ORDINANCES THE BYMADDINGS70 APPENDIX BR A , EWEXRTICLP ZIA ET TITLEDE"ART(ClTE Y 29~1 HISTORIC LANDMARK PRESERVATION"- DEF NiNG THE TERM HISTORIC L FOR ANDMARK; CREATING ~ HISTORIC LA.YD%IARX COMMISSION Al1D PROVIDING TION I OF PHISTORICD LANDWK$ RESPONSIBILITY; FHB O Cr?YO AND HE DEESTABLISHING IGNA REGULATINGO THES REPAIR, RME40VAL AND DDI"LITI~ OR EREMOVAL NOF HISTORICAL LANDMARXS; OF,FINING THE POWERS AND AUTHORITY OF THE PLANNING AND ZONING COK41SSION OVER HISTORIC LANDMARKS AND OF THE CITY COUNCIL; PROVIDING THAT HISTORIC LANDMARK DESIGNATIONS SHALL NOT AFFECT PRESENT ZONING USES; PROVIDING A PENALTY. WHEREAS, the City of Denton, Texas has a history and a heritage unique and different from any other City in Texas whir% is worthy of civic pride and preservation: ;;a4 WHEREAS, the City Council recognises its responsibility to preserve and protect places and areas in the City of historical an4 cultural importance and significance for the ,lentral welfare of the community; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY 6RDAINS: SECTION I. Appendix 8 of the Code of Ordinances of the City of Denton, Texas, the Com.% ehensive toning Ordinance of the City of Denton, is hereby amended by adding to Appendix 8 a new Articlt 28A to hereafter read as follows: ARTICLE 28A HISTORIC LANDWX ?RESERvATiG,Y, Section 29A•1. "HISTORIC LAND4ARK" DEFINED As used in this article, the term "historic landmark" shall mean any building, struct::re, site, district, arse, or laid of architectural, historical, archaeological or c-ilturaI importance or value, which the city council determines shall Se protected, enhanced, and preserved in the interest of :he culture, prosperity, education and gentral welfare of the people. Section 29A•2. DECLARATION Of POLICY. The city council hereby finds and declares as a aattep of public policy that the protection, enhancement, preservation 83 `771 .17 ' yak and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and general welfare of the people. The purposes of this chapter are, (a) To protect, enhance and perpetuste historic landmarks which represent or reflect distinctive and important elements of the city's and state's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places, (b) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic iandmarks by appropriate regulations. (c) To stabilise and improve property values in such locations. (d) To fete.- el+ic pride in the beauty and accomplish- ments of the past, (e) To protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry, (f) To strengthen the economy of the city. (g) To promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the city and visitors of the city. Section 28A-3. NISTOAIC LA,YOWKS-DESNUT10Y, The city council may desi;nate buildings, structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and dellneate the boundaries thereof. The suffix "H" shall indicate the toning destination of those buildings, structures, sites, districts, areas and lands which the city council designate is historic landmarks. Such designation shall be in addition to a a other use designation established in .he comprehensive son-ng ordinance. The toning map shell relfact the designation of s historic landmark by :he Utter "H" as r suffix to sny other use 84 y „w l,aM Y V . p 4}1 1t f~ •y~° e"f S l5 1 ~ designation established under the comprehensive toning ordinance. Section 28A•4. SAME-CRITERIA To HE USED IN DESIGNATIONS. In making such designations as set fore; in Section 28A•7, the City council shall conslder, but shall no be limited to, one or more of -he following criteria: (a) Character, interest or value as part of the develop. ment, heritage or cultural characteristics of the City of Denton, State of Texas, or the Unitad•States. (b) Recognition as a recorded Texas historic landmark, a national historic landmark, or entered Into the National Aegister of Historic Places. (c) Embodiment of distinguishing characteristics of an architectural type or specimen. (d) Identification as the work of an architect or master builder whose individual work has Influenced the develogment of the city. (a) Embodiment of elements of architectural design, detail, 2aterials or craftimanship which represent a significant architectural innovation. (f) Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural .motif. (g) Portrayal of the environment of a group of people in an area of history characterized by a distinctive arch!:ectural style. :h) Arehseologieal value in that it 1as produced jr can be expected to produce data affecting theories of historic or prehistoric Interest. (i) Exemplification of the cultural, economic, socill ethnic or historical heritage of the city, State at United States. Location as the site of a significant historic event. (k) Identification with a person or persons who significantly contributed to the culture and dcvelopment of the ,;:Zr, State or United States. (1) A building or structure that because of its lacatiur, has become of value to a neighborhood, community area, or the city. (m) Value as an aspect of community sentiment or public pride. Section 28A-S. HISTORIC LANDMARK COMMISSION•CR$ATFD. (a) There is hereby created a commission to be known as the Historic Landmark Commission of the City of Denton, here- inafter called the "landmark commission," composed 'of nine members appointed by the city council. The landmark commission shall include at least one representative from each of the following organitations or professions: (1) Denton County Historical Ccmml!sion. (2) The Denton County Sir Association. (3) An Archirect. (3) A Certified Public Accountant. (S) An owner of real property in the City. (b) The other members of the landmark commission shall be appointed from such vher individuals and oraanliations as the city council may in its discretion wish to consult or consider; provided that no one business or prclessional intarest shall constitute a malo:ity membership of the commission. (c) Members of the landmark commission shall be appointed for two year terms, except that the original representatives from the five fields of expertise shall serve for a term of two yews, and all other original members of the landmark commission shall be appointed for a one year tern. Thereafter all .erabers of the landmark commission shall be appointed for two year taros. Vacancies in an unexpired term shall be filled by the city council for the remainder of the term. 86 n r'- r. * ~i` S r i x h ° y (d) in addition to the nine members appointed by the city couneE,, the following persons or their designates shall sit on. the landmark Commission as ex officio Members: 1. The Director of Planning of the City of Denton.' 1. The Building official of the City of Denton, S. The Chairman of the Denton County Historical Commission . (e) None of the ex officio members shall have voting power, but shall assist the landmark commission In its various functions. (f) The landmark commission shall meet as often as necessary to dispose of the business of the commission or upon call by the commission chairman or upon petition of a simple majority of commission members. Five members present shall constitute a quorum for the transaction of business and all issues shall be decided by a majority of those members present and voting, except that in those instances where only a quorum of five is present at a rtaeting, all issues shall be decided by at least four affirmative votes, The commission shall adopt appropriate rules And regulations for the gonduct of its business and the election of Its chairman and other officers. The minutes of oath meeting shall be filed in the office of the city secretary. (g) The city attorney shall be the legal advisor for the Historic Landmark Commission. (h) The fact that one or mars representatives from the five fields of expertise may not at any given point be a member of the landmark commission, for whatever reason or reasons, shall not affect the validity of any decision or act of the commission. Section 1gA•6. SAME-FUNCTION. (a) The landmark commission shall thoroughly familiarise Itself with buildings, structures, sites, districts, areas and lands within the city which may be eligible for designation as 87 i•-r---+. C' i.. x r 7, 1 11 M -77,T7 historic landmarks and shell prepare an historic landmark preservation plan, hereinafter referred G> as the "preservation plan," which shall: (1) Establish criteria tc be used in determining whether certa"n buildings, structures, sites, districts, areas, lands and other objects should be designated as historic landmarks. (2) Establish guidellnes to be used in determination of whether to grant or deny certUicstes of appropriateness and certificates of demolition or re.oval. Formulate a prolism for private and public action which will state the role of various city agencies in preservation of historic landmarks. (4) Suggest sources of funds for preservation and restoration activities and acquisltians, to include federal sources, state sources, private and foundation sources, as well as municipal sources. (S) Recommend to the proper agencies incentives designed to encourage historical preservation. (b) The preservation plan shell be presented to the city planning commission for consideration and recommendation to the city council for inclusion in the comprehensive plan of the city, CO The landmark commission shall recommend to he city planning commission ordinances designating certain buildings, structures, sites, districts, areas and lands in the city as historic landmarks. The landmark commission shall hold a public hearing on all proposal ordinances and the owner of any land included in the proposed ordinance shall be given at least ten days written notice of the public hearing, i ~S y v (d) if the landmark coatniseion finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the landmark commission may recommend to the city Council thitt the fee or a lesser interest of the property in question he acquired by gift, devise, purchase, eminent domain or otherwise, pursuant to the city charter and state and federal law. (e) Where there are Conditions under which the re;ulred preservation of a historic landmark would Cause undue hardship on the owner or owners, use district changes may be recommended by the landmark commissiaa. (f) The designation of a historic landmark may be amended or removed using the same procedure provided in this article for the or+glnal designation, (g) The landmark commission shall Provide information and counseling to owners of designated historic landma ks. Section 23A•7. ACTION BY THE CITY PLA.YNING CO?MISSION. (a) The city planning commission shall hold public hearings as provided !or in Article 1017f, Yernon's Annotated Texas Statutes, to consider any historical landmark designation ordinance after raceiving a recommendation for the landmark commission. The notices provided for in A,title 1011f :hall be sent to all owners of property which is proposed for "N" designation as well as to :he adjoining property owners specified in said article. (b) Within thirty days after the hearing, the city planning commission shall set forth in writing Its recommen- dation, including the findings of fact that constitute the basis for its decision, and shall transmit its recommendation concerning the proposed ordinance to the city council along with zNe teeommeadatior, of the landmark commission. Section ZIA-g. RCCORDING OF DES N YATION. Upon passage of a historic landmark designsti%n ordinanct, by the City Council, the city secretary shall file a copy of the ordincnce with City and Denton Councy Tax Assessors together with a notice briefly stating the f.t of the designation and shall send a ropy of such notice to the owner or owners of the affected property by certified mail. Section 2$A-9. EXTERIOR ALTERATIONS AND CHANGES-CERTIFICATE OF APPROPRIATENESS ORDINARY REPAIR OR b4lINTENANCE, APPEAL. No person or entity shall construct, reconstruct, alter, cl.