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AGENDA
CITY OF DENTON CITY COUNCIL
September 17, 1985
Work Session of the City of Denton City Council on Tuesday,
September 17, 19859 at 5:30 p.m. in the Civil Defense Room of
the Municipal Building at which the following items will be
considered:
5:30 p.m.
1. Discussion of the proposed 1985-86 budget.
1. Consider applications for depository of ci%.y funds.
3. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6251-17
V. A. T. S.
B. Real Estate Under Sec, 2(f), Art. 6252-17
V. A. T. S.
C. Personnel Under Sec. 2(g), Art 6252.17 V. A.T.S.
L. Board Appointments Under Se.;. 2(g), Art
62S2-17 V.A.T.S.
Regular Meeting of the city of Denton City council on Tuesday,
September 17, 1985, at 7:00 p.m. in the Council Chambers of the
Municipal Building at which the following items will be
considered:
7:00 P.M.
1. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations, Approval of the Consent Agenda
authorizes the City Manager or ii!s doslgnce to
implement each item in accordant.; wi.;, the Staff
recommendations.
A. Bids and Purchase Orders:
Listed below are bids and purchase orders to be approved for
payment under the Ordinance section of the agenda. Dstailed
back-up information is attached to the ordinances (Agenda items
3.A and 3.11). This listing is provided on the Consent Agenda
to allow Council Mewbers to discuss any item prior to approval
of the ordinance,
1, Bid 1 9432 - Material truck bed
2, Bid i 9SI1 - Loadbreak elbow
3. Bid 1 9514 - Soft drinks
city of Denton City Council Agenda
Meeting of September 170 1985
Page Two
4. Bid 19515 - Mower and offroad vehicle
S. Bid f 9516 Radio console
6. Bid M 9517 - Boom sprayer
7. Bid / 9518 - Irrigation supplies
8. Purchase Order 0 69619 to Kinema, Inc. In
thr amount of $6,950.00
9. Purchase Order N 69823 to Teasley Road
Association in the amount of $200938.50
10. Purchase Order M 69831 to Chico Crushed
Stone in the amount of $5,160.90
B. Plats;
1. Approval of preliminary plat of the Keas and
Pruett Addition, Lot 10 block I. (The
Planning and Zoning Commission recommends
approval.)
2. Apppproval of preliminary plat of the S.S,D.
Addition, Lot 1, Block I. (The Planning and
Zoning Commission recommends approval.)
Z, Public Hearings:
A. Z_1756. Petition of Burke Engineering requestinccW nge in zoning from the agricultural (Al
)
classification to the planned development (?D)
district on a 27.29 acre tract at the southeast
corner of FM 1830 and Hobson Lane. If approved,
the planned development will permit the following
land uses:
General Retail - 2,25 acres
Multi-Famly-1 - 120 units on 5.6 acres with a
density of 21.1 units per acre
Duplex - 60 units on 6.6 arses with a density of
9 units per acre
Tri-plex - 18 units on 2.8 acres with a density
of 6.3 units per acre
Townhouse - 23 units on 2.76 acres with a density
of lU.l unit4 per acre
Gar,denhom,:s - 1 inits on 3, 7 acres with a
density of 4 units per acre
Recreation, open bpace and Drainage Areas - 3.35
acres
(The Planning and Zoning Commission recommends
approval.)
y .
} l l
City of Denton City Council Agenda
'Meeting of September 171 1983
Page Three
B. Z-1764. Petition of Benny al.d Barbara Russell
requesting a change in zoning from the single
family (SF-7) classification to the planned
development (PD) district on a 1.2 acre tract
located on the east side of Carroll Boulevard
approximately SOO feet south of Eagle Dr;ve. If
approved, the planned developpmnent will permit the
construction of office buildings. (The Planning
and Zoning Commission recommends approval.)
C. Z-1765. Petition of Foster and Riley Properties
requesting a change in zoning from the
agricultural (A) to the commercial (C)
classification on a 20.297 acre tract. The
property is located at the northeast corner of
Loop 288 and Spencer Road and shown to the MEP
and PRR Company Survey, Abstract No. 927. if
14flprovepermittes my mthebe commercial or {C}
classification by the Denton Zoning Ordinance.
(The Planning and Zoning Commission recommends
approval.)
1. Consider adoption of an ordinance approving
a change in zoning on 20.297 acres located
At the northeast corner of Loop 288 and
Spencer Road.
D. hold a public hearing concerning the petition of
the City of Denton for annexation of
approximately 160 acres being part of the BBB 6
CRR Survey, Abstract 142, and located north of FM
1173, south of Barthold Road, west of 1.3SN, and
east of Masch Branch Road and the GC6SF Railroad
(A-24)
E. Hold a public hearing concerning the annexation
}etition of Aikman Development Corporation aed
the City of Denton for a tract of land
approximately 117.5 acres in size lying in and
being part of the B. Aerchant Survey, Abstract
1800, the C. Chacon Survey Abstract 0298, and
the S. Venter Survey, Abstract 01315, and
beginning at the southwest corner of FM 2181 and
Hickory Greek Road (A-21)
I
F. Hold a public hearing to consider adoption of an
ordinance amending Appendix B-Zoning of the Code
of Ordinances of the City of Denton, Texas which
will prohibit front yard parking, storage, or
maintenance of any m;*or vehicle, boat, travel
trailer or trailer in the front yard of any lot
on which is located a one-family, two-family, or
multi-family dwelling except upon a parking space
paved with asphalt or concrete. (The Planning
and Zoning Commission recommends approval.)
1
G. 4 '.l 4'~ a:'I q 1 11 ;,Y 1 ! tai S , y•.M ^1
City of Denton Gity Council Agenda
Meeting of September 17, 1985
Page Four
G. Hold a public hearing to consider adoption of an
ordinance that would repeal Paragraph B of
Article 21 of Appendix B-toning of the Code of
Ordinances of the City of Denton relating to the
approval by the City Council of plats of
subdivisions 41thin an area where annexation
proceedings are pending; and providing an
effective date. (The Planning and Zonl~ig
Commission recommends approval.)
H. Hold a public hearing to consider adoption of an
ordinance amending Appendix A - Denton
Development Code of the Code of Ordinances of the
City of Denton, Texas to provide for the
imposition of fees for submitting petitions for
voluntary annexations; providing a severability
clause; and providing for an effective date.
(The Planning and Zoning Commission recommends
approval,)
1. Hold a public hearing to consider adoption of an
ordinance amending the Subdivision and Land
Development Regulations (Appendix A) of the Code
of Ordinances to provide for required local lift
stations or force wains to serve developments;
for vidthe ing for rorata reimbursement to developers
providing for prorata
charges for persons connecting to or using such
facilities; repealing the provisions of Chapter
2S of the Code of Ordinances on extensions of
water and sewer mains; fin for a penalty
for violations thereof in a maximum amount of
$200.00. (The Public Utilities Board recommends
approval.)
i
3. Ordinances:
A. Consider adoption of an ordinance accepting i
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services and providing for
the expenditure of funds therefore,
B. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in j
accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids,
C. Consider adoption of an ordinance amending
Section I-S of Chapter I of the Code of
Ordinances of the City of Denton, Texas by j
raising the maximum fine to $19000 for a
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I. t 7' L ti m s' ♦ 7 7;7, 7,7 I
r
,City of Denton City Council Agenda'
Meeting of September 11, 1985
Page Five
violation of those code provisions which govern
fire safety, zoning and public health and
sanitation.
D. Consider adoption of an ordinance amending
Article 1 of Chapter 10 (Fire Prevention) of the
Code of Ordinances of the City of Denton, Texas
by the addition of Section 10-5 raising the
maximum fine to $19000 for violations of these
sections of the fire prevention chapter.
E. Consider adoption of an ordinance amending
subsections (A), (B), (F)(2), and((;,' of Section
15-3.1 of Chapter 15 of the Code of Ordinances of
the City of Denton, Texas; increasing user fees
for certain parks and recreation facilities.
(The Parks and Recreation Board recommends
approval.)
F. Consider adoption of an ordinance amending
Chapter 12 of the Code of Ordinances of the City
of Denton to provide for the establishment of
rates for the use of the city's sanitary landfill
site and residential and commercial sanitation
collection services.
G. Consider adoption of an ordinance establishing
rates for the use of the city's sanitary landfill
site and residential and commercial sanitation
collection services as authorized by Chapter 12
of the Code of Ordinances of the City of Denton.
H. Consider adoption of an ordinanco ;mending
Chapter 14 of the Code of Ordinances of the City
of Denton, Texas to provide for an amended
definition of junked vehicles; amending the
amount of the penalty for violations for
maintaining junked vehicles to provide for a
penalty in an amouitt not to exceed 1,000.00.
1. Consider adoption of an ordinance amending the
Subdivision and Land Development Regulations
(4ppondix A) of the Code of Ordinances to provide
for required local lift stations or force mains
to serve developments; providing for prorata
reimbursement to developers for the costs
thereof; providing for prorata charges for
persons connecting to or using such facilities;
re pealing the provisions of chapter 25 of tk.e
Code of ordinances on extensions of water and
sewer mains; providing for a penalty for
violations thereof in a maximum amount of
$200.00. (The Public Utilities Board recommends
approval.)
S ~'~tl, ?1 1 _ s Syj
I T 11 -1
City of Denton City Council Agenda
Meeting of September 17, 1985
Page Six
J, Consider adoption of an ordinance levying the ad
valorem tax of the City of Denton, Texas, for the
year 1985.
K. Consider adoption of an ordinance adopting the
budget for the City of Denton, Texas, for the
fiscal year beginning on October 1, 1985, and
ending on September 300 1986.
L. Consider adoption of an ordinance amending
various sections of Article III of Chapter 2 of
the Code of Ordinances providing for purchasing
procedures; authorizing the expenditure of funds
for all budgeted items not exceedingg $10,000 by
the City Manager; providing for all contracts
calling for expenditures of $10,000 to be
approved by the City Council.
4. Resolutions:
A. Consider approval cf a resolution establishing a
$60,000 6 month loan from the utility system fund
to the Denton Airport. (The Public Utilities
Board recommends approval.)
B. Consider approval of a resolution selecting and
designating a depository for city funds.
5. Consider approval of the City of Denton tax rolls as
received from the Denton County Appraisal District.
6. Discussion of petition of Burke Engineering,
representing Richard Compton, for voluntary annexation
of approximately 81.6863 acres of land beginning north
of hickory Creek Road approximately 2,500 feet west of
Fed 1181 for the purpose of determining whether to
begin the annexation process.
7. Discussion of preliminary plat of Rita Blanca Acres, a
proposed eleven lot estate subdivision planned for
30,784 acres beginning adjacent and north of Harshun
Road, west of Green Valley Road, south of Shepard
Road, and east of Gribble Springs Road, for the
purpose of determining whether to begin the annexation
process.
8. Discussion of the preliminary plat of Western Vintage
Estates, an eight lot estate subdivision proposed on
21 acres beginning adjacent and east of PH 1830, west
of Hilltop Road, and north of Hickory [Jill Road, for
the purpose of determining whether to begin the
annexation process.
LIT' i 'T,
i
'City of Denton City Council Agenda
Meeting of September 17, 198: ,
Page Seven
r
9. Official Action on Executive Session Items:
A. Legal Matters
13. Real Estate
Personnel
U. Board Appointments
10. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Nall of the City of Denton, Texas,
on the -46! day of 1985 at -Z; o'clock
(a,m.) CP.)
CITY SECRETARY
1914C
,r t Az ;y
s z 7 'd
'g.
AGENDA
CITY OF DENTON CITY COUNCIL
September 17, 1985
Work Session of the City of Denton City Council on Tuesday,
September 17, 1985, at 5:30 p.m, in the Civil Defense Room of
the Municipal Building at which the following items will be
considered:
5:30 P.M.
11 Discussion of try proposed 1985-86 budget.
2. Consider applications for depository of city funds.
3. Executive Session:
A. Le al Matter3 Under Sec. 2(e), Art. 6252-17
V. R. T. S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V. A. T. S.
C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.
L. Board Appointmonts Under Sec. 2(g), Art
6252-17 V.A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday,
September 17, 1985, at 7:00 p.m. in the Council Chambers of the
Municipal Building at which the following items odi11 be
considered:
7:00 p.m.
1. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
recommendations.
A. Bids and Purchase Orders:
Listed below are bids and purchase orders to be approved for
payment under the Ordinance section of the agenda. Detailed
back-rep information is attached to the ordinances (Agenda items
3.A and 3.B). This listing is provided on the Consent Agenda
to allow Council Members to discuss any item prior to approval
of the ordinance.
1. Bid 1 9432 - Material truck bed
2. I'd 1 9511 - Loadbreak elbow
3. Bid 1 9514 - Soft drinks
City of Denton City Council Agenda
Meeting of September 17, 1985
Page Two
4. Bid 1 9515 - Mower and offroad vehicle
5. Bid 1 9516 - Radio console
6. Bid 1 9517 Boom sprayer
7. Bid 1 9518 - Irrigation supplie3
8. Purchase Order 1 69619 to Kinema, Inc. In
the amount of $6,950.00
9. Purchase Order 1 69823 to Teasley Road
Associa.ion in the amount of $20,938.50
10. Purchase Order 1 69831 to Chico Crushed
Stone in the amount of $5,160.00
B. Plats:
1. Approval of preliminary plat of the Keas and
Pruett Addition, Lot 1, block 1. (The
Planning and Zoning Commission recommends
approval.)
2. A roval of preliminary plat of the S.S.D.
Addition, Lot 10 Block 1. (The Planning and
Zoning Commission recommends approval.)
2. Public Hearings:
A. Z-1756. Petition of Burke Engineering requesting
a change in zoning from the agricultural (A)
classification to the planned development (PD)
district or a 27.29 acre tract at the southeast
corner of FM 1830 and Hobson Lane. If approved,
the planned development will permit the following
land uses:
General Retail - 2.25 acres
Multi-Famly-1 - 110 units on 5.6 acres with a
density of 21.1 units per acre
Duplex - 60 units or 6.6 acres with a iensity of
9 units per acre
Tri-pl.ex - 18 units on 2.8 acres with a density
of 6. .3 units per acre
Townhouse - 28 units on 2.76 acres with a density
of 1u.1 unit: per acre
Gardenhomes - 15 units on 3.7 acres with a
density of 4 units per acre
Recreati%n, Olen Space and Drainage Areas - 3.35
acres
(The Pl^nning at►d Zoning Commission recommends
a pprov,i }
City of Denton City Council Agenda
Meeting of September 17, 1985
Page Three
B, Z-1764. Petition of Benny and Barbara Russell
requesting a change in zoning from the single
family (SP-7) classification to the planned
development (Pv) district on a 1.2 acre tract
located on the east side of Carroll Boulevard
approximately 500 feet south of Eagle Drive. If
approved, the planned development will permit the
construction of office buildings. (Tile Planning
and Zoning Commission recommends approval.)
C. Z-1765. Petition of Foster and Kiley Properties
requesting a change in zoning from the
agricultural (A) to the commercial (C)
classification on a 20.297 acre tract. The
property is located at the northeast corner of
Loop 288 and Spencer Road and shown in the MEP
and PRR Company Survey, Abstract No. 927. If
approved, the property may be utilized for any
use permitted in the commercial (C)
classification by the Denton Zoning Ordinance.
(The Planning and Zoning Commission recommends
approval.)
1. Consider adoption of an ordinance approving
a change in zoning on 20.297 acres located
at the northeast corner of Loop 288 and
Spencer Road.
D. Hold a public hearing concerning the petition of
the City of Denton for annexation of
approximately 160 acres being part of the BB8 4
CRR Survey, Abstract 142, and located north of FM
1173, south of Barthold Road, west of 1-35N, and
east of Masch Branch Road and the GC$SF Railroad
(A-24)
E. Hold a public hearing concerning the annexation
petition of Aikman Development Corporation and
the City of Denton for a tract of land
approximately 117.j acres in size lying in and
being part of the B. Merchant Survey, Abstract
1800, the C. Chacon Survey Abstract 1298, and
the S. Venter Survey, Abstract 11315, and
beginning at the southwest corner of h'M 2181 and
Hickory Creek Road (A-27)
i
H. Hold a public hearing to consider adoption of an
ordinance amending Appendix B-Zoning of the Code
of Ordinances of the City of Denton, Texas which
will prohibit front yard parking, storage, or
maintenance of any motor vehicle, boat, travel
trailer or trailer in the front yard of any lot
on which is located a one-family, two-family, or
multi-family dwell).ng except upon a parking space
paved with asphalt or concrete. (The Planning
and Zoning Commission recommends approval.)
~n~ ~.k r5 .~.,i r
17} Y'. ...y' Q eX, k
City of Denton City Council Agenda
Meeting of September 17, 1985
Page Pour
G. Hold a public hearing to consider adoption of an
ordinance that would repeal Paragraph B of
Article 21 of Appendix B-Zoning of the Code of
Ordinances of the City of Denton relating to the
approval by the City Council of plats of
subdivisions within an area where annexation
proceedings are pending; and providing an
effective date. (The Planning and Zoni.ig
Commission recommends approval.)
ki, hold a public hearing to consider adoption of an
ordinance amending Appendix A - Denton
Development Code of the Code of Ordinances of tho
City of Denton, Texas to provide for the
imposition of feos for submitting petitions for
voluntary annexations; providing a severability
clause; and providing for an a"fective date.
(The Planning and Zoning Commission recommends
approval.)
1. Hold a public hearing to consider adoption of an
ordinance amending the Subdivision and Land
Development Regulations (Appendix A) of the Code
of Ordinances to provide for required local lift
stations or force mains to serve developments;
providing for prorata reimbursement to developers
for the costs thereof; providing for prorata
charges for persons connecting to or using such
facilities; repealing the provisions of Chapter
25 of the code of Ordinance3 on extensions of
water and sewer mains, pproviding for a penalty
for violations thereof in a maximum amount of
$200.00. (The Public Utilities Board recommends
approval.)
3. Ordinances:
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services and providing for
the expenditure of funds therefore.
B. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state law
exempting such 1~ rchcses from requirements of
competitive bids,
C. Consider adoption of an ordinance amending
Se:tion 1-5 of Chapter 1 of the Code of
Ordinances of the City of Denton, Texas by
raising the maximum fine to $1,000 for a
I
y
City of Denton City Council Agenda
Meeting of September 17, 1985
Page iii ve
violation of those code provisions which govern
fire safety, zoning and public health and
sanitation.
D. Consider adoption of an ordinance amending
Article I of Chapter 10 (Fire Prevention) of the
Code of Ordinan,~os of the City of Denton, Texas
by the addition of Section 10-5 raising the
maximum fine to $1,000 for violations of these
sections of the fire preventicn chapter.
E. Consider adoption of an ordinance amending
subsections (A), (B), (F)(2), and (G) of Section
15-3.1 of Chapter 15 of the Code of Ordinances of
the City of Denton, Texas; increasing user fees
for certain pa-ks and recreation facilities.
(Tho Parks and Recreation Board recommends
approval.)
F. Consider adoption of an ordinance amending
Chapter 12 of the Code of Ordinances of the City
of Denton to provide for tie establishment of
rates for the use of the city's sanitary landfill
site and residential and commercial sanitation
collection services.
G. Consider adoption of an ordinance establishing
rates for the use of the city's sanitary landfill
site and residential and commercial sanitation
collection services as authorized by Chapter 12
of the Code of Ordinances of the City of Denton.
h. Consider adoption of an ordinance amending
Chapter 14 of the Code of Ordinances of the City
of Denton, Texas to provide for an amended
definition of jun':ed vehicles; amending the
amount of the penalty for violations for
maintaining junked vehicles to rovide for a
penalty in an amount not to exceed 1,000.00.
1. Consider adoption of an ordinance amending the
Subdivision and Land Development Regulations
(Appendix A) of the Code of Ordinances to provide
for required local lift stations or force mains
to serve developments; providing for prorate
reimbursement to developers for t"le .osts
thereof; providing for prorata charges for
pers,)ns connecting to or using such facilities;
re reeling the provisions of Chapter 25 of the
Code of Ordinances on extensions of water and
sewer mains; rroviding for a penalty for
violations thereof in a maximum amount of
$200.00. (The Public Utilities Board recommends
approval.)
r
owl I
,..E Denton
C Agenda
ity Council
~
city Meeting of September 17, 1985
Page Six
J. Consider adoption of an ordinance levying the ad
valorem tax of the City of Denton, Texas, for the
year 1985.
K. Consider adoption of an ordinance adopt;-- the
budget for the City of Denton, Texas, for the
fiscal, year beginning on October 1, 1965, and
ending on September 300 1986.
L. Consider adoption of an ordinance amending
various sections of Article III of Chapter 2 of
the Code of Ordinances providing for purchasing
procedures; authorizing the expenditure of funds
for all budgeted items not exceeding $10,000 by
the City Manager; providing for all contracts
calling for expenditures of $10,000 to be
approved by the City Council.
4. Resolutions:
A. Consider approval of a resolution establishing a
$60,000 6 month loan from the utility system fund
to the Denton Airport. (The Public Utilities
Board recommends approval.)
E. Consider approval of a resolution selecting and
designating a depository for city funds.
S. Consider approval of the City of Denton tax rolls as
received from the Denton County Appraisal District.
6. Discussion of petition of Burke Engineering,
representing Richard Compton, for voluntary annexation
of approximately 81.6863 acreb of land beginning north
of Hickory Creek Road approximately 2,500 feet west of
FA 2181 for the Purpose of determining whither to
begin the annexation process.
7. Discussion of preliminary plat of Rita Blanca Acres, a
proposed eleven lot estate subdivision planned for
30.784 ecres beginning adjacent and north of Warshun
Road, west of Green Valley Road, south of Shapard
Road, and east of Gribble Springs Road, for the
purpose of determining whether to begin the annexation
process.
8. Discussion of the preliminary plat of Western Vintage
Estates, an eight lot estate subdivision proposed on
21 acres beginning adjacent and east of N 1830, west
of Hilltop Road, and north of Hickory Hill Road, for
the purpose of determining whether to begin the
annexation process.
City of Denton City Council Agenda
Meeting of September 17, 1985
Page Seven
9. Official Action on Executive Session Items:
A, Legal Matters
8. Real Estate
C. Personnel
D. Board Appointments
10. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
C E R T I F I C A T E
I certify that she above notice of moeLing was posted on the
bulletin board at the City Nall of the City of Denton, Texas,
on the day of 1985 at o' clock
(a.m.) (p.m.)
CITY SECRETARY
1914C
DATie 09117/85
CITY CRUNCCiL RKPOnA • O
TO: Mayor and Members of the City Council
PROM; Rick Svehla, Acting City Manager
SUBJECT: APPROVAL OF THE FOLLOWING PRELIMINARY PLATS:
1. Preliminary plat of the Keas - Pruett Addition, Lot 1, Block 1
2. Preliminary plat of the 8.8°D. Addition, Lot 1, Block 1
RECOMMENDATION:
The Planning and Zoning Cosmiasion considered these items at its'
meeting of September 11, 1985 and voted to recommend approval of the
above list►d plate.
BACKGROUND:
~ no►un D PARTMENT8 OR GROUPS APFBCTRD:
Not applicable
ISC L tKPA" i
There is no impact on the general fund.
:
ted:
it
ullr su1
r_Aoso
VrepV
Prepared by: Acting City Manager
% It
Denise Bpi ey cBpi ey P
Urban Planner
1.ppro :
Jeff Kaye
Director of Planning
and Development
1.3278
. r.; ' n_
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: Sep ember 17, 1485
SUBJECT: Preliminary plat of the Keas and Pruett
Addition, Lot 1, Block 1
SUMMARY: This tract is 0.5 acres located on the east side
of Johnson Street, 700 feet south of Dallas
Drive. This tract is shown In the Alexander
Hill Survey, Abstract 623, Denton, Texas. The
property is zoned commercial (C), and commercial
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 requirements of
the Denton Subdivision and Land Development
Regulations.
ACTION REQUIRED: Approval of the preliminary plat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval.
ATTACHMENT: Reduced plat
i
Denise 8 iv y
Urban Planner
13188
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CITY COUNCIL AGENDA
BACK-~~ SP ui MRY SHEET
MEETING DATE: September 17, 1965
SUBJECT: Preliminary plat of the S.S.D. Addition, Lot 1,
Block 1
SUNMRY: This tract is 0.6 acres located on the north
side of Highway 380, $00 feet east of Cooper
Creek Road. This tract is shown in the
M. Forrest Survey, Abstract 417, Denton, Texas.
Tt,c property is zoned commercial (C), and
commercial development is anticipated.
The plat conforms to the minimum requirements of
the Denton Subdivision and Land Development
Regulations.
A 10 inch water and a 10 inch sewer line must
be extunded across the full. frontage of the
property. Existing lines currently stop
approximately 5o feet west of this tract.
ACTION REQUIRED: Approval of the preliminary plat
SLCOMMENDATION: The Planning and zoning commission recommends
approval.
ATTACHMENT: Reduced plat
~ e
Denise Spfvve
Urban Planner
0978a
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77
OATS! 09/17/8%
gITY C0UKCI1A REPORT ToRMA-T
TOt Mayor and l4embers of the City Council
FROK: Rick Svehla, Acting City Manager
SUBJECT: PUBLIC HEARING FOR ZONING CASE Z-1756
RKCOMKENDATION:
The Planning and Zoning Commission considered this item and voted to
recommend approval. of Z-1756 with conditions at its 4 meeting Auguat
141 19850by a vote of 5-0.
SUKKARY:
This is a request for a change in zoning from the agricultural (A)
district to the planned development (PD) classification on a 27.3
a•:ca tract located at the southeast corder of FM 1830 and Hobson
Lane.
0ACKGROUND:
This proposal is consistent with Den'.on Develc,pment Guide policies
for diversified land use in a low ietenslty area.
PROOMM DEPARTMENTS OR GROUPS AFFECTRD:
Not applicable
?18CAL IMPACT:
There is no impact on the general fund.
R0P60 y au itt
Rick Svehla
Prepared by: Acting City Manager
Denise Spi ey U
Development Review Planner
Apps U44V~~
Jeff Key
Director of Planning
and Development
13258
17
.77
PLANNING AND ZONING COMMISSION'
RECOMMENDATION TO THE CITY COUNCIL r'
To., Denton City Council
Case No.: Z-1756 Meeting Date: :ceptember 17, 1985
GENERAL INFORMATION
Applicant: Burke Engineering
406 S. Carroll Blvd.
Denton, Texas 76201
Status of Applicant: Owner's Engineer/representative
paquested Action: Chanqe in zoning from the
agricultural (A) classification to
the planned development (PD)
classification. If approved, the
planned development will permit the
following land uses:
1. General retail - 2.25 acres
2. Multi-family (MF-1) - 5.68 acres,
total of 120 units
3, Duplex - 6.67 acres, total of 60
units
4. Triplex - 2,84 acres, total of 18
units
5. Gardenhomes - 3.74 acres, total
of 15 units
6. Townhomes - 2.7 acres, total of
28 units
7. Open space - 3.35 acres
Location and Size: Approximately 27.3 acres located at
the southeast corner of F.M. 1830 and
Hobson Lane.
Existing Lr,nd Use: Single family residence
Surrounding Land Use
and Zoning: North - Residential, Vacant) A, LI
South - Agricultural, Residential) A
East - Residential, Vacanti A, SF-16
West - Townhomes, Multi-family,
Convenience Store) Lip PD
Denton Development Guide: Area is designated as low intensity.
~w-. CTF~`~nk r ?w , V. s '.1 v q.is j: W \ ;+#Y6 r`e ',"y k a o r : y ~ 4 . ~ y
(Ck.'re Z-1756)
Page Two
SPECIAL INPORNATION
Transportation: The property has frontage on F.M.
1830 and Hobson Lane, secondary major
arterials. 80 feet of right-of-way
is required and perimeter street
paving regulations are applicable.
Multi-family and general retail area
should be served by collector sized
streets.
Drainage: 3.35 acres of this plan are contained
in a drainage easement and flood
plain. A channel, ab shown on the
plan, will be required. Detention is
necessary to handle the effect of
this development. Sidewalks will be
required as per the Subdivision
Regulations.
Public Utilities: Developer will need to extend a
minimum 10 inch sewer line 1,900 feet
west to the existing 18 inch co-ed
interceptor and across the property
frontage on Hobson Lane. A pro rata
agreement can be drawn up to cover
this sewer line extension, A 16 inch
water line must be extended fron
Hobson Lane east of this project
approximately 21550 feet.
ZONING a[STORY
On June 12, 1985, the Planning and Zoning Commission denied a
request for a change in zoning from the agricultural (A)
district to the planned development (PD) district at this
location. That planned development contained the following land
uses:
11 General Retail - 3 acres
2, Multi-Family (Mf-1) - 7.02 acres, total of 146 units
3. Duplex - 5.1 acres, total of 60 ur•tts
4. Triplex - 1.0 acre, total of 18 units
5. Gardenhomes - 4 acres, total of 15 units
61 Townhomes _ 2.6 acres, total of 30 units
7. Open Space - 2.2 acres
The Planning and Zoning Commission was concerned about the
concentration of retail and multi-family land use in the area
and voted to deny z-1740.
(case 2-1756)
Page 'three
ANALYSIS
The property is located in a low intensity area which is
designated by the Denton Development GkO6 a as one of the primary
residential areas of the City, The folio;wing analysis rates
this proposal for compliance with Development Guide policies for
diversified developments in low intensity areas:
1. Strict site plan control fol protection o existing nearby
subdivisions in provided tt•.rough this planne3 development,
2, Access to this development will be provided through two
secondary major arterials--F.M. 1830 and Hobson Lane.
3. The ovevrall density/intensity standard will not be violated
wnen this development is completed.
4, Approximately 3.35 acres of open space are provided for ope;
space and drainage purposes. A swimming pool and club house
are provided for recreational purposes.
5. The developer has been advised to contact property owners in
neighboring suodivisions.
6. The 2.25 acres of general retail use plus th, existing 1.4
acres of retail at the corner of F.M. 1830 and Fort Werth
Drive is slightly under thu four acre retail limit in a low
intensity area with 3.65 acres devoted to retail use.
7. The 121 proposed multi-family units plus 5U existing units
on the west side of F.M, 183U will total approximately 170
units, oelow the limit in it low intensity area.
RECUMMENDATIUN
F Planning and Zoning Commission felt tnat the developer had
uced the density of the proposal to an acceptable level and
ed to recomviend approval of Z-1756 at it if 5 f0 August
1985, with the following conditions,by s vote o
1, Development standards for the duplex area shall be
consistent with standards listed for the 2-F district in the
City of Denton Zoning ordinance. These standards shall
include lot size, lot width, lot depth# lotecoverage,
setbacks, parking requirejaents, and p_
2, Development standards for the triplex area shall conform to
City of Denton Zoning ordinance standards for the SF-7
district, except that minimum lot size shall be 9,000 square
feet.
(Case Z-1756)
Page Four
RECOMMENDATIONS (continued)
3. Development standards for the gardenhome area shall be
consistent with City of Denton Zoning Ordinance i-ta.ndards
for the SF-7 district. except that one building wall may sit
on a side lot line.
4. Development standards for the townhome area shall be
consistent with SF-7 district standards, except that
structures shall, be attached and minimum lot size shall be
2,700 square feet.
5. Development standards for the multi-family section shall be
consistent with standards for the MF-l district.
6. Development standards for the 3eneral retail section shall
be consistent with zoning Ordinance standards for thf
general retail district.
7. No detached signs shall be permitted in the development.
8. Landscaping plans must be included with specific site plans
for the general retail and multi-family areas.
ALTERNATIVES
1. Approve petition witn conditions
2. Approve petition without conditions
3. Deny the petition
ATTACHMENTS
1. Location Map
2. Concept Plan
3. Reply Form Totals
4, Property Owner List
5, Minutes of the Planning and Zoning Cci:,Tission meeting of
August 14, 1985
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1756
IN FAVOR IN OPPOSITION UNDECIDED
Tom D. Jester, Jr. Pat Heath
P.O. Box 28U 3030 Country Club Road
Denton, TX Denton, TX
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P & Z Minutes
August 14, 1985
Page 2
IV. PUBLIC HEARINGS
A. Z-1756. Petition of Burke Engineering requestingg a
change in zoning from the agricultural (A) ciassifi-
(UNAPPROVED) cation to the planned development (PD) district on a
27.29 acre tract at the southeast corner of FM 1830
and Hobson Lane. If approve,, the planned development
will permit the following land ?rKes:
General Retail - 2.2S acres
Multi-Family-1 - 120 units on 5.6 res
with a density of 21.1 units per a,°:e
Duplex - 60 units on 6.6 acres
with a density of 9 units per acre
Tri-plex - 18 units on 2.8 acres
with a density of 6.3 units per a.re
Townhouse - 28 units on 2,76 acres
with a density of 10.1 units per acre
Gardenhomes - 1S units on 3.7 acres
with a density of 4 units per acre
Recreation, Open Space and Drainage Areas
- 3.3S acres
Eight notices were mailed to property owners within 100
feet; one reply form was received in favor, no reply forms
were received in opposition.
PPTITIONER: Brian Burke, representing the developer
's - e'd'"E~ii's plan differs from plan which was dented ~y
Commission earlier, that overall intensity is reduced by
about 8 percent. Ile said that general retail area has
been reduced by 25 percent, multi-family area has been
reduced by 18 percent, townhome area has been reduced by
8 percent, and garden home area has been reduced by 6 per-
cent. The duplex area has been increased by 15 percent.
