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AGENDA
CITY OV DENTON CITY COUNCIL
October 1S, 1985
Work Session of the City of Denton City Council on Tuesday,
October 15, 19839 at 6:45 p.m. in the Civil Defense Room of the
Municipal Building at which the following items will be
considered:
6:45 p.m.
1. Executive Session:
A. Legal Matters Under Sec. Z(e), Art. 6252-17
V,A,T.S.
B. Real Estate Under Sec, 2(f), Art. 6252-17
V. k. T. S.
C. Personnel Under Sec, 2/g), Art 6252.17 V.A.T.S.
L. Board Appointments Under ;lec. 2(g), Art
6252-17 V.A.T.S.
Regular Meeting of the City if Denton City Council in Tuesday,
October 15, 1985, at 7:00 p.m. in the Council Chamoers of the
Municipal Building at which the following items will be
considered:
7:00 p.m.
11 Consider approval of the Minutes of the Regular
Meeting of September 17, 1985; the Special Called
Moiting of September 19, 1985; the S1ecial Called
Met'ting of September 24, 1985; and the Regular Meeting
of October i 1985.
2. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda
authorizes the City Manager or his deslgnee to
ie,plement each item in accordance with the Staff
recommendations.
A. Bids and Purchase Orders:
Listed below are bids, purchase orders and contracts to be
approved for payment under the Ordi:tance section of the
agenda. Detailed back-up information is attached to the
ordinances (Aggenda items ' 4,A0 4.B0 4, C, 4,E9 4, F, 4, G, 4. H,
4, I), This 1lsting is provided on the Consent Agency ,.v allow
Council Memb9rs to discuss any item prior to approval of the
ordinance.
City of Denton City Council Agenda
Meeting of October 15, 1985
Page Two
1. Bid 0 9509 - Modular furniture
2. Bid 09520 - Side loading refuse trucks
3. Bid 0 9523 - Transformer ro pair
4. Bid 0 9524 - GasolJoe and diesel
5. Bid 0 9525 - Police sedans
6. Bid 0 9527 - Streetlights
7. Bid 0 9528 - Utility poles
8. Bid 0 9529 - Landfill excavation
9. Bid ,4 9530 - Brush clearing on utility
easement
10. Bid 0 9531 - Greenway Plaza waterline
11. Purchase Order 0 70133 to American
Management Systems in the amount of
$319500.00
B. Plats and Replats:
1. Approval of preliminary plat of the
Peppbrtree Ridge Addition, Blocks 1-4. (The
Planning and Zoning Commission recommends
approval.)
2. Approval of final rnplat of the first State
Addition, Lot 1, i'lock 1, (The Planning and
Zoning Commission recommends approval.)
3. Approval of preliminary pplat of the Golden
Triangle Mini-Warehouse Addition, tots 1 and
2, Block A. (The Planning and Zoning
Commission recommends approval.)
4. Approval of preliminary replat of the Golden
Triangle Industrial Park Addition, Phase V,
Loc 2, block 1. (The Planning and Zoning
Commission recommends approval.)
5. Approval of preliminary plat of the Pranks
Estates Addition, Lot 11 Block 1. (The
Planning and Zoning Commission recommends
approval.)
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City of Denton City Council Agenda
Meeting of Octot-ar IS, 1933
Page Three
C. Change Orders:
1. Consider approval of Change Order Bid 19513
with G1S Sandblasting and Painting Company
to paint the expartion of the 2MG McKenna
Stand Pipe.
D. C; ttracts
1. Consider approval of a contract with SPAN in
the amount of $340707 to provide
transportation services to a limited number
of handicapped persons under sixty (60)
years of age within the City limits. (The
Human Resources committee recommends
approval.)
2. f,nsider approval of a contract with
Services Program for Aging Needs in the
amount of $27, 500 to provide tra--tisportation,
hot meals, and information and referral
services to persons sixty(60) years or
older. (The Human Resourcos Committee
recommends approval.)
3. Consider approval of a contract with Denton
City-County Day Nursery in the amount of
$11,000 to provide low cost day care to low
income families where both parents work.
(The Human Resources Committee recommends
approval.)
4. Consider approval of a contract with Fred
Moore Child Care Center in the amount of
$22 000 to provide day care for low income
families, information and referral services,
protective day care for abused children and
family self support services. (The human
Resources Committee recommends approval.)