•age, restore, remove or demolish any exterior architectural feature of a designated historic landmark unless application be made to the landmark commission for a certificate of appropriateness and such a certificate be granted. As ussd in this artic:e, the term ,exterior architectural feature" shall include but not be limited to architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public: way. (a) Procedure when building permit is required: (1) When applying for a building permit for the exterior of a designated historic landmark, the applicant shall submit two copies of all detailed plans, elevations, perspec- tives, specifications and other documents pertaining to the work to the building official, who shall forward such application to the commission chairman. Any applicant may appear at a regular or special meeting of the landmark commission before submitting an application and nay consult with said commission during the re viev of cse permit spplicatic:t. (2) The landmark commission, upon ten days written notice to the applicant, shall hold a hearing on the appli- cation. Upon review of the application, if the landmark commission finds the proposed work of a nature which will not adversely Frect any significant architectural or historical feature of the designated historic landmark, and is ippropriato 90 ♦ < 31 u " vy s ~uJ, yi 1~ wi., m 7ti I' $xnr. ti i 4~..il~~ li a t~ ✓~i t ~~i~C Yh c k Af -5. J` r i. "177 lys and consistent with the spirit and purposes of this article, it shall forward a certificate of appropriateness to the building official after the public hearing and the building official shall so advise the applicant after the certificate is received. (3) if the landmark commission finds that the pro- posed work will adversely affect or destroy any significant architectural or historical feature of the designated historic landmark or is inappropriate or inconsistent with the spirit and purposes of this article, it shall notify the building official that the application has been disapproved and shall notify the applicant of the disapproval and of the changes in the application which are necessary to sacure the approval of the application. (4) If no action has been taken by the landmark commission within sixty days of original receipt by the landmark commissio*i, s. certificate of appropriateness shall be deemed issued by the landmark caamission, and the building official shall so advise the applicant. (S) No change shall be made in the application for any building permit after issuance of a certificate of appropriate- ness without resubmittal to the landmark commission and approval thereof in the same manner as provided above. (6) After a decision is reached by the landmark commission deoyinj an application for a certificate of appro- priateness, a resubmittal of application will not be accepted for additional hearing within a twelve-month period from the date of final decision except upon written request by the applicant indicating that there has been a change ti conditions or that all changes in the application as recommended by the landmark commission have been made. (b) Procedure when building permit is not required: (1) Those proposed exterior changes and alterations not requiring a building permit shell be submitted in writing ql } 1 TVf~'r Pr - 7i~" vyt directly to the historic landmark commission for a certficate of appropriateness which must be granted before such work can be undertaken. Applicant shall submit a copy of ail proposed alterations and changes to the commission. She application must specifically describe the alteration or change proposed. Any applicant may appear at a regular or special meeting of the landmark commisslon before submitting an application and may consult with sold commission during the review of the application. (t) The landmark commission, upon ten days written notice to the applicant, shall hold a hearing on the application. Upon review of the application, if the landmark commissloa finds the proposed work of a nature which will rat adversely affect any significant architscturai or historical feature of a designated historic landmark and is appropriate and consistent with the spirit and purposes of this article, it shall forward a certificate of appropriateness to the applicant within thirty days of the recatpt of said application. (3) If the landmark commission finds that the pro- posed work will adversely affect or dastroy any significant architectural or historical feature of the designated historic landmark or is inappropriate or inconsistent with the spirit and purposes of this article, it shall notify the applicant within thirty days of receipt of said application that the application has been disapproved and shall Include in such notification the changes necessary to secure approval of the application, (1) If no action has been taken by the landmark commission within sixty days of the receipt of the application, a certificate of appropriateness shall ho deemed Issued by the IiedaArk cowission. 92 c {K 77 7 777 it (S) NO change shall be made in the application for Issuance of a certificate of appropriateness without resubmittal to the landmark commission and approval thereof in the same manner as provided above. (6) After a decision is reachtd by the landmark commission denying an application for certificate of appropriateness, a resubmittal of application will not be accepted for additional hearing within a twelve month period from the date of final decision except upon written request by the applicant Indicating that there has been a change in conditions or that all changes in the application as recommended by the landmark commission have been made. (c) Ordinary repair or maintenance: Ordinary repair or maintenance whicY does n:t involve changes in architectural and historic value, style or general design is exempt from the provisions of this suction. (d) Appeal. Any applicant or Interested person aggrieved by a ruling of the landmark commission under the provisions of this section may, within thirty days after the date of such puling, s appeal to the city council. , Section 2SA•10. HISTORIC LANDMAAKS•D E40LITiOY OR REMOVAL, (a) if an application is received for demolition or removal of a designated historic landmark, the building official shall immediately forward the application to the landmark commission. The landmark commission shall hold a pubic hearing on the application within thirty days after the application is initially filed with the building cfficial. The applicant shall be given ten days written notice of the hearing. The landmark commission shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, the existing and/or potentiAl usefulness, including economic usefulness of tae buildin`# the purposes behind preserving the structure as historic 93 landmark, the character of the neighborhood, and all other factors it finds appropriate. If the landmark commission determines that in the interest of preserving historical values, the structure should not be demolished or removed, it shall notify the building official that the application has been disapproved, and the building official shall ss advise the applicant within five days therefrom. It the landmark commis- sion determines that the interest of preserving historical values wi;l not be adversely affected by such demolishment or i removal or that the Interest of preserving historical values can best be ssrved by the removal of a structure to another specified location, it shall issue its Certificate of demolition or its certificate of removal, as may be aopr?- priate, to the building official; and the building official shall so advise the applicant within five days therefrom. (b) If no action has been taken by the landmark commission within sixty days of original receipt by the landrark commie. $ion of the application, a certificate of demolition or a certificate of removal shall be deemed issued by the landmark commission and the building official shall so advise the applicant. (c) After a decision is reached by the landmark commission denying an application for a certificate of demolition or a certificate of removal, a resubmittal of application for such a certificate will not be accepted for additional hearing withia a twelve-month period from the date of final decision. (d) Any applicant or the owner of any property located within three hundred feet of any landmark who is aggrieved by a ruling of the landmark commission concerning same landmark under the provision of this section may, within sixty days after the ruling of the landmarks commission, appeal to the city council, Following a public hearing to be held within thirty days of the filing of a notice of such appeal with the city secretory, the city council may, by a simple majority vote, 94 % d 'k r I o- IF I 'tV uphold or overturn shy ruling of the landmark commission aade pursuant to this section. Section 28A•11. PROCEDURE FOR OBTAINING BUILDING PERMIT, REMOVAL PERMIT, DEMOLITION PMMIT AND FOR ALTERING THE EXTERIOR OF A BUILDING OR STRUCTURE DURING PENDENCY OF CONSIDERATION 0? SUCH BUILDING OR STRUCTURE AS A HISTORIC LANDMARK OR AS PART OF A HISTORIC LANDNARK, Ca) From and after the data on which the question of whether or not any building, structure, or site within the city should be designated as a historic 181(imark is placed upon the agenda for shy special or regular meeting of the landmark commission, or from and after the data on which such agenda is posted in accordance with the provision of Article 6252.17, VeAPT•C•S•, as amended, or from and after the date that the landmark commission approves or recommends a preservation plan or any amendment of any existing preservation plan which embraces or Includes the building, structure, or site within the city, whichever data first occurs, no building permit allowing the construction, reconstruction, alteration, change, restoration, removal or demolition of any exterior architectural feature of any building or structure than existing including or embraced in whole or in part within the scope of such agenda consideration or such preservation plan or such amendment thereof, as the case may be and no permit allowing the demolftion or removal of all or any part of any such building or structure may be issued by any official of the city, nor if no such permit Is required, may any person or entity construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of any such building or structure, until the earliest of the following conditions have beer_;aet: (I) 1. final and binding certificate of appropriate- ness, removal or i4moIition, as may be appropriate, has been issued by the landmark commission; (2) The landmark commission fails to make a recommen• lotion that some part or all of any ouch building or structure 95 -F 1% M j µ...X♦r be designated a historic landmark or be included within a historic landmark or within a preservation plan or an amendment thereof within sixty days following the earliest of the above described dates activating this section application under the circumstances; or, (3) A final and binding decision has been made by the city council that no part of any such building or structure stall be designated a historic landmark or shall be included within any designated historic landmark. Provided, however, that should the city council fail to act within ninety days from the date an appeal is filed, the requested permit .►'ull be granted. The ninety day time limitation may be waived by the appellant to allow the city council an additional thirty days in which to act. (b) it shall be the duty of the landmark commission to furnish the building official with a copy or written notice of each such written order or such agenda or such preservation plan or amendment thereof, as the case may be, as promptly after the preparation thereof as is practicable. The failure to so furnish the building official with a copy or written notice thereof, however, shall not have the effect of validating say building permit, removal permit or demolition permit issued in ignorance of any such written order or agenda. In any instance in which any such permit may not be required, it shall be the duty of the landmark commission to give notice of any si!ch written order or such agenda or such preservation plan or amendment thereof to the owner or owners of any building or structure included within the scope thereof, which notice shall be deemed complete when actually given, orally or i, writing, to such owner or owners, or when written notice thereof is deposited in the United States mail, postage prepaid, certified or registered, with return receipt requested, addressed to such owner or owners, whichever event first occurs. 96 x 77 i fc) Any permit Issued to any Person or entity from or after the data of any such written order, or such agenda, or the approval or recommendation of s,ich preservation plan or amendment thereof, as the case may be, shall be null, void and of no force or affect until the earliest of the events described in subparagraphs (1), (2) and (3) of subsection (a) next above to occur. (d) Notwithstanding any other ptavtaion of this chapter, no building permit, removal permit or demolition permit shall be Issued by the building inspector for any structure located in a National Register District except as authorised by the subsection. The buildinj Inspector shall notify the landmark commission immediately of any application requesting a building permit, removal permit or iemolition permit for a structure located in a National Register District, Yo such permit shall be issued by the building inspector before the landmark commission has made a recommendation or scheduled the structure on its agenda or before the expiration of forty (40) calendar days, vH chever is sooner. If a structure is made an tgenda item, it shall be scheduled for a public hearing as soon as adjacent property owners are notified. For purposes of this subsection, "National Register District" is defined as a designated area possessing a significant concentration, linkage or continuity of sites, building structures or objects which are separated geographically but are linked by association or history; provided, that no area may be considered a National Register District for purposes of this subsection unless it has been designated in the Federal Register pursuant to the National ?reservation Act of 1966, as amended prior to the effective date of this amendment, and until maps depicting such area are made available for inspection by the public in the office tf the Building inspection Department, Notwithstanding any provision hereof, this section ;hall not apply to geographical areas designated as historic districts und4r the provlsl6ns of this ordinance. 