Ile continued they are proposing a solid screen along the
southern property line throughout the multi-family area
and there are trees and bushes along the western boundary
line of multi-family area. He stated they mailed a copy
of this site plan to all pro erty owners within 100 feet
and discussed it with those hey were able to reach.
Chairman asked if there was an increase in density of
developable area over last plan and Mr. Burke replied
no, it is decreased, tha.t the only Inc-lase is in number
of duplexes.
IN FAVOR: None present.
OPPOSED: None present.
P S Z Minutes
August 14, 1985
Page 3
STAFF REPORT: Ms. Spivey stated that property is located
in a ow nl•ensity area which area is designated by Devel-
opment Guide as one of the primary residential areas of
the city. A request on this property was denied by the
Planning and Zoning Commission on June 12 as Commission
was concerned about the concentration of retail and multi-
family land uses. The new plan has reduced those areas
where problems existed. She continued that Development
Guide policy limits multi-family in a low intensity area
to less than 200 units, they are proposing 120 units which
together with the 50 units across FM 1830 totals less than
200 units. Development Guide policy limits general retail
in low intensity areas to 4 acres, the proposal of 2,2S
acres together with the existing 1.4 acres is below the
4 acre concentration policy She concluded that overall
intensity/density standard is not violated, multi-family
and general retail concentration policies are not violated,
open space and recreational areas are provided, access is
provided by two secondary major arterials. Staff recom-
mends approval subject to conditions.
REBUTTAL: Mr, Burke a,lvised that Dr, DeBerry had expressed
coneeFrTto him about general retail area on FM 1830. He
wanted it on southeast side of development rather than on
southwest side, lie also was concerned about paving on
1830. On question about moving general retail area to
southeast side, Mr. Burke said his main concern was access,
that traffic would be carried through interior of property
if retail area was on southeast side of development. Ile
added that flooding is no concern, sanitary sewer would be
a concern. Mr. Burke further stated that four people were
present in favor but did not care to speak.
Chairman asked if anyone in audience was in opposition and
one person so indicated.
Chairman Claiborne stated one of his objections was
multi-family traffic on 1830, also he was in favor of
a row of duplexes to buffer single family area. However,
compromises have been made and he supports this particular
plan, i.e moved to recommend approval of Z-1756 subject to
the following conditions:
1. Development standards for the duplex area shall be
consistent with stapdards listed for the 2-P district
in the City of Denton Zoning Ordinance, These stan-
dards shall include lot size, lot width, lot depth,
'4t coverage, setbacks, parking requirements, and
armitted land uses.
2. 6evelopment standards for the tri-plex area shall
co:.form to City of Denton Zoning Ordinance standards
for the SF-7 district, except that minimum lot size
shall be 9,000 square feet,
P 5 Z Minutes
August 14, 1985
Page 4
3. Development standards for the gardenhome area shall
be consistent with City of Denton Zoning Ordinance
standards for the SF-7 district, except that one
building wall may sit on a side lot line.
4. Development standards for the townhome area shall be
consistent with SF-7 district standards, except that
structures shall be attached and minimum lot size
shall be 2,700 square feet.
5. Developpment standards for the multi-family section
shall be consistent with standards for the AP-!
district.
6. Developpment standards for the general retail section
shall be consistent with Zoning Ordinance standards
for the general retail district.
7. No detached signs shell b- permitted in the develop-
ment.
8. Landscap'_nS plans must be included with specific site
plans for the general retail and multi-family areas.
Seconded by Mr. Appleton and unanimously carried (5-0).
7
DATE: 09/17;85
CITY COUNCIL REPORT FORMAT 0g.
T0: Mayor and Members of the City Council
FROM: Rick Svehle, Acting City Manager
SUBJECT% PUBLIC HEARING FOR ZONING CAdE Z-1764
RECOMMEN AD 4i0#it
The Planning are.: Zoning Commission considered this item at its'
meeting of August 28, 1985, and voted to recommend approval of
Z-1764 with eonditions,by a vote of 6-0,
CRY:
This to a request for a change in toning from the agricultural (A)
district to the planned development (PD) classification for office
use on a 1.2 more tract located on the east side of Carroll
Boulevard approximately 500 feet south of Eagle Drive.
aACHROUND:
This site is located in a moderate intensity area which is currently
over the standard bi 35% based on existing toning. The Planning and
Zoning felt that other considerations (i.e., land use and
surrounding zoning) merited its, eot.sideration and voted to
recommend approval of Z-1764 with cunditions.
PROGRAMS. UEPAkTMENTB OR GROUPS RFFRCT&D:
Not applicable
FISCAL IMPACT:
There is no impact on the general fund.
Res eott y su itt
ck Sve la
Prepared by: Acting City Manager
. Sll~lRl _ f -
Denies Spivs
Urban Planner
Appr ed
Jef C Hey r
Director of Planning
and D6v*lcpment
1328a
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To: Denton City Council
Case No.: Z-1764 Meeting Date: September 17,1985
GENERAL INFORMATION
Applicant: - Benny and Barbara Russell
1324 Heather Lane
Denton, Texas 76201 !
Status of Applicant: Prospective owners
R.?quested Action: Change in zoning from the single
family (SF.-7) classification to the
planned development (PD) district for
office use.
Location and -Size: A 1.2 acre tract located on the east
side of Carrell Boulevard approxi-
mately 500 feet south of Eagle Drive,
Existing Land Use: Vacant
Surrounding Land Use North - Vacant; SF-71 2F
and Zoning: South - Vacant; SF-7, PD-57
East - Single family residence; SF-7
West - Vacant, single family
residence; SF-7
Denton Development G:',de: Area is designated as moderate
intenPity,
SPECIAL INFORMATION
Transportation: Property has frontage on Carroll
Boulevard, s primary major arterial,
and Myrtle Street, classified as a
residential street, Sidewalks will
be required on Carroll Boulevard and
Myrtle Street, Access is a major
concern at this site. An effort to
secure joint access should be made.
(Case Z-1764)
Page Two
SPECII.L INFORMATION (Continued)
Utilities: An 8' sanitary sewer line has a
bottleneck on Eagle Drive to South
Elm Street. A 1985 Capital Improve-
ment project will construct a sewer
to eliminate this bottleneck. A 6'
water line will serve the development.
The 6' water line does not provide
sufficient fire protection. Developer
must install a new fire hydrant at
Eagle and Carroll to be used in
conjunction with hydrant at Collins
and Highway 317,
Drainage: Drainage does not appear to be a
problem at this location but a study
should be submitted when the property
is platted,
r .r
ZONING HISTORY
At its meeting of August 14, 1985, the Planning and Zoning
Commission vott-d to table this request and instructed the
petitioner to submit a revised site plan at the next meeting.
The new submittal reflects the relocation of the curb cut to a
position on the north boundary line of this tract. The
relocation of the curb cut will result in better traffic flow
and permit possible joint access in the future,
ANALYSIS
This is a request for planned development zoning that would
permit office development. Phase I of the development will
consist of a 6,855 square foot office building on a 0.385 acre
tract, Future office development is proposed on the remaining
0.906 acres, The concept plan exhibits landscaping at the front
and caar of the tract and ample parking is provided.
The petitioner proposes to utilize one access point to the first
phase of development on Carroll Boulevard and one access on
Myrtle to serve the second phase of development. The tract to
the south of Phase II is zoned planned development to permit the
construction of a 4,020 square foot restaurant, Access was a
major consideration in review of that zoning cases One curb cut
was approved on Myrtle Street to be located as far from the Port
ti 4 ' vl: S 1
v
(Case Z=1764)
Page Three
RtIALYSIS (Continued)
Worth Drive/Myrcle Street intersection as possible. As Myrtle
is classifi,d as a residential street, these garb cuts must be
separated by at least ten feet. The tract to the south of this
proposal is zoned office. he curb cut on this tract is to be
located at least one hundred (100) feet from any intersection at
its beginning point. The Subdivision Regulations strongly
discourage curb cuts on major arterials and suggest that the
applicant be responsible for proving that joint or alternative
access is not feasible. A condition was attached to the current
restaurant PD which prohibits breaks in the Carroil Boulevard
median for left turn access to the site. A similiar condition
could be attached to this planned development.
This site is located in an area designated as a moderate
intensity area by the Denton Development Gul,de. This area is
currently over t:io standard by approximately 35% based on
existing zoning. Intensity is the key to policies governing
land development in the City of Denton and it is the key factor
in this request as well. Intensity is concerned with defined
planning area:>, neighborhoods, or the community at large as
opposed to a specifio site of a change in zoning request.
Individual site planning questions and specific features of
incremental development proposals are obviously considered when
seeking to comply with development objectives such as protection
of older neighborho Js and adjacent residences. This request is
an example of a proposal that is positive, from a site specific
standpoint but is not satisfactory from a comprehensive, overall
intensity standpoint.
L-
RECOMMENDATION
While aware of the violation of the intensity standard in this
case, the Planning cod Zoning Commission felt that other factors
(i.e., surrounding zoning and land use) merited its serious
consideration. The Planning and Zoning Commission considered
this item at it meeting of August 28, 1985 and voted (6-01 to
recommend approval of Z-1764 with the following conditions:
1. No detached signs will be permitted in the development.
2. The development shall conform to the approved PD concept
plan. Any development standards not addressed on the
site plan will be consistent with standards of the
office zoning distrikt in the City of Denton Zoning
Ordinance.
3. A specific, comprehensive site plan shall be approved
for Phase II before building perm?ts may be issued,
4, Building height shall not exceed two (2) stories.
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(Case Z-1764)
Page Four
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RECOMMENDATION (Continued)
I ,
5, No break in the Carroll Boule•vard median shall be
permitted for left turns into Phase I.
6. The architeck~ual character of tt,a buildings shall be
compatible with residential strug-tures in the vicinity.
7. Landscaping shall be provident consistent with the
Phase I site plan and shall be included on the Phase II
site plan.
ALTERNATIVES
1. Approve petition with conditions
2. Approve petition without conditions
3. Approve petition with additional conditions
4. Deny petition
ATTACHMENTS
1. Location Map
2. Concept Plan
3. Reply Form Totals
4. Property Owner List
5. Minutes of Planning and Zoning Commission meeting of
August 26, 1985
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Z-1764
IN FAVOR IN OPPOSITION UNDECIDED
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August 28, 1985
Page 2
A. Z-1764. Petition of Ben:iy and Barbara Russell requestingg
as change in zoning from the single family (SP-7) classifi-
cation to the planned development (PD) district on a 1.2
acre tract located on the east side of Carroll Boulevard
{UNAPk'.(OVED) approximately 500 feet south of Eagle Drive. If approved,
the planned development will permit the construction of
office buildings.
Chairman asked for a motion to remove item from table;
moved by Mr. Pearson, seconded by Ms. Cole, and unani-
mously carried (6-0).
HISTORY: Ms. Spivey stated that tequest was tabled at the
Iaas meeting to allow petitioner to submit a new site plan
relocating curb cut on Carroll Boulevard. She advised that
notices were remailed to twelve property owners within 200
feet; no reply forms were received in favor or in opposi-
tion.
Mr. Appleton asked if there were any other changes besides
the curb cut. Ms. Spivey replied that the moving of the
curb cut has changed the alignment of buildings from ear-
lier site plan a little 'oit. Curb cut has been moved up
to the northern boundary instead of center southern loca-
tion as first proposed. This changes parking configura-
tion, but same land use is proposed.
Mr. Pearson asked the purpose of this change. Ms. Spivey
replied that changing the curb cut was to comply with
major city policy of trying to control access along
Carroll Boulevard as much as possible. It was felt also
by moving the curb cut to a northern position that there
was a possibility of joint access with property owner to
the north which would limit the total number of curb cuts
that would be required in the future.
PETITIONER: Beany Russell stated it was their under-
stan ng that staff wanted the curb cut relocated to
allow possible joint access for this property and prop-
erty immediately to the north. He said there would be no
new curb cut, just a new location For the curb cut. On
question, he said their 24 foot curb cut could be widened
by the property owner to the north when he is ready to
develop, making one 35 foot cut for joint access.
Russell Stogsdell, architect, stated that he met with
city engineer after the last hearingg, they discussed
several options, and this seems to be an equitable
solution. Ile explained that at the time the lot to the
north is developed they can break the curb and widen it
for joint access, that their coming in at an angle helps
that situation. He said this does change layout of build-
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P 8 2 Minutes
August 28, 1985
Page 3
ing and parking. On question, he said they don't control
the area designated for future development, that owners of
that pproperty elected to join them in the request but it
will be a different development,
IN FAVOR: None present.
OPPOSED: None present.
STAFF REPORT: Ms. Spivey stated that this is a request
or a or office use, that Phase 1 is represented by
specific site plan presented, that future office develop-
ment is proposed on remainder of tract which is shown as
future development on site plan. She said that the basic
issue has been access point to property. She explained
that one access point exists on Carroll for proposed office
development to the south and one access point has been ap-
proved on Myrtle Street for proposed restaurant south of
Phase II. These curb cuts were worked out during zoning
process for Dose properties. After the last meeting,
petitioner consulted City Engineer and has located the
Carroll Boulevard curb cut in best place possible for
future joint access with property to the north to comply
with city policy of limited access on major arterials. A
curb cut is proposed on Myrtle Street for Phase iI develop-
ment. She continued that property is located in moderate
intensity area, that area is over standard by 3S percent
based on existing zoning. When petitioner came in with a
request for zoning change they felt a more comprehensive
plan rather than piecemeal development would be desirable
and property owners fronting on Myrtle Street joined in
the request. She said this is an example of a proposal
that is positive from a site specific development but is
not satisfactory from on intensity standpoint. She re-
ferred to development Guide policy of protection of older
neighborhoods and adjacent residences stating that on the
lots that are listed as future development there are exist-
ing houses that are in rather poor condition. These are
located in CDBG tar et area and may be eligible for reha-
bilitation. She sai+1 that staff cannot recommend approval
of this request due to violation of intensity standard,
however, staff is aware of practical considerations sucn
as surrounding zoning and land use and suggests that if
Commission is inclined to recommend approval that condi-
tions should be attached.
Mr. Juren asked about parking ratio and Ms. Spivey
replied that plan conforms %:1ith staldards in zoning
ordinance required for office development. On further
question, Ms. Spivey said this is a specific site plan
P & Z Minutes
August 28, 1985
Page 4
for Phase I, that area shown as future development will
require specific site plan approval by Planning and Zoning
Commission and City Council before building permits can be
issued.
REBUTTAL: None offered.
Public hearing closed.
DECISION: Mr. Pearson moved to recommend approval of
71754 subject to the following conditions:
1. No detached signs will be permitted in the development.
2. The development shall conform to the approved PD con-
cept plan. Any development standards not addressed on
the site plan will be consistent with standards of the
office zoning district in the City of Denton Zoning
ordinance.
3. A specific, comprehensive site plan shall be approved
for Phase II before building permits ma be issued.
4. Building height shall not exceed two (25 stories.
5. No break in the Carroll Boulevard median shall be
permitted for left turns into Phase I.
6. The architectual character of the buildings shall be
compatible with residential structures in the vicinity.
7. Landscaping shall be provided consistent with the
Phase I site plan and shall be included on the Phase
11 site plan.
Seconded by Mr. Appleton and unanimou3ly carried (6-0).
Ix -7..'.;?r- iwT &`T~'~-T 'Y''{. x 1_r'''_°l'• K 1.. .n '4
DATE: 9/17/65
CITY COUNCIL WIRT FORMAT
T0: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Z-1765
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of 3-1765 at
its meeting of August 14, 1985, by a vote of 5 to 0.
SUMMARY:
This is a 20.297 acre tract located at the northeast corner of Loop
288 and spencer Road. The request is for a change from the
agricultural(A) to the commercial (C) classification.
BACKGROUND.
The property is located in a high intensity area that encourages
commercial development. The Loop 288 corridor is predomiiately
zoned commercial ai,d light industrial, and this proposed zoning is
compatible with the surrounding zoning.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
I
Reply forms were mailed to six (6) property owners within 200 feet.
No other departments of programs are affected.
FISCAL IMPACT:
No impact to the general fund
ReQSvshldd y sub ~ tted:
iPrep
ared by: Acting City Manager
Cecile Carson
Urban Planner
!pprove
Jeff Meyer
Director of Planning
and Development
13219
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
To: Denton city council
Case No.: Z-1765 Meeting Date: September 17. 1985
GENERAL INFORMATION
Applicant: Foster & Riley Properties
3001 Scripture
Denton, Texas 76201
Status of Applicant: Financial Interest
i
Requested Action: Change in zoning from agricultural
(A) to commercial (C) classification
Location and size: 20.297 acres located at the northeast
corner of Loop 288 and Spencer Road
Surrounding Land Use
and Zoning: North - Light industrial (LI); vacant
Sou'•. - Agri:ultutal (A): vacant
East - Light industrial (LI); vacant
test - Commercial (C); vacant
Intensity Area: High Intensity Area
SPECIAL INFORMATION
Transportation: Perimeter street paving will be
f II required on Spencer Road. Access
will be limit:►d on Loop 288 and
access on Spencer Road would be
preferred due to the relocation of
Loop 288.
Utilities: An 1811 sanitary sewer line exists on
1 the east side of Loop 288, and
developments may be connected to the
line. Two options exist as to the
extension of water lines: one option
is to extend a line from Karina
Street southward along Loop 288
approximately 2,704 feet. The other
option would require boring under
Loop 286 and extending a 1211 line.
Pro-rata agree ante may be applicable
to any oft-site extensions of water
lines on written request by developer.
(Case Z-1765)
Page Two
SPECIAL INFORMATION (continued)
Drainage: Detention is needed due to limited
downstream improvements. Off-site
improvements may be necessary, and
detention will not be permitted in
the Loop 288 right-of-way.
ANALYSIS
The property is located in a high intensity area. The Golden
Triangle Mall area is a major activity center with a commercial
emphasis. The Denton Development Guide states that high
intensity areas should encourage commercial and related
activities, but should also encourage residential development.
While encouraging major activity centers, the Guide discourages
strip commercialization of the City's corridors. This policy
encourages diversity down the corridors, such as commercial
nodes separated by high density housing and offices. The Guide
also discourageu unsightly and hazardous strip commercialization
by requiring sign restrictions, buffering by greenbelts and/or
landscaping plans.
The Loop 288 corridor is predominately zoned commercial and light'
industrtal either by planned development or straight zoning, and
only a few tracts of agricultural (A) zoned property exists on
Loop 288.
This proposal does not violate Development Guide policies, but
the possibility of the Loop 288 corridor. :.acoming a commercial
strip from I-35 to McKinney Street does exist.
RECOMMENDATION
r,
Planning and Zoning commission recommended approval of Z-1765 at
its August 14, 1985 meeting by a vote of 5 to 0.
ALTERNATIVES
1. Approve petition
2. Deny petition
ATTACHMENTS
1. Location map
2. Reply form totals
3. Property owners list
4. Minutes of the Planning and zoning comaission meeting of
August 140 1985
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
2-1765
IN FAVOR IN OPPOSITION UNDECIDED
R. M. Dallal None Received
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P Z Minutes
August. 14, 1985
Page 8
0. Z-1765. Petition of Foster and Riley Properties
regga-esting a change in zoning from the agricultural (A)
to the commercial (C) classification on a 20.297 acre
(UNAPPROVED) tract. The property is located at the northeast corner
of Loop 288 and Spencer Road and shown in the MEP and
PRR Company Survey, Abstract No. 927. If approved,
the property may be utilized for any use permitted in
the commercial (C) classification by the Denton Zoning
ordinance.
Six notices were mailed to property owners within 200
feet; two reply forms were received in favor, io reply
forms were received in opposition.
PETITIONER: B. Riley, representing Foster Riley
PF"oper es, stated their property }s bounde by Loop 288,
by Spencer Road, and by "The Pointe" devoiopment on two
sides. They are requesting commercial zoning which they
consider the highest and best use of land, Ho referred
to extension of Loop 288 stating that this property is
located at the beginning point of where loop takes off.
Ile said city has agreed that location of loop can be
worked into developm it of property.
IN FAVOR: None pres,:nt.
OPPOSED: None preseit.
STAFF REPORT: Its. Carson stated that property is located
in ee high'-intensity Golden Triangle Malt area which
encourages commercial and industrial uses. Shi said that
requested zoning is compatible with existing uses of light
industrial and commercial along Loop 288, that much of
property to south is zoned Agricultural but there is a PD
for LI uses on 288. She said that staff's only concern
is possibility of strip commercialization of Loop 288
corridor. She continued that access from Spencer rattier
than 288 is preferred; that there is existin sanitary
sewer in the area and water lines are located where they
c.an be extended; that pproperty is located in drainage area
where detention would be required. 'hose things will be
worked our during platting stage. Since no Development
Guide policies are violated, staff recommends approval.
Chairman asked what percentage of property would be
affected by extension of Loop 288. FAT. Clark said it
depends on funding in the future. If an overpass is
decided on. it would require further study and state honey
wou,d be required. If city and county build it, it will
most likely tie into Mayhill making a four-way intersec-
tion, in which case very little of this property would be
affected.
P $ Z Minutes
August 14, 198S
Page 9
REBUTTAL: Mr. Riley said it was their understanding that
e r property would not be affected adversely, that they
had no problems either way, it can be worked out either
way.
Public hearing closed.
DECISION: Ms. Cole moved to recommend approval of Z-1765.
econ a by Yr. Escue and unanimously carried (5-0).
. 1190E ,
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' NO.
AN ORDINANCE AMENDING THE ZONI:10 MAP OF THC CITY OF DENTON, TEXAS, 1_S
SAMF. WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXAS, BY ORDINANCM NO. 69-1, AND AS SAID MAP APPLIES TO
APPROXIMATELY 20.297 ACRES ON LAND SITUATED IN THE M.E.P 5 P.R.R.
COMPANY SURVEY, ABSTRACT NO. 92'1, DENTON COUNTY, TEXAS AND LOCATED AT
THE NORTHEAST CORNER OF LOO) 288 AND SPENCER ROADi TO PROVIDE FOR A
CHANGE IN ZONING CLASSIFICATION ANP USE DESIGNATION FROM AGRICULTURAL
'A' DISTRICT CLASSIFICATION AND USE TO COMMERCIAL "C' CLASSIFICATION
AND USE FOR SAID PROPERTt1 PROVIDING FOR A MAXIMUM PENALTY OF $1,900
FOR VIOLATIONS THEhEOF1 PROVIDING FOR A SEVERABILITY CLAUSEy AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF TSE CITY OF DENTON, TEXA£ HEREBY bRDAINS7
SE.TION I.
That the zoning Classification and Use designation applicable to
all or pate of the property described below is hereby changed from
Agricultural "A' District Classification and Use to Commercial 'C"
District Classification and Use under the Comprehensive Zoning
Ordinance of the City of Denton, Texas,
Being all that certain lot, tract or parcel of land situated in the
M.E.P, i P.R.R. Company Survey, Abstract Number 927, in the City and
County of Denton, Texas, being a pact of that certain tract of land
conveyed by decd from Golden Triangle Properties, Inc., to Bob A.
Lohrke, and wife, Margaret Loncke, dated October 8, 1963 and recorded
in the Dend Recorde of Denton County, Texas, and being more
particular?,, described as followso
BEGINNING an icon rod found for corner in a fence line, being the
east line f Loop Road 288, a public roadway, being also in the west
line of said M.E.P. i P.A.R. Survey, the southwest corner of said
Survey beire south 02000' west, 1073 feet, said point being also the
most northerly southwest corner of that certain (called) 47.836 acre
tract of land conveyed by deed from Bob A. Lohrke, and wife, Margaret
Lohrke, to Sherwin Btoatman, Trustee, dated July 27, 1971, and
recorded in the Deed Records of Denton County, T6x451
THENCE north 89401127" east, 768.20 feet to an icon rod found foe
corner in a fence linel
THENCE south 02°n0'00' west, 1073.14 feet with a tince line to an iron
cod found for eirner at a fence intersection in the north lire of
Spencer Road, a lublic coadwayl
THENCE south 89056120" west, 623.61 feet with said north line of said
toad and with a fence line to an iron rod found for corner at a fence
corners
THENCE north 000:6126' east, 480.61 feet with a fence lino to a fence
post found for corner at a fence intersections
THENCE north 80042117" westo 79.55 feet with a fence line to a fence
post for corner in the east line of Loop Road 288, a public roadwayf
THENCE with a fence line, along the arc of a curve to the left having
a central angle of 126221200r a radius of 2739,41 feet, an are length
of $91.54 feet, whose chord beards north 160130400 east, 59009 feet
with said east line of said roadway to the place of beginning and
containing 20.297 acted of land.
2-1765/PAGE 1
SECTION II.
The Zoning Map of the City of Denton, Texas, adopted the 14th day
of January, 1969, as an Appendix to the Code of Ordinances of the City
of Denton, Texas under Ordinance No. 69-1, be, and the aamn is hereby
amended to show such change in Distric* Classification and Use,
SECTION iII.
That the City Council of the City of Denton, Texas, hereby finds
tnat such enangs 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 char-
aoter of the district and for its peculiar suitability or particular
uses, and with a view to conserving the value of the buildings, pro-
tecting human lives, and encouraging the most appropriate uses of land
for the maximum benefit to tht City of Danton, Texas, and its citizens.
SECTION IV.
Any person who anall violate a provision of this ordinance, or
fails to comply therewith or with any of the requirements thereof, or
of a permit or certificate !ssued thereunder, shall be guilty of a
.iisdemeanor punishable by a fine not exceeding One Thousand Dollars
($1,000.00). Each such person sha!1 be deemed 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 limits above.
SECTION V.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any person
or circumstance is held invrlid by any court of competent jurisdiction,
sucn 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 despite
any such invali4ity.
SECTION Vi,
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
oenton 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.
RICHARD 0. STEWARTj
CITY Of DENT04i TEXAS
ATTESTi
CRXIMTTE A L , ITIT E.RET
CITY Of DENTON, TEXAS
APPROVED AS TO LEGAL WRMi
DESPJI ADANI DRAYOVITCB, CITY ATTORNEY
CITY OF DLNTON, TEXAS
' /(f. . E "L 1 7 V ~
8Y t hl, 91,0/m,
9-1765/PAGE 2
CITY COUNCIL REPORT FORlUIT DA19-- 411718;
To% Mayor and Members of the City Counoil
FRONt Rick Svehle9 AstinA City Manager
SUBJECT: HOLD A PUBLIC HRARINO CONCERNING THE PB`ITION OF THE CITY OF DENTON
FOR ANNEXATION OF APPROXIMATELY 160 ACRES BEING PART OF THE BBB AND
CPR SURVEY, ABSTRACT 141, AND LOCATED NORTH OF FH 1113, SOUTH OF
BARTHOLD ROAD, WEST UP IH-35 No AND EAST OF MASCH BRANCH ROAD AND
THE GC b SP RAILROAD (A-24)
A Planning and Zoning Commission recommendation will be forwarded at
a future date.
30MARY:
Residents of the area in question and staff are concerned about
development patterns and possible environments), Impacts. Some
limited development is underway and existing land ueea includes auto
salvage business and similar unattractive commeralal ventures.
BACXGROUND:
Ej RA&j DRPARTMENTS OR CROUP$ 6Vr1CTRD:
The City of Denton Public Utilities Board, City Engineer, Planning
and Community Development Departmant and some area residents have
+xpressed concerns about existing and potential land use conditions
of thin area.
Properties and land uses that are partially in the City or included
in this praposed annexation included five (5) single family
residence, Port-A-Stall, Poster's Western Near & Saddle Shop, Dozier
Cabinet Works, W & W Auto Salvage, Border Cowboy Truck Stop, Howdy
Doody Grocery, Cunningham's Photography Studio/residence/nini-
warehoures, conawrotal building constructior and a former golf
driving range.
Undeteemined
Rep ectfu ly sub itted:
Prepared bys irk Sv hla
Acting City Manager
David Ellison
Senior Planner
Approv" 4ftA4---%
Jeff Meyer
Director of Planning
and Developaent
08171
-NT
CITY COUNCIL AGENDA
BACK-up SUMMARY SHgET
MEETING DATE: September 17o 19115
SUBJECT: Huld a public hearing concerning the petition of
the City of Denton tot 4nnexation of
approximately 140 acres being pact of the BBB
and CRR Survey, Abstract 141 and located north
of FM 1173, south of Barthold Road, West of
1H-35 N. and east of Masch Branch Road and the
GC and SF Railroad (A-24).
SUMMARY: Residents in the area of property described
above have expressed concern about existing and
potential development and land ute patterns.
Existing development along the City's 500 toot
strip Includes: Border Cowboy Truck Stop, Howdy
Doody Grocery, Foster's Saddle Shop, Dozier
Cabinet Works, Cunningham's Photography Studio
and Mini-Warehouses, Port-A-Stall Factory
Outlet, and W & W Auto Salvage.
The City of Denton Public Ut;.lities Beard 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) months ago.
The Border Cowboy Truck Stop sewer problem has
been resolved toe now, but environmental
concerns -emain with respect to this ganoral
vicinity.
The City EngiD,::L and members of the Planning
Department have met with the owner of property
between Bacthold Road and FM 1173 which was
formerly used as a driving range foe golfers.
The property ownet has stated that it is his
Intention to develop mini-warehouses and similar
commercial user. 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 reputations
I overning property in the extrVercitocial
ucisdf.ction may not prove helpful it actual
subdivision of land does not occur. It is also
itpossible to prevent further development of
unattractive commercial land Liss' such ae auto
salvage yards without suning control.
City council Back-up
September 3, 1965
page 2
SUWARY AnnexatOn and control of land use through
(Continued): zoning will have little effect on existing
condition,; it traditional non-conforming status
remains is effect. But again, it appears to be
the mo?t expedient and fo::eful method available
for monitoring future undesirable land uses
The relative Pro::imity of this area in relation
to the existing city limits (500 foot strip from
center line of 1-3:5) appears to make it a good
canditate for annexation when such factors as
impact of land uses on the City of Denton and
availability of City services is considered.
ACTION REQUIRED: Hold a public hearing,
Y
EXHIBIT: Map
David Ellison
Senior Planner
08178
PIAN OF SERVICE FOR ANNEXED AREA. CITY OF DENTOIY TEXAS
WHEREAS, Arti.cle 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an Ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY
OF DEN'iON, TEXAS:
Section i, 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:
I, Basic Service Plan
A. Police
(1) Patroll`.ng, radio responses to calls, and other
routing police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffie :signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need theref^re is established by appropriate
study and traffic standards,
B, Fire
(I) Fire protection by the present perscnnel and equip-
ment of the fire fighting force, vill be provided
on the effective date of annexation,
C, Water
(1) Water for domestic, commercial and industri.;:l use
will be provided at cil,y rates, from elating city
lines on the effective date of annexation, and
thereafter frog, new lines as extended in 4ccordance
with artir,le 4.09 of appendix A of the rode of the
City of Denton, Texas,
D. Sewer
(7) Properties in tiiv 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 (-)llection
(1) The same regular refuse collection service now pro-
vided within the city will he extended to the
annexed area within one month after the effective
date of annexation.
e .yr 1
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 ns in the
present city, will begin in the annexed area on
the effective date of annexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvemehts,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
G. Inspection Sorvices
(1) Any inspection services now provided by the city
(building, elec.rical, plumbing, las, housing,
sanitation, ri;z.) will begin in the annexation area
on the effective date of annexation,
H. Planning and Zonl.ng
(1) The Planning and. Zoning i:risdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
I, Street Lighting
(1) Street lighting will be installed in the substan-
tially doveloped 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 standarrs and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged zity.
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power,
q a I! x. , r r .v.;r r r.'
4t 77
Service Plan
Annexed Areas
Page three
L. bti3uellaneous
(1) Street name signs where needed will be installed
within approximately B months after the effective
date of annexation.
I1. 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 cor.*dRred to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities.
(2) Impact on the balanced growth policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer that, one year from ~
the date of annexation. In this ne;v r,IP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
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A-24
ANNEXATION SCHEDULE
August 120 1985 Submit City Council agenda item
August 13, 1985 Subm',t City Council agenda back-up
i" August 201 1985 City Council sets date, time and plape
for public hearing
August 21, 1985 Notice to Denton P.ecord Chronicle
August 23, 1985 Publish notice and mailout
August 26, 1985 Submit city council agenda item
August 27, 1985 Submit City Council agenda back-up
.~/Septembet 3, 1985 City Council hfilds first public hearing
i
,.I September 4, 1985 Notice to Venton Record Chronicle
,/September 6, 1985 Publish n,,,tice and mailout
September 9, 1985 Submit Cit; Council agenda item
/segtember 10, 1985 Submit City council agenda back-up
,_Xeptember 11, 1985 Planning and Zor,ing commission mak3s
recommendation
* September 17, 1985 City Council holds second public hearing
September 23, 1985 Submit City Council agenda item
September 24, 1985 Uubmit city council agandA back-up
" October 1, 1985 City Council adopts ordinance and
service plan instittiting annexation
proceedings
October 41 1985 Ordinance to Uenton Record Chronicle
October 6, 1985 Publish ordinance
November 11, 1985 Submit city council agr,.%:a item
November 12, 1985 Submit City Council agenda back-lip
• November 19, 1985 Adoption of final annexation ordinance
and service plan by City council
* Denotes action by the City Council
0964g
'l 'h M -,•y. i''d ^ h':" f f^'t 1 `r4. Y F'd V f1h nr-Fh~.^,;
r
CITJ COUNCIL R6PORT = DATE: 9/17/8!