5. Consider approval of a contract with Denton
County Friends of the Family in the amount
of $30,000 to provide emergency shelter and
counseling to women and their children who
are victims of family violence, to provide
counseling to victims of rape and their
family, and to provide community education
cervices concerning rape and family
violence. tThe Human Resources C'Mittee
,*ecommendy approval.)
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City of Denton City Countil ABenda
Meeting of October 15, 1985
Page Four
31 Public Hearings:
A. Z-1767. Petition of Steve Yount requesting a
change in zoning from the agritulturel (A) to the
singYc family (SF-7) classification o-I an 8.7
acre tract located on the south side of Audra
Lane approximately 634 feet west of Mockingbird
Lane. The property is located in the
M. B. P. SP. R. R. Company Survey, Abstract 1473.
The Planning and Zoning Commission recommends
approval.)
B. Hold a public hearing on the petition of the City
of Denton for annexation of approximately 296.97
acres being part of the 1. Coy Survey, Abstract
212, J. Ayers Survey, Abstract 20 W. Burleson
Survey, Abstract 93, B. Burleson Survey, Abstract
249, and the R. Johnson Survey, Abstract 666. A
continuation of the existing Denton city limit
line from a point beginning approximately 900
feet south of Ganzer !!head to a point
approximately 29600 feet north of Rector Road
(approximately 3 1/2 miles) is proposed (A-26).
C. Hold a public hearing on the petition cf Shaul C.
Baruch for voluntary annexation of approximately
92.80 acres beginning approximately 500 feet
north of hlghway 77 and approximately 1,0S0 feet
east of 1-35N (A-28).
D. Hold a public hearing on the petition of Mel R.
Lacquemont for voluntary annexation of
a pproximately 59.6 acres beint part of the T.
Toby Survey, Abstract 1289, and beginning
adjacent and west of IM 2164 approximately 3,000
feet north of Hercules Lane (A-29).
B. Hold a public hearing to consider adoption of an
ordinance repealing the existing Article 17 and
other provisions relating to signs and reenacting
a new Article 17 of Appendix B-Zoning of the Code
of Ordinances of the City of Denton, Texas to
provide for the regulating of signs and the
permitting thereof; providing for a penalty not
to exceed two hundred do] lavs ($200.00)for
violations thereof; providing for a severability
clause; repealing all ordinances in conflict
thereof; and providing for an effective date.
(The Planning and Zoning Commission recommends
appioval.)
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City of Denton City Council Agenda
Meeting of October 15, 1985
Page Five
1. Consider adoption of an ordinance repealing
the existing Article 17 and oth:sr provisions
relating to signs and reenacting a new
Article 17 of Appendix B-Zoning of the Code
of Ordinances of the City of Denton, Texas
to provide for the regulating of signs and
the permitting thereof; providing for a
enalty riot to exceed two hundred dollars
$200.00) for violations thereof; providing
for a sevorability clause; repealing all
ordinances in conflict thereof; and
providing for an effective date.
4. Ordinances:
A. Consider ad ution of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or Q*rvices; providing for
thu expend) -,-re of funds therefore; and providing
for an effective date.
B. Consider adoption of an ordinancs accepting
competitive bids and providing for .he award of
contracts for public works or improvements;
providing for the expenditure of funds therefore;
and providing for an effective date.
C. Consider adoption of in ordinance providing for
the expenditure or funds for emergency purchases
of materials, equipment, supplies nr services in
accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids; and providing for an effective
date.
D. Consider adoption of an ordinance and service
plan annexing Approximately 304.94 acres located
north and south of FM 426, east and west of
Trinity Road, and south of Highway 380 East
(A-23). (The Planning and Zoning Commissiofi
recommends approval.)
E. Consider adoption of an ordinance approving a
funding agreement between the City of Trenton and
Services Program for Aging Needs (SPAN). (The
3uman Resources Advisory Committee recommends
approval.)
F. Consider adoption of an ordinance approving a
fundit! agreement between the City of Denton and
Servi<'4s Program fot Aging Need' (SPAN). (The
Human Resources Advisory Committee recommends
approval.)