47 K- rTr '.s .Wr is;ry ".r tl Section tgA~lt. SAME-OMISSION OF NFCESSAAY REPAIRS. (a) The' exterior of a designated historic landmark shall be maintained to insure the structural satzdness of such landmark. (b) If the landmark commission finds t'aat there are reasonable grounds to believe that a designated historic landmark is structurally unsound or in imminent danger of becoming structurally unsound, the landmark commission shall notify in writing the owner of record of the designated historic landmark of such fact. (c) Upon the giving., of ten days written notice to the owner of record of such designated historic landmark, the landmark commission shall hold a public hearing to determine if the designated historical building is structurally unsound or in imminent danger of becoming structurally unsound, The landmark commissions report may include evidence of economic hardship or willful neglect. (d) At the conclusion of the hearing, if the landmark commission finds that the designated historic building is structurally unsound or in danger of becoming structurally unsound and that no valid reason exists as to why the owner cannot or should not undertake to safeguard the structural soundness of the building, It shall in writing notify the record owner of the finding. (e) The owner of record of a designated historic landmark who has been notified by the landmark commission that such landmark is structurally unsound or in danger of so becoming shall within ninety days of receipt of such notice, satisfy the historic landmark commission. ~ -3;y ntcessary repairs to safeguard the structural - landmark have been effected, (f) If the landmark c:amissi;n determines that the building is structurally unsound but !here are valid reasons why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to the 98 # a city council its recomaendation as to what action, if any, should be taken on the structure. (g) Any applicant or Interested person Aggrieved by a ruling of the landmark commission under the provisions of this section day, within thirty days after the date of such ruling, appeal to the city council. Section !$A-13. HISTORIC LAND%LQ.X DESIGNATION TO COEXIST WITH OTHER U32 CLASSIFICATIONS. Use classifications as to all property which may be in a uded In a historic landmark designation shall continue to be governed by the comprehensive toning ordinance of the city and the procedures therein established. Section 28A-14. HISTORIC DISTRICTS DEFINED; RESTRICTIONS EXPOSED THEREIN; CRITERIA FOR DISTRICT BOUNDARIES ESTABLISHED; REQUISITES FOR APPLICATIONS FOR DISTRICTS SET FORTH; CRITERIA FOR EVALUATING SAME PROVIDED; DISTRICT PRESERVATION PLANS DEFINED; MIS- CELLANEOUS ADMINISTRATIVE REQUIREMENTS OF FOR MODIFICATIONI OF ORDINANCE PROVISIONS ESTABLISHED. (a) DEFINITION. Districts which may be designated Historic Landmarks pursuant to Section 29A-1 shall herein be referred to as "HISTORIC DISTRICTS" and shall meat. geographically definable areas; possessing significant concentration, linkage, or continuity of buildings, structures, sites, areas or land which are united by architectural, his- torical, archaelogical, or cultural importance or significance, (b) RESTRICTIONS. All buildings, structures, sites, areas or lands located with a designated historic district, whether individually designated historic or not, are subject to these regulat.,,;s. So person or entity shall construct, •:econstruct, alter, change, restore, remove or demolish in any way the exterior features of such building, structure, or site, area or l.;a until a permit has been granted by the building official of the City of Denton. Furthermore, no public improvements, Includinj, but not limited to, street construction, signs, lighting, sidewalk construction, parking facilities AMA traffic .dl r 1 :5~4 f h+ t i d i h r System changes, except traffic control signs and devices, shall be made within or affecting a historic district without approval of the city couyscii after recommendation has been submitted by the landmark commission and appropriate city departments. (c) DISTRICT BOUNDARIES. ':,e boundaries of historic districts shall be drawn so as to InCIUde all buildings, structures, sites, areas or lands which seat one or more of the criteria Set out in Section 28A•3 herein or which directly affect or relate to such buildings, structures, sites, areas or lands meeting on ant more of the Section 28A•3 criteria, provided that at least 511 of the total structures within the boundaries are of architectural, historic, archaeological, or cultural importance or value. (d) ESTABLISH.MEVT OF HISTORIC DISTRICTS. (1) Applications for consideration of a historic district shall be based upon architectural, historical, archaeological or cultural importance or value and accompanied by a report to the landmark commission containing the following information. (a) A list of specific buildings, structures, sites, areas or lands of importance or value located -within the prar2sed district boundaries and a description of the particular Importance or value of each such building, structure, site, area or land. (b) A map showing the boundaries of the proposed historical district drawn to a scale of I1'•1001; and the location of each structure of importance or value identified by a number or letter designation. (c) Sufficient photograp;s of each building, structure, site, area or land of importance or value showing the condition, color, site and architectural detail of each; and, '.00 r _a. (d) A description of each building, structure, site, area or land of Importance or value showing the condition, color, sire and architectural detail of each; and where possible 1, date of construction 2. builder or architect 3. chain of uses and ownership d, architectural style S. materials 6. construction technique 7. recognition by State or National Gttvirnment as architecturally or historically sitnificant, if so designated. (2) Application for establishment of an historic district on the basis of cultural or archseol)gical importance or value shall be accompanied by a report containing thn following information: (a) A may showing the boundaries of the proposed district drawn to a scale of 1"•208'; (b) A description of the cultural or archaeologic-al importance or value of the building, structure, site, area or land being proposed for historic designation; and (c) Any evidence which would show recognition by either the State of Texas and/or the National Government. (3) Applicatijns to increase the boundaries of ar, historic district may be r,ade if one or more of the following conditions are met: (a) when buildings, structures, sites, areas or lands of Importance or value are related to the district are requested for Inclusion. (b) When facts previously undisclosed to or unknown by the landzark commission are revealed which indicate that a particular buildin; or site is possessed of special a;c4ftecturai, archaeclog.cal, cultural or historical Leiportanca or value. 101 77751TP.77, 777M,-71, I r 5 7Y~~ "F 1'°t E~) Applications to reduce the boundaries of an historic district may be made when one or more of the following conditions have been met: (a) When It can be shown that a particular building, structure, site, area or land has no historic, architectural, archaeological or cultural importance or value to the viability of the district. (b) Wher exclusion of buildings, tructures, sites, areas or lands is necessary for major n•v development that would support either the architectural, histor:-il, archaeological, or cultural character or ecJ"omit viability of ;ho district. (c) When it can be shown that no degradation of the district either physical, historical, architectural, archas- ological, or cultural will result from exclusion of property from the district. (S) Application for inclusion or exclusion may be made when either continued exclusion or inclusion of property within the district would render it an economical hardhsip for reasonable continuation in its present exterior form. In order to establish such economic hardship, the owner must show that no ,easonabie elternstive use exists which allows the exterior or the building to remain In its original style. In evaluating economic return, the Commission may request the owner to document the value, rents, returns, tax burden, and/or contracts, pertaining to the property. (a) CRITERIA FOE DESIGNATION OF HISTORIC DISTRICTS, In aveluating apilications for historic districts, the landmark commission shall consider Sections 2SA-3 and Saction 28A-13(d). If the landmark commission recommends the establish."ent of an historic district or districts, It shat: caise to be prepared an historic distract designation ordinance which shall contain, but not be liaieed to, the following: (1) A statement of purpose setting forth the commission's reasons for recoms:ending designation it the district= and ins 'Y~'.. ~1 try v . Z:tl ~ ti, A'. viA d t 6~ 1 • v . \ i 1 - ' v Y K (2) A legal description of the bounoaries of the district; (3) flaps, charts and photographs of the buildings, structures, sites, areas, or lands located within the district; (4) Findings that support the criteria required in Section 28A-3 and 28A-13, if applicable, that establishes the particular importance or value of the district. (5) Recommendations for the protection and preser- vation of the district referred to herein as district preservation plan. (f) DISTRICT PRE.ERYATION PLAN, The district preservation plan shall include, but shall not be limited to the following; (1) 2onir,a Classification of Usei, Tho commission may examine the uses existing within the district in terms of their individual and continued effc4t upon the character, safety, economic and physical impact of the district and may recommend such changes in toning, height and area regulations. (2) Bultiing Code Acquirements, The commission may review and recommend any amendments to the building regulations it feels necessary to preserve the architectural and historic integrity and authenticity of structures within each such district. (3) Sign Regulations. T%* Commission may review the provisions of the sign regulations that are permissible within each such district and recommend such alterations in site, location, type and construction they feel appropriate. In preparing such recommendations, the Commission shall consider existing signs as well as criteria for future signs. In the event that an existing sign or signs are deemed to have a negative impact ca the character of the district, the Commission may recommend a method of removal or improvement of such sign at signs, reviewing such sign changes with owners or tenants prior to such romommendation. , I 103 M r c ! - N. c ! 1 e. t ~~t r p w ? _L jw"ell 'y y,r F fi~ k (4) Parking Regulations. The commission may revlaw the parking regulations in existence in the district and recommend any changes in numbers, or location of on-street and off street parking regairements it feels necessary to enhance the district. It shall review the adequacy of parking facilities in or affecting the distrtct and may offer recom- mendations for such public and/or private parking lots, garages or structures it deems to be in the best overall interest of the district. (5) Architectural Regulations. As a guide for those seeking a certificate of appropriateness pursuant to Section 28A.80 the historic landmark commission day, in conformance 'with the applicable toning classification, height and area limitation, and in keeping with the sigrsi,ficar, architectural, historical, archaeological or casitsral elements of each such district recommend regulations affecting the exterior of the building, including, but not limited to, the following: (a) Acceptable materials for new construction such as stucco, masonry, metal and glass curtain; (b) Appropriate architectural character, scale and detail for new construction; (c) Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers; (d) Acceptable textures and ornamentation .uch as paint colors and types, -iss of wood, stone, ,metal, plaster, plastics and other man-mAde materials, use of shutters, wrought and cast iron, finishis of metal, colors of glass, such as silver, gold, smo';e, and other details or architectural ornamentation. (e) Acceptable eccessoriss on sew o: existing structures such as light fixtures, gas lights, canoples, exterior rorpentry, tile or wood, banners, flags and projectionij and 104 .r e • (f) For those p'roperttes which are sites; areas, lends, buildings, structures, or vacant lots which are not of historical, architectural, archaeological or cultural importance or value, development or redevelopment may be at the owner's discretion as long as there is no variance from the historic district preservation plan to materials, scale and detail, appurtenances, textures, ornamentation and accessories, and the owner complies with existing regulations, in these instances, no review by the landmark commission would be required, and no certificate of appropriateness would apply, (6) Transit and Traffic Operations, The commission may review the transit and traffic operations in and through the district and provide recommendations to the urban transportation department and city council on routes, schedules, one-way and two-way street patterns, park and rise, shuttle services and pedestrian facilities that will enhance and preserve the character of the district. (I1 Public Improvements, The landmark commission may recommend to the city council acceptable public architectural and engineering designs including street lighting, street furniture, signs, landscaping, utility facilites such as electric poles and wires, telephone lines; design textures of sidewalks and streets, such as brick, stone and tile, and such other elements as deemed necessary for enhancement and preservation of the distr=:t. (g,, Administrative Requirements of Landmark Commission. (1) When a historic landmark commission considers an area as a possible historic district, it shall, prior to rendering Its final recommendation and report, sulait its report, including the district preservatlon plan or any proposed ordinance amendments to all city departments, boards and commissions and other public agencies di'dctly affected. (1) In additlon, it shall, and prior to rendering its final recommendation, make the plan available .o _the landowners in the proposed district, In the event the leea undir 105 ~aL'.d ~1.TM ;1W. -5 ~I C •i y7• L x i l' i s a