TO: Mayor and Members of the City Council
PROM: Rick Rvehla, Acting City Manager
SUBJECT: H014 a public hearing concerning the annexation petition of Alkman
Development Corp. and the City of Denton for a tract of land
approximately 117.5 in size lying in and being a part of the B.
Merchant Survey, Abstract 800, the C. Cho,.aut;k Survoy, Abstract 294
and the S. Venter Survey, Abstract 1315, Denton County, Texas, and
beginning at the southwest corner of PM 2182 and Hickory Creek Road. (A-27)
RSCOW&NDATION:
The Planning and Zoning Commission will make its recommendation at a
later date.
ThIs is a joint petition between Atkman Development Corp.,
requesting voluntary annexation of 62.474 acres for a proposed 257
lot SP detached subdivision, titled Denton Manor Ketates, beginning
adjacent and south of Hickory Creak Road and adjacent and west of 8l1.
2181 and north of Old Alton Estates, and the City of Denton,
requesting the involuntary annexation of the adjoining approximately
55 mare tract to the east.
Adequate City of Denton utilities are available for extension to
this site. A final plat and possibly change in zoning request from
agricultural (A) to single family (SP-7) is anticipated on the 62
acres owned by Aikman Development Corporation.
.PROGRAMS. DRPARTMBNTS OR GROUPS AFFBCTBD:
Approximately two single family resLAences are located within the
area proposed for annexation (involuntary portion).
FISCAL IMPACT:
Undetermined
per ly s mit
Prepared by: Rick Svehla
Acting City Manager
"1 ~i r v
Fatricia Ryan
Planning tntern
Appr ed
,I ftso.'
Jeff May
Director of Planning
and Development
12091
0 y.
77-1 lr
Nil,
WITY COUNCIL AQENDA
QjWK-UP SUMMX SHEET
MEETING DATE: September Ili !1985
SUBJECT: Hold a public heating concerning the annexation
petition of Aikman Development Corporation and
this City of Denton for a tract of land
approximately 117.5 acres in size lying in and
betug pact of the B. Merchant Survey, Absteect
8000 the C. Chacon Survey, Abstract 296, and the
S. Venter Survey, Abstract 1315 and beginning at
the southwest corner oe FM 2181 and Hickory
Cc^ek Road (A.-27)
SUMMARY: Denton Manor Estates, a planned 257 lot SF-7
subdivision on 62.474 access is proposed on
property beginning adjacent and south of Hickory
Creek Road, and west of FM 2181. An adjoining
55 acres w-,~s included in the annexation upon
City Council direction
The City Council was interested in development
potential of this area when the annexation
question was discussed on July 2, 1985. Since
direction was given to begin the process foe
this parcel, a voluntary annexation and zoning
petition has beer, submitted for 80 acres on the
north side of Hickory Creek Road.
UTiLIT1EG: The Utility Department has reported that an
existing City of Denton 6" water line has
sufficient capacity to serve this development.
Sanitary sewer service is proposed from a 1011
City of Denton line that must be extended
approximately 3,400 feet to the Hickory Creek
lift .station oc from an oxisting 1011 line along
FM 2191. Typical 8" sanitary sewer and 61' water
is proposed foe internal service. Permission to
be served by the City of Denton utility system
a►ust bpi approved by the Public Utilities Board,
Planning and Zoning Commission and City Council
if the property is not annexed.
clas service is available from FK 2181.
Telephone service is available from FM 2181 and
llickocy Creek Road. Electric service is from
either the City of Denton oe TP&L.
TRANSPORTATION: Hickory Creek Road is presently designated as a
secondary major arterial (so feat of right-
of-way and 4 lanes ultimatelet on the official
thotoughfare plan of the City of Denton.)
T, mot:. ~TTPnr
'.0 777T77,
City Coudcit sable-up,
September 3, 1985
Page 2
TRANSPORTATION
(continusO ; The City has discussed designating tfickory Creek
Road as part of the Loop 288 sydtem as oppoebd
to Ryan Road., The owners have been informed of
this possibility and asked to consider la mer
than required setbacks. Right-of-way dedication
cannot be required toe Loop 288 at this time and
no setbacks beyond the 25 toot minimum ace being
provided; right-of-way sufficient toe a secondary
mayor arterial to being dedicated. Fifteen toot
o. right-of-way is being requested for FM 2181.
Staff projects that the entlre tow of lots (ten)
abutting Hickory Creak Road will have to be
acquired for right-of-way if conceptual plans
foe Loop 288 become a reality.
Sidewalks are required along Hickory Creak Road
toe a distance of 858.88 feet and FM 216' foe a
distance of 553.73 feet.
I
ACTION REQUIRED! Hold.a public hearing.
ATTACHMENTS: 1. Map
2. Reduced plat
David Ellison
Senior Planner
08888
•c
r~
}
PLAN OF SERVICE roR ANNrXED AREA C ITY OF DENTON, TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WITEHEAS, 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 RESOULD BY THE CITY CM NCIL 0 THE CITY
OF DENTON, TEXAS:
Section 1. Pursliant to the provisions of Article 970a as
amended, Texas Code Anl,otated, there is hereby adopted for the proposed
annexation area the following plan of service:
1. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effectit,-i
date of annexation;
Traffic signals, traffic signs, street markings,
and other traric control devices will be installed
as the need therefore is established by appropriate
study and traffic standards.
B. Fire
(1) Fire protection by the present personnel and equir-
ment of the fire fighting force, will be provided
on the effective date of annexation,
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 4.09 of appendix A of the code of the
City of Denton, Texas.
D. Sewer
(1) Proporties in the annexed areas will be connected
to sewer lines in accordance witl,,irticle 4.09 of
appendix A of the code of the City of Denton, Texas.
E. Refuse Collection
(1) The same reg.vlar refuse collection service now pro-
vided within the city will ba extended to the
annexed area within one month after the effective
date of annexation.
Service Plan
AnnexeC Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, e.;,•
will begin on the effective date of annexation,
(2) Routine maintenance on the same Lasis as in the
present city, will begin in the annexed area on
the effective date of annexation,
(3) Reconstruction an-i resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs had gatters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished ender the 9stablished
policies of the city,
G, Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective gate of annexation,
H. Planning and Zoning
(1) The Planning and Zoning Jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
I. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J, Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexa~ion. The same standards and
policies now used in the rreskin city will be fol-
lowed in expanding the recreational program and
facilities in the efilarged city,
K, Electric Distrihution
(1) The city recommends the use of City of Denton for
electric power.
1 ! n i~rPre«.3~ l ry 7j
Service Plan
Annexed Areas
Page three
Le "iscel!aneous
(1) Street name signs miere needed will be installed
within approxinatel. 6 months after the effective
date of annexation.
II. Capital Improvement Program (Cr?)
The CIP of t,3 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 a
..tervicES as compared to other areas
based partly on deny:ity of population, magnitude
of problem3 rompartJ to other areas, established
technica'. standards and profetes.ional studies, and
natural or teo.hnical restraints or opportunities.
(2) Impact on the balanced j-osvth
policy of the city.
(3) rmpact on overall city e'.onolnics.
The a%nexed area %vi) 1 be ,.onsidered for CIP planning !.n the
upcomi:.q UP plan, which will be no '.ottgFr titan one year from
the date. of annexation. In this new CIP planning year the
annexation area Nvill be judged ac;-ordingl,y to the same
estabiishi>i criteria as all other areas of the city.
I
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A-27
ANN% XATION SCHEDULE
August 130 1985 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
v August 230 1985 publish notice and mailout
August 26, 1985 Submit City Council agenda item
August 27, 1985 Submit City Council Agenda back-up
September 1, 1985 City Council holds first public hearing
v September 4, 1985 Notice to Denton Record Chronicle
September 6, 1985 Publish notice and mailout
September 9, 1985 Submit City Council agenda item
September 10, 1985 Submit City Council agenda back-up
Septembec 11, 2,965 Planning and Zoning Commission makes
recommendation
* September 17, 1985 City Council holds second public hearing
September 23, 1985 Submit City Cour,eil agen,1 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, 1965 Publish ordinance
November 11, 1985 Submit City Counc;ll 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
0964q
DATBs 9/17/85
CITY COUNCIL RRPORT FORMAT
TOO Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJRCT: Hold a public hearing concerning a projposed ordinance amending
Appendix B-zoning of the Code of Ordinances of the City of Denton to
provide for front yard parking `egulations for residential lots;
providing for a penalty in the maximum amount of $200.00 :or
violations thereof; providing for an effective date.
RUOMMRNDATIONt
The Planning and Zoning Commission recommended approval by a vote of
6-1 at its meeting of July 2$, 1985.
SUMMARY:
The ordinance will require that all motor vehialei, boats, and
trailers be parked upon a paved or asphalt parking space. Arty
person violating the ordinance shall be fined a e%s not to exceed
$200.00; the ordinance will not apply to dwellit.g unite constructed
prior to the adoption of city codes requiring paved or concrete
driveways.
BACKOROUNDt
This ordinance was uubmitted to the Planning and Zoning Commission
upon request by a City Coanoil member. Two property owners apok. .n
favor of this proposed ordinance at the Planning and Zoning
Commission public hearing. Vo one spoke In opposition.
R u DRPARTMRNTS OR GROUPS AFFRCTRD:
Citizens, coda enforcement office, legal deprrtment
I CA MPACT:
Undetermined
Re eat y su Stt
Rick 'Svahla
P pared by, Aotiog City Manager
I~AAI(.l
0 tuilti
DeAnn Stewart
Planning Intern
Ajpr e
Jeff Mey r
Director of Planning
a:A Development
09963
LEGAL DEPARTMENT
MEMORAUDUM
i
i
Debra Adami Drayovitch, CLtV Attorney
Joe D. Morris, Assistant City Attorney
Robert Be Hunter, Assistant C,!tV Attorney
TO: Jeff Meyer, Director of Planning Community Developient 7
FROM: Debra A. Drayovitch, City Attorney
SUBJECT: Ordinance Prohibiting Parking of Vehicles in Front Yards
DATE: June 28, 1985
Per Council's request, attached is a draft ordinance which
prohibit the ?a-king of vehicles in front yards.
If you have any questions, please advise.
MjEBRA e
DAD O a
Attachments
'I I
1071E
NO.
AN ORDINANCE AMENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES
OF THE CITY OF DENTONs TEXNS TO PROVIDE FOR FRONT YARD PARKING
'RUEXCUMUM AMOU T OF E$200.00 FOR VSiS!ATIONS PROVIDING
THEREOF; PRPENALTY OVIDNG IN FOR A
SFVERABiLITY CLAUSE; AND PROVIDING [OR AN eFFECTIVE DATE.
THE COUNCIL OF THF. CITY OF DENTON, HERESY ORDAINS:
SECTION I.
That Article 15 of Appendix B-Zoning of the Cede of Crdina:tces
of the City of Denton, is hereby amended by adding a new paragraph
E which shall read as follows:
E. Front yard parking regulations for residential lots.
(1) No person shall park, store or maintain any motor
vehicle, boat, travel trailer or trailer in the front
yard of any lot on which is located a one-family, two-
Esmily or multi-family dwelling except upon a parking
space paved with asphalt or concrete.
(2) In the prosecution of a violation of paragraph E(1)
above, evidence of the name of 03 registered owner of
such motor vehicle, boat, travel trailer, or trailer at
the time the violations occurs, shall constitute prime
facie prop: that such registered owner was the person
who parked, stored or maintained such motor vehicle,
boat, travel trailer or trailer.
(3) It is a defense t,) prosecution of a violation of E(l)
that, at the time i-he dwelling unit or building located
on a lot was constructed, there was no requirement to
provide a concrete or asphalt parking space in the
front yard of such lot, and there is no existing
parking space paved with asphalt or concrete on such
lot.
SECTION It.
That any person violating any of the provisions of this
ordinance shall, upon conviction, be fined a sum not exceeding Two
Hundred Dollars (20('.00); and each day and averq day that the
provisions of this ordinance are violated shall constitute a
separate and distinct offense. This penalty is in addition to and
cumulative of, any other remedies as may be available at law and
equity.
SECTION III.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or appplication thereof to any
poprion or circumstance is held invalid b any court of competent
jurisdiction, such holding shall not affect the validity of cha
remaining portions of this ordinance, and the City Council of the
City of Denton Texas, hereby declares would have enacted such
remaining portions despite any such invacidity.
PACE 1
%
.15 P.
.
SECTION IV.
Tliat 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 thn Denton Record-Chronicle, the official newspaper of
the City of Denton, Texes, witnin tan (10) days of the date of its
passage.
PASSED AND APPROVED this the day of 1985.
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN CITY SECRETARY
CITY OF DENTON,,TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PACE 2
P 8 Z Minutes
July 24, 198S
Page 9
F. ORDINANCE AMENDING APPENDIX B - ZONING OF THE CODE OF
(UNAPPROVED) ORDINANUS OF THE CITY Of UbN1UN=KH o provide or
fronyard. parking regulations for rest ential lots- pro-
viding for a penalty in the maximum amount of $200.0 for
violations thereof; providing for a severability clause;
and providing for an effective date.
STAFF REPORT: Ms. Stewart stated that this ordinance was
recommended by a City Council member. She explained that
proposed ordinance will prohibit parking, storing or main-
taining any motor vehicle, boat or trailer in the front
yard of any residential dwelling exceppt upon a paved park-
ing space. She further stated that thI ordinance will
not apply to those lots on which dwellings were constructed
prior to adoption of the city code requiring paved or con-
crete driveways.
Mr. Claiborne asked if a majority of the City Council had
made this recommendation. Ms. Stewart replied that the
recommendation came from one member.
IN FAVOR: Ema Ruth Russell 918 Panhandle Street com-
mented on the blight of unsightly cars parked in front
yards and the inability of city inspectors to do anything
about it since there currently is no ordinance prohibiting
vehicles from being park%,d anywhere in the front yard.
She said they have worked to make Panhandle a beautiful
street and are requesting approval of this ordinance for
the benefit of their street as well as other areas of the
city. She said that a similar ordinance had been passed
in Dallas about a year ago ind in Sanger about a month ago.
Mr. Pearson asked why only the front yard why not the
back yard also? She replied that she would like to see
an ordinance pertaining to parking for both the front
and back yards.
Ms. Cole asked Ms. Russell if the vehicles in question
on her block were inoperative. Ms. Russell said yes they
were and that one had been parked in the same place for
over four years.
Mr. Ellison advised there is a junk car ordinance and
suggested 'hat she contact the code enforcement office
of the cit4. Mr. Morris said the probica is defining
'junk cars', that this has been difficult to enforce
because of no definition, also that there is no provi-
sion for cars parked in front yards,
• 1 , C 'vii<~ ' ,
P $ Z Minutes
July 24, 1985
Page 10
I `
Hazel Fletcher, 1309 Panhandle, said that cars parked in
the street should also be a consideration. She said there
are times when it would be impossible for an ambulance to
get down Panhandle Street between cars parked on b!-~th
sides of the street.
Mr. Ellison suggested that she petition the Traffic Safety
Commission to eliminate parkirg on one side of street.
OPPOSED: None prosent.
DISCUSSION: Chairman Claiborne questioned whether this
or nano,"would in effect be grandfathering all existing
unpaved areas and would it apply only to future develop-
ment?
Mr. Ellison said that it would apply to those areas
developed after passage of requirement for paving of
driveways.
Chairman asked when that went into effect and Mr. Ellison
replied that it was in late 1950s or early 1960s.
Chairman referred to paragraph 2 of proposed ordinance
which establishes method of determining ownership of
vehicle and asked about other alternatives for deter-
mining ownership.
Mr. Morris advised that this is the same provision that
is in current ordin3nce for parking violations.
Chairman commented that if a person no longer owns the
vehicle there would be no way to enforce ordinance. He
asked who would enforce ordinance and Mr. Morris replied
that either code enforcement or police department, it
would be up to the city manager.
Ms, Cole as!.ed what if a car was parked on pprivate property
that wasn't owned by property owner? Mr. Ellison advised
that property owner could have it rsmoved.
Mr. Morris advised that this ordinance has nothing to do
with junk cars.
Mr. Appleton commented that nobody opperentlf has a
definite date on paving requirement, that any dwelling
constructed before that date will be exempt even though
that home may have a driveway.
Mr. Ellison explained that proposed ordinance was designed
for peop)e who park in front yard, not in driveway.
r. 7 • q,. ~,f .
71
P 4 2 Minutes
July 24, 1985
Page 11
Public hearing closed.
DECISION: Chairman Claiborne commented that he would like
a moreIn-depth study of proposed ordinance, possibly an
organized tour of city to see what could ba worked out.
He said he is in favor of tabling proposed ordinance until
more background information is available and so moved.
Mr. Pearson seconded the motion. He then asfied the
purpors of additional study, whether it was folt the
ordinance should be broadened?
Mr. Claiborne said he questioned the method of determining
ownership.
Mr. Juren commented that attorney says this is a draft
ordinance, that he would be more in favor of denying than
tabling.
Vote was called on notion:
Aye - Claiborno
Nay - Appleton, Brock, Cole, Escue, Juren, Pearson
Motion failed (1-6).
Mr. Juren moved to recommend draft of ordinance to City
Council stating that staff has heard concerns of Commis-
sion and may want to rewrite some of it. Seconded by
Mr. Appleton and carried (6-1). Mr. Claiborne voted no.
DATE: 09/17/85
CITY COU,~CIL REPOeR R'^,~' ~
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Aoti:ig City KaAager
SUBJECT: HOLD A PUBLIC HEARING TO CONSIDER ADOPTION OF AY ORDINANCE THAT
WOULD REPEAL PARAGRAPH 8 OF ARTICLE 21 OF APPENDIX B-ZONINi OV THE
CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO THE APPROVAL BY
THL CITY COUNCIL OF PLATS WITHIN AN AREA WHERE ANNEXATION
PROCEEDINGS ARE PENDING; AND PROVIDING AN EFFECTIVE DATE
RECOKKENDATION:
The Planning and Zoning Commission recommends approval.
8 R':
Recommendation of repeal of this ordinance is based on the attached
legal opinion. Essentially, review and approval of plate cannot be
delayed pending annexation if the development complies with City of
Dentnn Subdivision Regulations.
BACKGROUND:
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED;
Developers of property in extraterritorial jurisdiction, City
Council, Planning and Zoni:ig Commission, and staff
FISCAL IMPACT:
N/A
QSve y sub itt
A
Prepared by: A
cting City Manager
,444 ti
David Ellison
Senior Planner
Appro d:
Jeff Meye
Director of Planning
and Development
i32dg
i
1007, L
NO.
AN ORDINANCE REPEALING PARAGRAPH B OF ARTICLE 21 OF APPENDIX
S-ZONING OF THE CODE OF OROI.NANCES OF THE CITY OF DENTON
RELATING TO THE APPROVAL BY TILE CITY COUNCIL OF PLATS OF
SUBDIVISIONS WITHIN AN ARIA WdERE ANNEXATION PROCEEDINGS ARE
PENDING; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENT1)N HEREBY ORDAINS:
SECTION I.
That paragraph B of Article 21 of Appendix B-Zoning of the
Code of Ordinances which reads as follows:
B. The plrnning and toninaj commission of the City of
Denton shall not approve, any plat of any subdivision
within any area where a petition or ordinance for
annexation or a recommendation for annexation to the
City of Denton is pendf.ng before the city council,
unless and until such plat shall have been approved
by resolution by the city council.
is horeby repealed.
SECTION Its
That this ordinance shall oecome effective immediately upon
its passage and approval.
PASSED AND APPROVED this the day of , 1985.
CITY OF DENTON, TEXAS
ATTEST:
'S'ECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: c:
f' x r -.aa J ^ ~ U
CITY OF DENTON, TEX.ts
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
.od D. Morris, Assistant City A"ontey
Ro~iart 8. Nvnter, Assistrait City Attomey
DATE: January 14, 1985
TO: Harry Persaud, Development Review ','-nner
FROM: Joe D. Norris, Acting City Attcrney
SUBJECT: OPINION NO. 363, Requirements of Article 21 B. of
Appendix B-Zoning, providing 'hat the Planning and
Zoning Commission not approve plat of subdivisions
in the ETJ which are bei»g con,-idered for annexation
.without prior approval of the Ctty Council.
In your undated letter received on January 8, 1985, a copy of
which is attached, you have asked our office to prepare a
resolution for City Council action pursuant to paragraph B of
Article 21 of Appendix B-Zoning of the Code of Ordinances which
provides as follows:
B. The planning and zoning commission of the City of
Denton shall not approve any plat of any subdivision
within any area where a petition or ordinance for
annexation or a recommendation for annexation to the
City of Denton is pending before the city council,
unless and until such plat shall have been approved
by resolution of the city council.
Article 974x, Texas Revised Civil Statutes, confers upon the City
the authority to approve plats of subdivisions within 5 miles of
the corporate limits of the city. Section 3 of the statute sets
forth the procedure the city may follow in approving plats of
subdivisions. Section 3 reads, in part, as follows:
Sec. 3. It shall be unlawful for the County Clerk of
any county in which such land lies to receive or record
any such plan, plat or replat, unleas and until the same
ahall have been approved by the ity Planning Commission
of any city affected by this Act, if said city has a
I =11k
i z7¢ it
OPINION N0. 363
January 14, 1985
Page Two
City Planning Commission and if it has no City Planning
Commissions unless. and until the said plan plat, or
replat shall have been approved by the governing body of
such city. If a city has a City Planning Commission, the
governing body may, by ordinance, additionally require
approval of said plan, plat, or replat by the governing
body...Any person desiring to have a p166, plat or replat
approved as herein provided, shall apply therefor to and
file a copy with the Commission, if there be one, or with
the governing body if there is no Commission. The Com-
mission, or governing body, as the case may be, shall
act upon same within thirty (30) days from said filing
date. If said plat be not disapproved within thirty (30)
days from said filing date, it shall be deemed to have
been approved by the Commission, or the governing body
if there is no Commission. If a city with a Commisaion
has required that approval be given by the governing
body, then the governing body shall act upon the same
within thirty (300)v
30) days after the approval by the Com-
mission, or after the approval by reason of nonection.
I= said plat be not disapproved by the governing body
within said thirty (30) days, it shall be deemed to have
been approved by the governing body. (emphasis added)
The statutory procedures of Article 974a, Section 3, clearly pro-
vides that the Planning Commission shall have the power to approve
plats of subdivisions, within thirty days of their filing, unless,
by ordinance, the city council requires that such plat also be
approved by the city council. If, the city council by ordinance,
is also required to approve such plat, it shall qet upon the plat
within thirty days after approval of the planning commission.
When a statute directs that action be taken in a certain way it may
be performed in no other manner. Smart v. Lloyd, 370 S.W.2d 245
(Civ.App.-Texarkana 1963, no writ Fist. c ty may not add a
procedural step that is not required by the comprehekisive provisions
of the state law setting forth the procedure to be followed by the
city ±hen exercising the power conferred upon it by the btate
statute. San Pedro North LTD v. 1;it of San Antonio, 562 S.W.2d
260 (Civ.App.- sn Antonio 1978 wr..t ret'd n.r..e.; cert. den. 99
S.Ct. 616; reh, den. 99 S-Ct. 1060); City o_f_ San Antonio v. Lanier,
542 S.W.2d 232 (Civ.App.-San Antos.iio 1976 wr ret'd n.r.e. .
The Denton Development Code provides for the approval of final plats
by the Planning and Zoning Commission (Art. 2.03). Paragraph B of
Article 21 of the zoning ordinance acids a procedural step to the
~ a s , e y.. ~ . Y'~'' , !r ~~'{"'P'.'r per. r
OPINION NO, 363
January 14, 1985
Page Three
subdivision appproval process which is not provided for or required
by Article Me and, therefore, is inconsiitont with state law.
The City Council may provide by ordinance that it give final
approval of subdivision plate after the Planning and Zoning Com-
mission acts upon the plat. A city ordinance cannot revurse the
procedure provided by state statute and require approval of a
subdivision plat by the City Council prior to fine! approval of
the Planning and Zoning Commission.
Although we do not know what the original intent of paragraph B of
Article it of the zoning ordinance was, we can see no practical
reason at present for such a prov.i.sion• Since the approval
requirements for subdivision plats within tht City and the extra-
territorial jurisdiction are the same, we ste no reason fur a
provision that requires the City Council to approve a subdivision
plat of land located in an area which is su.)ject to annexation
proceedings to be approved by resolution of .he Council prior to
final approval of the Planning and Zonlnv Commission. We would
suggest that paragraph B of Article 21 of our zoning ordinance be
repealed or amended to conform to the procedures required by state
statute.
SUMMARY
Paragraph B of Article 21 of Appendix B-Zoning of the Code of
Ordinances, which requires approval of any subdivision located
within an area which is subject to pending annexation proceedings
by resolution of the City Council prior to final plat approval by
the Planning and Zoning Commission, is inconsistent with the
subdivision plat approval procedures provided by state law. We
cecommand that such provision, be repealed or amended to conform
to the procedures required by stake law.
Q ir . 11ORKIS
JDM:jc
3
4A 7~-
P i 2 Minutes
February 17, 1985
Page 6
Mr. Morris stated he would Suggest a specific site plan
be approved by this Commission.
Mr. Sidor accepted rho audition to the motion. Vats was
called and motion carried unanimously (7-0).
C. Recommend approval of final replat of the pwaley Park
Addition, Block 11, Let 12A.
Mr. Pereaud stated this is a tract of 0.36 acres
situated north of and abutting Prairie Street and
east of Bonnie Brae. He stated athe tract is cooed
residential multi-family (MF-1) and ,ulti-family dmwlop-
mant is anticipated. The purppnee of the recptap is to
remove the existing lot line to create one building
mite. Development Review Committee recommends approval.
Hr. Rubio stated he is represonting the developer and
the purpose is to make one lot out of two.
No one spoke in favor or it opposition to the request.
Chair declared th public hearing closso.
Mr. iarorte made a motion to recommend approval of the
Ovwley Park Addition, Lot L2-A Block 11. Seconded by
Mr. Escus and unanimously carried (7-0).
D. Recommend approval of final replat of the Thompson
Additi, i, Phase 11 Lot 1.
Mr. Persaud stated this is a tract of 1.79 acres
situated west of and abutting Old North Road, north
of U.S. Highway 380. The site is toned for multi-
family development and residential multi-family develop-
ment is anticipated. He continued, the purpose of the
rapist is to abandon an existing easement which is not
required to service this development, Development
Review Committee recommends approval.
No one epoks in favor or in opposition to the request.
Chair declared the public hearing closed.
it, Cole made a motion to recommend approval of the
final replat of the Thompson .1Gdttion, Phase 10 Lot 1.
Seconded by Mr. Sidor and unanimously carried (7-0).
E. Recommend approval of a proposed ordinance that would
repeal paragraph B of Artic a 21 of Appendix B-Zoning of
the Code of Ordinances of the City o: Docton relating to
the approves by the City Council of plate of subdivisions
within an area where annexation proceedings are pending;
and providing an effective date.
Mr. Persaud read paragraph B, Article 21, of she Zoning
Ordinance, "The Planning and Zoning Commission of the
City of Denton shall riot approve any plat of Sly subdivi-
sion within any area where a pstitton or ordinance for
annexation to tl.e City of Denton is pending before the
City Council, unlHSs and until such plat seall have been
approved by resolution of the City Council.
He continued, under provisions in Article 474 (e) of
Taxes Revised Civil Statues, the Planning and Loinj
Commission shall have the p„wsr to approve plate of
subdivisions, within 30 days of their filing unless, 4
P ~ L Miaaas
February !7, 191S
Pare 7
by ordinance the City Council requires that such plat
also be approved by the City Council. He stated the
Denton Development Code provides for the approval of
final plats by the Piannini aid Zoning Coomission and
procedural step to the subdivision appproval process
which is not required by Article 974 la) and therefore,
inconsistent with state law.
On question from Mr. Sidor, Mr. Ellison stated yes,
what we have now is conflicting with state statutes.
Chair declared the public hearing closed.
Mr. Claiborne made a motion to recommend appproval of an
ordinance repealing Paragraph 6 of Article 21 of Appen-
dix d-Zoning of the Code of Ordinances of the City of
Deatun. Seconded by At. Escus and unanimously carried
L (7-0).
IV. Considerations
A. Recommend approval of the preliminary plat and general
development plan of McDonnell Highlands.
Mr. Persaud stated this is a tract of 39,5 acres
situated south of and abutting McKinney Street, east of
Hayhill Road. Section 1 of this development is current-
ly within the city limits and the toning of the tract is
being considered along with plattin/ procedures. The
area currently outside the city limits is to be
considered for annexation and toning at a later stage.
Development Review Committee recommends approval with
conditions.
Mr. LaPorte made a notion to recommend approval of the
preliminary plat and gsneral development plan of
McDonnell Highlands with the following conditions:
1) That a 16" diameter water line be extended frost
Mayhill Road along McKinney Street and across the
frontage of the property.
2) That a 12" diameter sanitary sewer line it to be
extended from Hickory Creek outfall to th6 subject
property.
Seconded by Ms. Cole and motion carried unanimously
(7-0).
B. Approval of preliminary and final plat of the
First Assembly of God Addition.
Mr. Persaud stated this is a tract of 1.414 acres
situated west of and abutting Carroll Boulevard, north
of U.S Highway 310, He stated this site is covered by
a specific use permit S-113 for day care center develop-
ment and sancluar development is anticippated. He
continued, Carroll Boulevard north of U.S. Highway $10
is to be redesignated as a primary major arterial road
on the Denton Thoroughfare Plan and an additional 40
feet of ri ht-of-way is require6, but we are unable to
request this right-of•way under our current regula-
tions. Development Review Committee recommends approval.
DATE: 09/17/65
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council'
FROM: Rick Svehla, Acting City Manager
SUBJECT: HOLD A PUBLIC NEARING CONCERNING A PROPOSED ORDINANCE AUTHORIZING
IMPOSITION OF FEES FOR PETITIONS FOR VOLUNTARY ANNCXATION
RRCOMM NPKTIOK:
The Planning and Zoning Commission recommends that a feu of $250 be
established for voluntary annexation petitions involving property
over five (5) acres in size. The Planning and Zoning Commiesio. has
recocc*nded that no fee be required for voluntary requests for
property less than five (5) acres in size.
S :
Voluntary annexation petitions currently comprisa roughly 50% of all
annexation cases. Many petitions appear purely speculative in
nature and some recouping of costs of processing requests to the
intent.
BACKGROUND:
N/A
PROORAM, DRPARTMENTS OR GROUPS AFFECTRD:
Petitioners, City of Denton
FISCAL iffACT:
Some, but nowhere near all of the coat of processing annexation
petitions will be paid by petitioners if a fee is imposed.
Ree atfu ly sub 'tted:
oJA
c Svehla
Prepared Acting City Manager
by., pb Qp
..L (IJ- (c,[~t.~
David Ellison
Senior Planner
App v
Jeff Keiror~
Director of Planning
and Development
I 0955s
DIM, LEGAL DEPARTMENT
MEMORANDUM
Debra Adami Drayovitch, City Attorney
Joe D. rlorris, Assistant City Attorney
Robert 8. Hunter, Assistant City Attorney
TO: David Ellison, Senior Planner
FROM: Debra A. Drayovitch, Cipy Attorney
SUBJECT: Establishment of Fees for Voluntary Annexation
DATE: May 1, 1985
You have requested a written opinion as to the City's legal auth-
ority to impose a fee for petitions for voluntary annexations.
After researching this matter, I leave not been able to find any
case law or statutory authority prohibiting the City from
establishing a reasonable fee for processing voluntary annexation
petitions. I would stress that such fee should be reasonably
related to actual costs involved, including pLalication, surveys
and other such expenses, rather than tying the fee to actual staff
time expended.
Attached for your review is an ordinance authorizing the
imposition of a fee for voluntary annexation petitions. After a
public hearing has been hold and thie ordinance is adopted, we
will prepare a simple ordinance establishing the fee3, Should you
have any questions.ralative to this matter, pleases advise.
DRAYOVITCH/
V
DAD: js
xc: Jeff Meyer, Director of Planning & Community Development
G. Chris Hartung, City Manager
Attachments
wn a
1O84L
I
NO.
All ORDINANCE AMENDING APPENDIX A•DENTON DEVELOPMENT CODE OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE
111POSITION OF FEES FOR SUBMITTING PETITIONS FOR VOLUNTARY ANNEX.
K'IONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EITECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS:
SECTION I.
A, Article 3.03 en t Code, of the Cods of Ordinances of Appendix enied
by adding a new subsection (f) to read as followat
Article 3.03. Annexation Policy
(f) Any pirson, firm or corporation who shall petition
the cty for annexation shall pay to the Department
of Planning and Community Development a fee in an
amount determined, and as from time to time attended,
by ordinance of the city council. The fee shall be
based upon the administrative expenses of the city in
reviewing such petitions. A copy of the ordinance
establishing the fees shall be maintained in the
Department of Planning and Community Development.
SECTION It.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this crdinance, or application thereof to any
arson or ctrcumstanca is held invalid byy any court of competent
gurisdiction, such holding shall not aElect the validity of the
remaLning portions of this ordinance, and the City Council of tht
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION 111.
That this ordinance shall become effective lmeedistely upon its
passage and approval.
PASSED AND APPROVED this the day of , 1485.