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City of Upton City. Council AgbndA
Meeting o„ October 15, 1985
PAge Six
G. Consider adoption of an ordinsi,ce approving a
funding agreement tetw,en the City of Denton and
Denton City-County Day Nursery, (The Humar,
Resources Advisory Committee recommends approval.)
H. Consider adoption r,f an ordinance approving a
funding agreement between the C1ty of Denton and
Fred Moore Child Care Center. The Human
Resources Advisory Committee recommends approval.)
1. Consider adoption of an ordinance approving a
funding agreement between the City of Denton and
Denton County Friolw2 of the Pamily, (The Human
Resources Advisory Committee recommends approval.)
S. Resulutions
A. Consider approval of a resolution approving r,
agreement by city of Denton Industrial
Development Authority to issue bonds for
Safety-Kleen Corp. and the bond resolution
providing for the issuance of such bonds.
6. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D, Board Appointments
7. Now Business:
phis item provides a section for Council Members to
suggest items for futur, agendas.
8. Executive Session:
A. Leggal Matters Under Sec, 2(e), Art. 62S2-17
V. A, T, S,
8. Real Estate Under Sec, 2(09 Art. 6252-17
V. A. T. S,
C. Personnel Under Sec. 2(g), Art 6252.17 V.A.T.S.
D, Board Appointments Under Sec. 2(g), Art
62S2.17 V.A.T.S.
C R R T I I; I C A T E
I certify that thi above notice of meeting was posted on the
bulletin board at the Uty Hall of the City of Denton, Texas,
on the day of 198S at o'clock
(a. W.) (p. M.)
1
CITY SECRETARY
19SdC
777-77777~~ -"A
City Council minutes y I
• September 17, 19115 I
'rho Council coavined into the work Session at 5110 p,P. to the civil
Defense Room.
PRESENrr Mayor Steward Mayor Pro Tom Hop't1ne, Council Membe.
Alford, Chew, McAdams, Riddlesperger and Stephens
Acting City Manager, City Attorney and City Secretary
AdSeNt. flons
11 The Coj,.Cil ?^!d a discussion of the proposed 1985-86
oudget.
Due to the numuer of citizens if, attendance, ,no work session was
moved to the Council Chambers. Mayor Stewart stated that the
Council would near 1 representative from each group wishing to speak
regarding the proposed oudget,
Acting City Manager Rick Svenla reported that staff -~ad provldRd the
not reconmending anyfofmthe°cute ifrom t ebixietlnq eI Ilet whicnz were
on the list. Staff nad lo°ked for items wnicn, if nAitted, would
not change the operation of the city, way~Is had peen sotIgnt to fund
programs eifferently, if the items [Jndid thtough 2n: duman
Reaources Committee wets reduced, the tax levy would be Delow last
fiscal yyear, Also included was a list of new programs which would
oe cut to reduce the budget oy the $SOU,000 requested by Council.
Mr. Nat Ervin, representing the NAACP, stated that no was speaking
on behalf of the citizens of Denton who wished to see Martin Luther
King's olrtnday declared a holiday. Ile stated that he could
fairs, etc, a After Cild
hethe arlnycl urie King, °heckmad `peene`detirmined lto
attend an all white ecnool and had to Sone, Tnere nad oeen
significant changes which would not nave happened without the
influence of. Dr, King and tneai anould be recognized. me
celeocation of Aartin Lutner King's olrtnday did not have to do so
muen with color as with princlplee, Mr. Ervin urged to Council to
approve the hcliday as a signal of rupport for these principles to
thoso wno would Come.
Me, Mary Henderson wiillams, Cnaitpoeson of the Flow Memorial
Hoapltal Board of Directors, stated that ane tias not appeasing to
maKe a formal presentation but rather was present to answer any
questions vnich the Council miynt nave regarding the requsst for
funds :ro,i Flow.
Council Memoer dlddleapeegec stated that it anould be ofougnt out
Gnat the hospital was in need of funds now. This could not ne
delayed for a year or more. It anould be made clear to the people
of Denton that there would not oa a nospital unless acme attention
was given now.