consideration has established an historic district committee, the cosuaission may include the comments of such committee In its final report. If appropriate and desired, the commission should recommend that the city council adopt the restrictions to assure that future public investment complies with the term of the district. (S) Commission approved medallions for designated structures within the district shall be prepared and, subject to the approval of the owners, may be affixed to the "N" designated structures. (h) Changes in Provisions herein. Such regulations, restrictions, and boun6aries may from time to ,;iale be amended, supplemented, changed, modified, or repealed. In case, however, of a written protest against such change, signed by the owners of twenty percent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and ext:,r( Al S.7 feet therefrom, such amendment shall not become effecciv: except by the favorable vote of three-fourths of all metb,rs of the city council. Section 29A-1S. PENALTY f.a) It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, rare, or maintain any building, structure, or land in a historic landmark designation in violation of the provisions of this ordinance, and the city in addition to other remedies, may Institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, raring, or maintenance, to restrain, correct, or abate such violation, to prevent any illegal act, business, or maintenance in and about such premises. (b) Any person, firm, or corporation violating any provisions of this chapter shall bi guilty of a misdemeanor, end shall be deemed guilty of a separate offense for each day or 106 Y# ,r a. Portion thereof during which any violation hereof is committed, continues or is permitted, and upon conviction of any such violation shall be punishable by a fine not to exceed two hundred dollars. Section 28A-Id. NOTICE. Any notice required to be given under this title, if not actually delivered, shall be given oy depositing the same in the United States mall, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address. When notice is required to be liven to an owner or owners of property, such notice, delivered or mailed by certified or registered wail, may be addressed to such owner, or owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roil. L ZM-0N I I . This ordinance shall become effective from and after its data of passage and publication as required by law. PASSED AND APPROVED this the r/,~ day 'of CITY O4DSO~TO, T EXAS ATYOF EMON, TE XAS APPROVED AS TO LEGAL FORK ATTORNEYYLCI'EY OB~DINTO,Ys TEXAS BY: ¢•i ;Pd APPENDIX 5 CERTIFICATH OF APPROPRIATENESS 7r :r x . ` k t ^ r4 .q = c'' " N Fn' 'F t "i CITY OF DENTON Planning and' Community Development CERTIFICATE OF APPROPRIATENESS for Exterior Alterations and Changes to a designated Historic landmark or Structure Designated Historical District APPLICANT: Phone: Address: _ Date of Application: Legal Description: Case No.. Name of Structure: Address: Date of Historic Zoning: Architect: Historic Zoning Number: Date of Certificate of Appropriateness Address: Hearing: Description of Approved Work: r Pieasa attach architectural HISTORIC LANDMARK C0141ISSION renderings, if a0piicabie. BY: 7 .l l r~N "G k"f?4, p w.:-i tr. ,R °4v r .f,. R E S O L U T I 0 N VHER£AS, Arti:le 28A, Section 28A-6 (a) of AF- ndix a to tre C,-de of Ordinancto of the City of Uenton, Texas, pr idea that tr,;, Historic Landmark Commission ,tall prepare an Historic Landma',. Preservation Plan shich shall be presented to the City Ftannit Comnission for recommendation to the City Council fox adopt on, anj WHEREAS, said Landmark Commission having pre, red such Prose. - vation Plan and the Planning Commission having recommended to t C-'ty Council that said Preservation Plan be adopted; NOV) THEREFORE, BE IT RESOLVED BY THE COUNCIL O THE ATY 0 QF•rONs TEXAS: SECTION I. That the Preservation Plan prepared by the Historic Landmark Commission of the City of Denton, attached nercto and made a part i hereof, is hereby adopted and shall be included in the comprehensive plan. PASSED AND APPROVED this the day of 1985. CITY OF DENTON, TEXAS ATTEST: CKARLOTTE ALLLN9 CITY SE CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYUVITCH, CITY ATTOR1tEY CITY OF DENTONs TEXAS BYs~ I~ k i p E x'Mln' 'ei June 12,i is Pass 9 , Mr, C stborne commented it is his feeling that the 11 acres shou definitely be annexed and pprobably in lop ern Interest of city Sherwood Mobile tome Park should t also be annexed to control future development. Mr. Ham advised that there is in W water line at corner of Paige and service road. On gaestlon, he said they could heetsoldrthatrif parkiexponto andsithey canubehrequired to tie onto line, DECISION: It was moved by Mr. Juren, seconded by mr. P81 son, and unanimously carried (7-0) to recommend approval of A-20. D. A-21. Petition of Bruce R. West for voluntary annexation o`f' 158.66 acres being part of the S. Myers Survey, Abstract No. 843, and the A. Miller Survey, Abstract No. 887 and beginning west of Underwood Road, east of C, Wolfe koad, south of Jim Chrlstil Road, and north of Tom Cole Road. STAFF REPORT: Mr. Ellison stated this is a voluntary annexation -Uf 2S8 acrf.s; that a petition has been sub- mitted on spproxiaately 658 acres, incleding this ppropp- erty, for a change in toning from agricultural to li ht industrial. The remainder of the property was included in a previous annexation in 1983-41 He said the Clty of Denton Economic FscAbook identifies thi" as a possible LI site. DECISION: It was moved by Mr. LsForte seconded by s, o e, and unanimously cartied (7.0) to recommend appr^val of A-21. E. HISTORIC LAI~'DMARX PRESERVATION PLAta, DISCUSSION: Bullitt Lowry, acting chairman of Historic Landmark Zoamisslon, states that the landmark commission is presenting its Preservation Plan to the Planning and Zonln Commission for recommendation to the City Council. He said the plan contains an Introduction to historic preservation, a history of Denton+s historical toning ordinance, an architectural history of De.tton, structures snl areas worthy of doillnation and a summary of recom- mendations. On question he said the plan was written about a year ago, was polished up and presented to the landmark comm:ssion for apppp rowel last July it has been in the City Attorney's office since tLat time. He re- ferre' to item B under recommendations, stating that the City Council is apparently unwilling to designate a dis- trict In the TWU eras even though the landmark commission feels it is appropriate. Mr. Pearson asked whether the city could designate a prc.+- erly it the owner did not want it designated. Mr. f,ukrp replied that landmark commission has never designat6o a property against the wishes of an owner. Question of some people requesting designation for tax purposes even though the property is not truly historical was discussed, Mr. Lowry said that landmark coma.lision would not recommend that property, He expleaned that a recent case came before the lanning and Zonin Commission without a recommendation from the Historic Landmark Com- mission, that it was an unusual cane and landmark CORSI$- s16ner$ were Ere to stpport or oppose the request, It was not in fact recommended by the landmark commission. w k 7,~;~ 17 P g ~#2.~hi,tjes r June ; 6S a~ Pate 10 Mr, Sidor asked if an historical designation coult be removed If the property owner ad desired and Mr, Lowry replied that the same toning process would be followed to reverse designation, Mr. Sidor Lommented that a property owner In an historical district might have trouble setting his property if he want d to move. Mr, Lowry said that ordinarily historic designation enhances the value of property. Mr. LaPorte commented that if a property is located in an historical district then a property owner could not be granted multi-family toning and Mr. Lowry agreed, Mr. Pearson expressed concern that this might Inhibit soma areas, Chairman asked if there were any further comments. None were offered. DECISION: It was moved by Mr, ;,_Forta seconded by r, en, and unanimously carried (7-a) to recoartuii approval of Historic Landmark Preservation Plan, F. O URVIN RDINANCE REVISING APPENDIX B ZONING Of THE CODE OF a-l1" ~M. a or nonce w Pro ypes o res en al developments in the Office (0), Neighborhood Service (NS), Ceaeral Retail (CR), Commercial (C), and Light Industrial (LI) dist:acts, and provide for on effective date. It was moved by Mr. Sidor, seconded by Ms. Cole, anti unanimously carried (7.0) to remove item from table. Chairman announced steps he would like to follow for consideration of this agenda item: 1) Recommend bpproval or dental or make no recommendation as ordinance applies to straight toning districtt. 2) 19 recommendation 1s for approval, then consider in effective date. 3? Di;:cuss how ordinance applies to planned deeelopmcats. AFP REPORT: Ef to~look atswaysitodmodify C¢oYtng ordinonce to eliminate cumu'ative affect. He said there are three basic alternatives: 1) The most restrictive which would make each district cumulative so each would be a single purpose toning district. 2) Three tiers of cumulative toning; residential, levelewouldibe cumulative but could Industrial. from Each level to another, 3) Two tier cumulative toningi residential cumulative in one level and office/ratail/commercial/industrial cumulative in other 1,vel. He said staff recommends the third alternative w41t h is two tiers. Mr. Juttn asked If this eliminates living in the downtown aection and Mr. Panning replied that the Central >lu3iness District would n-7t be affected. Mr. Meyer acid wbat staff Is trying to do is to create a situation wher if a developer to its i & Rd sails too io.. $ion and Ctty ~auntil a concept of whai tkty want to ~o0 then sow.thing petty .:lose to that will dev:lop, 116 said RESOLUTION WKH-KEAS, Golder: Trisigle Cowunications currently holds a cable television franchise pursuant to Ordinance No. 79-1 of the City of Denton, Texas; ar,d WHEREAS, bummous Communications, Inc., and Golden Triangle Communications have requested approval from the Denton City Council for assignment of the franchise to Sammons Communications, IA.c.; and WIIErtEAS, the Cable Television Advisory Board has recosrAended approval of the franchise assignment; and WHERMS, Fursuant to Section 5-1/2-23(3) of the Code of Ordinances of the City of Denton, Texas, after diligent inquiry acid a public hearing on August 5, 1985, the City Council is o; tt,e opinion and belief that Sammons Communications, Inc., ceets the experience, chavacter and financial criteria established by the federal Communications Commission and the Denton City Council; and WHEREAS, the City Council believes it is in the best interest of the citicens of Denton that the proposed assignment be approved; NOW, THEREFORE, BE IT RESOLVED BY THG COU14CIL OF THE CITY OF DENTON, TE S: SECTIUU I. The City of Jenton, Texas, hereby consents to and approves the transfer and assignment of that certain cable television franchise awarded by Ordinance No. 19.1, attached hereto and incorporated herein Dy reference, from Golden Triangle Communications to Sammonr, Communications, Inc., a wholly-orned subsidiary of Sammons ;able Communications, Inc., fur the r,eaaining tore of such franchise and subject to all the to rr and conditions contained therein. SECTION Its The City of Denton, Texas, hereby consents to and approves the transfer and assignment of all of Colden 'triangle Communications' 1, 10 I right, title and interest in and to that certain cable television pole lease agreement, attached hereto and incorporated herein by reference, to Sammons Cok'aunications, Inc., for the remaining term of such agreement and subject to all the terms and conditions contained therein, SECTION 111. The consent and approval of assignment of the cable television franchise and pole lease agreement attached hereto is conditioned upon Golden Triangle Communicctions and Sammcns Communications, Inc., filing documents of transfer and asaignmew with the City Secretary within days from the effective date of this Resolution. SECTION IV. I This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1985. FOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLE CITY SECRETAR7 CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS aY~V1tc.