CITY Of DENTON9 TEXAS
AT TEST:
CRUMVITE ALLEN, CITY OF DENTON, TEXAS
APPROVED AS 'o LEGAL FORHi
DEJRA ADAMI ORAYOVITCH, CITY ATTORNEY
CUY OF DEN-M, TEXAS
ANNBXA110NS
1 9 8 5
Date Annexed Area An 9a xed LOCAtion o"_ Annexation Tin
85-151 July 1(, 1985 361.70 acres West of7F000164appeoxi of V
feet riocth
mately
Hercules
85-112 June 4, 1985 60.38 acres AdjacenReddicht a as(A of Edwards V
Road - -10)
85-111 June 4, 1985 42.35 acres Approximately 500 test IV
north of and perpendicular
to the centerline of US
Hwy 380 and west of Masch
Branch Road (A-15)
85-110 Jung 40 1965 93.67 acres 350 feet south of and IV
peependicular to the cen-
terline of US Hwy 380
east and east of c(eeslinq
Road (A-13)
85-109 June 4, 1985 136.58 acres eaetoxim t eloenterliet of IV
US Hwy 377 and south of
Brush Creek Road (A-11)
85-106 June 4, 1985 150 acreb iWest of Mayhill mately 4,000 feet north of 100 IV
I-35 and adjacent and north
of the MK&T RR - Hammett &
Nash & City (A-17)
85-105 June 4, 1985 34.60 acres Approximately
and y2SO feet V
perpendicular
to the centerline of FM
426 and approximately
2,000 feet east of Mayhili
Road - McDonnell (A-L )
8S-031 February 19, 1985 111.71 acres rWest oad, Of t-3Soforth service V
north Mareholl
Road and east of T & SF
RR - DeRonde (A-12)
85-030 February 19, 1985 130,55 acres SouthotfNRobinsRoadoad and V
Development Co. (A-10)
85-029 r .r, ,ary 19. 1985 5.70 acres Northeof of4Mway 380 West IV
and wst sch stanch
Road (A-9)
85-028 February 19, 1985 34.17 acres souuthweeestecornetcof Ryan-8) V
and s - At
V rlSint~ry Annexations
IV - Involw 2ty Annexations
0976)
a~~r,
FEE SCHEDULE
PLANNING 8 COMMUNITY DEVELOPMENT DEPARTMENT
City of Denton
Plat. less than 3 lots 1984.85
or less than S acres s US
Plats, other S 42S
Replats, less than 3 lots
or less than S acres 17S
Replats, other $ 850
Zoning changes, less
than 3 lots or less
than S acres $ S00
Zoning ch::ge, other S 6SO
Specific Use Permit 3 S00
Historic Landmark
Designation s 3S
Subdivision Ordinance
Variance S 100
CITY OP DENTON
"EMOUNDUM
DATE: March '!2, 1985
Tai Jeff !layer, Director of Planning
and Community Developsent
PRO": David E11i:on, Senior Planner
SUBJECT: ANNERATION PSE
It is my recommendation that a non-refundable fee be required for voluntary
petitions for annexation, This recommendation is based on factors such as the
following which hopefully illustrate the degree of time and Wort devoted to
the annexation process:
o Staff time applied to review, study, and processing of annexation petitions
is considerable. The annexation process itself spans a minimum three month
period.
o The Planning and Zoning Commission and City Council combined must consider
at least six separate agenda items per typical annexation case (plates see
attached annexation schedule),
o state statutory requirements genorate the need for several legal instruments.
Specifically, an ordinance setting the date, time and place for public hear-
ings, notices of two public hearings, an ordinance instituting annexation
proceedings, and an ordinance annexing the tract are drafted by the legal
department for each annexation case.
o A conservative estimate of publishing costs for an annexation:
Publish notice of minimum of two public hearings at ;15.00 each $ 90,00
Publish ordinance 80100
Two mailouts of notices and reply forms (stamps only) 3,Q
Estimated Totsl $173.00
o Time, effort and supplies involved in notifying departments and agono-iss of
newly annexed territory is noteworthy (plates see attached U st of those
notified of annexations),
Jeff Meyer '
March 22, 1985
Page 2
The City does benefit from voluntary annexation petitions in the sense that
controversjr is practically eliminated and greater land use control is provided
for areas formerly in the BTJ. However, once again, it is my feeling that the
time has come for petitioners to share in the cost of doing business.
0 Uj w)rn
David 81111on
Attachments
0148j '
ANNR><ATION NOTIFICATION LIST
The following individuals, departments/divisions, and/or agencies should be
provided with a copy of the approved ordinance and map upon annexation of new
territory by the City of Denton:
Director of Ftnan:e
Fire Chief
Chief of Polico
Director of Utilities
Assistant Director of Utilities, water/Wastewater Division
Assistant Director of Utilities, Electrical
Chief Building official
superintendent of Street Division (should be informed of any streets or
roads included In annexation)
Senior Administrative Assistant and Admintstrative Assistant, Public Works
Department
city Engineer
Traffic Engineer
Assistant city manager responsible for Public Works Department or
Director of Public Works
Solid Waste Department (alo.ib with a property owner list)
Denton County Judge
Denton County Tax Appraisal DEstrlct
Denton County Commissioners wtl.ose jurisdiction includes the City of Denton
County Plat Department (to the attention of Mr. John Robarts)
Ms. Joyce Roberts
Comptroller of Public Accounts
Revenue Accounting Division
P.O. Box 13528
Austin, TX 78711 (also need letter of certification from City Secretary)
Texas Department of Community 0fairs (annexation forms should be completed)
*Same notification procedures apply to disannexattons ~
07A8,~
r •
A-1l
ANNEXATION SCHEDULE
February 25, 1985 Suomit agenda item
February 26, 1985 Suomit aganda.back-up
*March 050 1985 City Council sets date, time and
place for public heating
March 06, 1985 Notice to Denton Record Chronicle
March 08, 1985 Publish notice and mailout
March 110 1985 Submit agenda item
March 12, 1985 Submit agenda back-up
*March 19, 1985 City Council holds public hearing
March 20, 1985 Notice to Denton Record Chronicle
march 22, 1985 Publish not!-.e and mailout
Marcn 25, 1985 Submit agenda item
March 26, 1985 Submit agenda back-up
*April 02, 1985 City Council nolds public ;gearing
April 15, 1985 Submit agenda item
April 16, 1985 Submit agenda beck-up
*April 23, 1985 Special called meeting of City
Council to institute annexation
proceedings
April 25, 1985 Ordinance to Denton Record
Chronicle
April 28, 1985 Publish ordinance
May 27, 1985 Submit agenda item
May 280 1985 Submit agenda back-up
*June 040 1985 Final action by City Council
*Denotos lotion by the City Council
0964g
P A Z Minutes
July 10,. 1985
Page 8
P. ORDINANCE AMENDING APPENDIX A - DENTON DEVELOPMENT CODE OF
IRS CUR! U 7 UKU1WANt:b5 41 e o en on, texas to pro-
o mpo on of fees fur submitting petitions
for voluntary annexations; providing a severability clau.",
and providing for an effective date.
STA°r REPORT: Mr. Ellison advised that on April 10, 1985
omm endorsed the concept of imposing Fees for volun-
tary annexations. He said ordinance is now presented for
approval, Oat staff is suggesting a fee of 3130.00 which
is one WE the minimum fee for tonlag changes. Ve con-
tinued that legal department has urg;-; that estubl'.shed
fee be as reasonable as pr,~sible in terms of cost. He
explained that staff has :ten getting slot of petitions
for voluntary anneKation and toning of Large parcels, that
he feels many are speculative. He said there is no great
detriment to the city to annex properties as )on8 as no
residents requiring service occupy the premises but there
are administrative costs in proceeding with the annexation
schedule.
IN FAVOR: None present.
i
OPPOSED: None present.
Public hearing closed.
DECISION: Mr, Claiborne commented he has mixed emotions,
that He feels $250.00 is reasonable for large parcels but
he his problems with the small p:sporty owner.
Hr, Juren commented that same costs would be involved in
large or small tracts, however, he is also concarled about
small developer. Ha moved to recommend a provai of ordi-
nance and accept staff's recommendation o~ $2SO.00 for
voluntary annexation of five acres r more, with no fee
for less than five acres. Seconded by 'Ir, Claiborne.
Mr. Ellison asked Mr. Mortis if that would create am
to al problems and Mr. Morris said probably not but he
didn't !:now haw breaking it down could be justified.
He said he would look at it further prior to the City
Council meeting.
Vote was called and motion carried unanimously (4.0).
IV. CONSIDIRATIONSi
A. PRELIMINARY PLAT OF THE DAVIS_EQUITY REALTY ADDITION,
tai-lo oc ,
STAFF REPORT: Mr, Ellison explained that tract is 7.4
acres located at the northeast corner of Highway 380 and
Gay Drt%e, oroperty is toned Qeneral retail and retail
develoE•+.ent is antlclpated. Development Review Committee
recommence appproval with condition that sanitary sewer
useage be limited to six toilets temporarily. On question,
he said dngineer representing developer sees no objection
to condition.
2 Y i s '.t y y T V Y M1
P 11 Z Minutes
April 10, 1985
Page 9
DECISION: Mr. Sidor moved to recommend a proval of
p~TTmlilfary plat of Life Tabernacle t,hurch Addition,
Lot 1, Block 1, subject to the following conditions:
1. Drainage improvements will be required.
2. Perimeter street paving will be required,
right-of-way to be addressed during final
platting stage.
Seconded by Mr. LaForte and unanimously carried (7.0).
B. PRELIMINARY REPLAT OF THE REDMAN ADDITION, Lot 18,
$Toc1 .
Mr. Juren left the meeting swing that he has a conflict of
interest.
STAFF REPORT: Ms. Carson stated this is a tract of
2.710-acres located north of Dallas Drive and east of
Willow Springs Drive; property is toned light industrial
and general retail, and a retail or office development
is anticipated. Purpose of the replat is to create one
lot. Development Review Committee is recommending denial
Sue to inadequate water supply.
Nr. Hagemann stated that Dallas Drive is a state highway,
that aster line is definitely needed and Eire hydrants
are needed at least every 100 feet.
PETITIONER: Charles Watkins, representing t'te owner,
Stited the would like to build an office building with
associated parking. He said a plat was previously
denied due to inadequate water line however, they feel
they have now met water and sewer line requirements.
DECISION: Mr. Sidor moved to recommend approval of
preTToTnary replat of the Redman Addition, Lot 18,
Block 2, subject to the following conditions:
1. That a 10" water line shall be extended from Willow
Springs along width of property on Dallas Drive.
1. That two fire hydrants shall tq placed on Dallas
Drive, location to be determined by Fire Marshall
at time of final plot.
Seconded by Mr. Pearson and unanimously carried (6-0).
Mr. Juren returned to the meeting.
C. ESTABLISHMENT OF A tEE for petitions for voluntary
anatxat o:
M-. Ellison advised that there is alot of work involved
on annexations and staff feels it is necessary to impose
a fee when , developer requests annexation..
It was moved t, r. L;.ForttI seconded by Ms. Cole, and
unanimously carried (7-0) to recommend to the City
L Council that a fee be imposed for voluntary annexations.
D. -&-E-T A DATE TIME AND PLACE for the discussion of
propose revision oson ng ordinance eliminating
residential uses from non-residential Alstricts.
Alter discussion, Commission scheduled a work session
for discussion of proposed revision of Bonin ordinance
for Flay 10 1985. et 7:00 p.m., in the Civil ordinance Room.
Mr. Ellison annou:ced that, NCTCOG will be holding a planning class
for Planning and Zoning Comulssioners in may.
Meeting adjourned at 10:OS p.m.
September 17, 198S
CITY COUNCIL AGENDA ITEM
iO: MAIOR AND AH-113ERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
"UB.IECT:
Conduct PUBLIC HEARING for Proposed Pro Rata Ordinance for
Lift Stations.
R E L(XIA h N DAT i ON
The Pu6ji c Utilities Board, at their meeting of July 17,
1985, recommended approval of subject ordinance, and the
Planning and Zoning Commission at their meeting of August
289 1985, also recommended approval of subject ordinance.
SUMA AR Y
The attached pro rata ordinance for lift stations is a new
section in the Code of Urdinances. The City has not
previously had an ordinance that specifically outlined the
details of how pro rata should be paid to developers
installing a new lift station where such station had extra
capacity.
This ordinance establishes that:
1. The City will establish the size of the facility,
Z. Pro rata may be paid to the Developer based on a
formula of actual cost per gallon of pumping capacity
to be used.
3. Standards are established for calculating any sewer
use by a household.
PRUGRA'45j_ UEPARTALWI'S UK GRUUPS AFfhC'1hD:
1Lentcn Municipal Utilities, citizens, Lity of Denton.
39U9U:1
+ kr
No fiscal. impact on City.
The developer will pay for initial facility. The City will
collect from future developers who tie on tt, the lift
station. The laity will pay back the original developer.
Prepared by: Res ct£ liy,
% /ZJ,
C. David Ham
Asst. Director of Utilities A-TZR-7SveFila--,pct ng City
Manager
App ved:
R `t a son
Director of Utilities
Exhibit 1- Proposed Ordinance
Minutes PUB Meeting of 7/17/85
Iiinutes P&Z Meeting of 8/28/85
3831U:4
1137L
r'
N0.
AN ORDINANCE OF THE CITY OF DENTOA, TEXAS k4V-DING THE SUBDIVISIO0
AND LAND DEVELOPMENT REGULATIONS (APPENDIX A) OF THE CODE OF
ORDINANCES TO PROVIDE FOR REQUIRED LOCAL LIFT STATIONS OR FORCE
MAINS '.'0 SERVE DEVELOPMENTS; PROVIDING FOR PRORATA REIMBURSEMENT
TO DEVELOPERS FOR THE COSTS THEREOF; PROVIDING FOR PRORATA CHARGES
FOR PERSONS CONNECTING TO OR USING SUCH FACILITIES; REPEALING THE
PROVISIONS OF CHAPTER 25 OF THE CODE OF ORDINANCES ON EXTEN61ONS
OF "`TER AND SEWER MAINS; PROVIDING FOP. A PENALTY FOR VIOLATIONS
THE-ZOF IN A MAXIMUM AMOUNT OF $200.00; PROVIDING FOR A
SEVFRABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF UENTON, TEXAS, HEREBY ORDAINS:
SECTION 1.
The.- !:title 4.09 (B)(1) of Chapter IV of Article III of tha
Subdivision and Land Developmert Regulations (Appendix A) of the
Ccle of Ordinarces is amended to read as follows:
(1) Development Maine and Facilities: Developers shall pay
the actual cost of all water and sewer mein extensions, lift
stations or other necessary facilities required to serve their
development, in accordance with the City's Master Utility Plan and
the provisions of this Code. A developer may appeal a
determination of the required facilities to the Planning ano
Coning Commission aftzr a recommendation is made by the Public
Utilities Board.
SECTION 11.
That Article 4.09 (B)(3) of Chapter IV of Article III u: the
Subdivision and Land Development Regulations (Appendix A) of thy:
Code of Ordinances is amended to read as follows:
(3) Pro Rata Reimbursement Due Developer: WhL a wirer or
sewer main c~•tensions, lift stations, force mains, or other
necessary water or sewer facilities are installed by developer,
the developer shall be entitled to reimbursement of the cost of
such facilities from prorsta chatges paid by persons connecting to
or making use of such facilities to serve their property, in
accordance with the provisions of this article. In no case,
however, shall developer receive reimbursement In excess of the
cost of the facilities.
- 'IF' 77
i
SECTION III.
That Article 4.99 of Chapter IV of Article III of the
1
Subdivision oi'd Land Development Regulations {Appendix A) of the
Code of Ordin4nces is amended by adding new paragraphs (G) and (H)
to read as f3llowsr
(G) Reimbursement for Lift Stations or Force Mainsi
(1) Anv '-.eloper io beirs the ccet of lift stations or
force mains to serve a development snail be entitled to
reimbursement for such costs from prorata connection or use
charges paid to the City, in accordance with this article, by 'any
person who makes use of such lift stations r=r f_ t ins within
twenty (20) years of the date such faciiirrea ..,f a.:ay a
City.
(2) The maximum reimbursaDle cool r: '-velopet oy
~r,. cytr, frcrr prorata charges collactc to
the facilities constructe-i , !,lied Upor; the
cost of providing capacity for tl;e i;.i. ne
requirements of the developer's property,
were installed, Bete unined d i.,, ,
COST1
;NCTT.2 x ECns
r,,st,ty
)tat. capo'-ity, irl ~.I of tie
F
' !q.p.m.), in excess of
ra.arvea c. ,mar's property.
(3) Reimbursement costs shall tie payable to developer within
thirty (30) days of receipt of prorata charges collected by the
City.
(4) Prior to the beginning of construction of any facilities
for which reimbursement is provided for herel.•s, a developer who is
eligible for reimbursement, shall enter into a prorats reimburse.
i
went agreement with the City. Tho agreement shall specify and
PAGE 2
j
,
descrioe the location and type of facilities the estimated cost
tnereuf: provide for the determination of actual reimbursable
cost: and contain such other provisions necessary to comply with
the pcovis$n>>s of tnL6 article and all other applicable
orainances, specifications or requirements of the City.
(N) Pcorata Cost Cnaraes for Use of Sanitary_ Sewer Lift
Stations or Force Mains .installed By Developers:
(1) Every 1 roon wno connects to, or makes use of, a sanitary
ewer lift station o force riin, the cost of whicn was incurred
by a developer and for which a pror.•ta reimbursement agreement has
peen entered into between the City and ch developer, shall, as a
condition to suer, connection or use, )r continued use, pay to the
,:Lty a procata cost charge cased upon the use of the excess
capacity of the facility, termined as follows
Avg. Uaily Flowl x 1.5 2 x N 3 x Rate4
14405
lAverage daily flow - the projected average da.ty sew-
age flow from each building, structure or particular land
use. For single family residential buildings the pro-
jected average daily sewage flow of 312.5 gallons per day
(g.p.d.) shall be used (based upon 2.1 persons pcr build-
ing X 125 g.p.d.) For other land uses, the projected
average daily sewage flows mall be base' upon the U. S.
Environmental Protection Agency's, or its successor
agency, most recent listing of a,;arag~: sewerage flows
for various land uses or facilities, or any other
national or state listing of such sewage flows
recognized in the utility industry, as determined
appropriate by the uirector o Utilities.
21.5 - ratio of peak flog to dveraye daily flow.
3N - number of buildings, structures, units or
particular land uses on which the projected average
daily sewage flows ace based.
4Rate - the gallon per minute (9-P.M.) cost of
providing the sewage capacity used, determined aq
follows:
total cost of facility
total capacity (9-P.M.)
$1440 - the minutes in a 24-hour day
PAGE 3
(2) The intent of this section (H) is to provide for an
equitable prorate charge to persons making use of lift stations or
force mains constructed under the provisions of this article,
based upon the average daily projected sewage flows and peak
sewage flows of particular buildings, structures and land uses.
In cases where the prorata charge calculated In accordance
with this section (H) would not be equitable, because the actual
average daily sewage flow or peak flow from a particular building,
structure or land use is much greater or smaller than the normal
projected average daily flow or peak flow on which such prorate
charge is based, the Director of Utilities may, based upon
evidence of such greater or smaller actual daily sewage flow or
peak :low, require a payment of a greater or smaller prorata
charge as a condition to the connection to, use oi, or continued
use of, a lift station or force main e!,ich is subject to a prorata
reimbursement agreement. Ir: such cases, the Director of Utilities
shall give written notice to such person required to make ouch
prorate payment of the basis for the actual prorata charge, ind
such person, may, within thirty (30) days thereafter, appeal such
determination to the public Utilities Bcard. The Board shall,
within a reasonable time t.,.reafter, mak a determination of the
actual prorata charge to be assessed and paid.
SECTION ;V.
That Article V ("Extehsion of Slater and Sewer Mains") of
Chapter 25 (Sections 25-74 to 25-79) of the "ode of Ordinances is
hereby repealed, said Article to be reserved for future use.
SECTION V.
Any person who shall violate a provision of this ordinance, or
fails to comply therewith or with any of :hb requirements thereof,
shall be guilty of a misdemeanor punishable by a fine not
exceeding Two Hundred Dollars ($200.00). Each such nerson shall
be deemed guilty of a separate offense for each rnd every day or
PAGE 4
portion thereof during which any violation _t this 1dinance is
committed, or continued, and u, n convir, i f an.i such
violations such person shall be put, tehe' Lm its ahove.
SECTION VI.
That if any section, subsecti)n, 1 -4gra t tcnce, clause,
phrase or word in this ordinance, t app- stirs thereof to any
person or circumstance is hell inv. t-y any court of coapetent
jurisdiction, such holding bnall n a affect thg, v, iilty of the
remaining portions of 00 s o,ciinance, and thv City _;ouncil of the
City of Denton, Texas, hereby dtc'r<es it d have enscter' such
remaining portions despit any -h i•valtdlty.
SECTION VII.
That this irdinanec >hall become effective ; urteen (14) days
from the k'are of its passage, and the City Secretory is hereby
directed to cau the caption of th ordinance t~ be published
twice in the P,„ntoii Recor9-(5,2,•nicle, the ofticial newspaper of
the CLty of Denton, T~xG,, within ten (10) days of the date of its
pnssa;ga.
PASSED AND AFFROVED this, the day of , 1985.
AICA?SP,tS 0:"~Al['[ ;~I'i"tit
;[TY 1)t,%DJI`N, TEXAS
"S1
MKOMALLEN, CITY A
CITY OF DENTOV, TEXAS i
APPROVED AS TO LEGAL FORM: li
DEBRA ADAMI DRAYOVITCil, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY;
i
PAGE 5
soil ri an,, rt toe Board to Nova forward on the
We I
We a study as soon as possible. The utility staff
management would recommend a Euls manHRement audit, rather than a
self-evaluation study.
Coomes thinks that there is a tremendous advantage to
conducting a self-evaluation study co jinated by a
consultant which would meet the charter ,rquicements. He
indicated that the City would save mop and the new City
Manager would have a document to draw if changes were
needed.
The Board asked John Thompsonl ect with an Invite in
management professor to a sper..ia
two week to discuss the proposed management study.
9. DISCUSSION OF RATE ISSUES.
Cryan presented this item to the Board indicating that he
anticipated a need for a two to five percent Incr^ase it
the Electric rate. The two percent increase would
probably affect industrial customers and the five percent
increase would affect residential customers. This increase
will help achieve equalization of cost allocation among
various customer classes so as to avoid subsidies by one
customer class to another.
Nelson indicated a water and wastewater rate increasa was
unlikely.
The Board expressed interest in giving discounts for prompt
payments.
10. CONSIDER NEW PkO.RATA ORD LIANA FOR LIFT STATIONS.
Nelson pres°nted this item to the Board.
Coomes made a motion to recommend to the City Council
approval of the new pro rata ordinance for lift stations.
Thompson seconded the motion. Motion carried.
11. UPDATE ON ECA.
Cryan presented this item to 0%e Board. ye recommended no
change in the energy cost adjustment. Revenue indicators
suggest cover the a excess electric energy revenues related expense. sufficient to
re
12. CONSIDER CHAN,3E ORDER /1 BIO 193554 8 MGD PUMPING UNIT AND
Nolsor presented this item to the Board.
r.
P b 2 Minutes
August 28, 1985
Page 12
D. AN ORDINANCE OF THE CITY OF DENTON TEXAS AMENDING THE
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS APPENDIX A)
OF TH3 CODE OF OXDINANGES to provide or required local
t stations or force mains to serve developments; pro-,
(UNAPPROVED) viding for prorata reimbursement to developers for the
costs thereof; providing for prorata charges for persons
connecting to or using such facilities= repealing the
provisions of Chapter 25 of the Code of Ordinances on
extensions of water and sewer mains; providing for a
for violations thereof in a maximum amount of
ppenalty
s200.GO; providing for a severability clause; and pro-
viding for an effective date.
STAFF REPORT: Mr. Ham asked Commission to approve a n•.w
pro-rata oRinance for lift stations. He said the ordi-
nance would authorize city to collect and return monies
to a developer who builds a lift station or force main
with extra capacity and other developers tie onto it.
He said this has been done in the past as a policy but
no ordinance exists. The ordinance would also repeal
Sections 25-74 to 25-79, Article V, of Chanter 25 which
refers to extensions of water and sewer mains. The Public
Utilities Board has recommended approval of the ordinance.
lie continued that this is a draft ordinance requiring minor
changes, that these changes will be made prior to City
Coracil action.
IN FAVOR: None present.
OPPOSED: None present.
Public hearing closed.
DECISION: Mr. Juren moved to recommend approval of an
or na►:ce of the City of Denton, Texas amending the Sub-
division and Land Development Regulations (Appendix A) of
the Code of Ordinances to provide for required local lift
stations or force mains to serve developments; providing
for prorata reimbursement to developers for the costs
thereof; providing for prorata charges for persons
connecting to or using such facilities; repealing the
provisions of Chapter. 25 of the Code of Ordinances on
extensions of water and seder mains; providin#; nor a
penalty for violations thereof in a maximum amount of
$200.00; providing for a severability clause; ane pro-
vidin; for an effective date. Seconded by Mr. Appleton
and uaantmously carried (6-0).
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES:
PROVIDING FOR THE ERPENDITURd OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHrRE.AS, the City has solicited, received and tabulated
competitive bids for the purchase of necessrry materials,
equipment, supplies or services in accordance 0.:n the procedures
of state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in tha City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$3,000; and
WHEREAS, Section 2.09 of the 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, 114E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the numbered items in the following numbered bids for
materials, equipment, supplies, or services, shown in the "Bid
Proposals" attached hereto, are hereby accepted and approved as
being the lowest responsible bids for such items:
BID NUMBER ITEM NO. VENDOR AMOUNT
9432A _ All Eiecto Corp. $ 8.664.00
9511 ..All _ Cyimins Supply $ 8.800.00
9514___ _ All _ Dr. Pepper 8ottlina Co. $11.975,00
9515 1 roldwattas of T Yap $ 6.672 nn
9515 2 Cherlcal_1-Turf Snaeialties $ 6.879.04
9516 All Motorola Communication $ 6,250.00
9517 All BCwie Industries, Inc. $ 4,624.00
9518 All WJ1 t am Su4Diy, Inc. $12,146.35
$
PAGE 1
y 1 l i 1' J 1 1 f'
SECTION II.
That by the acceptance and approval of the above numbae ed
items of the submitted bids, the City accepts the offer of the
persons submitting the bids for such items and agrees to purchase
the materials, equipment, supplies or services in accordance with
the terms, specifications, rtandards quantities and for the
specified sums contained in the Bid Invitations, Bid Proposals,
and related documents.
SECTION III.
That should the City and persons submitting approved and
accepted itee.a and of the submitted bide wish to enter into a
formal written agreement as a result of the acceptance, a-0proval,
and awarding of the bids, the City Manager or his designrted
representative is hereby Authorized to execute the written contract
which shall be attached hereto; provided that the written contract
is in accordance with the terms, conditions, specifications,
standards, quantities and specified sums contained in the Bid
Proposal and related bid documents herein approved and accepted,
SECTION IV.
That by the acceptance and approval of the above numbered
items of the submitted bids the City Council hereby authorizes the
expenditure of funds therefor in the amount and in accordance with
the approved bids or pursuant to a written contract made pursuant
thereto as authorized herein.
SECTION V.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVEi) this _ 17 day of Septemhnr 1985.
CITY CF DENTON; TEXAS
ATTEST:
CHARLOTTE ALLENO CITY SECRETARY
CITY OF DENTON# TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADhMi DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXA3
BY:
PACE 2
DATE: September 10, 1985
CITY COUNCII. PEP`)RT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 19432A MATERIAL HANDLING TRUCK BED
RECOMMENDATION: We re:omnend this bid be awarded to the E,jecto Corp, in
the amount of $8,664.00.
SU11MARY: This bid is for the purchase of an E3ecto truck bed. This unit
is designed to handle asphalt, chat screenings and sand for
application to streets and bridges. The truck to go under this bed
is currently in the motor pool.
The Council authorized the purchase of one of these units in
April of this year. The unit has been very successful and we
are requesting permission to purchase a second unit.
BACKGR~VND: tabulation Sheet - Ejerto Corp. has agreed to honor this April
bid (rice.
PROGPJ MS, DEPA:ITMENTS OR GROUPS AFFECTED:
Street Department/Motov Pool
FISCAL IMPACT: 1984-85 Budget Funds Account X1100-002-0031-9104
Street Department Capital Improvements Motor Pool Equipment
Resp tful sum ted:
Rick Svehla
Acting City Hans :,:r
Prepared by:
Nart -Tom D. Shaw, C.P.M.
Title: Assistant Purchasing Agent
Approved:
J. Marshall, C.P.M.
i t I Purchasing Agent
KID f
10 TITLE HATERML TRUCK BED
PENEDMarch 19. 1985 2 ,m. EJECTO
CORP.
cr?! IINT 0
ITElI DESCRIPTI02~ VENDOR VENDOR VENDOR VEN R VENDOR VENDOR VENDOR
1 Bull, Mate 1 1 Handling 8,664.00 j
Truck Bed - -
Delivery 30 Days
i
l~l~
Er DATE: September 17, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FRO14: Rick Svehla, Acting City Manager
SUBJECT: BID 09511 LOADBREAK ELBOWS
RECOKIENDATION: We recommend this bid be awarded to the lowest responsible
bidder of Cumnint ',upply in the amount of $22.00 each for
a total of $8,800.00 with delivery in 4-6 weeks.
SUNIARY: This bid is for the purchase of 15 KY Liadbreik Elbows for use
by the [le-Atric Distribution Departmep;t. This order is for
the replacement of warehouse stock and the quantity is estimated
to last 60 to 90 days.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Warehouse Inventory and Electric Distribution Dept.
FISCAL IMPACT: Working Capital Inventory Account 0710.OP4.0598-8108
Respe" ly sub fitted:
4 4
Rick Svehla
Acting City Manager
P aced by:
"ame: om aw, P.M.
Title: Assistant Purchasing Agent
Approved:
(F. Ma rs rid I I C', P. M.
;;t,el &E &A
Aurchasing Ag"nt
ley
LOADBREAK MOWS
TEMPLE ESCO UI-IHINS RIESTER RII L~SON E OLELINE
!PEN August 29. 1985 2 p.w... )AYlj lEC1RIC 'UPPLY
.000UNT II_
T' !mil - _VM0k E 9 V TWA V1;F~W _ ~R ~ 1ENDW- i~l:i~ VEN
JUA&Mk_EUOws
~MLa with T+St_P instianlb lnsitmald
.~_QrllvtrY - 4eers.- _
I t mat 2L Q4._ ? V.50
Hfa. without Wfin iL_ lastlmgld- RTE GE
T- ki__ }lssks~ U
It rnat 21.50 19.50 •8 L--- 8.70
f w ackburn lackburn GE ackburo
idiverv 9jeeks 5 Days 14 Weeks 11 Weeks 40 Days 10 Days 1t inet 13 1.50
Joslyn
Qellverj _ 0.12 Wks
i
DATE: September 17; 1986
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 19514 SOFT DkINKS FOR THE 1986 BUIGET YEAR
RECOMMENDATION: We recommend this bid be awarded to the low bidder,
Dr. Pepper Bottling Co., at the estimated total of $11,975.0u.
I SU194ARY: This bid is for the purchase of soft drinks for the Parks A
I Recreation Department for sale during the 1986 Budget Year.
We received only two bids as in the past. We estimated the
purchase quantity and find that Dr. Pepper is the low bidder
by item and on the estimated total.
BACKGROUND: Tabulation Sheet
PROGRAFi.S, DEPARTMENTS OR GROUPS AFFECTED:
Parks A Recreation Department
FISCAL IMPACT:. There 011 be no additional impact on the General Fund.
Res ectf l y su i tuf?j~Xd0..
Rick Svehla
Acting City fianager
Prepared by:
Jo n J. Marshall, C.P.M.
T tle: purchasing Agent a
Approved:
T 1e. J. Marshall, C.P.M.
urchasing Agent
a y514
BID SOFT DRINKS
DR. PEPPER COCA COLA
OPEN Seo'em5er 10._1985 METROPLEX BOTTLING
ACCOUNT # '
4 QTY. ITEM DESCRIPTION VENDOR VENDOR--VENDOR VENiVR VENDOR VENDOR VENDOR
1 30M 12 oz. Ca!j Drinks 5.65 cs 6.00 cs.
2 I Rental on Vending Machines NC NC
3 150 Pre-Mix Canisters 7.00 7.00
18. 46T
4 150 Post-Mix Canisters 22.20 Coke 7-Up 22.30
5 30 CS Cups 12 oz 2500 o r •tise 27.25 50.50
6 1 _ Post-Mix Vending Unit In Trailer NC NC
Total Cost on Estimated uantiti s 11 915.00 13 410.00
Deliver 1 Da 2 DA
DATE: September 17, 1985
CITY COUNCIL REPORT
TO: Mayor and members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 09515 MOWER & OFFROAD VEHICLE
RECOMMENDATION:. We recomr~rend this bid be awarded as listed:
Item 1 - Riding Mower to the lowest bidder, Goldwaites, in the amount of
$6447.00 plus 5175.00 for an air ride seat.
Item 2 - Off Road Vehicle to the loviest bidder meeting specification of
Chemical and Turf in the amount of $6879.00.
SUMIUIRY: This bid is for the purchase of a 52" cut riding mower for
the Parks Department and an off road vehicle also for the
Parks Department. Both vehicles will be used in the
maintenance of the parks and right of ways.