No, Williams stated that there nad oeen a lot of hard work donF at
the nospital during the last year trying to keep it going during the
period of change in the delivery of health care. A lot of work ha]
Dean done oy the 'rack Force and the Board before the 'rack Force was
created in trying to se,:x the answer to the direction Flow ihoild
tare. rnis work was conr.lnuing with the Blue Rlboon Committee, by
the Blue Riobon Committee and the cask Force, All of this work
would be for naugnt it the nospital was not funded. A hospital did
not exist without funds and Flow Memorial had o an underfunded for
so many yides. Sne was proud of what nad been Bone with the funds
which they nad received in the past. She urged the Council to put
Flow in the city budget for the amount which was requested,
COU,ieil rlember :new dSKed if na was Correct in assuming that the
hospital was requesting 81,000,riJU from the city and 81,000000 from
the County,
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zit of''ijnt6n'City council - minute
Not iAj Of September 17, 1985
Pagel TWO
As. Williams responded that was Qorrect.
Council Memoir McAdams sta►.ed that one of not concerns was that the
c.cy did not nave Sl,Cu0,00o. Tne Council was looking at the
possioility of cuts in the Fire Department and police service duo to
the newly annoied areas. Tners was a problem with the budget. She
nad a difficulty lookin, at the $1 000,000 re nest w~tho:t being
able to undorst nd now t e city mignt provide a3me ass sttance at a
smaller amount,
Ms, Nilliams responded that if Plod did not get the tl,0001000,
things which needed to be done would not be done, yor to long, Flow
nad not had the funds which were needed. Tne eL presented to
the Council was not d 'wisn list' but lot things wnicn n eded to be
done. If the funds were not received, all of these ptoj..cts would
rrt op done during the next fiscal yedr.
Council Member McAdam, stated tnat the Council waa looking at the
city budget on an item by it►,o basis trying to determine wnere funds
could be reduced to covet any shortfall. Tri,I* were no
contingencies in the budget from the nospital.
Council tiemcor Aiddlesperger asked it the budget as presented by
Plow nad the requested item prioritized.
Ms. Williams stated that it was not exactly prioritizmd, Tners were
some things wnicn tue hospital nad to done and others which were
needed to oe done out were not as critical,
Council Mcmoer Aidd.esperger Stated that thr Board would then
prioritize according to the amount of funds received,
mayor Stewart asked if some of the large Items, Such AS the CA" Scan
and the main computer, could be handled through lease/purcnase and
payment spread over several years,
tie. Williams stated that tnose items would be done on a lease/
purcnase oasis.
mayor Stewart dlKed if W O,JOU for the computer in tna budget wis
the total coat or world the cost as S500,UJU for several years.
Ms. tilliams responded that was the total cost out it would be
spread out.
i
Mayor Stewart then stated tnat the total sioU,OJU would not
necessarily need to be commi.ted tnIS year.
As. Williams stated tnat the entire tjJJ,UUJ did not nave to be
budgeted this year, o-it Flow did nave to nave the cor,.puter,
mayor Stewart asked over now many years could the cost of the
computer be spread.
Ms. Wllllama rej;nnded 5.
Mayor Stewart 4sK6d donut the ioase/purcnase nt the CAP Scan.
Mu. Williams replied that this purchase wuuld also be spread ever
si,ve-a1 years.
Mayor Stewart stated that the difference between tn? total purcnase
price and the yelrly cost of c l,,ase/parcnase wda approximately
sdUU,OuU. de fully supported Flow Memorcal doapitai nut felt that
there mignt be some disnfui tnlnKiag ratner tnan actuality in the
budget, as presented.
1.
City of DMnton city council Mindt s
Meeting of September 17, 085
Pays Throe
Ms, Williams reported that chare was a ltat on page 2 of the items
which wave eligible for leaau/purchase uver a 60 month period.
These items ware taken out and tnen added oack in to justify the
total expenditure.
Mayor Pro Tem Hopkins asked if the total working capital of
14,500,000 could not be borrowed otter tt,r $01.3(c) corporation wa.9
ormed.
As. Williars stated tnat hopefully, the hospital would be able to
borrow money but tney would nave to borrow for other things too.
Mayor Pro Tom Aopklna asked if the Council could get information on
the up-to-date financial condition of the hospital rior to the
adoption of the city oudget.
Ms. Williams atated that Lois information was included on page 3 of
the budget.
Council Memooc Stephens asked what was tns projection for t'
occupancy rate for the next year,
Ms, Williams replied 6611 that was tta cuccerik occupancy rate.