~ & No. -.I AN ORDINANCE OF THE CITY OF DENTON, TEXAF, GRANTING TO COWEN TRIANGLE COMMLINIC"ATIONS, A PARTNERSHIP OF SUBSIDIARIES OF DENTON PUBLISHINQ COMPANY AND COX CABLE COMMUNICATIONS, INC, OF ATLANTAr CEOROIAr THEIR SUCCESSOR', AND ASSICNSr A FRANCHISE TO ERECTr'MAINTAIN AND OPERATE A CABLE TELEVISION SYSTEM, ITS STRUCTURES.AND APPURTENANCES THERETO, 111, OVER, UNDER, ALONG AND ACROSS THE PUBLIC STREETS, HIGHWAYS, ALLEYS, BRIDGES ANO OTHER PUBLIC WAYS 'ND PLACES IN THE CITY OF DENTON, ESTAB- LISHING RATES TO SUBSCRIBERS AND PAYMENT TO THE CITYI ESTABLISHING CONDITIONS FOR THE USE OF THE STREETS A14D OTHER PUBLIC PROPERTY; PRO- VIDI1I3 RULES GOVERNING THE OPERATION OF THE SYSTEMI PROVIDING FOR A SEVERABILITY CLAUSEI AND DEC,0kRIN.3 AN EFFECTIVE DATE, WHEREAR, the City of Denton, Texas enacted ordinance No. 78-21 "Cable Television" on May 2, 1978, which sets out definitions; pro- visions governing the length, renewal and transfer of a certificate of franchidel franchise territory; technical standards and specl.fi- cations; local regulatory framework and regulations; provision for arbitration of disputes; and othcr matters) and WHEREAS, the City of bentun, Texas prepared a "Request for Cable Television proposals" and an "Applinaticn for Cable Television System 'Franchise" for the awarding of a franchise; and WHEREAS, two proposals were received by the City of oenton; and WHEREAS, the City administrative staff, the CATV advisory board, and the City Council, with the help of the Cable Television Information Center, evaluated the two applications and hold several public hearings affording due process to all involved; and WHEREAS, Golden Triangle Communications submitted a proposal for such franchise and the City of Denton desires to award the franchise to them; and WHEREAS, said franchise shall be in accordance with Federal Com- munications Commission rules and regulations and City Ordinance No. 78-211 NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; PART 1. section 1. Subject to. the tt;::rs and conditions mentioned in this ordinance and the provisions of ordinance No. 78-21 "Cable Television" and ,try amendmonts thereto, which is incorporated hdroin and made a part of this franchise ordinance as it set out fully herein, the city of Denton, Texas, hereinafter called "City" hereby grants to Goldst. Triangle Communications, a partnership of subsidiaries of Denton Publishing Company and Cox Cable Communications, Inc, of Atlanta, Georgia, hereinafter called Naolden Triangle", its successors, lessees and assigns, consent to use the present and future streets, alleys, highways, bridges, public places, public thoroughfares and i grounds of the City for the purpose of erecting, laying, maintaining, and operating thorein and thereon poles, towers, atschol,a, wires, cables, electronic conductors, rondaite, manholes. and all other pertinent equipment needed and necessary for the maintenance and operation of a cable television system for the interception, sale, transmission and distribution of television programs and other audio-visual electrical sig.als and the right to transmit the same to the in:tabitants of the City for a term of ten (10) year,i from the effective date of this or,iinance. SECTION 2. Company agrees to pay and City agrees to accept, on or before the 31st day of March, 1980, and on or before t1,a same day of each succeeding year during the life of thie franchike, up to and in- cluding the year 1990, a sum of money to be known as a street and public way rental charge whicti shall be equivalent to three (3t) percent of the gross annual revenues from all sources attributable to the operetiona of the grantea'within the City and the Service Area, which annual paymert shall be for the rights and privileges herein granted to Golden Triangles including expressly, without limitation, the rights to use the streate, alleys and public ways of said City. It is also understood and agreed that during the life of this franchise the above charge, measured in the manner hereinabove provided, shall be :he entire and maxim= charge whic;, the City shall be entitled to make for the use of the streets, alleys and public w yas In ordor'to determine the gross, receipts received by Golden Tri- angle, Golden Triangle agrees that on the same date that payments' are mado as provided in this section, it will file with the City -1- 7 7 Sea►etar;+ a sworn repnr.t PAnwing the gross .nnual revenues from all sources attributable to the operations witnin said City limits for the calendar year preceding the date of payments, City may, if it sees fit, have the books and records of Golden Triangle examined by a representative of said City or indepsndent Public auditor empicyed by the City to audit the samo to ascertain the correctness of the sworn repots agreed to be filed herein. That the City agrees that the consideration met forth in the preceeing section hereof shall be paid and received in lieu of any tax, license, charge, fa;, street or alley rental or any other character of charge for use and occupancy of the streets, allays, sad public places of the Cityl in lieu of any pole tax or inspection fee taxi in lieu of any easement or franchise tax, whether levied as an ad valorem, special, or other character of taxi and in lieu of any imposition ether than. the usual general or special ad valorem taxes now or hereafter levied, Should the City not have the legal power to agree that the payment of tkr, foregoing cash consideration shall be in lieu of the taxes, licenses, charges, fees, rentals, and easement or franchise taxes aforesaid, then the City agrees that it will apply so much of said payment as may be necessary to the satis- faction of Golden Triangle's obligations, if any, to pay any such taxes, licensee, charges, fees, rentals, and easement or franchise taxes, SECTION 30 USE OF PUBLIC PROPERTY AND CONDITIONS OF USE, Golden Triangle shall use the public streets and property of the city in n,rde to build ,•construct , renew or maintain its cable television system in accordance with the provisions and requirements of Section 27-39 of Ordinance No, 78-21, SECTION, NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE. That nothing herein contained shall be construed as giving to Bolden Triangle any exclusive pri°rileges. r1 k P t „ i Tepp~ -7 7~ ~ ~ ti-~' t~5 ! tea' ~ e. •n-. SUCCESSORS AND ASSIGNS. That the rigF;s, powers, limitations, duties and restrictions ,herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns, SEO ION 6 LIABILITY OP CITY. That during the period this a:dinance is in existence and enjoyed by Golden Triangle, Golden Triangle shr,il in- demnify and hold harmless the City frim any and all cle.ims for losses, dhmages and injuries occasioned to or sustained Ly any persons, firms, or corporations, or their property by reason of the existence, main tenance, operation or continuance of this ordinance and the exercise of,all rights herein contrectrN for, except as herein otherwise pro- vided. SECTION 7. DELEGATION OP AUTHORITY. ghat the City may delegata to a desig- nated official or officials the exercise of any And all of the powers conferred upon the City hereby or by applicable State st.itutes and law which relate to the supervision and regulation of a cable tele- vision company in its exercise o1' the rights and franchises herein conferred, but the governing holy of the City shall resorve to itself exclusively and to the full extent possessed, ell powers, if any, ti fix and regulate charges and rates of Golden Triangle given the City by law and this franchise. All lawful po►n,rs not delegated by the governing body of the City are reserved to, and shall be exercised by, said governing body exclusively. ,11at at all reasonable times, during the continuance of the rights haaain granted, the general offices of Golden Triangle shall be open to the said governing body or its designated official for in- spectionof original contracts, books of account and cost operating records pertaining to its operations covered by this franchise. Any method of accounting heretofore or hereafter adopted or authorized by any low of the United States or of the State of Tsxas or under or pursw.7t to the authority of an;+ such law shall be deemed proper end suffidiont accounting as to all mattors covered thereby. r,r r SECT a, RATE REGUTA710N, That It' is mutually understood and asreed that the regulation of rates to ve chargsd by Goiden Triangle to the in- habitants of the City is pursuant to Section 27-52 of Ordinance No, 78-21 of the City of Denton. The initial rates to be charged by Golden Triangle aro att4ched to this otdinanco as Exhibit *A" and are incorporated herein and made a part of this ordinance. Such rater shall remain i% effect and not, be changed for a minimum period of two (2) years after the aww.rd of the franchise. It is also mutually tanderstood and agreed that the City of Denton may, when considering a revisA rate ichedule submitted by Gold,an Tri- angle, consider the fair ret,:::a on invested capital by using calcu- lations for the cost of capital for Cox Communications, Inc, OR' Atlanta, Georgia rather than the cost of capital for Golden Triangle Communl- cations. , SECTION 9, CONSTRUCTION TIMETABLE, Although Section 27-44 of Ordinance No. 78-21 sets out the construction timetables for servicing the City of Denton with cable television servicer it is mutually understood and agreed that Golden Triangle will make the service &%v ilablo to the en- tire City within fonx teen (14) months from the date of this ordinance, SECTION 100 CONDITION1. The berms of this franeniae shall be as set forth in the Charter of the City of Denton; in Ordinance No. 79-21 passed by the City Council May 21, 19791 applicable Federal law rand regula- tions, and the franchise application submitted by Golden Triangle on September 29, 19780 a copy of which is on file in the C14:y riorstary's Office and is available for inspection during normal business hou:st provided, however, that if any part of said application is found by the Federal Communications Commission to be Inconsistent with their rules and regulations, such rules and regulations shall prevail. SECTION Ill SEVERAOrLITY, Each section of this ordinance and each part da' each o6ition hereof is hereby d,clared U. b' an independent section -5- rrrie>.e» [ S or part of section, and the holding of Any section or part thure- • of to be uncautitutlonal, void, illegal, ineffective or contra;y to law for any reason, eh.lA not effect any, other section or part of section of this ordinance.. SECTION 12. ACCEPTANCE OF AGREEMENT, That Golden Triangle Communications shall L%ve thirty (30) days from and after the passage and approval of this ordinance to file its written acceptance thereof with the City Secretary, and to pay to 'the City of Denton a lump sum fee of $30,000 to partially cover expenses that the Ci,.y has incurred in prlparing, reviewing and awarding this franchise. Once the accept- ance has been filed and the fee paid, this ordinance shall take effect and be in force from and after the date of its passage, and shall effectuate and make binding the agreement by the terms hereof. PASSED AND APPROVED on first reading this 19th day of December, A. D. 1978, PASSED AND APPROVED on second reading this ` day of January, A. D. 1979. I L ~ Y tXTY OF DENTON, TEXAS ATTESTS OR 5 OT, CITY SECRETA-W CITY OF DENTON, TEXA& APPROVED AS TO LEGAL FORMI 01 2 ~96- PAUL C, ISHAHj, CITY y CITY OF DENTON$ TEXAS -6- 77 L Q t CATV POLE LEASE AGREEMENT BETWEEN CITY OF DENTON, TEXAS AND GOLDEN TRIANGLE COMMUNICATIONS . r CAN Pole Lease Agre went Index Paste Application for Permission to Attach, Article Ir' 3 Cos* of Pole Replacements, Article VI 10 Definitions, Article I 2 Existing Contracts, Article XIV 19 i General, Article XII 17 Indemnity, and Insurance, Article X 14 Installation and Maintenance of Attachments and Poles, Article V 6 Notice, Article X'V 19 Payment ^f Bills, Article MIT 1g Protectiou Against Claims for Libel and Slander, Copyright and Patent Infringement, Article XI 17 Rentals, Article VIII 12 Rights-of-Way, Legal Authority and Default, Article VII' 11 Scope of Agreement, Article 11 2 Specifications, Article IV 5 Term and Termination of Agreement, Article IX 13 -97 ,FIT ,~j. 1 r~" y ~,t'.~ a, r C . • i L CATV POLE LEASE AGREEMENT THIS AGREEMENT made as of the-7-D day of May, 1979, between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter called Licensor, and Golden Triangle Communications, a partnership of the State of Texas, having its principal office at Atlanta, Georgia, hereinafter called Licensee, hITNESSETH; WHEREAS, Licensee proposes to furnish a CATV service (as hereinafter defined) to residents of Denton, Texas, intends to erect and maintain an antenna tower(s) located at Denton, Texas and propose% to install coaxial television cables, amplifiers and drop wires, wires and appliances together wifs associated cable messengers, anchors and other appurtenances Therein- after sometimes collectively called "equipment") throughout the area to be served and desires to attach such equipment to poles of Licensor and/or to poles used jointly by Licensor and other companies; and WHEREAS, Licensor is willing to permit, to the extent it may lawfully do so, the attachment of said equipment to its poles where, in its fuagment, such use wCO not interfere with its own service requirements or, as it may be advised, the service requirements of other joint users, including conside- rations of economy and safety. a~'rl ,77 *iySz i i! rn..y r ,.~.1,. y•: Fi ~f„Y.y. NOW, THEREFGRE, in consider¢tio:1 of the mutual covenants, terms and ronditions herein contained, the parties hereto do mutually covenant and agree as follows: ARTIC(•E I DEFINITIONS 1. All references herein to "Licensor's poles" or "its poles" shall mean poles solely owned b~ the Licensor, jointly owned by Licensor or the pole space rented or obtained by other arrangements by Licensor from another owner. 2. All references herein to "Joint user" shall mean (1) a company or municipality which together with Licensor has a percentage ownersbip in a pole, (2) a public utility company or municipality which has attachment privileges on Licensor's poles, or (3) a public utility company which ouL5 poles on vhi:h Licensor has attachment privileges. ' 3. All references herein to "CATV service" shall mean the trans- mission to subscribers of off-L•be-air pickup of broadcast signals or the transmission without separate charge of locally originated closed circuit television to the subscribers-of off-tbe-air service. ARTICLE II SCOPE OF AGREEHEM 1. Licensor hereby agrees to license and prrnit Licensee to attach its equipment, for the primary purpose of furnishing CATV service within the area outlined in red en the map attached hereto as Exhibit Al to such of its -2- poles as arc, in the judgment of the Licensor, suitable and available for such attachments, subject to the conditions and limitations contained herein. 2. Licensee agrees that its equipment to be attached to Liceasor's poles shall be installed for the purpose of providing CA'TV service and shall be used primarily for furnishing CATV service. Any residual channel capacity, hcwever, may be used by Licensee for any lawfu). purpose. 