The lower bid offered by Goldwaites does not have the
engine size, handling capacity or Dumpers as requested.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Parks 6 Recreation Department b Motor Pool
FISCAL IMPACT: Budget Funds Account 1100-003-0064-9196
Re ally s 'pitted:
Rick Svehla
Acting City Manager
P ared by:
L yy,
Name: Tom 0. Shaw, C.P.M.
Title: Assistant Purchasing Age-it
Approved:
k~'Q' "
o n J Marshall, C.P.M.
l itle.- Purchasing AgFnt
T_ 7J~a
BID 140WER 6 OFF ROAD V H1 iF,
OPENS WATS0H COLONIAL GOLDWAITES DENTEX CHE141CAL GOLOWAITE '
~.S=,~y 10ber 10. 1985 p_= DIST. MOTORS OF TEXAS FORD 8 TURF
ACCOUNT # OF TEXAS
SPECIAL.
QTY ITEM DESCRIPTII)N VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
I I Rotary Riding Mower 6680.00 7100.00 6591.00 12195.00
6441.00 A ternate
4595.00 A ternate
W Q~
2a Optional Deluxe Seat 200.00 175.00 279.00
-
i s rx c ='b ' P 7s r---Fµ
DATE: September 17, 1985
CITY COUNCIL REPORT
TO: Mayor and Members jF the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 095146 RADIO CONSOLE
RECOMF€NDATION: We recommend this bid be awarded to the single bidder,
Motorola Comminications, in the amount of $6,250.00 with
delivery in 10 days.
SU144ARY: This bid is for the purchas: of an 8 channel console radio
for installation at the Service Center. Central Dispatching
will eventually be relocated from the basement of City Hall
to the Service Center Complex.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Central Dispatching
FISCAL IMPACT: 1984-85 Budget Funds Account 0610-008-0253-9227
Electyl c Metering and Substation Radio Equipment
Re ect ully s fitted:
Rick Svehla
Acting City Manager
Pr pared by:
game: om Shaw,
Title: Assistant Purchasing Agent
Approved:
ai- h J. Marshall/-C.P.M.
1 10 Purchasing Agent
BID - 951fi
BID RADIO CONSOLS:
OPEN September 10, 1985 2 p.m. _ GENERAL 40TOROLA
ELECTRIC
ACCOUNT i
QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
1 1 8 Channel Control Console No Bid,250.00
Delivery 70 Days
A.: v w 1, f C, ! i ....-X rra Cp M"~ CY nn .y ! Y.~.
VT 11.
DATE: September 17, 1985
CITY COUNCII, REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 19517 BOOM SPRAYER
RECOMMENDATION: We recommend this bid be awarded to the lowest and best
Avaluated bidder, Bowie Industries, Inc. for the alternate
bid of $4,624.00.
WIVARY: This bid was sent to several prospective vendors. We
received four bids and three alternate bids. After careful
evaluation with the Parks Department, we find the best buy
is the alternate bid from Bowie Industries at $4,621.00.
This bid also includes a 150 gallon tank rather than a
100 gallon tank.
BACKGROUND: Tabulation Sheet
1
PROGRAMS, DrPARTMENTS OR GROUPS AFFECTED:
Parks b Recreation Department
FISCAL IMPU : There is no 'Impact on the General Fund.
Respe ully submitted:
ic. Sv h a
Acting City Manager
Pre ared by.
ame:r- Tom . Shaw, C.P.M.
Title: Assistant Purchasing Agent
Approved:
a 0 n J. Marshal , C.P,M.
f Tit?e~ Purchasing Agent
SID BOOK SPRAYER
I
B,JWIE B&G COLONIAL WATSON
OPEN September 10, 1985 2 -p.m. {ND. COMPANY MOTORS
ACCOUNT i `
ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
4999.75 -4880.00 -Trailer Mounted Boom 5,prayer
640. -
_
Delivery 30 30 30
1 1 _ Alternate 4624,00 5029.24 3340,00
w/150 Gal
Tank
L .-I
-TTr
DATE: September 179 1985
CITY COUNCIL REPORT
TO: Mayor and :embers of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID #9518 IRRIGATION SUPPLIES
RECOMMENDATION: We recommend this bid be awarded to the low and only bidder
for this project, Wickham Supply, Inc. of Irving, Texas, at
a total of $12,146.35.
SUHWIRT: This bid was sent to four known venders for this type supplies.
We received two replies, one no bid and the other from Wickham.
The price bid, based on our last bid purchase, was about what
we estimated the cost to be.
BACKGROUND: Tabulation Sheet
Memo from Parks Department
PROGRAMS, DEPARTMENTS OR GROUPS AFFEC",ED:
Parks 6 Recreation Department
FISCAL IMPACT: There is no additional impact on the General Fund.
Res ct ly sub fitted:
Rick Svehla
Acting City Manager
P+•epa red by:
J. n Marsha-11";:P.M,
O i
•
it Purchasing Agent
Approved:
Tit h d. Harshall, C,P.M.
Purchasing Agent
+ 74au
BID IRRIe%TION SUPPLIES DENTEX OPE:iSeptember 10, 1985 2 p.m. SUPPLY wICKHAM
ACCOUNT i
1 OTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR _
1 Section I No Bid 1539.00
2 1 Section II 3263.10
1 Section 111 4989.25
4 1 Section IV 2355.00
Total Sections I-IV 12146.35
i
NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCOR-
DANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, stare law requites that certain coatracts requiring
an expenditure or payment by the City in an amount exceeding $5,000
be by competitive bids, exespt in the case of public calamity
where it beromes necessary to act at once to appropriate money to
relieve the necessity of the citizens, or to preserve the property
of the city, or f.t is necessary to protect the public health of the
citizens of thsi city, or in case of unforeseen damage to public
property, machinery or equipment; and
WHEREAS, Section 2.36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$3,000; and
WHEREAS, Section 2.09 of the City Charter requires that every
act of the council providia; 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 City Council hereby determines that there is a public
calamity that makes it necessary to act at once to appropriate
money to relieve the necessity of the citizens, or to preserve the
property of the city, or to protect the public health of the
citizens of the city, or to provide for unforseea damage to public
property, machinery or equipment, and by reason thereof, the
following ewergoncy purchases of materials, equipment, supplies or
services, as described in the "Purchase Orders' attached hereto,
are hereby approved:
PURCHASE
ORDER NLM6ER VENDOR AMOUNT
6461,1Kinow _ the s A„Q5n M
6OA22 TeAltoy sA letprlatak M OU M
69831 _ Chico Crushed Stone
PAGE 1 _
SECTION II.
That because of such emergency, the City Manager or designated
employee is hereby authorized to purchase the materials, equipment,
supplies or services as described in the attached' Purchase Orders
and to make payment therefore in the amounts therein stated, such
emergency purchases being in accordance with the provisions of
state law exempting such purchases by the City from thu require-
ments of competitive bids.
SECTION III.
That this ordinance shall becoma effective immediately upon
its passage and approval.
PASSED AND APPROVED this the 1: day of September , 1985.
RICKARD 0. STEWART, FM
CITY OF DENTON, TEXAS
ATTEST:
CW-LOTTE , CITY 9ECRETARY
CITY OF DENTONO TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PAGE 2
. DATE: September 17, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: PURCHASE ORDER 069619 KINEMA, INC. $6,950.00
RECOMMENDATION: We recommend this emergency purchase order to Kinema, Inc.
for the purchase of air jets for repairs of the steam turbine
at the Electric Power Plant for $6,950.00 be approved.
SUWMARY: This purchase is a specialty item and is made only for
these turbine parts. We have had a hard time finding
someone to even make these special duplicate parts.
BACKGROUND: Piirchase Order Copy, Proposal
Department & Divisinn Recommendations
PROGRAMS. DEPARTIIE➢ITS OR GROUPS AFFECTED:
Electric Production Utility Department
FISCAL IMPACT: Repair 6 Maintenance Utility Fund Account 0610-008-0251-8339
There is no additiorial impact on the General Fund.
Resp fu y submitted:
Rick Svehla
Acting City Manager
Prepared Ly:
e: ohn J, Marshall.
itle Purchasing Agent
Approved:
r
" L ~llL r_
k hn J. Marshall, C.PX
itl : Purchasing Agent
901-B TEXAS STREET PURCHASE ORDER DENTON, Tx 76201
P. O. NUMBER DATE /VENDOR NO. DOCUMENT TYf
49619 08/27/65 COS
KIN44001
VENDOR SHIP TO;
K.1 NERA INC. ELECTRIC PRODIUCT ION
ATTN: GERALD SYLVESTER CONPIRNATION ONLY
P9O• BOX 176 00 NOT DUPLICATE
ELY2ABETN9 PA 18037
ITEM ACCOUNT NUMBER UNITS HUMBER DESCRIPTION BID NO. LINE AMOUN
41 610 008 0251:8339 E314 2 4J-SPL FOR ELLIOTT 41A JETS 49460,01
02 610 008 0251 8339 E314 2 1•S-SPL 29400.0+
03 610 008 0251;8339 E314 1 FREIGHT P.P. AND DEL EST 10000
rho City of Denton, Texas is tar exempt • House Bill No. 20. TOTAL FOR P.U. 60600+
:o~ rence P. 0, Number on all B/L, Shipments and Invoices.
Shipments are F. 0. B. City of Denton, or as Indicated. By ,ty[.s~
Send Invoices TO. Direct Inquiries TO;
City of Denton, Accounts Paya9le John J. Marshall, P.M. Purchasing Agent
215 E. McKinney St., Denton, TX 76201 Tom 0. Shaw, C. P. N, Asst fuo-4:ksing Agent
(or as Indicated on Purchase Order) 817/566.3311 D/FW Metro 20.0042
The City of Denton Is an equal opportunlty employer
,
CITY Or DENTON
uYiL~~sa M E K G R A N D U K
rr rrr rw r r r rrr1..~r r r rwrr w rrr.~.rrrrrrrr r rr rw rrrr rrrrHw.r.r rrr,~ rrrrrrrrwr.~r.rrw+~.r
Ti Jahn Marshall, Purchasing Agent
FFOMS Tom Chastain, Superintendent, Electric Production
DITEt August 26, 1985
SUNJECT: Unit 02 Air Ejectors
The attached purchase request is to raplace an obsolete
condenser air ejector on the No. 2 turbine. Parts are
no longer available] the company is out of business.
One half of the air ejector does not work now.
We found that Kinema Inc. will duplicate the old
Elliott jets. The new jets will fit on the existing '
condensing part of the old Elliott air ejectors.
We need to order tha new jets as an emergency purchase.
if the other half of the air ejector fails, the unit
will be out of service.
TT m ainp Superintendent
Electric Production Division
Tc/bj
Attachments
1
I
1 ry r d' 1..: F't'..: y, •~-f ~ ,!;I f,N ,z~`A'.
J.I .1 :rilI,.E : 41 Jr a
P. C. Box 1;p EozibtWi PA 15037 VJ7-JT='N
Phone (412) 384-3310 Telex No. 709931 Y L I i Ii; 40,
August 23, 1985
City of Denton, Texas
Electric Production Division
1701 Spencer Rd.
Denton, TX 76205
Attention: Mr. Samuel R. Fleming
SUBJECT: Kinema Quote PE85-019
Dear Sir:
Attached is our ejector specification sheet describing the system as
outlined in the data forwarded with your letter of August the 20th, 1985.
Based on the data and drawings in the letter we do not fEel that we would
have any problems in providing you with complete replacement ejector Stages
which would be both a performance and a dimensional unit of the existing
Elliott equipment. Each ejector would be supplied with a relief valve mounted
on the auction chamber of the jet. /
Th'Ca'd I iZcsste!°tlexali• f'" S Z9
R Z; ~3~~dtt:'!f~"ttaly' c et~iHtaf'dl?~`, . 'E j,~., k~
Since the data accompanying your letter indicates there were two duplicate
systems, that means a total of four first staga ejectors and four second
stage ejectors. Should you purchase a quantity of four units we would offer
a 5% deduct from the above quoted prices based on quantity discount.
The prices shown above are FOS Elizabeth, PA.
The ejectors would be performance tested in our shop prior to shipment
to verify the required performance.
Should you place an order with us we would promptly send you an outline
drawing of each of the ejector stages with the dimensions we feel necessary
to match the existing Elliott equipment. We would ask that you take these
drawings and coaXnre them to tha units in the field to assure us that our
assumptions based on the drawings sent us are correct. This verification
may be necesaM in the area of the steam inlet connection of the second
stage jet stv.6 the dimension from the centerline of the unit to the face
of that steam inlet connection is not listed on any of the drawings.
a
nG ! kiR r 9~Y t v i .i r~ 7 +y l az'~ . "
t I
2
If you have any questions or if you need any further information
to evaluate this proposals please do not hesitate to contact us.
Very truly yours,
Gerald W. Sylvester
GwS/das
Enclosure
cc/PE
I
Form 40D0
of inc,
141nema,
_ EJECTOR SPECIFICATION SHEET
PuRCNASER C~Ty _ OF bOIT90" TA 1NOUIRY NO. _ OROER NO.
A001E81 ~ • SPEC. NO. _ S/N _
USER ITEM NO, QUOTE NO.
AOORBSS Y N0. OP UNITS REVISION NO, _
TYPE OF SERVICE Of UNIT F` ) P I jA DATE - t`-Y
UNIT DESIONATION 00q - - 0 $ V'lIGHT OF UNIT
TYPE OF UNIT NO. 07 STAGES ❑ SINGL- ELEMENT MULTIPLE ELEMENTS - NO.
0 NON-CONDENSINO TYPE CONDENSING TYPE N EACH ELEMENT 100%CAPACITY
❑ AFTIFUCONOENSIR ❑ BAROMETRIC TYPE Q ELEMENTS CAPACITY
0 BAROMETRIC TYPE EJRFACE TYPE
G IURPACE TYPE APTER-CONDENSER
OfERATING CONDITIONS
MOTIVE FLUID/SMOTIVE CHEAT MAX. DESIGN PRE/S~SUREUR wV►SI PSG
MOTIVE CHEST MAX, DESIGN TEMP. 'FTT
CONDENSING WATER MAXIMUM TEMP. -1LL'F MINIMUM TEMP. __'F MAX, PRESS, _ PSIO
SUCTION PRESSURE MEASURED AT SUCTION INLET - __L_ (IN, -1rR. HO ABSOLU781 (pow
DISCHARGE PRESSURE MEASURED AT OISCHAROE OF FINAL STAGE IIN. -AM HO ABSOLUTE) INOM
SJECTO:i TO BE OESIONEO FOR STABILITY AT SHUT.OfF - IYES-NO)
NORMAL BAROMETRIC PRESSURE AT INSTALLATION SITE - IIN, - MM. HO ABSOLUTE) IPSIAI
CAPACITY FOR ONE UNIT
ENTRAINED OAS TOTAL - L8/h12, AVO, MOL. WT --TEMP. F
CONSISTING OF -_Yl iLB/h AIR MOL. WT, 7B At l LS/h STEAM MCL. WT._ 18
LB/h MOL. WT. - LB/h MOL. "(I.
LB/h MOL. Al. LB/h MOL. WT.
EVACUATION REOUIREMENT OF ANY) - TO EVACUATE A U., FT. SYSTEM FILLED WITH - (OASI AT A
TEMPERATURE Of OF, FROM AN INITIAL PRESSURE Of r.__._`fIN.MM, HO ABSOLUTE) IPSIAI TO A
FINAL PAESSURE Or _ IIN. MM. HO ABSOLUTE, (PSIA) IN MINUTES' WITH_ LS/h MAX. AIR
IN LEAKAGE DURING EVACUATION.
EJECTOR STAGES W
MATERIALS 0FCONSTRUCTION
SIZE OR MOTIVE DRAWING MOTIVE motive SUCTION ~Y
STAGE MOO EL NO. L81h NUMBER CHEST INLETSIZE NOZZLE CHAMBER DIFFUSER
FIRST `7 ! S~7 LJ~.Q. -Sc
SECOND r__l1ls ! 5 0- S T- L R 0 .LIST L
THIRD
F_O_URTH
FIFTH
SIXTH
TOTAL MOTIVE FLUID DIFFUSER STEAM JACKETS ON STAGES ON - FIRST-SECOND - THIRD
CONDENSERS _
MATERIALS OF CONSTRUCTION _
WATER IIISE DRAWING ISAROMETRICTYPEONLY)
SIZE GPM OF NUMBER SHELL TRAY NQ ~4~_
PRE CONDENSER
FIRST INTER CONDENSER
-AND~I
(BETWEEN STAGES
SECOND INTER CONDENSER
ISEtWEEN STAGER ANO )
AATER CONOENSEq
_ REL16F VALvf aN EACH SrA&f
REMARKS- P L i L 0. L~1~
77 7 , t t .,t .r •r.' 7. 7 7
r 77 `77
7-7
DATE: Septerber 119 1985
CITY COUNCIL REPORT
Mayor and Members of the City Council
FROM; Rick Svehla, Acting City Manager
SUBJECT: PURCHASE ORDER #69823 TEASLEY ROAD ASSOCIATES
RECOMMENDATION: We recommend this purchase order for the participation be
approved In the amount of $20,938.50. This request has
also been received by the Engineering Department.
SU144ARY: We have checked these prices and find them to be in line
with previously received bids for like street construction.
We have also checked the quantities with our Inspection
Department. We find these correct. Therefore, we are
recommending this purchase for participation be approved.
BACKGROUND: Request for participation by Mr. J.V. Strange
Letter from Bryan Burke
Purchase Order Reg st from Jerry Clark
PROGRAMS, DEPARTMENTS OR GROUPS AFFC~ED:
Street Department
FISCAL IMPACT: 1984-85 Budget Account #100-002.0033-9105
There is no additional impact on the General Fund.
Resp Wu tte®®d~~:
Rick Svehla
Acting City Manager
Prepared by:
~-14 a-z
N el: J J. Marshall, C.P.
le;, urchasing Agent
/ Approved:
;6ng arshall, C.P.H.
1XAgent
901•B TEXAS STREET ■`/I PURCHAS8 ORDER DENTON, TX 26201
P. 08 NUMBER____]
DATE OxE %O[ 0. pV8L12-7r'UTM TYF
6923 TEA47001
VEND SHIP TO:
Tc:A', Y ROAD ASSOCIATES
Pone 80X 117
GCNT0N9 TX 76202
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN
01 100 002 0033 9105 1034 SY L114E STABILAZATION 29326.5
02 100 002 0033 9105 1034 SY.6"ASPHALT PAVEN;hT 119632.a
03 130 G02 0033 9105 3102 SY 1"ASPHALT EXTRA DEPTH 6997996
14 100 002 0033 9105 PARTICIPATION-PEN14$YLVANIA AVE
City of Denton, Texas is tax exempt - Hose 8I11 No. 20. TOTAL FOR P*0* 209938.5
once P. 0. Number on al l 8 / L, Shipments and Invoices.
,hipments are F. 0. B. City of Denton, or as indicated. By f~~tf,lC
Send Invoices TO: Direct Inquiries TO:
City of Denton, Ac -ounts Payable John J. MarOalt, C. P.M. Purchasing Agent
215 E. McKinney St., nenton, TX 767.^1 Tom D. Shaw, C. P. M. Asst. Purchasing Agent
(or as Indicated on Purchase Order) 817/566.8311 D/FW Metro 267.0042
The City of Denton Is in equal opportunity employer
r 4•
J
Teasley Road Associates
P.O. Box 117
Denton. 'texas 76202
(817) 383.1520
I
i
i
i
August 19, 1985
Mr. Jerry Clark, P. E.
City Engineer, City of Denton
Municipal Building
Denton, Texas 76201
Dear Jerry:
In response to your telephone call today, we would
request that participation funds for the extension
of the thorougfare at JVS Addition, Denton, Texas,
known as Pennsylvania Drive, be mailed to the
following corporation and address:
Teasley Road Associates
P. 0. Box 117
Denton, Texas 76202
Thank you for your assistance.
Very truly yours,
'i~,,",~i~ tits r a
z~ .
J. strange AUG 21 19~
r
JVS:gws PURL Of E~fP!urno
HA&A
ti
a
S
a 'P
8r.6e Engineering
417 s. locust #105
Benton, texos 76201 aeius
817-566-3714 LORD
civil engineers
brion burke, p.e.
19 ,111:! TU. ; pablo rublo
tor. John I<irsholl
Purchr.sinj; Director
City of ~.kl,iton, 'T'exas
RE: 1'ennsp1vnnia. Dri.ve Paving
Dear dr. Jarshall:
I have itemized the paving quantities for the extra-width paving on Pennoyl-
vanin Drivo in the JVS Addition, Section One. Additionally, I have enclosed
copies of the bids from all contractors who submitted them for this project.
The street is 44' wide from back-of-curb to back-of-curb, and 930.50' long.
The quantities listed are for a 10' wide section for the entire length of
the street, plus tho extra 1 inch thickness of asphalt for the remainder.
1. lime-stabilized subgrade: 1,034 sq.yds. @ $2.25 . $2,326.50
2. 6 inch asphalt pavement over 10': 1,034 sq.yds. Q $11.25 w 11,632.50
3. 1 inch asphalt on 930.50' x 30': 30102 sq.yda. 0 $2.25 6,979.50
Total • $ 20,938.50
I hope this Information is adequate for evaluating the City participation
anv)unt on Pennsylvania Drive. Please contact a.e if you need additionnl
inform7tlon.
Respectfully, :
Brian But!,,-
cc: Air. I.,rry Clark, P.L.
e r r r
a~~t prod Le to .4a*4
TMd Gotdolxad /o„ Minn EX11U CO". Aotain y~ M+d 2"Iw0d cW*G it YOW ;O to k6"" t z _ ropes. bond o"(Wod OW N;6 blW%wanb 8 dlftAlll
Speed Letter.
To ~SQ~1^ rhPr~t~Q From
iubject c
Mr 1 6 IO POLO
MESSAGE
46
~s~ T~ cam- v~,..~
' 1
IF QjI
Date b' lq Signed
,
'r~ f tai l'~I ~ ,UIi`r' ~ ~+1 r. r. ~ ,S a. r,:. st i1 ' y d
(I i` , , , !N` . , r r v
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1 ,
W DATE: September 17, 1985
CITY. COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: PURCHASE ORDER #69831 CHICO CRUSHED STONE
RECOIKNDATION: We recommend this purchase order in the amount of $5,160.00
to Chico Crushed Stone be approved.
SU144IRY: This emergency purchase order is for the purchase of 500 tons
of gabeon stone (rock about the size of a basketball) to be used
to line the drainage ditches on Headiee Lane near the Good
Samaritan Village. This work must be done during a dry period
of time to allow workers and equipment access to the drainage
area.
BACKGROUND: Purchase Order #69831
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Street Department Drainage Project
FISCAL IMPACT: 1904-85 Budge Funds Account #100.002-0032-8303
Resp tfu y su tteed:
Rick Svehla
Acting City lianager
Pr red by:
ma Tom D. Shaw, C.P.M.
Title: Assistant Purchasing Agent
Approved:
Tit Ao n J. Marshall, C.P.M.
Purchasing Agent
901.8 TEXAS STREET PURCHASE ODER DENTON, TX 76401
P. O. NUMBER DATE,/ 75ND gO- STftF.LTSUMENT TY
CH149000
VENDOR SHIP TO;
COICO CRUSHED STONE
rs*Co aOX 365
URIDGEPORT9 TX 76026
REVISED
a44NOTE: THIS PURCHASE ORDER sUPERSEDES P+O.N 69831 SENT 00-03-85
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN
iji 100 002 0032 8303 500 T CRUSHED GASEON STONE 5916000
The, City of Denton, Texas Is tax exempt • House BIII No. 20. TOTAL FOR P•O. 8916000 1
reference P, 0. Number on all B/L, Ship-rents and Invoices.
.Woments are F. 0. B. City or Denton, or as Indicated. By
Send Invoices TO: Direct Inquiries TO:
City of Denton, Accounts Payable John J. Marshall, C. P.M. Purchasing Agent
215 E. McXlntiy St,, Denton, TX 76201 Tom D. Shaw, C. P. M. Asst. Purchasing Agent i
for as Indicated on Purchase Order) 817/5668311 D/FW Metro 261.004:
The City of Denton is an equal opportunity employer
{
1
. '1148b
~J r ~ r
NO.
AN ORDINsICE AMENDING SECTION 1-5 OF CHAPTER I OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS BY RAISING THE MAXIMUM
FINE TO $1,00 FOR A VIOLATION OF THOSE CODE PROVISIONS WHICH
GOVERN FIRE SAFETYr ZONING AND PUBLIC HEALTH AND SANITATION1
PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SECTION I.
That Section 1-5 of Chapter a 'General Provisions) of the Code
of Ordinances of the City of Denton, Texas, is nereby amended to
read as followas
"Sec. 1-5. General Penalty
Q) Where no specific penalty is provided for a viola-
tion of a provision of this code or any ordinance,
rU.e, or regulation of the ,.ity, the violation is
punishaole by a fines
(1) not to exceed S2UO.00
(2) not to exceed $1,000.00 if the provision vio-
lated governs fire safety, con, g, or i,ublic
health and sanitation, excluding vegetation and
litter violationsi or
(l) fixed by state law if the violation is one f it
which the state has fixed a fine.
(b) A person violating a provision of this code or other
ordinance, rule or regulation of trvn city is guilty
of a separate offense for each say or part of a day
during whicn the violation is committed, continued,
or permitted, unless otherwise provided."
SECTION II.
That the provisions of *hie or inance apply only to offenses
committed on or after the effective Gate of this ordinance'
Offenses committed before the effective date of this ordinance
are subject to the fvrmer penalty of a fine not to exceed Two
Hundred Dollars (:200.00).
ECTION III.
That the Code of Ordinances, as amended, shall remain in
full force and effect, save and except as amended by this
ordinance.
PAGM 1
1
SECTION IV.
Tnat this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record•Chronicle# the official
newspaper of the City of Denton, Texas$ within ten (10) days of
the date of its passage.
PASSED AND APPROVED this the day of , 1985.
RI RD . ST W R MAYOR
CITY OF DENTON, TEXAS
ATU S T i
CHARLOTTE AL EN, CITY SECROPMA
CITY OF DENTONt TEXAS
APPROVED AS TO LEGAL FORMI
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON* TEXAS
By l
ltrQlJ /t ~ ~ it
i
PAGE 2
LEGAL DEPARTMENT
MEMORANDUM
Debra Adaml Drayovitch, City Attorney
Joe D. Morris, Assistant City Attorney
RODert B. Bunter, Assistant City Attorney
TOt Honorable Mayor & Members of the City Council
FROMo Debra A. Drayovitch, City Attorney
SUBJECT: Ordinances raising maximum fines to $1,000
DATES September o, 1985
As you may recall, on several occasions we have discussed the State law
amendments which authorize the City Council to raise the maximum fines
from $200 to $1,000 for violations of City ordinances governing fire
safety, zoning, public health and sanitation. See f.rt. 1011 and 1194,
Tex.Civ.Stat. (Vernon 1983). During the 69th Legislative Session, the
State Legislature amended this statute to allow City Councils to
increase the maximum fines for dumping of refuse and weed and litter
violations. A copy of the law is attached.
At your direction, I have prepared for your consideration ordinances
amending the Fire Chapter, the Garbage Chapter and the General Pro-
visions Chapter of the City Code to allow the Municipal Judge to levy
fines of up to $1,000 for violations of those ordinances. I would
note that, in all lixelihoodi it will only be on very rare occasions
that "a fine would exceed $200. In my past experience, the Municipal
Judge would assess such a high, fine only if there was a drastic viola-
tion which could enianger health or property, i.e. a violation of the
pollution control ordinances where raw sewage was being dumped into a
stream. Indied, though the law presently allows a $200 fine, the
normal fines are from $25 to $100. However, I feel that the authority
to levy a higher fine where a continual wilful and/or dangerous viola-
tion exists may curtail repeated violations. Should you have any
questions relative to this matterr please advise.
Respectfully submitted,
0
.AA,m '14 1 -V j 'd )top
R O
DEB DRANO'
DAD:js
xct Rick Svehl3, Acting City Manager
Camilla X.11nerr Municipal Judge
Attachments
r`
' 1 + ~ { C1t 328 wu,
1 Lx1 I -ATUR9 R&Gtj
WR 86$SION
"'IT 040M ST TU LZGfSZATt!>t,,e OT Tu STATZ Ol, lt7lAl.
St"JoM le $Getlon 11.07 (a
!renal Coda, a =jt
follows, "un~ta roN (a1 A person Iareegeet•ferrehar e
oedu
effease d-vt~r•er•esarleted-ef.
I i ! ea•mite as ellena• it he eseape V eeeefi
s from custody titla
e
of of
121 in erdin
;
z! 11, C Pant
StCT10N 7. This Act takes ett"% ie
ptamhae 1, that$
1lS3. '
StCTtOM,~r' Tho. tmpertance of thin lagislAtlen fill the Crowded Coeelttaq. of the Calendars in s.?et
hot1: houses: create 4!111!1
emerganey cud.* an leparsttrs-, pyhlie
} constltutlenal rule ~►aeesstty that d
requiring hills to be re on throe r1
1 i days im sa sewn
days N housa~ha suspended, and this rule is hereby Ouependw. 9ISSC~
Fund vou the
26,1985: Ye ie on'Msj 8, 1965, Dr a n6n retOrd fotr
dt N i el
7s 0• . paced by the Senate on 1!q
Approved June 8, 1o85,*
i Effective Sept. 1, logs.
- read ,
L
axclus
MUNICIPALITIES-.VEiGETATI the C
ON AND LITTER
aI VIOLATIONS-PENALTIES ordana.
{ CHAMICR 8b fine or
H. B. No. 1070 Is el:
village
AN ACT .
relsti1,g to pena1 tideff sanlts
ell vtelaeten,e>r ~wllet?sL erdlnancas, rules,
and regulations governing VegatatJert and litter. litier
11~ 1t IT ><A em Sy Tim . , - exceed
MM-of TU STATIt 01, T[1t",
S90TION 1. Article 10110 llevlead Statutes a city,
read as follows, is Amended to with fir
Art. 1011. }OMS. The city town as
hoQ y council,- or other governing arimiar
' y shall have
11. V.T.C.A.Penal Pew! to. pus, t puhlt, amend or repeal all
14. Verna's AmLCj,.8L ,t, lolll.. ~ Vas
Addition In text IndkSled tY detat)ons ►y fat«Aaewyl
2860
~~1
i
.I
OM 69th LECIBLATME.MULAR BE9810)V
Ch. 329
Of T"Ur omwkwos, rules and police regulations, not contrary to the ,
asondmeuto 1.044 Constitution of this State, for the good government, peace end
Order o1 the City and C.1a trade and cossares thersct, that ■ay be
eearaeess•ef. assary or proper to carry tat* effect the
to sec powers vested by this
ody A92 Il title in the corporation, the city government or in any department
sonv~~ or ellice thereon to enforce the obeetvance of all such rules,
aldinanees Lad police regulations, and to punish violations
oareot. No line or penalty shall exceed $1,000 for violations Of
1961. all such rules, ordinances and police regulations that govern the
itlon an'L the safety, sonlaga..U Iaad) public health gad saaitatiom, lael,"M
of create art ~~a1 of rsluss. (colas-Uua•regetLtlem•aal•1llaer-nisi- a- t one
7 that the mar exceed 1200 tat all other violations. She arovisions of ti •
three ,sovoral Ask asiy to env "III!! Liz er towm lacludlne a hwa le ar
tby susprndod, 6ity, hovaver faeormorated gad notwlthat andins a_r oreWisles Is its
is StMe on May gitter to tla Contrary.
IM1011 2. Article 1193, Advised statutes, 1s UMWOduto i
teal as tollowll
Art. 1193. JVRIfDICTION. AU (A) WMICipal couzts,
incloAte~all Runic
last courts of record, (oerrk) shall bave
sscluslve original jurisdiction within the territorial limits of
the city, town or village, in all criminal Coosa arising under the
`FIZ ardlnaaces of the city, town or village !n which punishmeat is by
fine only and where the maximum of such tine does not exceed 11,000
in all -4a avlslng under the ordinances of such city, town or
village that govsrm lira ,.atsty, 2"109.4 -M Iaadl public health and
eanitatlon, lnCIL0,inv " ins of rag a
~.a Iether•akaa•vegelatlaa•amd
'Cos, rules, i+ltsr•vlelakkens) and where the matiaua of such line does not
exceed 1200 to all other cases arlsta# under the r-rdinane;a of such
,We city, town or village, and shall also hart concurrent jurisdiction
amended to with any justias of the
penes in any precinct in which the ally,
cove or village Is situated to all criminal cases arising undat the
r governing criminal laws of this state, In which puslOwtent to by tine only,
OP441 81 3
to Yeeoe's AaaQt.& art 1106
twksJ Additions in text Indicated by undedl deletions by (sb4k6swls)
261
M
Ch. 329 69th LEG(SLATURE-REGULAR SESSION
,
and where the ■ulnum of such tins may not exceed sloo, and arisf
Mecgen4y
within such territorial limits.
j constitution
si MON 5. Artlels 4,14, Code of Criminal Preced'urs, togs, days in each
Is amonetPto read as to) Iowa$ psosed blr the l
Art. 4.14. MVNICIPAL COVIM Mj tyke] municipal ibusc 15,1995: Ytu 51
ineludine all oubleimal ewrts of record Isevotj in each i Approved Juno
incorporated city, town or viilags of we state shall have l~ Effective Sept
4xelustvo original jurisdiction within the corporate limits In all S
criminal cases in which puniahatnt is by fins only and where the
maximum of such tiro does not exceed $1,000 In all cases stialno
under the ordlnancss'ot such city, town or village that govern llte CRIMP
slaty, sonin0. or IGAAI public health and oanitationLAMIUbt
dumping of refuse leli+s r Ihax•rsge1a11ex-exd~11R1er•rielaliessl aed
whet,) the maxivia-a f such Line doew not oxcsed 1200 in all other
casai arising under tha ordinances of such'etty, town or village,
ar.d shall have concurrent 1uriedletion with any ]ustite of the relating to
peace In any precinct In which the city, town or village to for indecene:
sltuated in all criminal cases arising under the criminal love Of SS IT I
this state, In which punishment to by tins only, and where the SLCtl01
~1 tr maximum of such lino may not exceed 1100, and stistng within such as amended *
i t corporate Limits. Regular 14u
I ILCSION 4i1 (al 1'hs change In law made by this Act applies 64th Leglits
,jnly to the punishment for an offense committed on or attar the follovet
effective date, of this Act, lot purposee•of We section, en Art. It
offense-Is committed before the effective date of this Act it any felony indict
' slalom of the ottense occurs before that date. aftervard,
(b) An often$@ committed before the affective dote o! this {11 aw
Act is governed by the taw in effect vhen the offense vas (2) t
coerltted, and the former law Is continued in effect for this olfensel
purpose: (A) 6
j&MIoN S. This Art takes effect September 1, IM, ~ executer, a
SSCS100 II. The Iarpertancs of this legislation and. the d4trau4 any
crowded condition of ohs calendars In both T.0u1ae create Am at settler e
14. Vcmoo'e Ann.C.C.P. art 4.14. M Ye,mon's AM
47, Vpnoe'a Abb,U NAL rho. 1011 bolt, 1101
noes'; Vomon's Abs.C,C,P. sat 4.14 boa.
? Additions In text Indieated by YOdarfifiSl delstlons by (W409w4e) AdditM
~2 2652
69th LEGISLATURE REGULAR SESSION Ch. 330
and arlelnq ~rr"I sad an 1 r4 two public aeceeai~y that the
ceeatitutienal rule requiring bills to be road on three several
dire, 1965 }
dale In each house be suspended, and this rule Is hereby suspended. 1
tprl posed b the House on May 7. 1985, by a non-rernrd vote; pa"ed by the Senate on May
God 1A 1M& 1eas 91, Nays 0.
in each approved Junto. 1985.
shall have fifeetiye3tpt 1, 1985.
site in all
id where the
aao arising
govern tiro CRIMINAL PROCEDURE-LIMITATIONS-INDECENCY
inG WITH A CHILD
64601441 and CHAPTER 130
all other H. B. No. 1149
or village, AN ACT
ce of the relating to the period of limitation applicable to s Proaecutiea
villr.-e is
(or indecency with a child.
1 laws of St 11 fNA= BY TRt LSOISLATVRt Of TNt STATIC Of TCXA41
i where the It= [ON 1. Article 12.01, Code of Criminal Procadut0, HAS,
thin such as amended by Section 1, Chapter $S, Acts of the 66th Legislature,
Regular Session, 1903, and by Section 7, Chapter 977, Acts of the
ct applies 64th 1.e91slaturs, Regular Sesslan, 1952, as amended" to read as
after the follovsi
action, an Art. 12.01. ftLOURI. txcopt as orovidad in Article 17.07,
t if any felony indictments may be presentee, within chess limits, ►nd not
siterwardi
to of this (1) no limitations murder and manslaughter;
:ena4 via (2) ten years from the date of the commission of the
t for We offenses
(A) theft of any artate, real, pereenal or mixed, by an
executor, administrator, guardian oe trustee, with intent to
and. the defraud any creditor, heir, legatee, ward, distributes, beneficiary
ereato an at settler of a tn)st Interested in such setater
Is. Vrmos'a Ana.C.C.P, att. ti0t, i
Additions In taxi indicated by .unQerflel ; deletions by toWk ewU)
2W
Ch. 328 69tb LE(;I8LATUR&~RECULAR $E88IO't tT ~+ACrta ex TIM UOI2ZAr RE or
SECTION I. Section 38-07")o S?ATE r
ten" Code, It erdot
u foIlowr a try Coast
(a) A person ~arrealel•fery-s>largsl•r4M os~r
•/teasel eosite r er•aenvlablvf. is
an offense If he' ese at tl
apse lees custody VXU
I11 a v '^"'~+~1t title
of of
ordla
SECTION t. This Act takes slteet Set thee.
e SECTION J. The, i p ashes !r Lill, all
apertan.e of
erovded condition this legislation and Us safet
et the calendars in both houses treats V
esergency and $t~i
an Imperative polio asceulty that
constitutional sole re the aes e
9uiring bills to be read on three several WA
days is Oath house be euepsndsd, and this sole Is hereby susparb M. 914Ya.
i Passed b~ the Hoene on may 8
28, 1983; Yeas . 198b, by a non nelord tote
8l, Nays 0. ebaet
Paced by the Stntte on Mr7
r Approved June 8, 1988.
Effective Sept. 1. 1985. read i
inclut
a exelur
MUNICIPALITIES-•YEGETATION AND LITTER the a
f VIOLATIONS-PENALTIES ordlna
tics e
t jtf `ri CHAPTER 329
la at
H. B. No. 1070
AN ACT vlilag.
relating to paneltl,s+tor violation at a~ef
municipal erdiraneu, rules,
and regulations governing vegetation And litter. exceed
etteaM
53 If XMACTCD !x TO UOISLATM Or THE STATt Of TtxASr
SECTION 1. Artlols 1011, Savlsed Statutes city*
is aaandedssto with aw
read as toliovu
~ Art, 1011. tOIltJ1,\, The City C town of
Y ouncil# br other govetnlnq arlialsr
body shall have pover to. pass,
63. V.T.CA.PeaalCode,IS8.01(a; Publish, aarnd or repeal all
E 11, Verrom's AmCIvAt. art. 1011. Vas
Additi r;s In taxi andltated by YlldrtJldl; defatlons by (rtpmaeer,yl
0
.1
ON 49th LBGI$LATURR-REGULAR SSMION Ch. 34919
or MAS, 4r4sasces, rules and police regulatioae, got contrary to the
asendod a rob CoDrtltution of this state, for the good goverment, peace and
auyr of the City And the trade end eoeoeres thereof, that may be
'4exvasted.of-M wary or proper to carry late effect the
pavers vented by this
04Y Yhen h. In thm corporation, the cif
----".-mod title y government at In any department
2L~e} or office thereefu to enforce the observance of all such rules,
Ordinances and police regulations, and to punish violations
goof. No fins or penalty oball exceed 91,000 for violations of
loss. all such rules, ordlasnese and police regulations that govern firs
Ition and the safety, soalaga-M lull public health and eawitation, laclud N
go create an ..+uew of refuse,
la~luer•thu•vegetallem-end-li~let•vlslatiews)
y that the sea sacoed 9500 toe all other violations. She erevieioas of "I
three several UL MIT to saw eltr er town lacludlna a hone ralr or Imial-lirw
obi suspended, 4111, horirir lace morated gad notwl Lsta.~luf. a v arovlele la
the Sem>,•on May dirter_to rhs contratY,
KtTION 9, Article 1193, Revised statutes, is ameadednta
read as follows$
Art. 1193. JMjSDICT1 1,;. &U (A) WAW Clpal courte-
laci nd all &L%cleal courts of record
(s w 111 shall have
exclusive original Jurisdiction within the territorial lialts of
the city, town or village, in all criminal cases arising under the
DER erdleances of the city, town or village !n vhleh punishment is by
fias only and where the suisus of such tine does not exceed $1,000
Is all cases &rising under the ordinances of such city, tovs or
village that govern fire safety, raring, o► 160.1 Public health and
SAM tatioa, laeiudlna iY _-~Aa o! rely u, (elkar•txu-vegat6alea•aad
'Cgs, rulee, Iitter-visi Was*I and vhors the *axis" of such- tins does not
faceed 9700 In ell other caste arlsiag under the ordinances of much
XASi city, town or village, and s"11 also have concurreat Jurisdiseses
u
uonded to with any Justice of the peace in any precinct In which the city,
town or village is situated in all criminal cases arising under the u
r governing criminal lave OR this stato, In which puxtehssnt is by tine only,
epssl all M Yw%Wa AaaCIOAL ut I Ifs.
J Additions In text ImIcated by underljps; deletions by jUr*eowtaJ
2551
1
` CIL 329 69th LEGISLATURE.-REGULAR SESSION
III
t' and whsre•ths maxiaur of such fine may not exceed 1200, end arising
r9eD0p
t' seN
i within such terri:orlal limits.
constitution
s":TtOt4 s. Article 4.14, Code of Criminal procedure, 199!
is ameodeds4 o read as follovel days in each
passed by the
Art. 4.14. 9tlrNICIPAL COVAT. AU (Thal eunia .pal eon 15, 1985: Yeas 21
lneludind all anrniaied Courts of record Jesse) in each Approved June
incorporated city, town or village at this state shall have Effective Sept.
axcluslta original jurisdiction within the corporate limits in all
S criminal cases In which punishment is by line only and whore the
maximum of such fine does not exceed $1,000 In all cases arising
under the Ctdinancea'ef such city, town Of village that govern lira CRIMP
safety, rcaInga._U •(amdl public health and sanitation,, n 1 dum» ins of relusa (s~har•4htm•wgaaNNe•amd<1Nlas•vfsiatlsaa)
when the ■axinasr of such fine does not exceed $200 in all ether
IF cases arising under the ordinances of such city; town or villa",
and Malt have concurrent jurisdiction with any juaUee of ,is relating to
pas" in any precinct in which the city, Cwn or village is for indseoae
attuatsd in all criminal cases arising undo: the criminal lava of at IT
r this State, in which punishment is by fine only, and whore the stCTIO
maximum of such line may not exceed $200, and arising withtn such as amended b
corporate limits. Reciter sea
SMON 411 (a) the change in law made by this Act applies 6uh Lsgisla
only to the punishment for an offense committed on or attar the feilowsi
+1 ~ stfwtivs dats• of this Act,' ror purXaos'of this section, an Art. 1:
11 offensa•lo committed before the effective date of this Act if any felony indle,
element of the offense occurs before that date, afterwsrdi
11
Ib) An offense committed before the effective data of this (1) r
Att• is governed by tho law in effect when thw offense was 12) t
ceasltted,' and the former law Is continued in affect for this oftsnsu
put"W (A) t
j .itCTION is This Ast taken effect September 1, loss, executor, a
ll=loN 6. Thai iagrartuwe• of this legislation and. the
defraud any
crowded condition of the calendars in both houses create sea or settler r
40. Verxa's AAiLC,C,P. art 44t4,
0, Versoe's Aaa.Clv.Bt arts, 1011 now, 1190 40. Vtrw's Aa-
Dotr; Vernoa's Ane.C.C.P, art t t I sou,
Additions In text Indicated by yam; deletions by (e4pihNw44', Wit
2652
J
69th LEGISLATURE-REGULAR SESSION Ch. 330
s
and artsin
9 ~tnaay and an Imperative public neeesstty that the
cseetltutleaal rule requiring bills to be toad ask three several
dote, 1961,
d+fe is •aeb bous• De suspended, and We tvl• to hereby suspended.
ipat psamd V1 the Howe on May 2, 1955, by a non-record vote; passed by the Sonata on May
ceUAL 15.. as 31, Neye 0.
In each Approved JUL* S. 1983.
Mall have gff"veSept 1, Sin
sits In all
wl where the
loo arikling
goverm fire CRIMINAL PROCEDURE.-LIMITATIONS-INDECENCY
lnetygp WITH A CHILD
ateene) and CHAPTER 330
tlL other H. B. No. 1149
or village, AN ACT
ce of the slitting to tho poriod of limitation applicable to a prosecution
village to for lndeeeney with a child.
I lave of U IT tNAC= 4Y Tits LsOISLATUIIS Of TH! sTATS Of Tt7W,
i where the ssCTION 1. Article 12.01, Cede of Criminal ltocedurs, 194S,
ithiu such to amandel by section to Chapter 83, Acts of the 68th Legislature,
pogular Session, 1983, and by section 7, Chapter 977, Acts of the
Ict applies .nth Legislature, Angular passion, 19430 is amsndedss to read as
after the follbvei
.setion, an Art. 12.01. riLONlss. ixeept as provided in Article 12.03,
t if S%y felony Indictments may be presented within thaw limits, and not
afterwards
ti of this (1) no limitations murder and manslaughter#
fens' was (3) ten years from the date of the commission of the
t for this altensei
(A) theft of any estate, rest, personal or mixed, by to
exo"tar, administrator, guaelian at trustee, with intent to
and, the defraud any creditor, hell, legates, ward, distributes, beneficiary
create sm or settler of a tr4ot interested In such estntet
la Venwa's Aea.C.C.P. tat lt0l.
Additioms In text Indicated by undarlin 1 dsIGUons by (eWhoswM)
2663
I
r 11994
NO.
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 10 (FIRE PREVENTION) OF THE
CODE OF ORDIIIANCE9 OF THE CITY OF DENTON, TEXAS BY THE ADDITION OF
SECTION 10-5 PAISING THE MAXIMUM FINE TO $1,000 FOR VIOLATIONS OF THESE
SECTIONS OF THE FIRE PREVENTION CHAPTER PROVIDING A SWERABILITY CLAUSE"
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
SECTION I.
That Article I of Chapter 10 of the code of ordinances of the City
of Denton, Texas is hereby amended by addlnt a Section to be nuobered
Section 10-5, which said section reads as foliowsS
"Sec. 10-5. Penalties
A person who violates a provision of this article of article
IV hereof is guilty of a separate offense for each day or
part of a day during which the violation is committed,
continued or permitted, and each offense is punishable by a
fine not to exceed 11,000."
SECTION II.
That the prov (ions of this ordinance apply only to offenses
committed on or a:.er the effective date of this ordinance. ofton- is
committed before the effective date of this ordinance are subject to
the former penalty of a fine not to exceed Two Hundred Dollars
(3800.00).
SECTION III.
That the provisions of Chapter 10 of the Code of Ordinances, as
amended, shall remain in full force and effect, save and excapt as
amended by this ordinance.
SECTION IV.
That this ordinance shall become effective fourteen (11) days from
the date of its passage, and the City Secretary is nereby directed to
cause the caption of this ordinance to be published twice in the
Denton Recocd-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 , 1945.
RICHARD 0. STE ART, MAYOR
CITY OF DENTON* TEXAS
ATTESTS
CHARLOTTE LEN, IT E AETAR
CITY OF DENTON# TEXAS
APPROVED AS TO LEGAL FORMS
DEBRA ADAMI DRAYOVITCHS CITY ATTORNEY
CITY OF DENTONs TEXAS
BYSwH_~!!/►~~
LEGAL DEPARTMENT
MEMORANDUM
:.ebra Adami Drayovitch, City Attorney
Joe D. Norris, Assistant City Attorney
RODert 8. hunter, Assistant City Attorney
TOt Honorable Mayor & Members of the City Council
FROM Debra A. Drayovitch, City Attorney
SUBJECTi ordinances raising maximum fines to $1,000
DATES September 6, 1985
As you may recall, on several occasions we have discussed the State law
amendments which authorize the City Council to raise the maximum fines
from $209 to $1,000 for violations of City ordinances governing fire
safety, zoning, public health and sanitation. Seo Art. 1011 and 11941
Tex.Civ,Stat. (Vernon 1983). During the 69th Legislative Session, the
State Legislature amended this statute to allow city Councils to
increase the maximum fines for dumping of refuse and weed and litter
violations. A copy of the law is attached.
At your direction, I have prepared for your consideration ordinances
amending the Fire Chapter, the Garbage Chapter and the General Pro-
visions Chapter of the City Code to allow the Municipal Judge to levy
fines of up to $1,000 for violations of those ordinances, I would
note that, in all likelihood, it will only be on very rare occasions
that A fine would exceed $200. In my past experience, the Municipal
Judge would assess such a high fine only if there was a drastic viola-
tion which could endanger health or property, i.e. a violation of the
pollution control ordinances where raw sewage was being dumped into a
stream. Indeed, though tro law presently allows a '0200 fine, the
normal fines are from $25 to $100. However, I feel that the authority
to levy a higher fine where a continual wilful and/or dangerous viola-
tion exists may curtail repeated violations. Should you have any
questions relative to this matter, please advise.
Respectfully submitted,
DEBRA DR OVI
DADsjs
xot Rick Svehla, Acting City Manager
Camille Milner, Municipal Judge
Attachments
3 j Ch. 328 M LRGISLATMB-R&GULAR 89MION
e:. aT DU== BY TIM LtOJJLJ1Ttlt; OT
To JTATS or tt1uJ
ttcT10M 1. tretlon 78.07141. renal code erdSb
ea lellovei to amendeAo ~r Coast
t (a) A person (e►rselet•fnr•eharNdwtlh etdo
r sr-pavNtet-ef.Y
effeaee) eommite an effen4e It he escapes !r novae
on custody title
o!!e_nai-M or of
• ordia
tedv coca ~a.~ tea L
itCTIOM This 9ftllt~• there
? Act takes effect teptewber 1, 1faS.
all
ifC7fOM i. 'u, 14"Itne4 of this legislation ana the 4afe%
Crovded'cocditlon of the calendars In bet# houses: create as
eeMrgsnoy led... ~IIrL
M LW"r4t1v4-. pybile necessity that the now
49
constitutional rule requiring bills to be read on thr" e
r dare is.eael housebe wa nded ewral TlAt at
De and this rule Is hereby wapendy. eft
i Passed b~ the Ffodie ow?4my 8. 198b, b and
28, 1986: You 81, Nays 0. y m"'Vrd tote; puaed bf the Senate on Way l.ha:
1
Approved June 8, 1985.
Effective Sept 1, 1985. nod a
i # exelu
the 4
' MUN[CIPAL[TIE$.•VECETATTQN AND LIT'T'ER o
rddinu
VIOLATIONS-PENALTIES
ilea ei
CHAPTER 329 1e all
H. B. No. 1070
AM Ac? vS 114ge
i relating to peerltlos,t mite,
• oft violation of uwttetpal ordinances, ruler. iltteg•
AM regulations governing wgstatlaq and letter.
exceed
! et if 8NAlm or tttt UGISLATVRX Or Tex JTATY Or TtmSj oft
Jt.'t1OM 1. Artlele 1013, Revised Jt4tut4e, 14 asanded+tto vlth at
read as 'rellevu
' Att. 1011. rONillJ, tern as
The city Council, or other governing eriaSes
body chill have pover to, pass, pabtlah, amend or repeal ail
11 V.T,C.A Parul Code. T 78.e?(a) dA Yet►
J~. Yrrnop'r Aea.Gr 81. art 1011.
i AddWona In text Indktted by yam, 0ehelons by (4w1146W
2bb0
ON 69th LEGI9WTURE--REGMAR 9&RSION Ch. 329
Of T1rRA.9r sopeer, rules and police regulations, not ccatrary to the
•
Nendedyto recd Coatitution of this State, for tba good government, peace and
srdsr of the city and the tradar and eowerco th .,4[, that may be
•eavleted•of-y secasomy ur Proper to carry into effect the powers vested by this
ody tills in the corporation, the city Qeverntent or In any department
£.gdyle_ t~a1AM •r office thoroofr to enforce the observance of all such rules,
•rjinancee mad police regulations, and to punish violations
is etic a thereof, No fine or penalty $hall exceed 91,000 for vlosatiem* e(
1993. all such ruler, ordinances sad police regulations that gov'cn firs
tion and the aafsty, ronirg. er (mad) public heap>, and raaltatlen` &CLUdlIIy
OR create an 001a of refuse,
tether-~ihaa•regetetlem•sad-1l~1as•V!elatlearl
y that 04 oar exceed 1200 fear all other. violations. The rrevlslonr of JM2
three several Yramply to ray city or town, lneludiam a hams rule or spacial law
'by susPended, yy, bmnir incorporated and notwithstAmdlne any rrovlelra is its
the Senate on may rter to the coatrarv.
08=11011 J. Article 1193, Revised Statutes, is sawndedute
road as followar
Att. 1193. MISDICTIOM. AU (AI muaicl-al SS •~A
locludind All municipal enures Ieaaraj shall have
utclulivs original jurisdiction within the ten ttc sal limits of
the city, town or village, in stl criminal c&seo arising mod •r the
DER ordlnaaees of the elty, town or vilify% in which peaishme:~ Is by
fine only and "%arm the maximum of such fine does not coed $1,100
is all cameo arising under the ordinances ct r> ry, town or
Village that govern (ire safety, roning-11 IaRd) PUblis health rod
aenltatlen, lneludlna dumpiao ul reCues, (etltes•llaa-rs~ou a as-mad
ices, rules, litter-vlsialloasl and where the maximum of such fine does not
exceed 1200 in all other cases arising under the ordinances of such
=1tAir city, town or village, and shall aloe have concurrent Iurtodiatiom
Amended" to with any justice of the pa is in any pee toot In which the city,
town of village Is situated in all criminal cases arising wr•-ier the
r governing criminal lawn of this state, In which puni.:wat is by time only,
repeal all 11, VarWo AaaCA.dc art lIK
++GSI AdditIons in WA IndIcated by uQQediQ3j deletions by (slodmula)
2661
7
1. CL 3L9 6901 LBCISLA'i'URE-.REGULAR SMION
and vhere•the maximum of such line may not exceed 1200, and arm
Y, within such territorial limits. emergency
SECTION 2. Article 4.14, Code of Criminal Proe blurs, 1916, i eonetitutloa
is amended`mto read a follows, [Ef days In each
Art. 4.14. NUIiICtPAL COURT. AU (Thal munieipal -u ` tPasw 9 , You 1
lneludinv ell 16.
tolnaI courts of ree•rd Issurt) in each Approved June
incorporated city, town or village at this state shall haw effective Sept.
exclusive original Jurisdiction within the corporate limits in ell
criminal cases in which punishment is by line only and where the
maximum of such finb does net exceed $1,000 In all eases arising
under the ordirmoes'of such city, town or village that govern fire CRIMP
1 safety, toning, or ,(eadl public healt, and sanitation ""luau
d'i Ding 0! rsfua• (ether,Shan•wgatalten-axljlllter•vle6at Hme) am
! where the maxima of such fins does not exceed 1200 in all other
cases arising under the ordinances of ouch city; town or villa",
and shall have concurrent Jurisdiction with any justice of the
peace In any precinct In which the city, town or village to relating to f
for Indeesne.
situated in all criminal cases arising under the criminal lave of
at IT 1
this State, In which runishment to by line only, and where the
E6x'rta
maximum of such line may not exceed 1200, and arlsine, within such
m as amended b;
corporate limits.
Regular Eesx
SECTION {!t (a) The change in law made by this Act applies
68th Leglsla
only to the punishment for an aftense commit:ed on or alter time
[ellovsi
affective data, of this Act. for pur,aees'of this section, an
• Aet. 12
offense-to committed before the effective date of this Act It mny felony indict
e~
1 m r element of the etlenas occurs La fors that data.
altervardr
` F (b) An offense committed before the effective date of this (1) n
s Act Is governed by the law In effect when the oftener ws
a (11 t.
committed, and the fo nor law to continued in effect for this
etfensax
purpose.' (A) V
SECTION 9. This Act. takes affect September 1, 19611.
executor, a•
SECTION The.. importawe of this legislation and. the
defraud any
crowded condition of the calendars In both houses create as
it Venmon'sAnn.C.C.P.rrtl.fa. or settlor e
J k' e1. Vereon's AaaCiv.U arts. 1011 note, 1196 IL V#moo's Ana
i! note: Vernoe's AacC:C.P. art t14 now.
r Additions In text indicated by ypdaryppi deletions by INsilxoswbj Additk
2562
Wit LEGISLATURP.-REGULAR SESSION Ch. 330
and arising Nsrloaoy and sn imperative public nooesomity that the
duce, 1963 casstttutional rule requiring bills to be read on three several
l+7a in each house be suspended, and this rule is heTt,by suspended. S
ysµcd b) the House on May 2. 1983, by s non-record vita; passed by the Se nate on may
Ipal L190: >rfss 81, Nsys 0.
In tech Appwred June 8, 19U
shall have Et(octiw Sept. t, 1985'
r;
wits in all
td where the
Itee arising
govern rite CRIMINAL PROCEDURE-LIMITATIONS-INDECENCY
'-lagluglim WITH A CHILD
stiens) and CHAPTER 530
all other H. B. No. 1149
or village, AN ACT
ce of the relating to the period of limitation applicable to a prosecution
village to for lndoconey with a child.
1 lave of IN tT LNACTCD NY T11Y LWISLATM Of TU RUTS Of T AS, ~
where the sttCTloti 1 Article 11.01, Coda of Criminal •rocadure, 19650
thin such am amended by section 1, Chapter @S, Acts of the bith Legislature,
Regular session, 19;3, and by Section 7, Chapter 977, Acta of the
et appltes 64th Legislature, sogular Position, 1913, in amended" to road as
after the followal
oetion, an Art, 12,01. rIL40819S. 8xcept as provided in Article 12.03,
t if any felony Indictments may be prvaented within these limits, and not
afterwards
to of this (1) no limltatlont murder and mansleughtorl
tense was 13) ten years fcom the date of the comalsalun of the
t for this offen"I
(A) theft of any estate, real, pereenal or mfAM, by an
aseuter, adainlstrator, guardian or trustee, with Intent to
i
and. the defraud any bredltor, heic, legatee, ward, distribwess, beneficiary
create an or settler of a tryst interested in such setatej
i
p. Ysmos's Ann.C.C.P. art. 17.01.
1 Additlons In text indlcated by ilndarOnl; dolettons by (oU4 *ovWj
2W
a
328 49`116 LEGISLATURE-REGULAR 8ES8I0N
St IT WAMAD SY TEX LZQISLAnU or 20 STATR 0P TM I,
SECTION I. Se'""s 78,07(a), Panel Code, 19 c~
ar follovos ~n4ed' a h4
cereal
(a) A Perron (erreeled-[err•rkarged•v!!h sir
Nfeaaa( cuvtita as e[lenq It he ssc r cr-•eavfeled.ef.V
aacs+
apes from eystodr uIt
11) ud4ar arrest for • --"~1 ttttr
~
, v
o-{lSno~ r llA~3i"f~ or o!
f7i !n ••Qyre~ant to ordlr
SUCTION i. Ibis Act taken effect SeDt there
SECTION i. eabcr 1. 1985.
The, importance of this ; all
the
crowded condition o[ cglalatien and aalct
the ea',c Aers !n botl!
earrancY and houses. create y tau
am fapnre'sive public necessity that the
tonotltatieaal MI* r+clulrin mes a
v bills to be raid on throe severe, AMJ
days inn each hour*
+spand,, and this rule is hereby
Pored ~b~ the House on May 8, 1965, by a noer n+apeeWy. 41CY,
1 26, 1985: Yeas 81, Nays 0. record iota; Fused 4 the tienate on WAY 111W
Approve,( June 8, 1985•
Effective Sept. 1, 1983.
read
k
' F.ta *xGly
i ? ar MUNICIPALITIES-VEGETATION the
o
~ VIOLATIONS..-PENALTIE
AND S fine fine e
CHAPTER $29 ns
In al
H. B. No. 1070
AN ACT wiling,
. ~..1 enlacing to sanits
i
{t, psnattics fo■ violation of aunieiprl ordinances, ru
and regucation• governing vegetation and litter, les, le Nee
SE it SNACT[D Or M "ISLA cite,
rtntE OF tRZ srArt or rcxAS, city
f SSC?loN 1. Article 1011, Revised Statutes, is aarndtd'+to tilts,.
~I read as foltowes
town a
Art. 1011. POMEs. The ticY Council, or other governing
body shall have power te, teimim
4& V.TCA.PewCo&, pass* Publish, emend or reperl all
CL VernWe Aee.Ch3t art l0lJ. yen
Additlona in teat indicated by
Nndldlosl; deletions by (i4{poswesl
2NO
ON :th LNGISLATUR&-RMULAR SMStON Ch. 324
Of 1tXASres and police regulatione, not contrary to the
s
uunded4to rem umotitution of this State, for the good gsvermmeat, peace and
Oro, of the City and the trade ,u►d Coemeree thereof, that say be
oeavtosedy f-~eessri or proper to carry into affect the powers vested by this
ody kba At-1h title in the corporation, the city goverment or in any department
c_1+yieled o. or attics thereof] to enforce the obsorvasKe of all such rules,
sees and pollee regulations, and to punish violations
er o! a ~yy~. tMtoof. we fine or penalty shall exceed $1,000 for violations of
1953. LI, such rules, ordinances end police regulations that govern fire
~tion artd the safety, sonlsg,_or (wW) public health aM sanitation, including
co create an to" of _refuse, (e:her-thanwegetatism-asd•I/toor»v/eiau easy
y that the sou exceed $200 for sit *that violations. SAe Draw isiom• of this
three several act aesly 0 401 City or taws lsCludlag a hoses rids A srseisl lw
*by suspended, ally hovrrer incorooratad and notwithstaading anv provision in its
the Senate on May ~rter to the contrerv.
UCflOtf 2. Article 1195, Revised !ttt':iss, is &send*^*
read as feltowst
Art. 1195. JVR2SOiCfiOll. &U (AI municipal courts,
including all sninicieal courts of record. (sours) shall have
exclusive original jurisdiction within the territorial limits of
the city, town or village, In all criminal cases arising under the
ER erdinanees of the City, town cr village In which punishment is by
line only and where the maximum of such line does not exceed 11,000
In all cases arising under the :••dlnancso of such city, tow or
village that govern fire safety, coning. er (a") public health and
sanltation, including 420102 of refuse, (etAar•tkaa•regN at bx-ant
cos, rules, )steer r!e)asloss) and where the maximum of such fine does not
exceed $200 in all other cass► arising under the ordinancas of much
ExASI city, to%n or village, and shall also have concurraat )urisdictlem
amended a to with any ffi~stico of ts,e peace In any precinct In which the city,
i
town or village is situated is all criminal cases griming under the
gover,ting criminal laws of this State, in which punishment is by fine only,
spoil 81) k Va 's Am.Ck.SL art 1196.
I Additions In text Indicated by yndaf((h d deletions by (Wikw ifs)
2561 '
r
I'
Ch. 32: Mh I&GISLATURL--REGULAR SESSION
and vhcrr•ths maximum at such line may not exceed $200, and mrisirl, emergency
within such territorial limits. copatltutioa
l} SIMON Article 4.14, Code of Criminal Procedure, 19x1, days in each
t' it amendedtrto read as lollowsl
j} Passed by the 1
Art. 4.14. "ICUAL COVAT. &U (Thai munielpel oue a }5,1985' Yeas 31
1 rovedJurN
Including all munlgiesl eogrts of saeoed, leaarti In each APp
Ir Effective Sept
incorporated city, town or village of this stab shalt have
exclusive original Iurls44:tion within the corporate limits in alt
criminal cases in which punishment is by line only and where the
f
max.ioum of such line doer not exceed 11,000 In all error arlateg
under the ordinances'ot such city, town or village that govern tire CRIM D
safety, xoalno, or •(artl public health and sanitation, fnludIM
dasmine of rofuss (other- thax-regautlem-ant-!Sties-vistaeleas) and
Mere the maximum of such tine does not exceed $200 In all other
r'}
Cases seising under the ordlnaneie of such clay; town or riltage,
i
i, and shall have concurrent ?vrisdlee.;n with any }veefca of the [Dieting to
peace in any precinct in which she city, town or village is !os indeuna*
altuarad in all criminal cases arising under the criminal lava at as if
this 4tate, in which punishment is by fine only, and where the SLCtto
maximum of such fine vav not exceed $200, and artsing within such as amended Is
a
t eorponts limits. Regular ens
SMION 01 (a) The change In law made by this Act applies Goth Legisls
~t
only to the punishment for an offonea committed on or after the follow
1,.
affective date- of this Act.' for purpoeu 'ef this section, an Art. 11
offense-im committod before the effective date of this Act it any slany Indict
element of the otlenee occurd before that date. afterwards
(bi An offense commi had betora the effective date of this (1} n
Act, Is governed by the tar in effect when the offense was (2) t
i $ cbmstitted, and the formor law is continued in effect for this offenses
purpose: (A) t
SRCTIOW S. This Act taker affect September 1, 1945. executor, a
9=10N G. The.- importance at this legislablon and. the ( defraud any
crowded condition it the calendars In both houses create an of settlos e
Il Ver's Ana-S art 1,11. M Vernoo's Axe
If. Yeeweoe's Ane.Civ.Civ at attn. fu11 note, 1195
ootar. Venwx's Axa.C.C.P. art C14 now. Additk
Additions In text Indicated by yndarlinjl deletions by (g4PWwowM)
2552
r,:. t,~ r
}
69th LEGISLATURE-REGULAR SFMION Ch. 334
and aeisinq ~rqWy and an imperative pubtlo necessity that the r
coastitutionai 741e requiring bills to be road on three several
durs, 196; days in eact, house be suspended, and this T%14 is hereby suspended,
spas ou gassed by she House on May 2, 1985, by a non-record vote, passed ty the Senate on May
to Iy, 19115: Year 31, Nays 0.
in each Approved Jun$ 8,1985.
shall have f fecu're Sept. 1. Im.
sits in all
td where the
sss arisinq
9overn fire CRIMINAL PROCEDURE--LIMITATION-INDECENCY
ino_120112 WiTN A CHILD
Nkenm) and CHAPTER 330
alt other H. B. No. Ito
or village, AN ACT
co of the relating to the period of limitation applicable to a
proeeeutlea
Village is for indecency with a child.