3. Licensee agrees to secure from the proper franchising authority, a franchise to erect and maintain its equipmeat within public streets, highways and other thn-at:ghfares provided such, franchising authority exists, &ad shall secure any and all coaserts, permits or licenses that may be legally required ' fcr its operations hereunder. Prior to the execution of the Agreement, Licensee shall deliver to Licensor documentation satisfactory to Licensor eaidenciag that all such franchises, coaseuts, permits or licenses have been obtained. 4. Licensee agrees to assist in, and bear the expense of, securing any consents, permits or licenses that may be required by Licensor by reason of this Agreement. ARTICLE III APPLICATION FOR PFL41SSIOY TO ATTACE 1. At least thirtq (30) days prier to the time Licensee desires to attach its equipment to nay of Licensor's poles, it shall make written appli- cation on the form marked Exhibit B attached hereto and made a part hereof, in the number of copies from time to time prescribed by Licensor. Upon approval of . ~3r • said application, Licensor shall return one copy of Exhibit B to the Licensee bearing the endorsement of its permission$ 2. Upon receiving such endorsed copy of said application, brit not sooner, Licensee shall have the right, subject to Article 1V herein, to install, maintain sad use its equipment described in said application upon the poles identified therein, provided that Licensee shall complete each installation within one (1) year from date of said approived application; provided, however, that before commencing any such installation, Licensee shall notify Licensor of the time when it proposes to do such work and that within thirty (30) days of completion of such work, Licensee shall notify Licensor and, in the event Licensor elects to have its representative present, Licensee shall rein `arse Licensor r the cost and expense thereof. ' '3. Where costs are involved, in the rearrangement of Licensee's or other facilities to accommodate Licensee's equipment, two signed copies of said application shall be returned to Licensee detailing the costs in the space provided thereon for that purpose. Approval of said application by Licensor is subject to receiving authorization from Licensee, on said application iu the space provided thereon for that purpose, to make changes and rearrangements, at Licensee's sole risk and expense, detailed by Licensor with said copies of said application. _ 4, Licensee shall not have the right to place, nor shall it place, any additional equipment upon any pole used by it hereunder without first making application therisfor and receiving Licensoe's permission to do bo, all as -4_ k r rtii xp_ `i~ l~xj. q .J .a r s .i r prescribed in paragraph 1 of this Article, nor shal'E Licensee change the position of any equipment attached to any s►uh pole without Licensor's prior written approval. The provisions of this Article shall not restrict the attachment of television drops to television crossarms or television cable messenger. It is agreed that a charge equal to one and one half (1-1/2) times the pole rental amount, at specified in Article VIII, per attachment shall be levied against and paid by Licensee to Licensor for any unauthorized attachment made by Licensee to Licensor's poles or facilities. This charge will be in addition to rental charges from the time•of said unauthorized attachment, rearrangement costs, or other appropriate charges. In the event that the time of the unauthorized attachment cannot be determined, it shall be deemed to have occurred on the date succeeding the day on wh!.ch the last joint survey was made in accordance with Paragraph 1 of Article V. S. It is agreed and understood that in the case of ,jointly-u§ed poles, permission to attach thereto shall be subject to Licensor's obtaining approval from such joint users and/or owners whenever aHcessary. ARTICLE IV SPECIFICATIONS 1.' Licensee, At its own cost and expense, shall construct, maintain " and replace its attachments on Licensor's'poles in accordance with (i) such requirements and specifications as Licensor shall from time to time prescribe, (ii) in compliance with any rules nr orders now in effect or that hereafter may be issued by any regulatory Commission or ether authc;ity having jurisdiction, y U'J Tel . r } rt a 1 and (iii) the requirements and specifications of the National Electrical Safety Code, 1977 Edition, and any amendments or revisions of said specifications or code. In addition, all attachments shall be made by Licensee in accordance with this Agreement and Exhibits 1-10 attached hereto and made a part hereof. Licensee agrees to comply, at its sole risk and expense, with the specifications of all Exhibits attached hereto, as revised from tlra to time by Licensor in accordance with the provisions of this Article IV. ARTICLE V INSTALLATIOV AND MINTENANCE Or ATTACM2NTS AND POLES 1. The exact location of Licensee's attachments an poles shall be determined from a joint survey to be made, at such times as shall be mutually rgreed upon, by representatives of Licensor, Licensee and, if desired by a joint user. Licensor may inspect each new installation of Licensee on its poles and in the vicinity of its lines or appliances and may make periodic inspections of the entire plant of Licensee as plant conditions may warrant; and- Licensee stall, on demand, reimburse Licensor for the cost. of such surveys and inspections. Such inspections shall not operate to relieve Licensee of any responsibility, obligation yr liability assumed under this Agreement. 2. Where Licensee's attachments cam be accommodated on poles of Licensor by rearranging or changing the facilities of Licensor or other joint users, Licensee agrees to pay Licensor in advance the cost of making such rearrangements or changes. Strengthening of poles (guying) required to aecom", modate the attachments of Licensee and the bonding of Licensee's strand to that • o1 of Licensor shall be performed by Licensee at its style risk and expense. Sucl work, however, may be performed by Licensor at its option, and in such event Licensee shall pay to Licensor in advance the cost of all such work. 3. ,Upon, written notice from Licensor, Licensee shall Lelocate or replace its equipment attached to Liceasor's poles, or transfer the same to substituted poles, or perform any other work in connection with said equipment that may be requested by Licensor, at licensee's sole risk and arpense; provided, however, that in cases of emergency Licensor may, it Licensee's sole risk and expense, arrange to relocate or replace the facilities attached to said poles by Licensee, transfer then'to substituted poles or perform any other work in connection with said facilities that may be required it the maintenance, re- placemeat, removal or relocation of said poles, the facilities thereon or the equipment which may be placed thereon, or for the service needs of Licensor. 4. Licensee shill notify Liceasqr in advanced of the time when it proposes to replace any of its equipment' attached to Licensor's poles. 5. All tree trimming required on account of Licensee's equipment shall be done by Licensee at its sole risk and expense and in a manner satis- factory to Licensor and any other point users. 6. Licensee shall, at its sole risk and expense, maintain all of its attachments on Licc,2sor's poles in safe condition and in thorough repair. t. ~..1• i y it r. a i"; i'. ~ i i 7. Licensor reserves to itself, its successors and assigns the ri=ht to maintain its poles and to operate its facilities thereon in such manner as will best enable it to fulfill its public service requirements. Licensor or other joint users shall not be liable to Licensee for any interruption to the service of Licensee or for interference with the operation of the equipment of Licensee, unless the service interruption was created solely by acts of Licensor. 8. Nothing herein contained shall give to the Licensee the right to place a cressarm+ on any role. ;i a crossarm i^ required to accommodate: the 'facilities of the Licensee, then Licensee shall so state the seasons therefore in its application for attachment. 9. Licensee shall not at any time make any additions t:, or changes in, the location of its attathments on the poles covered by this Agreement Vithout the prior writtea consent of Licensor except, in cases of emergency, when oral permission shall have been obtained from Licenser's authorized representative at ' Denton, Texas and subsequently coat irmed in writing. 10. If Licensee should require the location of its equipment upon any public thoroughfare or other public or private property in the conduct of its business in the territory covered by this Agreement and Licensor shall not have pole facilities so located to fulfill Licensee's requirements, Licensee shall so notify Licensor, and the parties shall thereupon determine who shall place such pole facilities in such location. The po~'.e facilities shall be erected in such locations adequate to meet the service- requirements of both Licensee and Licensor, and if placed by the Licensor, the Licensee shall thereupon make application for permission to place its equipment thereon as provided in this Agreement. If the pole facilities are placed by Licensee, attachment privileges shall be made available to Licensor at a rental noo': to exceed the rental being charged Lice see hereunder. 11. Nothing in this Agreement shall 'oe construed to obligate Licensor to grant Licensee permission to use any particular pole and Licensor at its discretion may revoke permission theretofore granted to Licensee with respect to any particular pole. If such permission is refused, Licensee is free to make amy other arrangement not prohibited under the terms of this Agreement, it-may wish to provide for its equipment at the location in question. 12. {Whenever, pursuant to the provisions of this Agreement, Licenq,~e shall be required to remove its attachments Arom any pole, such removal shall be made, except as otherwise specifically Vrovided, within thirty (30) days following the giving of notice to Licensee Licensor to so remove. Upon failure of Licensee to remove such attachments within such thirty (30) days or as otherwise-required, Licensor a,ty remove them and charge all costs associated . with sv,.h removal to-Licensee. 13. Licensee agrees that it shall not interset poles where Licensor's facilities art located nor shall it locate poles, guys, or other facilities where in either case they will interfere with accexs to Licensor's poles or violate any provision of the National Electric Safety Code. .gam AIMCLE VI. COST OF FOLE REPLACEKMS 1. Whenever :Licensee applies for permission to attach to a pole that is considered by -Licensor to be insufficient in height or strength for accommodation of Licensee's attachments, or in the event that Licensor or a joint user of the pole shall require the space occupied by Licensee's existing attachments, Licensor. shall notify Licensee of such fact and of the estimated cost to Licensee of replacing such pole with a pole which will accommodate the attachments of Licensee, Licensor and any such joint user. Within thirty (30) days of such notification, Licensee shall either notify Licensor (i) of its approval of such replacement or (ii) of its cancellation of the application with respect to such pole or (iii) in the case of existing attachments, of its election to remove its attachments from the pole. 2. In the event of Licensee's approval of such replacement, Licensor shall replace the pole and Licensee shall pay to Licensor in advance the charges therefore computed as follows: The total cost of. the new pole, the removal of the old pole, tae transferring of Licensoe's and any such joint user's attachments from the old to the new pole and such other costs, if any, necessitated by Licensee's r requirements, less the total of the following: accrued depreciation on the old pole, salvage, if any, and the cost of such portinn of the new pole, if any, Which represents space reserved for the use of Licensor or any such joint user greater than that provided for them on the cld pole, less appropriate contribution by any other licensee, if any. •10- 1 r• ARTICLE VII RIGHTS-OF-WAY ixGAL AUTHORITY AND DEFAULT 1. %Non execution of this Agreement, Licensee 'shall submit evidence satisfactory to licensor of its authorit;r to erect and maintain its equipment within public streets, highways and other thoroughfares and shall secure any necessary license, permit or consent from Federal, state or municipal authorities and from the owneres of property now or hereafter regaired to construct and maintain such equipment at the locations of polit of Licensor to which it desires to attach. In the event any such franchise, license, permit or consent is revoked or is thereafter denied to Licensee for any reason, permission to attach to licensor's poles shall immediately terminate, Licensee shall within reasonable time remove its equipment frogs Licensor's poles and Licensor at its option may forthwith terminate this Agreement. ' 2. • Upon notice from Licensor to LiceL...ee that the cessation of the use of any pole or poles has been requested or directed by Federal, -state or municipal authorities, or property owners, permission to attach to such polo: or poles shall immediately terminate and Licensee shall forthwith remove its equipment therefrom. 3. If Licensee shall fail to comply with any of the provisions o•f this Agreement, including the specifications hereinbefore referred to, or defaults in any of its obligations under this Agreement, and shall fail within. thirty (30) days after written notice from Licensor to correct such default or* ~Llr > M1 `i + noncompliance, Licensor may, at its option forthwith terminate this Agreement in its entirety or, at its election, revoke the permit covering the pole or poles involved in such default or noncompliance, or at Licensor's option, obtain service of an attorney to institute suit or other judicial-proceeding to remedy and default by Licensee in its pi:rformance of the covenants, terms and conditions of this Agreement and Licensee oxpressiy agrees that the defeated party shall pay reasonable attorney's fees and expenses of such legal counsel. ARTICLE VIII RENTALS 1. For the privilege of placing and maintaining attachments on Licensor's poles, Licensee shall pay an annual rental rate of five dollars ($5.00) per contract. 2. Rentals shall be payable annually in advance to the Licensor on the first day of January each year during which this Agreement re- mains in effect. 3. At anytime after, two (2) years from the date of this Agreement and at intervals of not less than two (2) years thereafter, the rentals shall be subject to adjustment by LI:ensor upon written notice. 4. Rental payment shall be made within sixty (60) days of the receipt of statement. Any late payment shall bear an interest rate of ten percent (10%) per annum. S. The Licensee and Licensor shall together maintain a perpetual inventory of teal Licensee contacts through the use of Exhibit B. "Appli- cation of.-* Permit," and Exhibit C. "Nottce of Removal," and all future rental fees shall be based on such perpetual inventory. The Licensor may at its option use a physical inventory in lieu of perpetual inventory. The cost of such physical inventory shall be shared proportionally among the participating companies. b. In the event '.icensee makes an attachmwnt to the Licensee's pole at anytime after comrencement of this Agreement and fails to :omply to Article III, Paragraph 1 hereof, then Article III1 Paragraph 4, shall apply. 7.. In the event fiat Licensor files a tariff with the appropriate regulatory suth+rc•, during the term of this Agreement covering attachments made to its poles, Licensor reserves the right to substitute the rates and charges covered by such tariff in place of the rentals set forth in this Article. 8. The Licensee shall reimburse the Licensor in advance for all net capital coats incurred by Licensor as a result of replacing pules and equipment as required by Licensee for the initial installation of Licensee's attachments. Licensor shall credit such advance reimbursement by Licensee to initial and subdequent rental lease fees. Licensor shall notify Licensee of the estimated net costa of such replacements on the application forms. Licensee shall make payments of such estimated costs and final adjustments in payments or credits shall be made at the completion of the work and shall be based on actual coats incurred. -13- r y x r w.a i. Tr ~ _'w0 ~C ail ARTICLE IX TERM AND TERMINATION OF AGREEMENT 1. This Agreeaent, if net previously terminated in accordance vi.th the provisions hereof, shall continue in effect for a term of five (S) years and thereafter ui.til terminated as provided herein. The Agree- ment may be terminated at the ead of said time or at any time thereafter by either party giving to the other party at least ninety (90) days written notice. Upon termination of the Agreement in accordance with any of its termu, Licensee shall remove its said equipment from all poles of Licensor within thirty (30) days thereafter. -132- • • P. Licensee may at any time remove its equipment attached to any pole or poles of Licensor, but shall immediately give Licensor written notice of such removal in the form of Exhibit C attached hereto and made a part hereof. No credit or refund of any rental shall be allowed Licensee on account of such rema,ral. 3. This Agreement shall be ►~ubje:t to termination by Licensor without notice, or, where circumstances permit, upon live (S) days' written notice to Licensee, upon objection being ;wade by or on behalf of -ay governmental authority asserting proper jurisdiction ther:on. ARTICLE X MEMNITY AND INSURANCE 1. Licensee shall indemnify, protect and bold harmle$s Liceaso and i other joint users of said poles from and against any and all loss, costs, claims, demands', damage and/or expense trising out of any demand, claim, suit or judgment for damages to property and injury to or death o° persons, including the officers, agents and employees of either party hereto and other joint users of said poles, including payment made under any Workmen's Compensation Law and under any plan for employees' disability and death benefits, vhich may arise out of or be caused by the ere:tion, maintenance, presence, use or removal of said equipment or by the proximity of the respective cable.-, wires, appr.ratus and °ppliances of the parties hereto ov other joint users of said poles, or arising out of day act or omission or alleged act or omission of Licensee, including any claims anJ demands of customers of Licensee. •l4- 2. Licensee shall carry insurance, at its sole cost and expense, to protect the parties hereto and other joint users of said poles from and against any and all such claims and deaands and from and against any and all actions, judgments, costs, expenses and liabilities of every name and nature which may arise or result, direc 0 y or indirectly, from or by rea- son of the acts or omissions of Licensee hereunder and irrespective of any fault, failure, negligence or alleged negligence on the part of Licensor or of any other Joint user of said poles. The amounts of such insurance are set out in Section 27-58 of Ordinance No. 78-21 of the City of Denton ordinances, and the Licensee will comply with-the provisions of that section. Licensee shall promptly advise an authorized representative of licensor of all claims relating to damage to property or injury to or death of persons. arising or alleged to have arisen in any manner by, or directly or indirectly associated with, the erection, maintenance, presence, use or removal of Licensee's equipment. 2. Licensee has furnished $30,000 in security as required by Section ??-43 of Ordinance No. 78-21 (Cable Television Franchise Ordinance) and such cum shrill also &0arantee the performance of all the covenants, terms and conditions of this agreement. ' 3. Licensee shall exercise special precautions to avoid damage to facilities of Licensor and of other joint users on said poles and hereby assumes all responsibility for any and all loss for such damage, Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse Licensor for the expense incurred in making repairs necessitated 'hereby. -15- ARTICLE XI PROTECTION AGAINST CLAIMS FOR LIBEL AND SLANDER, COPYRIGHT AND PATENT INFRINGEtffM 1. Licensee shall indemnify, protect and hold harmless Licensor from aad against any and all claims for libel and slander, copyright and/or patent infringement arising by reason of attachment by Licensee of its equipment to Licensor's poles pursuant to this Agreement. ARTICLE XII GENERAL 1. Licensee shall not assign, '.:ansfer or sublet this Agreement, or any of the privileges hereby granted to it, without the prior writte.: consent of M cen-.•or. Provided, however, that Licensoe's consent shall not be required to place mortgage or lien upoa the facilities of Licensee for the purpose of financing Ut installation, improvement, maintenance or " teasiou of its system. 2. No use, however extended, of Liceasor't poles under this Agree- ment shell create or vest in Licensee aoy ownership or property right in raid poles, but Licensee's rights therein shall be and remain a mere license. Nothing herein contained shall be coni-trued to compel Licensor to maintain any of i~s poles for a period longer than that denanded by its own service require- ments. i 3. Nothing herein contained shall be construed as affecting the rights or privileges previously conferred by Licensor to others, by contract or otherwise, to use any poles covered by this Agreement, and Licensor shall have the right to 'continue to extend such rights or privileges; the attachment privileges granted hereunder shall at all times be subject to such contracts and arrangements and nothing contained herein shall be construed as affecting the right of Licensor to grant attachment privileges to such other parties as it may desire to do so. 4. Failure to enforce or insist. upon compliance with any of the terms or conditions of this Agreement shall not constitute a gereral waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 5. Subject to the provisions of paragraph l.of this Article, this Agreement shall extend to and bind the s,:ccessors and assigns of the parties hereto. 6. Nothing contained herein shall be construed as affecting the rights conferred or exercised by the parties under, present or future governmental authority or regulation. ARTICLE XIII PAY ICITr OF BILLS 1. All amounts payable by Licensee to Licensor under the provisions . of this Agreement shall, unlers otherwise specified, be payable within thirty (30) dr;s after presentation of bills,tberefor. Nonpayment of any such amounts when due shall constitute a default under this Agreement. L_ ARTICLE XIV EXISTING CONTRACTS 1. All existing Agreements between the parties hereto for the joint use of facilities are by mutual consent hereby abrogated and superseded by this Agraement.' Nothing in the foregoing shall preclude the parties to this Agreement from preparing such supplemental operating routines or working practices as they mutually agree to be necessary or desirable to effectively administer the provisions of tnis Agreement. ARTICLE XV NOTICE 1. Any notice provided in this Agreement to be given by either party hereto to the other shall be deemed to have been duly given when made in wirting and deposited in the United States Mail, postage prepaid, addressed as follows: TO LICENSEE: Goldem Triangle Comnunicatiens 53 Perimeter Center East SA to 300 Atlanta, Georgia 30343 TO LICENSOR: City of Denton 215 East McKinney Dentrin, Texas 76201 Attn: Dirccuor of Utilities 1 rl$~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executad as of the day and year first abov,~± written. CITY OF DENTON, TEXAS, LICENSOR BY: - ATTEST iI C1 T Y' SE R T Y GOLDEN TRIANGLE COMMUNICATIONS, LICENSEE BY: Vice PR6SiD5nrt- Lox Cake or- TkkRl ,V".. ATTEST: PRrux~~ ~ ell -k%& mz- /4SSr, SECRETARY COX GAMkI C- OF Tj;I[A310 -rxC. ~ilfRlltJl~ -19- DATE: 8/20185 CITY COUNCIL RBPORT TORMAT To: Mayor and Members of the City Council FROM: 0. Chris Hartung, City Nanager SUBJECTt DRAFT WORK P WRAM TO UPDATE THR DENTON DEVELOPMENT GUIDE AND COMPREHENSIVE ZONING ORDINANCE RIM MBNDATIONi The Planning sno Zoning Commission considered this item at its meeting July 10, 1985, and voted 4-0 to recommend approval. SUMMARY: The Draft Work Ptograw sets out the objectival, activities and time frame for undertaking a comprehensive review and update of the Denton Development Guide and Zoning Ordinance. The program stake to establish a city wide land use Planning Cowittee to b4 involved in every stage of the planning process. BACKGROUND: in the adoption of the Development Guide update for 1984, the City council raised questions relating to the Guide's intensity policies and standards and further requested staff to prepare a work program to undertake a major review and update. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: The Planning and Community Development Department will consult with other departments so as to insure proper integration of sector plans/policies/programs into the Comprehensive Development Plan. FISCAL IMPACl: Raspa subm t • G. Chris Hartung City Manager Prepared by:~~ Harry Perdaud, Urban Planner Appro ; Jeff May* Director of Planning and Community development 1210a s DENTON TEXAS RECOMMENDED WORK PROGRAM IFOR THE UPDATE O! THE DENTON D~WSLOPNXWT GUIDE AND COMPREHENSIVE ZONING ORDINANCE i Prepared By: Planning and Community Development Department City of Denton March, 1985 07208 CON ENTS I. Executive Sussary It. Intcoduction III, Objectives IV. The Planning Process V. Activities VI, Tise Pease Page 1 RECOMMENDED WORK PROGRAM FOR THE UPDATE OF THE DENTON DEVEGOP'4ENT GUIDE AND COMPREHENSIVE ZONING ORDINANCE I. EXECUTIVE SUMMARY A. Background: The need for update: 1. In the adoption of the annual Development Guide update for 1984, two major questions were raised befoto the City Council, a. Do the intensity policies reflect current community objectives? b. Are current efforts to implement the intensity standards adequate? 2. The Council recognized that the answers to these questions were too complex and fac reaching and requested staff to prepare a work program to undertake a review of the Development Guide with particular reference to these questions. 3, In addition to these questions, the City council further requested staff to examine: a. The rationale for implementation policies with respect to infrastructure development, b. The concept of an overlay zone which would ensurA that developments me**, planned intensity standards, Page 2 4. in addition, a numbor of issues have been raised over the past two years with respect to the zoning ordinance. The need to amend the planned development district and the cumulative aspect of the existing ordinance has been recognized and these are currently being reviewed. 5. Since 1981, over 6,500 acres have been annexed to the City and this additional area is beyond the scope of the current Development Guide. 