I laws of 89 IT tMACTO BY T8t 1.1018LATVRE Of THE STAT9 Of TCXASr
s where the SMION 1. Article 12.01, Code of Criminal Procedure, 1965,
Rhin such as amanded by Section 1, Chapter 81, Acta of the 68th Legislature,
Asgular Session, 1983, and by Section 7, chapter 997, Acts of the
itt applies 68th Legislature, Regular %assion, 1987, is Amendedu to read as
after the follower
action, an A". 13.01. "V MILS, txcspt as provided in Article 12.07,
It any ferny Indictment@ may be presented within these limits, and not
afterwards
to of this (1) no limitations mutder and manslaughter(
fer.$$ was (2) ten years from the date of the coemission of the
for this offense(
(A) theft oS any estate, real, personal or mixed, by an
executor, administrator, guardian or trustee, with intent to
and the defraud any Creditor, heir, legatee, ward, distributes, beneficiary
create an or settlor of a tryst interested in such estate(
4& Vesaoo's Ana C.C.P. aft 1201.
I Additions In text Indicated by y»dltlfflll deletions by (ebil-wile
l
2%3
77
i ,
DATE
CITY COUNCIL REPORT FORMAT September 100 198S
TO: Mayor and Members of the City Council
PROM: Rick 5"hia, Acting City Manager
SUBJECT: Approval of Recreation Fees and Charges
RECi''AMENDAT [ON:
Approve ordinance.
SUMMARY: These modifications to our fees and charges ordinance wouli primarily
nci"cr`ease admission charges* field rental rates, and provide the City five percent
of gross profits associated with the rental of our facilities,
BACKGROUND: We have not increased fees in the last '
suggested would provide only a !.mall increase in ouroverall erevenues eduring rthees
1985-86 FY,
r
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED.
Anyone who uses our facilities could be affected.
FISCAL IMPACT: All admission charges to the pool and tennis center would be set
at 1.00. This would provide an estimated x:,000 to $10,000 additional revenues.
We hope to uqe these additional revenues to make improvements at the swimming pool
by purchasin a water slide for our young users. Athletic field charges may bring
in an extra 1,000 in revenue and'the five pert f gross profit provision may
bring in another $2,000 due to the fact the p~ gle b%fj facilties have
already signed contracts for 1986,
Rick Svehla.
Acting City'Manager
Pre ed by' 1
Name Steve Brinkman
Title Director, Parks and Recreation
APP
Name -
Title
77 's
CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELFPNONE(817)566.8200
M E M 0 R A N D U M
TO: Betty McKean, Assistant City Manager
FROM: Steve Brinkman, Director, Parks and Recreation
DATES September 10, 1985
SUBJECT: Fees and Charges Increases
Attached is a copy of an ordinance which would make some small
changes in our fee structure for 1985-86. These changes wills
1) Add a charge which would amount to five percent of gross profits
for any use of our facilities in which profits are generated by
a sale, concession, or admission charge.
2) Increase pool rental and change all admissions to $1.00. This
is a 250 increase for children, and we hope to use th4t increase
to purchase a water slide which will be used by that age group.
Our fee would be the same that T.W.U. charges for the use of
their pool.
3) Tennis Center admission charges would be raised to match the
pool.
4) Athletic field rental charges would be modified from a per hour
to a per team cost. This change helps those groups running
touinamenti to better calculate the total cost involved. This
change will somewhat increase the fees paid.
Since we have not had a fee increase in two years, we felt some fine
tuning and simplification of our fees were necessary. We also feel
the water slide at the pool will help to increase: attendance and
give the kids a new attraction. This slide will be lease purchased
over five years using the 25¢ increase in admission cost.
Steve Brinkman
MEM00408
PARKS AND RECREATION DEPARTMENT 1 (6?., 665-82 70
1194L
NO.
AN ORDINANCE AMENDING SUBSECTIONS (A)s (B), (F)(2) AND !G) OF
SECTION 15-3.1 OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXASi INCREASING USER FEES FOR CERTAIN PARK AND
RECREATION FACILITIES; PROVIDING FOR A SEVERASILITY CLAUSE: AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I.
That subsections 15.3.1 (A), (B), (F)(2), and (G) of Section
3.1 of Chapter 15 of the Code of Ordinances are nereby amended to
read as followsi
"Section 15-3.1 Facility Fees
Tne following fees shall be cnarged and collected for the use
of the city's packs and recreation facilities is accordance with
the schedule sot forth nerein. Fees for facility supervision or
police services may be charged in addition to these fees. If any
facility, otner than concession stands, vnich ace governed by
Subsection (G) hereof, is used to generate revenue through admis-
sion charges, concessions, or the sale of products or services,
the use must first be approved by the Packs and Recreation
Department and five percent (51) of the gross receipts must be
paid to the City in addition to the following charges:
A. SWIMMING POOL
1. Season Pass $30.00 per person or $65.00 per family
1. General Admission $1.00 per person
3. Pool Rental
(a) Nun-Profit $20.00 per hour
(b) Private $25.00 per hour
(c) Professional $30.00 per hour
(d) Commercial $35.00 per hour
B. TENNIS CENTER 1
1. Season Pass $20.00 per person or $50.00 per family
2. General Admission (during posted hours) $1.00 per person
F. ATHLETIC FIELDS
2. Rentals
(a) Per Tournament Sessions $12.00 par team
G. CONCESSION STAND $10.00 per hour or 110.00 pet day or 101
of gross revenues whichever is greater."
All other subsections of section 1S-3.1 shall remain in full force
and effect.
PAG! 1
r
SECTION 11,
Tnat if any section, subsection, paragraph, sentence, clause,
phrase or Word in this ordinance, or application thereof to any
person or circumstance is held invalid by any court of competent
jurisdiction, such yiolding 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 vould have enacted such
remaining portions despite any such invalidity,
°Fl:TION III.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the day of , 1985.
i
A
MU. STEW RT, MAYOR j
CITY LF DENTON# TEXAS
1
ATUST i
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
by t
~~~~lt1L
PAGE 2
_ i
C17YofDENrOM, TEXAS WNICIPAL BUILDING / DEN TON, TEXAS 76201 / TLLEPHONE (817) 566.8200
CITY OF DENTON
PARKS AND RECREATION BOARD MEETING
MONDAY, AUGUST 26, 1985
5:30 Q.M. SENIOR CENTER
~I
MEMBERS PRESENT: Mike Campbell
John Travelle
Rita Pilkey
Willie Hudspeth
STAFP PRESENTs Steve Brinkman, Director, Parks and Recreation
Chris Smith, Administrative Assistant
Joy Hesch, Senior Secretary
GUESTS PRESENT: Lou Campbell
1. MEETING CALLED TO ORDER
The meeting was called to order by Mike Campbell.
II. APPRC'iAL OF MINUTES
On a motion of John Travelle, second of Rita Pilkey, the
minutes of the meeting of duly 22, 1965, were approved.
III. RECOGNIT1103 OF RONNIE ROBERTS AND JANE PJ"NE
Steve presented resolutions signed by the Board members,
department t-shirts, and plaques to Ronnie and Jane in
appreciation of their years of service to the Board and
community.
IV. OLD BUSINESS
None.
V. NEW BUSINESS
11 Discuss Pool Improvements:
Steve said the season for the Civic Center Pool will be
ex anded to include the month of September with the hours
being 3:30-800pm on week days and 12s30-8s3Opm on
Saturday and Suuday, If this proves successful, the swim
PARKS AND RECREATION DEPARTMENT/ (817) 666.8270
* tel. s. Parks and Reareai:ion board Heating
August 76, 1985
stage - 2
asason, hopefully, wil! begin the first of May next
year. Swim passes will Le good for only three months
from Memorial Day through Labor Day.
Improvements to the pool will include the installation of
a water slide in the five foot area and expansion of the
pool area by 25 yards to create a playground and seack
bar area.
2. Review Changes to Fees and Charges
A draft copy of proposed changes to fees and charges was
presented to the members with a discussion following.
Mike felt the part regarding field fees should be for
single elimination tournaments, and the fees for double
elimination tournaments should be negotiated. Rita moved
that the Board recommend to the City Council that these
proposed changes be approved. After Willie seconded, the
motion was passed unanimously.
3. Election of Off!cers:
Election of officers was postponed until next meeting.
VI. OTHER BUSINESS
Steve introduced Mr. Lou Campbell who attended the meeting to
voice his concerns regarding the After School Action Site
program. Mr. Campbell praised the program but requested the
maximum number of participants be increased.
Steve administered the o-~th of office to Mike Campbell.
The toar of the facilities was postponed untie the next
meeting.
VII. ADJOURN
Rite moved and Willie seco:ided that tLe meeting be adjourned.
MINU0016
Section IS-3.1 Facility Fees
VRAF
The following fees shall be charged and collected for the use of the city'o
parks And recreational facilities in accordance with the schedule set forth
herein. Additional fees for facility supervision or police aervibes may be
charged in addition to these fees. if an facility is used to enerate
revenue through admission charges concessions, or t e sale of 2 ro uets or
sere Cea t must e a ed by t e Parks an Recreat De artment an
five- percent o the gross receipts must A pa to t e city In a t on to
the following charges:
A. SWIMMING POOL: Current Proposed
1. Season Pass $25.00
pen person $30.00 per person
or $60.00 per family or $65.00 per family
2. General Admission $1.00 per adult All admissions $1.00
$ .75 per child
$1.00 per senior citizen
(60 years of age
or older & spouse)
3. Pool Rental
(a) Non-Profit $10.00 per hour $20.00 per hotr
(5 hours or more per
week)
$15.00 per hour
(3-4 hours per week)
$20.00 per hour
(1-2 hours per weak)
(b) Private $15.00 per hour $25.00 per hour
(5 hours or more per
week)
$20.00 per hour
(3-4 hours per week)
$25.00 per hour
(1-2 hours per week)
(c) Professional $20.00 per hour $30.00 per hour
(5 hours or more per
week)
$25.00 per hour
(3-4 hours per week)
$30.00 per hour
(1-2 hours per week)
(d) Commercial $25.00 per hour $35.00 per hour
(5 hours or more per
week)
$30.00 per hour
(3-4 hours per week)
$35.00 per hour
(1-2 hours per week)
Non-Denton an additional $10.00 per hoour
So TENNIS CENTER Current Proposed
2. General Admission (during posted hours)
Singless $1.00 per adult All Admission $1.00
$ .75 per child
$ .75 per senior citizen
Douhless $1.00 per adult
$ .75 per child
S .75 per senior citizen
F. ATHLETIC FIELDS:
2. Rentals
(a) Per Tournament Sessions
Unlighted $ 5.00 per hour $12.00 per team
Lighted $10.00 per hrar
G. CONCESSION STAND; $ 5.00 per hour or $10.00 per hour or
$60.00 per day $60.00 per day or
108 of gross revenues
whichever is greater
DRAFT,
f t
?J
I
DAm 09/17/85
g~TY GOWGIL REPORT FORMAT
TO: Mayor and Membere of the City Council
FROM: Rick Svehla, Acting City Man44%er
SUBJECT: ADOPTION OF AN ORDINANCE AMPADING CHAPTER 12 OF THE CODE OF
ORDINANCES TO PROVIDE FOR THA ESTABLISHMENT OF RATES FOR
RESIDENTIAL, COMMERCIAL AND DISPOSAL SANITATION SERVICE
RECOMM&HDATION:
The staff recommends approval of this ordinance.
RUMMA_ RY -
In essence, this ordinance simply changes the procedures involved in
changing the rase structure for sanitation rates by eliminating the
need to codify rate changes each time they occur. Rate schedules
will still to published and available to the citizenry through the
::ormal sources; however, the City will be sparct the expease and
effort of laving these simple changes codif Wd and ,-sprinted each
tine rates change.
MkG.fiOUND :
None
PROGRAMS, DEPr+LZ NTS GROUPS AFFECTED:
This ordinance will reduce the cost of codification and printing
currently required when rates are adjusted.
FISCAL IMPACT:
i
$1,000 annual cost savings
Res ottu sub rte
4
Rick Svehla
Prepared by: Aoting City Manager
Bill Angelo
Assistant Director of Public Works
Approved: ~4~= -
gill Angelo
Assistant Director of Public Wotke
t2b4a
12006
NU.
AN ORDINAW E AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE
CITY OF D MON TO PROVIDE FUR THE ESTABLISHMENT OF RATES FOR THE
USE OF TIM CITY'S SANITARY LAAOFILL SITE AND RESIDENTIAL AND
COMMERCIAL SANITATION COLLECTION SERVICES) PROVIDING FOR A
SEVERABILIT!f CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
SECTION I.
That section 12-5 of articlc 1 of chapter 12 of the Code of
Ordinances is amended to read as follows
Sec. 12-5. Charges for use of City landfill.
Tne charges to be paid by persons for the use of the
City's sanitary landfill site shall be in an amount
established, and as from time-to-time amended, by
ordinance as adopted by the City Councils t ordinances
and amendments thereto to be kept on tile with the City
Secretary and to be available for public inspection
during regular business hours.
SECTION it.
Tnat section 12-14(b) of article It of unapter 12 of the Code
of Ordinances is amended to read as follower
(b) The charge for collecting garbage, trash and rubbish
from each indl.vidual family unit shall be in an
amount established, and as from time-to-time amended,
by ordinance as adopted by the City Councils the
ordinance and amendments thereto to us xept on file
with the City Secretary and to oe available for
public inspection during regular business hours.
SECTION III.
Tnat section 12-20 of article III of cnapte. 12 of the code of
Urdinances is amended to read as follows
Sec. 12-20. Charge for commercial or institutional service.
(a) trasn and tu0bi:1 from premises used for buoinetap or
Institutional purposes shall be based utv n the size,
type ad number of containers in use at scan
establishments and the frequency with which
containers nre scheduled to be serviced b/ City
collectloh personnel. Such charge shall be in an
amount establisnedr and ,.s from time to tims emended,
by ordinance as adopted by the Cltv Council# the
ordinance and amendments 0ereto to be kept on Pilo
with the City Secretary and to be available for
public inspection during -egular business hours.
(b) The service charge for other commercial waste
disi,osal and collection services not otherwise
provided for pursuant to tnil seetictnr may be
PADS 1
:.j'G r o .p n; ; +
77T77
.
provided upon approval of the director of sanitation
at a cost not to exceed the actual cost plus ten
percent (101).
(c) (deleted)
(d{ (deleted)
SECTION III.
That if any section, auosection, paragrapoo sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstance is held invilid by any Court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of tnis ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION
That this ordinance shall become effective October i, 1985.
PASSED AND APPROVED this the day of 1985.
RICHARD 0. STEWART, MMAIO
CITY OF DENTON, TEXAS
ATTESTt
CHARLOTTE AL E, CITY SECRET-A-A-V
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FOAMt
DEBRA ADAMI DRAYOVI7CH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY t,t_ E7 . ^fV1 trt ti. t
PAGE 2
DATEo 09/17/85
CiT1 COUNCIL M)RT rbRKAT
TO: Mayor and Kembers of the City Council
PROM; Rick Svehla, Acting City Kanager
SUBJECT: ADOPTION OF AN ORDMANC6 ESTABLISHUG RATES JVR THE USE OF THE
SANITARY LANDFILL $ITE, RESIDENTIAL COLLECTION SERVICE, AND
COMMERCIAL COLLECTION SERVICE
Recut MENDATION:
The start recommends approval of the ordinance
SUMMARY:
The recommended rate schedules are those which :sere discussed with
the Council during th,j recent budget hearings and are designed to
cover the total cost or providing solid warts roltection and
disposal services.
The increase in residential collection rate from $8.00 to $8.50 for
a 30 day billing period represents a 6.25% increase. Increases
eiperienced in disposal and equipment costs are the primary factors
necessitating the rate increase.
In the area of commeroiel collections we have proposed a 5% increase
in the rates for sideloading collection service and a 10% increase
in roll. off collection service. The 5% increase in sideioading
collecoion sorvice mould bring our rates even with those charged by
our competition toe such service while allowing us to recover the
full cost of providing the service. The 10% increase in roll off
rates will allow us to recover full cost while leaving the rates
same 30% below our competitors.
The rroposed rates for the use of the landfill have been divided
into two categories. We are proposing to charge $1.45 per cubic
yard for all normal garbage and trash and $1.60 for all construction
material, brush, tree trimmings, etc. The reasoning behind this
differentiation is that the disposal of construction material,
brush, etc. requires more space and handling time resulting in
higher costs.
These basic rates have been used to develop flat rate tees for the
users of the landfill thet choose to purchase permits instead of
contracting for such service. We are also proposing to change the
wording on the vehicle descriptions in each flat rate category to
sore accurately reflect the types of vehicles being used to dispose
refuse at the landfill in attempt to eliminate some of the toseei we
are currently experiencing. In addition, the ordinance will require
all persons, both residents and nonresidents, using the landfill to
pay for the use of the facility.
r
17
I
City Council Report Pormt
September 11, 1985
Pags 2
BACKGROUND:
None
PROGRAMS. DRQARTKUTS OR GU,[lP4APFRCTRD:
1. The City of Denton 8•lid Wasta Depjrtment
2. All residential and comes.:ial cuatommrs
3. All user of the landfill
rISCAL IMPACT:
The proposed rates will allow the City to recover costs of providing
sanitation services and meet all debt requirements.
Res otfull ub tte
R ck Svehia
Prepared by: Acting City Kanager
Bill Angelo
Assistant Director of Public Works
Approved:
Pill Angelo
Assistant Director of Public We *6
132bg
1201E
:r!
• NO.
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE
OF THE CITY'S SANITARY LANDFILL SITE AND RESIDENTIAL AN*
COMMFRCIA% SANITATION COLLECTION SERVICES AS AUTHORIZED BY CHAPTEd
12 OF ':NE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING
FOR AN e,FFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
That the charges for the use of he city's landfill site as
authorized by section 12.5 of article 1 of chapter 12 of the Code
of ordinances are hereby cstablished as follows:
A. Individual Users
Cnarge Per Vehicle
Type of Vehicle Per Load
1. Automobiles and stat!on wagons $ 3.00
2. One-half ton pickups and
two wheel trailers $ 7.50
3. Pickup trucks with aide boards
and all other vehicles with a
carrying capacity in excess of
5 cu. yds. Dot leas than 10 cu. yds. $15425
4. Carrying capacity in excess of
I" cu. yda. but less than 15 u, yds. $23.00
5. Carrying capacity in excess c 15
cu, yds. but less than 20 cu. yds. $30.50
6. Carrying capacity in excess of 20
cu. yds. but less tnan 30 cu. yds. 147.00
7. Carrying capacity in excess of 30
cu. yda. but less than 40 cu. yda. $61,u'
S. Carrying capacity of 40 co. yds,
or more $76.00
4. For the disposal of eacn vehicle
tire, in addition to the above charges $ 1,00
B. Regular Commercial Urers
The City Manager may approve contracts with private commerciaL
collection service companies for regular use of the sanitary
landfill site at the following ratesi
Residential and commercial garbs a $ 1.15 cu, yd.
Rubbish (trash) $ 1.60 cu, yd.
All such contracts may contain such conditions of operation,
disposal and delivery as necessary for the efficient operation of
the landfill site and the method of billing and collecting for
such use.
PAGE 1
SECTION II.
That the charges for residential garbage collection xtcvizas
as authorized by section 12-19(b) of article It of Chapter 12 of
the Code of Ordinances is hereby established in the amount of
Eight Dollars and 50 Cents ($8.50) for each individual family unit
for a thirty day period.
SECTION :II.
That the charges ►or commercial a,.d institutional garbage
collection services as authorized by section 12-20 of article III
of cnapter 12 of the Code of ordinances is hereby established as
followse
RENT SERVICE CHARGE
PER 30 DAY PERI00 PER 30 DAY PERIOD
2 Yard rumpster S 6.05 $ 7.81
3 Yard Dumpster $ 6.05 $ 11.50
4 Yard Dumpster $ 6.05 $ 15.41
6 Yarri Dumpster $ 7.50 $ 23.12
B Yard Dumpster $ 7.75 $ 30.80
10 Yard Dumpster $ 8.00 $ 38.50
12 Yard Dumpster $ 8.50 $ 46.20
20 Yard Open Top $37.65 $180.00
30 Yard Open Top $42.50 4341.00
40 Yard Open Top $47.25 $402.00
12 Yard Compactor $83.00 $177.00
15 Yard Compactor $85.00 $197.00
20 Yard Compactor $110.00 $236.00
25 Yard Compactor ' $110.00 $284.00
30 Yard Compactor $',50.00 $341.00
42 Yard Compactor $:68.00 $468.0"
SECTION IV.
That this ordinance shall become effective OCtObtf 1, 1985.
PASSED AND APPROVED tnis the day of , 1985.
RICHARD TE ART, MAYOP
CITY OF DENTON* TEXAS
ATTEST:
A T'AL CITY SECRETARY
CITY OF DENTONo TEXAS
APPROVED AS TO LEGAL FORMe
DEBRA ADAMI DRAYOVITCHf CITY ATTORNEY
CITY OF DENTONO TEXAS
eye
irv1H
PAGE 2
i
LEGAL. DEPARTMENT
MEMORAVDUM
Dtbra Adami Drayovitch, City Attorney
Joe D. Morris, Assistant City Attorney
AoDert 8. hunter, Assistant City Atrorney
TO: Rick Svehla, Acting City Manager
FROM: Joe D. morris Assistant City Attorney
DATE: September 6, 1985
SUBJECT: New Legislation; Amended Definition of Junked Vehicles
House Bill No. 875 effective August 26, 1985, amends Article V
("Abandoned Motor Vehicles") of Article 4477-9a (V.T.C.S.), the
Litter Abatement Act.
Section 5.01(5) of the Act, defining "junked vehicle" is amended
so as to broaden the application of the statute to motor vehicles.
A motor vehicle which is inoperativep is wrecked, dismantled,
partially dismantled, or discarded) and does not have lawfully
affixed to it either a unexpired license plate or a valid motor
vehicle safety innsspection certificate, is now classified as a
"junked vehicle." Prior to this amendment, the motor vehicle had
to have both an expired license plate and an expired safety
inspection certificate to be classified as a junked vehicle.
The amendment also classifies motor vehicles as "junked vehicles"
if they are inoperable for a continuous period of more than 45
days. Prior to this amendment they had to be inoperable for a
continuous period of 120 days.
The amended statute also deletes the requiremr,nt of Section
5.09(i), which specified that a city adopt!ng the proceduren for
the abatement and removal of junked vehicles must provide for the
filing of a complaint concerning a public nuisance in municipal
court if the junked vehicle is not removed and abated and a
hearing is not requested within the ten day notice required to be
given by the statute.
Rick Svehla
September 6, 1985
Page 2
We have prepared the attached ordinance amending our present
junked vehicle ordinance to comply with the amended statute.
e..t
J D. MORRIS
JDM:jc
Ac: Ron Rais
Attachment
~I
I CONCUR WITH THE FOREGOING:
0 EBRA A. CH
NO.
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS TO PROVIDE FOR AN AMENDED DEFINITION
OF JUNKED VEHICLES? AMENDINC THE AMOUNT OF THE PENALTY FOR
VIOLATIONS FOR MAINTAINING JUNKED VEHICLES TO PROVIDE FOR A
PENALTY IN AN AMOUNT NOT TO EXCEED $1,000.00; AND PROV.DINC FOR
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
Tnat Section 14-26 of Division 2 of Chapter 14 of the Code
of Ordinances of the City of Denton, Texas, is amended by
amending the definition of junked motor vehicle as followsi
Junked vehicle means a motor vehicle as defined in
Article - 1, Vernon's Texas Civil Statutesi
(1) that is 1noperat)vej and
(2) that does not h;:-.e lawfully affixed to it either an
unexpired license plate or a valid motor vehicle
safety inspection certificate, tnat is wrecked,
dismantled, partially dismantled, or discarded or
(3) that remains inoperable for a continuous period of
more than 4S days.
SECTION It.
That Section 14-31(s) of Chapter 14 of the Code of
Ordinances of the City of Denton, Texas, is amended to read as
follows:
Sec. 14-31. Filing in municipal court.
(a) If the person ordered by the administrator or ooard
fails to abate or remove a junked mot,)r vehicle, or
a part thereof, and fails to request nearing before
the board within the time required, oc, if after a
hearing before the board, the board orders removal
of the junked motor vehicle, or part thereof, and
the person so ordered fails to comply with such
order within tan (10) daya, the administrator may
cause to as filed a complaint in municipal court.
A person found guilty of any provision of this
division shall be punished by a fine in an amount
not to exceed one thousand do)lars ($1,000.00).
Each day or. whion a violation of tnis division
occurs shell constitute a separate offense.
3
7
SECTION III.
That this ordlnsnc•- stall become effective fourteen (14)
days (COA the date of its possage, and the City Secretary is j
h9reby directed to cause the caption of t.tis 3rdinance to be
published twice in the Denton Record-Chronicle, the official
PAGg 1
newspaper of the City of Denton, Texas, within ten W) days of
the date of its passage.
PASSED AND APPROVED this the day of 1985.
RICHARD . STEW-ART, MAYOR
CITY OF DENTON, TEXAS
ATTE3To
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMi
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
CITY OF DENTON, TEXAS
{(](rq
BY $
PAGE 2
69th LEGI9LATURLr -REGULAR BFUION Ch. 633
MGTOIt VEHICLES-JUNKED Bg V IC ANCBEFIj+MON
AND CHAPTER 833
H. B. No. 875
AN ACT
relating to certain +0t0r vehicles rablx t to L1e Texas Litter
Abatement Act.
sit it LNAcrtfi 6T Tag L901SLAMM Or TFS STATS OS TEXASr
StCTiON 1. Section 5.01(5), Texas Litter Abatement Act
(Article 4477-9a, Vernon's Texas Civil Statutes), is aaendeO to
read as follower
(S) 'Junked vehicle' means s motor vehicle as defined in
Section V, Chapter 42, Coneral Law, Acts of c2ss 41st Legiela'AIrs,
Tod Called Session, 1929 (Article 6701d-11, Vernon'a Texas Civil
Statute$)II-4kstlr
(A) 295 is inejperstivsi and Ill
it) thet does not have lawfully affixed to it jj&b-j( 1"%X)
an unexpired license plate U (eadl a valid rotor vehicle safety
inepectiun csrtificste, (anal that is wrecked, dismantled,
partially dismantled, or discArdeds Ill or 1f 195
IINI remains inoperable for a continuous period of mars
than 11 (tool days,
SECT1oN 2. Section Taxes Litter Abet-sent Act
(Article 4477.9x, Vernon's Texas Civil Statutes), is repealed N
stCT:om 3. The importance of this legielstion and the
irowded condition of the calendars In both houees treats an
emergency and an Imperative public necessity that the
constitutional rule rpuiring bills to be toed on these several
days in-each Nauss be suspended, and this rule is b.,eby suspende,t,
and that this Act take Watt and 1a In Core* from serf alter its
passage, and It to so enacted.
Passed br the Houto un May 16, INS, by a non-record vote; passed by the Senate 05 )fly
71,1985: less 81, Nays 0.
Approved June 12, 1965.
Effactlve Aug. 26.19U. 90 days after data of adjournment
IS Vernoa's Ann.CirSt sat NT7-9a t S.Ot(bl
K VerWa's AnnCWSL •R 44T7-9t, Sol).
repes:0i
Atid(tkns in text indicated by underline; de(d ,ns by (athk8AQj
;tip .
7 e,
'i
.
NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING 911E SUBDIVIS'ON
AND LAND DEVELOPMENT REGULATIONS (APFENDIX A) OF THE CODE OF
ORDINANCES TO PROVIDE FOR REQUIRED LOCAL LIFT STATIONS OR FOIICE
MAINS TO SERVE DEVELGPMENTS; PROVIDING FOR PRORATA REIMBURSEMINT
TJ DEVELOPERS FOR THF. COSTS THEREOF; PROVIDING FOR PRORATA CHARGES
FOR PERSONS CONNECTINO TO OR USING SUCH FACILITIES; REPEALINQ THE
PROVISIONS Of CHAPTER 25 OF THE CODE OF ORDINANCES ON EXTENSIONS
OF WATER AMD SL14ER RAINS; PROVIDING FOR A PENALTY FOR VIOLATIONS
THEREOF IN A MAXIMUM AMOUNT OF $200.00; PROVIDING FOR A
SEVERABI:.ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THR COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY O"A1NS:
SECTION 1
That Article 4.09 (0)(1) o` Chapter IV of Article III of the
Subdivisicn end Land Development Regulations (Appendix A) of the
Code of Ordinances is amended to read as follows:
(1) Development Heins and Facilities: Developers shall pay
the actual cost of all water and sewer main extensions, lift
stations or other necessary facilities required to serve their
development., in accordance with the City's Matter Utility Plan and
the provisions of this Code. A developer may appeal a
determinRtion of the required facilities to the Planning and
ZoninS Commission after a rsccmmsndation is made by the Public
Utilities Board.
SECTION It.
That Article 4.09 (B)(3) of Chapter IV of Article III of the
Subdivision and Lend Development Regulations (lppendix A) of the 3
Code of Ordinances is amended to read as follows:
(9) Pro Rats Reimbursement Due Uavsloper: Where water of
sewer main extensions, lift stations, force mains, or other
necessary voter or sewer facilities are installed by a developer,
the develuper stall be entitled to reimbursement of the coot of
such facilities from prorata charges paid by persons connecting to
or making use of such facilities to serve their property, in
accordance with the provisions of this article. In no cue,
however, shall developer receive rels:butsement in excess of the
cost of the facilities.
i
ans~r~w!s r
SECTION III._
That Article 4.09 of Chapter IV of Article II: of the
Subdivision and Land Development Regulations ;Appendix A) of the
Code of Ordinances is amended by adding new paragraphs (a) and (N)
to read as follows)
(d) Reimbol sement foc Lift Stations or ores alnsr
(1) Any developer who bears the cost of lift stations or
force mains tv serve a development shall be entitled to
caimbursement for such costs from prorate connecr:on or use
charges paid to fns City, in accordance with this article, by 'any
person who makes Jae of such lift stations or force mains within
twenty (20) years if the date such facilities ate accepted by the
city.
(2) TJie maximum reimbursable cost paid to a developer by
the City from protata charges collected from persons connecting to
the facilities constructed by a developer shall be based upon the
cost of pcovidlag capacity for the facilities in excess of the
capacity required or reserved by the developer to meet the
requirements of the developet's Property& for which the facilities
were installed, determined as followsr
CQU 1
REIMBURSEMENT ■ CAPACITY" x ECAp3
iTotdl cost of facility.
horal capacity, in gallons per minute (g.pama) of the
facility.
3eapaelty, in gallons per minute (g.p.m.), in excess of
capacity reserved or requite6 by developer's property.
(3) Reimbursement Costs shall be payable to developer within
thirty (30) days of receipt of prorate Charges collected by the
city.
pilot to the beginning of constructior of any facilities
for which reimbursement is provided foc herein, a developer who is
eligible for caimbursement, shall enter into a prorata relmburse-
ment agreement with the City. The agreement shall specify and
PACK 2
7177.1
describe the location and .yP* of facilities; the estimated cost
thereofi projids for the determination of actual reimbursable
coati and contain sucn other provisions necessary to ccaplp with
the provisions of tnis article and all other applicable
ordinances, specifications of requirements of the City.
(H) Prorate Cost Cnafees for Ust of SaniNlrv Sewer Lift
Stations or Force Mains Instnlled_SY Developers
(1) Every person wno connects to, or makes use of, a san$tary
sewer lift station or force main, the cost of which was incurred
by a developer and for which a prorate reimbursement agreement rise
ueen enured into between the City and such developer, snall, as a
condition to sucn connection or, use, or continued use, pay to the
City a prorate cost cnarge based upon the use .,f the excess
capacity of the facility, determined as followas
Av Da 1Y Flowl x_1.5 ! x N 3 x it4te4
1440
lAverage daily flow - the projected average daily sew-
age flow from each building, structure or particular land
use. For single family residential buildin;s the ?ro-
jected average daily sewage flow of 312.5 gallons per day
(g.p.d.) shall be used (based upon 2,S persons per build-
ing X 125 Q.p.d.) For other land uses, the projected
average daily sewage flows Shall be based upon the U. S.
Environmental Protection Agency's, or its su:cessor
agency, most recwnt listing of sYefage sewerage flows
for various land uses or facilities, or any other
national or state listing of sucn sewsya flows
recognized in the utility industry, as determined
approprlitu by the Director of Utilities.
21,5 - ratio of peak flow to average daily flow.
3N - number of buildings, structures, units or
particular land uses On which the projected average
daily sewage flows are based.