6. Development activities have expanded rapidly in certain quadrants rf the City and new development interests are now concentrated in areas of the extraterritorial jurisdiction (ETJ). There is urgent Aesd for a plan to include large areas within the ETJ. 7. in response to these questions and issues and in particular the directive given by the City Council, staff is now recommending a work program to review the Denton Development Guide and the current Zoning ordinance. B. Scope: 1. The various processes and time frame for the major review are contained in the proposed draft work program. 2. The draft work program combines the review and study of the Development Guide intensity concepts page 3 and implementation policies with that of an overall review of the comprehensive zoning ordinance. C. Process: 1. The plan review and policy formulation processes will include the involvement and input from a self-selective broad based planning committee working as a team through a series of thirteen workshops. 2. The project will conclude in eighteen months restolting in an updated Development ?lan and a comprehensive zoning ordinance for the City of Denton. II. INTRODUCTION: 'rhe Denton Development Guide was prepared in 1980 and since then it has been used as a policy framework to promote and regulate land use planning and development within the City. The Guide itself is a product of organized citizen participation in the planning pr,,,:ess and, represents a good example of the bottom-up approat.~,. in policy and plan formulation. ' I Since 1980, however, urban growth and development pat- terns have changed. The projected 3% increase in the City's population has been doubled for 1982 and 1983. Recent population estimates now indicate that Denton Page 4 cou14 well grow to accommodate up to 90,000 by the year 2000.1 The increase in development activities in the last two years has raised important questions about some of the basic policies in the Development Guide particularly with respect to the citywide intet.:tty standards. Mcny of the intensity areas have already absorbed developments to the extent that they exceed their planned capacities on •he basis of existing zoning. in many instances, intensity area boundaries have to be expanded to accom- modate intensities which were allocated by zoning. These changes will substantially modify the urban form and structure as established by the Land Use Planning Committee five years ago. The intensity concept is the mechanism used in the Development Guide for quantifying the total environ- mental impacts of a particular development at the neighborhood level. The intensity index is, therefore, the heart of the Development Guide and central to the complex urban form and structure as recommended by the Guide. The subject of intensity policies was discussed by the City Council on September 4, 1984, when the I i 1 A technical cepucc for population and Land Use Proj3ctions for the City of Denton, Januacya 1985. Steve Fanning, st at. . Page 5 Council considered and adopted the 1984 Development Guide update. The Council specifically requested staff to undertake further review and to recommend a study procedure which will address the questions as to whether intensity standards reflect community objectives and whether current efforts are adequate to implement intensity policies. This draft work program is a direct response to some of these questions. At the same time, more and more development activities hale been continuously spreading over the city limits into the extraterritorial Jurisdiction (ETJ) without any policy frame work to ensure orderly And integrated development in the long term. Annexation of lands within the ETJ has been progressive over the years with over 6,500 acres annexed since 1581. For development purposes, the ETJ should be considered an integral part of the City of Denton and it is crucial at this stage that attempts are made to regulate physical development activities within this area so as to avoid the problems and externalities :f uncontrolled urban sprawl. The planning area coverall by the Development Guide exclude j i the areas of the ETJ and the annual update procedure does not ,covide an adequate framework foe expanding this planning area. such an exercise requires a mayor review and needs to be undertaken with input from citywide citizen participation and involveR=:nt. 7 7 7 Page 6 The implementation of the Development Quide policies • through the current zoning ordinance has also raised a number of questions over the past two years. Since then staff have been adopting the piecemeal cut and paste approach to amend the ordinances to achieve the development objectives of the City, Only recently, the City Council {September 4, 1984) requested staff to further examin( the concept of an overlay zone which will ensure that developments meet planned intensity standard. The urgent nerd to amend the planned develop- ment (PD) and cumulative zoning provisions have been recognized and these are currently being reviewed. Certainly, there are other areas of the ordinances which need to be simplified and stLeamlined to reduce regulatory complexity and to increase efficiency in the achievement of development objectives. In response to these issues and in particular the directive given by the City Council an September 4, 1984, the draft work program proposes to review the Land Use Regulations and to prepare a comprehensive zoning ordinance which will go hand in hand with the updated Development Plan. The Development Plan will guide, promote and regulate urban growth and development for the rest of this decade and set the pace for planning and development in the decade of the 199019. Pegs -y This draft work program sets out the objectives, activities and time frame for the review, analysis and comprehensive update of the Development Guide and tie zoning ordinance of the City of Denton. I M. OBJECTIVES: A. Undertake a comprehensive review of the Development Guide and Land Use Regulations and to identity major issues and problems. B. Organize and include, as far as possible, citywide citizen parti^ipation and involvement in every stage of the planning process. • C. Formulate a development plan and policy framework to quide, promote, ani regulate urban growth and development over the next decade. D. Provide a policy framework for l ^r]nr1 and devr ~ opment in the FTJ L. Prepare a unified development ordinance which is adequately streamlined and simplified to achieve the objectives of the Development Plan. F. Provide a spatial land use framework which will serve o to integrate and coordinate future transportation arteries and other utility infrastructure networks i.e., water, sewer, telephone, electrification, etc. u Page 8 0. Review and evaluate the intensity concept and stan• . dards and identity a network of high, medium and low intensity areas to achieve wrier City planning Objectives and a -ioeirable land use/ transportation balance. IV. THE PLANNING PROCESS' PREPARATORY k1rVIEW AND ANALYSIS OF PROBLEMS WORK AND POSSIBILITIEF Establish Review and Review and LaU Use Analyze Analyze Planning Development Intensity EVALUATION OF ALTERNATIVIES: SELECT ew OPTION Establish Le nances Planning Area identify u d mulate and Generate For options and Select intensity Evaluate STATUTORY a s i tern t i481 FRAMEWORK FOR PL. N IMPLEMENTATION Select Option and Prepare Outline COMPILATION OF DRAFT Compile a o a Review and Adoption by P&Z and City Council 0 at.: r t y• Page '9 Diagram shows the various stages in the planning process. The process commences with the establishment of the Land Use Planning Committee. The stages which follow are to be accomplished through a series of workshops until the final document is completed and submitted to the City Council for adoption. V. ACTIVITIES: The following is a :hecklist of activities to be done in the various stages of the planning process. 'l. NilCi: PCOQCSat: 1. Prepare preliminary draft 2. Review with director 3. Review with staff/Legal Department { 4. Prepare final draft 5. Submit to Planning and Zoning Commissiua 6. Submit to City Council B. Land Use Planning Committee: 1. City Council establish committee and determine the level of participation and involvement 2. Proposed committee composition: a. City Council 4 b. Planning and Zoning 11 c. Board of Realtors 1 d. Chamber of Commerce 1 Page 10 e. Home & Apartment Builder Association 1 . f. Board of Adjustment 1 i g. Beautification Committee/Park Loard 1 h. League of Women Voters 1 I. DIED Board 1 J. CDBG 1 k. PUB 3 1. County Commissioner 1 m. Traffic Satety Commission n. Development Interest: 3 Management level employment with Bank. Saving & Loan. Title Company, Development Company, Consulting Architects, Engineers. Designers, etc. o. City Residents (not included in ,y of the categories listed): Northwast 2 Northeast 2 East 2 Southeast 2 Southwest 2 TOTAL: 34 3. Advertise for selection meeting 4. Hold introduction selection meeting 5. Hold selection meeting C. Workshop N1 1. Introduction to process 2. Introduction to land use regulation needs i Pa11! 11 3. introduction to intensity concept 4. Handout intensity technical handbook D. Workshop M2 L. Introduction to growth concepts i.. Alternative Atrategies to accommodate growth 3. Costs and benefits of each growth alternative. 4. Handout goals achievement matr1ces E. Workshop N3 1. Growth concepts are further discussed 2. complete goals achievement matrices F. Workshop M4 intensity concept field trip 0. Workshop M5 1. Gue-t speaker 2. Handout intensity policy questionnaire 3. Complete questionnaire and summaries H. Workshop #6 1. Review questionnaire 2. Establish five planning terms I 3. Draw boundaries of intensity planning areas 1. Workshop M7 Teams draw consolidated boundary map J. Workshop #8 Full committee final review of intensity m,ps and policies K. Workshop M9 ® 1. Review current implementation ordinances 2. tndentify issues and problems Page i~ L. Workshop #10 I. Review ordinance requirements of other cities 2. Evaluate alternative ordinance types M. Workshop 011 Questionnaire to determine type of change desired N. Workshop 012 1. summarize questionnaire results 2. Present outline of ordinance desired 0. Workshop #13 Committee reviows draft P. Planning and Zoning Commission Review 0. City Council Review V. Time Frame i ~07289 x WORK PROGRAM Denton Oevelooment Plan end Coawrehensive 2onl a Ordlntnce THE PLANNING PREP IT-ORY I REVIEW A ANALYSIS OF I EVALULTION OF ALTERNATIVES STATUTORY FRAMEWORK BWORK I COMPLEATION I PUSCUTATION PRKKS8 I WORK I PROBLEMS d SOLUTIONS SELECTION Of STR&T8(;Y REVIEW 0 ORDINANCES RANCH I OY DRAFT REPORT I AND ADOPT191 I 1 I I I I 1 I Review and completel I { I intensity study. I I Complete growth I Workshops 12 A 3 I Workshop 15 I Workshop 110 I ~ concepts I Growth Concepts 1 Guest Speaker I Review Workshop #12 ( I I I I Questionnaire Workshop 1E I Alternative Report ( l Results. I I 1 Survey. final review ( Options in I Establish of Intensity I Ordinances Present out- line ordinancel Workshop #131 I IWorkshop el I boundaries map and policies Introduction 1 Review of l City Council I Drafts 1 Review and Activities to I I I I 1 I Adoption Cowwnce with I I City Council Approval I 1 hop #11 lprepare IP & z (Prepare I Workshop 14 I Workshop $6 & 1 Workshop i9 Workshop 111 tonnatre lworking IRevtew IGrowth I Intensity I Review questionnaire. Review of Questionnaire pe Change ldreft of land IConcepts I Concepts/ I Establish final (Ordinances of Type Change I I Analysis 1 boundaries. IIdontify Desired 9d IDerelops►ent (Adoption I Establish Land I Field Trip I Prepare final IProblems IPtan and l Use Comittee. l ntensity Reports Nomprehensive I Prepare for work- I I I Izoning I I shops I ( I 10rdinance 1 I i TIME Gk 1 I Wk 4 Wk 111 Wk 14 Wk 19 Wk 221 Wk 25 Wk 31 Wk 351 Wk 39 Wk 42 Wk 45 Wk 45 Wk 481 Wk 60 Wk 64 1 irk 68 kK 72 FRAME I I I 1 1 1 I I ~ 1 1 I I I I OllOs A I o ...ems. r ....at.. tt u r r IF / / m NoRt'HweSv Q NoaTH~`NS1' E~.ST p sotrr~EAsT © SouTri WE'3T' I RESOLUTE 0.N WHEREAS, Sectir!u L.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. Tnat is hereby appointed 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 II. This R~aolution shall become effective from and after its date of passage. PACUD AND APPROVED this the day of , 1985. CITY OF DENTON, TEXAS ATTEST: m=r-=ER-,--c1Ty SECRETARY CITY OF DENTOH, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAb BY: _„ro& rr.rrrr~r 5i N x ~'4S K E S U F. U T I 0 N WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the city Council to appoint Assistant City Judgta to perform the duties and functions of the City Judge; and WHEREAS, the City Council deems it iiecessory to appoint an Assistant City- Judge to handle the judicial functions of the Municipal Court in the absence of the City Judge; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY Of UtNTON, TEXAS: SECTION I. That is hereby appcinted Assistant City 'udgc of the Municipal Court of t'ne City of Denton, Texas pursuant to Section 6.03 of the Charter of the City of Denton, Texas. SLUION II. This Kesolution shall become etfective from and after its date of passage. PASSED /.ND APPROVED this the day of 1485. CITY OF DENTON, TEXAS ATTEST: KffW CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHO CITY ATTUKNEY CITY OF DENTON, TEXAS BY: _ _ _ _ E 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 City Judges to perform the duties and functions of the City Judge; 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 Judge; NOV, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY Of UENTON, TEXAS: SECTION 1. That 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 11. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the day of _ , 1985. 1 h , MAYOR CITY OF L-NTON, TEXAS ATTEST: I ZUY SECRET AV CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY AITURNEY CITY OF DENTON, TEXAS BY: i l '