4Rate - the gallon per minute (gep.me) cost of
providing the sewage capacity used, determined as
followas
total cost of facilit
cola-T c`apc[ty l9eP~0e
51440 - the minutes in a 24-hour day
PAGE 3
111N 7il
I
(2) The tni:ont of this section (H) is to provide for an
equitable prorata charge to persons making use of lift stations or
force mains constructed UOder the provisions of this article,
based upon the average daily projected sewage flows and peak
sewage flows of particular buildings, structures and land usee.
to cases where the prorate charge calculated in accordance
with this section (H) would not be equitable, because the actual
average daily sewage flow or peak flow from a particular building,
structure or land use is much greater or settler than the normal
projected average daily flow or peak flow on which such prorate
charge is based, the Director of Utilities ray, based upon
evidence of such greater or smaller actual daily sewage flow or
peek flow, require a payment of a greater or smaller prorate
charge as a condition to the connection to, use of, or continued
use of, a lift station or force main which is subject to a prorate
reimbursement agreement. In such cases, the Director of Utilities
shall give written notice to such person required to make such
prorate payment of the basis for the ittual prorate charge, and
such person, may, within thirty (30) days thereafter, appeal such
determination to the Public Utilities Board. The Board shall,
within a reasonable time thereafter, m4s a determination of the
actual prorate chatgY to be asseseed and paid.
SECTION IV.
That Article V ("Extension of hater and Sewer Mains") of
Chapter 25 (Sections 25-74 to 25.79) of the Code of Ordinances is
hereby tepealed, said Article to be reserved for future use.
SECTION V.
Any person who shall violate a provision of this ordinance, or
faila to comply therewith or with any of the requirements thereof,
shall be guilty of a misdemeanor punishable by a fins not
exceeding Two Hundred Dollars ($200.00). Each such person shall
•.a loomed guilty of a separate offense for each u,:; every day or
PAGE 4
f.
IV-
ld~
M1i 777"W r f~.~
7.P '77TR 1 11
i r, r ir! 1"fit. + 1 F .r '9i N~ y
F
portion the n of during which any violation of this ordinance is
co"itted, or continued, and upon conviction of any such
violations such person shall be punished within the limits above-
I POVI.
SEC
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstance is hale invalid by any court of competent
Suriediction, such holding shill not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hers''jy dtflarpe it va.ld nave enacted such
remaining portions despite any such invalidity,
SECTCTI~ N_
That this ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby
dl-acted to cause the caption of 01s ordinance to be published
twice in the Denton Record -Chroniclo, the official newspaper of
the City of Denton, Texas, wi0tn ten (10) days of the date of its
passage. 1485.
PASSED AND APPROVED this the day of
ifTL'F~f i~S?~
CITY OF DENTON, TEXAS
ATTEST:
C , `al'9'" EL9(M A4
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
CH, CITY ATTOKNEY
DEBRA Of DENTONp TEXAS
CITY
BY:
PAGE 5
'r.,
Nelson encouraged the Board ssible , The rutility nstaff
management study as soon as po
would recommend a full management auditp rather than a
self-evaluation study.
Coomes thinks that there is a tremendous advantage to
conducting a self-evaluation study coordinated by
consultant which would meet the charter requirements, He
indicated that the City would save money anii the new City
Manager would have a document to draw upon if changes were
needed.
The Board asked John Thompsonlk with an inviteia
management professor to a speclal ca
two week to discuss the proposed management study.
9. DISCUSSION OF RATE ISSUES.
Cryan presented this item to the Board indicating that he
anticipated a need for a two to five percen increase would
the Electric rates. The two percent percent
probably affect industrial customers and the five increase would affect residential customers. This increase
will help achieve equalization of cost allocation among
various customer classes so as to avoid subsidies by ono
customer class to another.
Nelson indicated a water and wastewater rate increase was
unlikely.
The Board expressed interest in giving discounts for prompt
payments.
100 CONSIDER NEW PRO RATA ORDINANCE FOR LIFT STATIONS,
Nelson presented this item to the Board.
Coames made a motion to recommend to the City Council
a proval of the new pro rata ordinance for lift stations.
Than oson seconded the motion. Motion carried,
ll. UPDATE ON ECA.-
Cryan presented this item to the Board, He recommended no
change in the energy cost adjustment. Revenue indicators ues suggest that electric reven ed ex iilrlse be sufficient to
recover the excess energy elape.
12, CONSIDER CHANGE ORDER #I BID #9354 8 MGD PUMPING UNIT AND
Nelson presented this item to the Board,
1 T7Z.~ 1~L fP & Z MinuteA
August 28, 1995
Page 12
D. AN ORDINANCE OF THE CITY OF DENTON TEXAS AMENDING THE
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS APPENDIX A)
OF THE COD is to provide or required local
t a a ons or orce mains to serve developmental pro-
(UNAPPROVED) viding for prorata reimbursement co developers for the
costs thereofl providing for prorata charges for persons
connecting to or using such facilities) repealing the
provisions of Chapter 25 of the Code of Ordinances on
extensions of water and sewer mainal providing fear a
enalty for violations thereof in a maximum amount of
200.00; providing for a severability clausal and pro-
viding for an affective date.
STAFF REPURTt Mr. Ham asked Commission to approve a new
yro-ra s ordinance for lift stations. He said the ordi-
nance would authorise city to collect and return c ,ies
to a developer who builds a lift station or force main
with extra capacity and other developers tie onto it.
He said this has been done in the past as a policy but
no ordinance exists. The ordinance would also repeal
Sections 25-14 to 25-19, Article V, of Chapter 25 which
refers to extensions of water and sewer mains. The Public
Utilities Board has recommended approval of the ordinance.
He continued that this is a draft ordinance requiring minor
changes, that these changes will be made prior to City
Council accion.
IN FAVORt None present.
OPPOSEDi None present.
Public hearing closed.
DECISION: Mr. Juren moved to recommend approval of an
ordinance of the City of Denton, Texas amending the Sub-
division and Land Development Regulations (Appendix A) of
the Code of Ordinances to provide for required local lift
stations or force mains to serve developments{ providing
for prorata reimbursement to developers for the costs
thereof; providing for prorata charges for persons
connecting to or using such facilitibel repealing the
provisions of Chapter 25 of the Code of Ordinances on
extensions of water and sewer mains; providing for a
penalty for violations thereof in a maximum amount of
$200.001 providing for a se.verability clausal and pro-
viding for an effective date. Seconded by Mr. Appleton
and unanimously carried (6-0).
r.
k
NO.
AN ORDINANCE LEVYING THE AD VALOPM TAX Of THE CITY OF pENTON
TEXAS, FOR THE YEAR 1985, AT THE RATE OF $ PER $lOO.CO,
A
SSESSED EVALUATION ON ALL TAXABLE PROPERTY WI's-THE CORPORATE
LIMITS OF THE C ON JANUARY is 1e N EXEMPT BY I
PROVIDING REVENUE$ TFOR PAYMENT OF CURAENTSMUNICIPAL EX ENSES,LAND
FOR INTEREST AND SINKING FUND ON OUTSTANU!NG CITY OF DENTON
80NOSI PROVIDING FOR LIHITED EXEMPTIONS OF CZRTAIN HOASSTEADyt
PROVIDING FOR ENFORCEMENT OF COLLECTIONSt PROVIDING FOR A
SEVERABILITY CLAUSEI AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINSt
SECTION I.
Tnat by authority of the Charter Of the City of Denton,
Texan, and the Laws of the State of Texas, there is nor4Dy
levied for the year 1985, on all taxable property situated
within the corporate limits of the City of Denton on the first
day of January# 1985, and not exempt by the Constitution and
Laws of the Stake of Texas or by Section 2 of this Ordinance, a
tax o: S on each $100.00 assessed value of all taxable
property.
SECTION II.
That of the total text _ or, each $100 of assessed
value shall be distributed to the Geljoeal Fund of the City to
fund maintenance and operation expenditures of the City.
SECTION III.
Tnat of the total tax, ` on each $100 of assessed
value shall be distributed to pay the Cityts debt service as
pLivided by Section 26.04(s) (3) of the Texas Property Tax Code.
SECTION IV.
That pursuant to Article VIII, Section 1-b of the Texas
Constitution, $5,000.00 of the assessed value of resident
homesteads, shall be exempt from City a3 valorem taxes,
SECTi V.
Tnat pursuant to Article VIII, Sectioe 1-b of the Texas
Cone►.Cution, $16,000.00 of the assessed value of resident
PAaB 1
nomesteads of persons sixty-five (65) years of age or older,
shall be exempt from City ad valorem taxes,
SECTION VI.
That foc enforcement of the collection of taxes nettoy
levied, the City of Denton shall nave available all rights and
remedies provided by law.
SECTION VII.
That if any section, subsection, paragrapn, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstanced is nerd invalid by any court Cf
competent jurisdiction, sus; holding shall not affect the
validity of the remaining portions of tnle ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remainins portions despite any such
invalidity.
SSCTIOH Vill.
That this ordinance snail be effective upon its passage and
approval.
PASSED AND APPROVED this the day of September, 1995.
R ARD 0. TE ARTe M
CITY OF DENTON* TEXAS
ATTESTS
CHARLOTTE ALLM IT TA
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMs
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BYS
PAGE 2
NO, AN ORDINANCE ADOPTING SHE BUDGET FOR THE CITY OF DENTON, TEXAS,
FOR TPE FIS,A1, YEAR BEGINNING ON OCTOBER 1, 1985, AND ENDING ON
SEPTEMSCR 301 1966 AND DECLARING AN EFFECTIVE DATE.
WHEREAS, notice of a public nearing on the budget for the
City of Denton, Texas, for the fiscal year 1985-86 was hereto-
fore puolisned at least fifteen (15) days in advaice of said
public hearings and
WHEREAS, a public hearing on the said budget was duly held
on the 10th day of September, 1985, and all interested persons
were given an opportunity to be heard for or against any item
th.ereofl NOW, THEREFOREO
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSI
SECTION I.
The Budget for the City of Denton, Texas for the fiscal year
beginning on October 11 1985 and ending on September 300 1986
prepared by the city manager and filed with the City Secretary,
as amended by .he City Council is hereby approved and adopted.
SECTION It.
That the departmental appropriations for the City of Denton,
Texas, for the fiscal year beginning October 1, 1995 and ending
September 30, 1986, from said budget are hereby approved and
adoptedi
REVENUES
FUND A.14N NT
General Find !
Sanitation Operations
Electric system
water i Sewer System
Working Capital Funi
General Debt Service Fund
Revenue Sharing
Recreation Fund
General Project Fund
TOTAL REVENUES . . . . S
PAGE 1
EXPENDITURES
FUND DEPARTMENT AMOUNT
General Fund General Government i
General Fund Building Operations
General Fund Operations Analysis and
Energy Management
General Fund word Processing Center
General Fund Legal
General Fund Personnel
General Fund Emergency Management
General Fund Planning 6 Development
General Fund Data Processing
General Fund Airport
EXPENDITURES
FEND DEPARTMENT AMOUNT
General Fund Finance
General Fund Publio Works
General Fund Police
General Fund Animal Control
General Fund Fire
General Fund Parks 6 Recreation
General Fund Library
General Fund Contributions Other Agencies
General Fund Miscellaneous
TOTAL GENERAL FUND EXPENDITURES . . . . . :
FUND AMOUNT
Sanitation Operations f
Recreation Fund
Electric system
water 6 sewer System
Working Capital Fund
Revenue Sharing Fund
General Debt Service Fund
General Project Fund
TOTAL . . . . . . . . e . . . . ! . . . . . . . 1
SECTION III.
That the City Manager is hereby authorized to tranfer the
amounts of money contained in the Reserve for Salary Adjustment as
contained in the 1995-56 budget to the various departments as
needed for the purpose of Implementing the proposed pay plan as
approved by the City Council for tat 4sneral fund employees.
PAGE 2
SECTION IV.
That the City manager shall cause copies of the budgmt to be
filed with the City Secretary and the County Clerk of Denton
County.
SECTION V.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof tc any
person or oircumstances is held invalid by any court of competent
jurisdiction, s:wh holding shall rot 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 despite any sucn invalidity.
SECTION u1.
That this ordinance shall be effective upon its passage and
approval.
PASSED AND APPROVED this the day of September, 1985.
RICHARD A,. STEWARTj AXY64
CITY 0! DENWN, TEXAS
ATTESTt
CHARLOTTE ALLENr CITY SE:RETAHY
CITY OF DENTON# TEXAS
APPROVED AS ~0 LEGAL FORmt
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
By t
~ ~ i i 1 Rf~'i
PAGE
CITYof QENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
M E M O R A N D U M
DATE: September 12, 1985
T0: Rick Svehla, Acting City Manager
FROM: John F. McGrane, Director of Finance
SUV ECT: ORDINANCE RAISING PURCHASING LIMITS
The state law has been changed to allow cities over 50,000
population to raise from the maximum amount allowable of $5,000
to $10,000 prior to instituting the formal bidding procedure.
This ordinance would allow the City to raise its limits from the
current amount of $5,000 to $10,000 as allowed by the new state
law.
This ordinance also provides the changing of the City's current
policy which requires that between the amount of $500 and
$5,000, an informal bidding procedure take place. With the
change, the limits would thereby be raised to $1,000 with a
maximum Lop of $10,000. At the $10,000 level, the formal bid
process would again be instituted.
If you have any questions in this regard, please advise.
'sue
yI thane
JFMcG:ab
15S3F/S
~a~
~iA A y ~A ` S..A
K 0046L
NO.
i
AN ORDINANCE AMENDING VARIWS SECTIO.iS OP ARTICLE III OF CHAPTER 2
OF THE CODE OF THE CITY C;? DENTON PROVIDING FOR PURCHASING
PROCEDURES; AUTHORIZING THE EXPENDITURE OF FUNDS FOR ALL BUDGETED
ITEMS NOT EXCEEDING TEN THOUSAND DOLLARS (=10000.00) BY THE CITY
MANAGER; PROVIDING FOR ALL CONTRACTS CALLING FOR THE EXPENDITURE
OF TEN THOUSAND DOLLARS ($10000.00) OR MORE TO BE APPROVED BY THE
CITY COUNCIL; REPEALING ALL ORDINANCES IN CONFLICT; AND DECLARING
AN EFFECTIVE uATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSt
SECTION I.
That Sections 2-34, 2-359 2-36, 2-37 and 2-38 of Article III
of Chapter 2 of the Code of the City of Denton, Texas are hereby
amended so that hereafter said Sections shall be and read as
followst
Section 2-34. Emergency Purcnase by Purchasing Agent
(a) Should an emergency arise in any dopartment requiring the
immediate purchase of an article, service or thing involving an
expenditure of Ten Thousand Dollars ($10000.00) or leas, the
department head shall immediately report the emergency to the
Purchasing Agent, who with the approval of the City Manager, may
Immediately solicit bids by telephone or otherwise and award such
order to the lowest and bust bidder for immediate delivery.
Section a-35. Purcnases based on Value-Procedures
(a) No standard procedure stall bs required for purchases under
One Thousand Dollars ($1,000.00), in valuel provided however, the
purchasing Agent shall in all cases reasonaoly satisfy himself in
every instant that such purchases are made at the lowest possible
evaluated cost to the City, The Purchasing Agent may authorize all
department heads to make purchases under Fifty Dollars ($50400).
(b) All purchases in an amount between One Thousand Dollars
(:1,000.00) and Ten Thousand Dollars (:10,000.00) shall be made by
the Purchasing Agent, after giving reasonable notice and
opportunity for competitive bidding, by soliciting verbally, by
PAGE 1
i;. a~ ~.~*yi vs.. e i~" 7 7,.r•. s'\ :.y.
r`
telephone, by telegraph or letter as no may determine, not less
than three (3) proposals, In the event that three (3) independent
vendors are available, and if less than three (3) vendors are
available, then the Purchasing Agent mall secure such bids. as
will, in his judgment, insure that the City is purchasing the
article, service or thing desired to be purchased at the lowest
possible evaluated cost to the City.
in the event that there are no standard specifications for the
article, service or thing to be purchased, the purchasing Agent
shall prepare specification, where practical, subject to the
approval of the City Manager.
The Purchasing Agent snail nave the authority to award
purchases in an amount between One Thousand Dollars ($1,000.00)
and Ten Thousand Uollars (:10,000.00) to the lowest and best
bidder with the approval of the City Manager. The City Manager
shall nave authority to authorize expenditures without the
approval of the City Council for all budgeted items not exceeding
Ten Thousand Dollars ($10,000.00).
Section 2-36. Purchases over Ten Thousand Dollars
All purchases of Ten Thousand Dollars ($10,000.00) or more,
including those for cu:-ent budgeted supplies and expenditures,
shall be made by the Purchasing A99nt in response to sealed bids
received by him and based upon specifications therefore approved
by the City Manager, the original of which shall be filed in the
Purchasing office for use and inspection by the public.
The notice inviting bidi on any article, service or thing,
together with the specifications, shall be posted on a bulletin
board provided for that purpose outside of the Purchasing office
and in the Municipal Building of the City.
in addition to posting the invitations to bid on said bulletin
board, the Purcnasing Agent snail send out invitations to biCdors
by 3et,er, telephone or telographi and he shall Cause such
PAGE 2
invitation to bid to be published in thn official newspaper of the
City not less than two (2) times.
The invitation for competitive bids shall fix a definite date
for which the bid will be opened which shall not be lees than seven
(7) days from the date of the second publication of such invitation
in the official newspaper of they City.
Tne sealed bids shall be received in the Office of the
Purchasing Agent and opened by him at the advertised time, and the
Purchasing Agent shall tabulate the bids and make a recommendation
to the City Manager at to the lowest and best bid.
All expenditures of more than Ten Thousand Dollars (110,000.00)
shall be approved by the City Council, and the City Council may
accept the lowest and best bid, or may reject all of the bids and
authorize the Purchasing Agent to readvertise if none of the bids
are satisfactory in the opinion of the Council.
All invitations to bidders shall state that the Citip reserves
the right to reject any and all bids.
Purchases, as used herein, does not include the personal
services.
Section 2-37. Purchases from Bond funds
(a) The procedures specified in this Chapter for purchases
shall be followed for all purchases, regardless of amount,
involving contracts for the purchase of annual requirements and
purchases from bond fundsl and all procedures for purcnases of
more than Ten Thousand Dollars (110,000.00) shall be governed by
the Laws of the State of Texas relating thereto, tho Charter and
Code of the City of Denton.
section 2-38. Personal Service Contracts
(a) All contracts for personal or professional serviced
calling for an expenditure of Ten Thousand Dollars {110,000.00) ."r
loss, may be authorized by the City Manager without the approval
of the City Council. All contracts for personal or professional
PAGE 3
boar
I 6 4_f ~Y .`n 1: 41
17,
Pi
services calling for an expenditure of more than Ten Thousand
Dollars ($10,000.00) must be submitted to the City Council for
approval.
(o) All contracts for personal (it professional services of Ten
Thousand Dollars ($100000.00) or ltss shall be on form contracts
or contracts prepared and approved by the City Attorney.
(c) All contracts for personal (it professional services of Ten
Thousand Dollars (110,000.00) or sore shall be prepared by the
city Attorney or approved by trio City Attorney if prepared by
someone other than the City Attorney.
SECTION II.
All provisions of any ordinan-:a of the City of Denton or
provisions of the Code of Ordirnar.cam in conflict herewith are
hereby repealed.
SECTION III.
This ordinance mall become effective from and after its date
of passage, and it is so ordained.
PASSED AND APPROVED this the day of , 1985.
RIB RF -D 1S. 5 EYWART, MAYOR
CITY OF OENTON, TEXAS
ATTESTS
CHARLOTTE ALLEN, iTY 527RE~ T~
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY I U
PAGE 4
r'v LF, . s r,• r , r ,
,-a LW vl r r'r,
i September 170 1985
CITY COUNCIL AGL•NDA ITEM
TU: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
SUBJ: CONSIDER RESOLUTION ESTABLISHING A $60,000 SIX MONTH LOAN
FROM THti UTILITY S1STL1 FUND TO THE DENTON 1IRPORT.
RECOAMENDATION
The Public Utilities Board, at their meeting of August 21,
19850 recommended to the City Council approval of subject
Resolution establishing a $60,000, six month loan at 81
interest from the Utility System Fund to the Denton Airport.
SUVA AR I /BA(:K_~__~~_GROU_N D
Attached is a letter from Mr. Bill Angelo, Asst Director
of Public Works, requesting a six month loan of $60,000 for
water and street improvements at the Airport. The Airport
plans to pay this back at the end of the six month period.
Interest will be charged at a rate of eight (81) percent.
This loan is very similar to the $300,000 loan made by the
Electric System Fund for the constructing of the "U" Turn
at Loop 288 and I-35 in 1980.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Denton Municipal Utilities, Municipal Airport, Citizens.
FISCAL IMPACT
Loan $60,000
Terms 81 Interest- Payback of 6 months
Prepared by: Reac ly s mitted,
lid
R. E. Nelson
Director of Utilities ty manager
Ap ove
Nelson
Director of Utilities
EXHIBIT I Proposed Kesolutlan
11 Memo- Request from Public Works 8/19/85
III Minutes PUN Meeting of,$/21/85
77
t L L~' Vtr i 5
~S80LU_T I OII
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THATs
WHEREAS, the Denton Municipal Airport is in the process of
improving street and water facilities at said airport; and
WHEREAS, in order to meet the obligations of said improvements
it is necessary to receive additional fundinlt NOW, THEREFORE,
BE IT RESCLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXASs
SECTION I.
That the project entitled "Airport Street and Mater Line
Improvement' is hereby approved for the Denton Airport.
BECTION_I1.
That the City Manager is authorized to transfer the sum of
Sixty Thousand Dollars ($60,000) front the. Electric Department cosh
assets of the Utility System fund to the Denton Airport fund to a
loan to be repaid to the Utility Department by March 15, 1986,
i with interest at the rate of eight (8) percent per annum.
PASSED AND ?PROVED this the day of , 1985.
RICHARD . TLWART, YOR
CITY Of DENTON$ TEXAS
ATTESTt
CRARLOTTE , CITV SECRETARY
CITY Of DENTON* TEXAS
APPROVED AS TO LEGAL PORMt
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
i
aye ,(~CIY';. "~tt~ue ~c:i'ir T,k !
I
i
i
J!
777717
Excerpt from
MINUTES
PUBLIC UTILITIES BOARD MEETING
August 21, 1965
CONSIDER RESOLUTION ESTABLISHING A 60 000 SIX-MONTH LOAN
Nelson informed the Board that the Resolution formally
committed the Airport to re pay the funds. A similar
resolution had been used in the past to ?ovide
end I funds for
the Service Center and the U-turn at Loop
Thompson made a motion to recommend the Resolution for
• adoption by the Council. Second by Coomes. All ayes, no
nayes. Motion carried.
3905U:2
0516E (1!L)
R h S O L U T I U N
WHEREAS, the City of Denton 11-15 notified all the banking
institutions within the City of its Intent to receive old
applications for the custody of city funds for a term beginning on
October 1, 1985, and ending on September 30, 1987: and
WHEREAS, the City of Denton has received bid proposals from
DanKing institutions within the City desiring to be designated as
a aepository of city funds and
WHEREAS, after sucn opening the City Council found on the
rasis of the bid proposals that of
Denton, Texas has submitted the proposal offering the most
favorable terms and conditions to the city for the handling of
sucn funds, now, tnerefore,
HE IT RESOLVED 9Y THE COUNCIL OF THE CITY OF 0ENTONts
SECTION I.
1. That of Denton, Texas is
hereby selected and designated as the *Nos tort' for City funds
for a term beginning on October 1, 19US, and en=1.1g on September
30, 190.
2. gnat the proposal of said institution raving i;s office and
place of business in the City of Denton, Texas, shall be attached
hereto and made a part nereof, and the same is t.ereoy in all
things accepted.
3. That this Resolution shall be effective immediately from
and after Its passage and approval oy the city Council of the City
of Denton.
PASSED AND APPROVED this the 17th day of September, 1985.
RI BARD 0. 8TEW T, NAY R
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON# TEXAS
BYt ~a)Llr~ .~~L
1D
CITY of ORNITON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 70201 / TELEPHONE (817) 566.8200
M E M 0 R A N J U M
DATE: September 6, 1985
TO: Mayor and City Council Members
FROM: John F. McGrane, Director of Finance
SUBJECT: TAX ROLL;'
The Te.x Rolls which are being accepted from the Denton County
Tax Appraisal District are available for review in the City
Managers Conference Room.
Please contact me if you have any questions regarding the tax
rolls.
WAI M
c rane
JFMcG:ab
1SS3F/4
"T I
CITT COUNCI RBPC DATEt 9.J17/8S
T0: Hayor and Hembecs of tha City Council
~J
FROH: Rick Svehlaj Acting City Manager
SUBJECT: Discussion of petitiou of Butke Engineering repreaenting Richard
Compton for voluntary annexation of approximately 81.7 acres
be;,inning North Hickory Creek Road approximately 2,500 Cs~1t west of
P.M. 2181 for the purpose of determining whether to begin the
annexation process
RECOMINDATION:
Staff recommends initiation of the annexation process. A Planning
and Zoning Commission recommendation on the annexation petition will
be forwarded at a later date.
SMART
This tract was mentioned as the possible subject of a petition for
annexation end zoning during discussion of annexation of 160 acres
beginning at the southwest corner of Hickory Creek Road and PH
2181. The zoning proposal primarily consists of residential land
use Ln the moderate density range (overall density of 7.4 unLts per
acre). Single family, duplex, tmutti'•family/condominium and limited
general retail uses are shown on the current zoning concept plan.
BACKGROUND:
The purpose of the request for annexation is accessibility to City
services and zoning, The engineering representative has indicated
that actual development to the primary interest of the owner, but
staff has no way of confirming or assessing actual development
potential.
PROGEM , DEPARTMENTS OR GROUPS AFFECTED:
There are two unoccupied restdet,ces located on the subject tract.
Police, fire, and other basic services must be provided.
MCAL.EKPCT:
LGOetermined +r
Reap ttul subm to
Prepared by: R k v la
Acting City Manager
David Ellison ti
Senior Planner
Appro d
Jeff Hey
Director of Planning
and Development
13108
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ANN£XAPION
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AND
CITY COUNCIL
OF
INS CITY OF DENTON, TEXAS
The undorstgned does h eby petition for annexation of 61 r] ~+crss located
at ? k4 r 4 a in the extratercitoria. jurisdiction
of the Clty of Denton, Texas. The property is more particularly des:,ribed in
the attached survey description and shown on the attached map, rho ur,dersigned
also certifies that the following required 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.
1. Is petition being initiated,by owna,(s) or majority of ragistered voters in
^rea of request? Yes ✓ No If no, what is the status
of the applicant?
1. how many dwelling u its afe located within the area requosted for
annexation? -ftvo v _ r• 4 S OC-442 P
7. How many businesses or nonresidential land uses are located within the area
of the request? ` Po-t, Please provide a general descriptlor of these
land uses including the name(s) of businesses, if known
Does area of request in:luds any territory within the city limits or oxtra-
territorial jurisdiction of another city? Yes No
S.• Cstimated population of the area of request. -f2: Adults _
Children . How many are registered voters?
6. At the time of this petition, have any other annexation procedures been
initiated for all or any part of the area requested in this petition?
Yes No if yes, please explain the procedures begun
and their status.
1. Does a water supply district lie within the boundaries of the area proposed
for annexation? Yes No -Y/~.
8. What zoning$ if any, other than agricultural (A), is being requested under
separate petition? PD
How much of territory is included in zoning petition? a t
/Ilrt(r~L~`i
Petition for Annexation
Page Two
d. What is the purpose of annexation? 7C c&veJo rd
4. Hive petitionerls) familiarized themselves with the annexation policy, land
use policies and plan, and the standard municipal service plan of the City
of Denton
ices No
I
owner Name(s) /F--.'l e-4A 'telephone 81'7 383 -SBSS-
Signature(OLkI s¢ Date
Address(es) E. .1161 ki
If petitioner is not the owner of the propertye Status
Petitioner
Name(s) Telephon• ( )
Signature(s) Date
Address(es)
08611
DATE: 04/17/65
CITY COUN 1L EXPORT FORMAT
TO: Mayor and Kembers of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Discussion of preliminary plat of Rita Blanca Acres, a proposed eleven-lot
estate subdivision planned for 30.784 acres, beginning adjacent and north of
Warecnun Road, went of Green Valley Road, south of Shepard Road, and east of
o%ribble Springs Road, for the purpose of determining whether to begin the
annexation process..
RSCOMMBNDATION:
This property is a considerable distance from the urbanized area of the city
and county. The City Council has chosen not to annex in this vicinity when
developments of this scale and type have been proposed.
Y:
Minimum lot else for this proposed subdivision to 2.26 eoresf t`ie largest lot
itt 5.03 acres in size. All sewer service will be private septic tanks
and water will be provided by the Bolivar Water Supply Company. Current plans
for streets and access are ques.Lonable, but "nexation will have no bearing
on this problem that must be resolved through the development review process.
The ncarert City 'limits line is approximately 3 1/2 miles
north sad meat of this site.
BAC G~( ROUND:
Staff was made aware of this propoaed subdivision after county plat officials
informed the petitioner or owner of the requirement of City of Denton review
and approval prior to county acceptance.
tROOj , DBPARTMBNTS OR CROUPS AFFBCTeD:
All City operations responsible for providing basic services if annexed.
Additional property owners would be affected by being annexed to allow
extension of a minimum 500' strip to get to the site in question.
FESCAL_IKPACT:
Undetermined.
Rea otfu ly eu tted:
0 1
Prepared by: Acting City Manager
David gllisot.
Senior Planner
Appro d:
.left Key p
Direot,ir Ct Planning
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All slei 041 of )It)IS hr tl► 111291 w/ I DENTON COUIITY T UA4
.fN
DATBt 09/17/fJ!i
MITT COolm RLPORT FORMAT
x♦
Tot Mayor and Members of the City Council
FROM, Rick Svehla, Acting City Manager '
SUBJECT: DISCUSSION OF THE PRELIMINARY FLAT OF WESTERN VINTAGE ESTATES, AN
EIGHT LOT PROPOSED SUBDIVISION PLANNED FOR 21 ACRES BEGINNING
ADJACENT AND EAST OF FM 1830, WEST OF HILLTOP ROAD AND NORTH OF
HICKORY HILL ROAD, FOR THE PURPOSE OF DETERMINING WHETHER TO BEGIN
THE ANNEXATION PROCESS
RECOM RDATION:
The City Council chose not to annex a propoaad 12 lot subdivision
(Cedar Creek) located approximately 3/4 mile west of this site
approximately three months ago. Staff still feels that annexation
is not feasible in this area for development of this scale and type.
SUMMY.-
A City of Denton annexation strip along Hickory Hill Road is located
approximately 1 1/2 miles south of the site in question. Eight lots
at 2.39 acres each are proposed for development. Individual septic
tanks and water from the Argyle Water Supply Company is proposed.
One public road built to City of Denton Estate Street Standards is
proposed.
BACKGROUND:
The Development Review Coetuittce hau reviewed this preliminary plat
and is awaiting several corrections or revtsioaa.
FROGRAMS. DRPAR'fKENTS OR GROUPS AFFECTED:
Additional land would have to be annexed to extend a minimum 500
feet strip to this site. All City of Denton operations responsible
for providing basic services.
FISCAL IMPACT:
Undetermined
Res otfu y su
tte
te
P spare b : Rick Svehla •
Acting Cit;- Manager
David Ellison
Senior Planner
AppA
Jeff Me
Director of Ptannins
and Development
09511
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RECEIVED AUG 1 9 1985.
AG~na~
C~ 0~r-A~~y
~~i
I°►,Iggs
-77
EME1tGENGY AGENDA
CITY OF DENTON CITY COUNCIL
September 19, :985
Special Called Meeting l9, 1985,1eat City 1Oop.meninntheitCivilull fense
Tnursdayl p
ki)om of the municipal building at which the following itemr-
0 11 be considered:
1:00 P.M.
1. Discussion of the proposed 1985-36 budget.
2. Consider adoption of an ,rdinance adopting the budget
for the City of Denton, Texas, for the fiscal year
beginning on October 1, 1985, and ending on September
3U, 1986.
3, Consider adoption of an ordinance establishing rates
residentiale nand ~}ecommercial ni sanitationillcollee tion
services as authorized by Chapter 12 of the Code of
Ordinances of the City of Denton.
q, Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V. A. T. S.
B. Real Estate Under Sec. 1(f), Art. 6252-17
V.A.T.S.
C. Personual Under Sec. 2(g), Art 6252.17 V.A,T.S.
.
Under Sec. 2(g), Art
D. board Appointments
6152-17 V.A.T.S.
cHR'r I F I CATS
I certify that the above notice of moeting was posted on the
bulletin board at the City Hall of she Ci ty of Denton,oTexas, ~
41 clock
t
eday of a.m. tp.m.l ,
A
Y
19310
b_
EMERGENGY AGENDA
CITY OF DENTON CITY COUNCIL
September 19, 1985
Special Called Meeting of the City of Denton City Council on
Tnursday, September 19, 1985, at 1:00 p.m. in the Civil Defense
Room of the Municipal Building at which the following items
will be considered:
1:00 P.M.
1. Discussion of the proposed 1985-86 budget.
2. Consider adoption of an ordinance adopting the budget
for the City of Denton, Texas, for tho fiscal year
beginning on October 1, 1985, and ending on September
30, 1986.
3. Consider adoption of an ordinance establisaing rates
for the use of the city's sanitary landfill site and s
residential and commercial sanitation collection
services, as authorized by Chapter 12 of the Code of
Ordinances of the City of Denton.
q. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6251-17
V. A. T. S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V. A. T. S.
C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.
f D. Hoard Appointments Under Sec. 2(g), Art
6152-17 V.A.T G.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the day of , 1985 at o' clock
(a.m.} p.m.
-CITY ShMETARY
193iC
y