Mayor Pro 'rem Hopkins stated tt,at the Council wanted to do
everything tnet they poaaibly could for Plow, nowever, they did have
to look at the total budget picture for the city. 1
Ms. Nancy 8cown, Director of the ?cad Moore Child Care Center,
stated that one had oeen the director of 8 years and the center had
oeen in existence for J1 years. This was the fourth year the Center
nad requested funds from the city. Tne reason was that they had
experienced drastic Vine at the federal and state level. At the
time of the cuts, they nad oec,itold to go to the local government
fur funding. During this year's :ontract period, the center had
been cut from $9:400 Le. $79,0UU, file center nad asked the city and
the United Nay to aurplement tneir funds, Another agency which was
due for a reduction in fundp+ from tt:a city was Friends of the
Family. Fred Moore Day Ca:i Center and the friends of the Family
inteerglated due to the overall impact of family problems. Many of
the mothers Woo turned to Pri*nds of the Paally used trio child care
center. Tnese services tilled a vital ne.,d in the community. The
child care center was requesting 11J,000 whicn would help to replace
the funds which had oee,r cut during this oudget year. Tile people
who US04 toe Services of the child Care center deserved to be helped
and to be cepresentnd.
Ms. Fannie 8011 Uaupp, Cnairpeceon of the adman Resources Advis-'ry
Comnittoe, stated that the group was a conservative committee, They
had listened to all cuquest9 ani ootained tn0rmation on each. They
did not make recommendations for funding unless they were mute t.~at
the service was vital to the community. In* question asked was
wnatner tnis service was o.re that the taxpayers should pay fort
wnat did is ur%ng back into the co:1nunityl and was it a o4si. type
of service. The Committee had already ecceened tnese•requeste pcior
to recommendation to the Council and did not snow why the suit clot'
f• r human services which was so large. fne committee bas prepared
justify their recommendations for funding for tnese agencies.
Codn:il Memter Cnew expressed his appreciation for the committee's
screening worK over the years,
Mo. Rooerta oonnoach, representing SPAN, state,. tnat she had been
with ;PAN for tie entire 11 years it old oeen in existence. The
request made tot g971SUU represented a 'pare Danes' request, This
reflected that •ne agency wished Lo contiiua baste transportation
services to Ovst 10000 dlffrrent citirens. Also provided were meals
to the Uent.'1 Senior Centsc, Heritage Oaks and the solitheas: Denton
Sider Center. Also provided Was meals on wneals to the homebound
City Of Denton City Council NLAU e,+
meeting of September 170 1985
Page Eur
citizens in Heritago 04ks ai)d the Phoenix apartments. SPAN had gone
to a lose personalized routing syeten in order to stay within
budget. eov*ver, the elderly population in Denton was increasing,
The number of persons uring the service had tripled in it years,
SPAN had also froren salAry increases Lot cneir staff, had dispensed
with the secretary poaltion and the janitorial netvlce in order to
cut back, The $27,SOU request was the minimal amo6r.t to enable SPAN
to continue to function. The agency had received word from the
County Commissioner's Court that tney would have to move from their
present location at the end of the peer. Tnis relocation would
impact tnoir budget oy approximately $3,000.
As. Karen Connote, mAmber of the Human R64"tCed Advisory Committee,
stated that she wanted to bring the Council up to date on the
Nandi-Hop program. The projected number of trips made this ya.ar was
5,UUU. Approxi,aately 561 of these trips were to take pco}te to and;
or from wombs approximately 61 were for -nedicai reasonst
approximately 221 sere for anoppingi approximately 81 for recreation
and the last 71 were for miucellaneoua trips such as to the bank or
to get food Stamps. The projected cyst wa% $26,250 for this budget
year. Tne city did not pay anything unless a trip was taken, The
or! 5lnal oudget for this year was $190900 ut this was amendeA by
$7,00 due :o a shortfall. The 1986 request was $31,707 which was
an increase of $7,100 and would finance an additional 1,40 trips.
This estimate was based on the increased usage during last Year.
Tne projected budget cut oefore the Council wound not only eliminate
any growth but would in effect cut ,17,000 worth of trips for present
clients.
nayor Stewart asked if ;nr iiients who used tna swrvice wore
acreer,ed.
Ms, Connors responded yes: nowever, financial screening was not
none. Many of the client. required a vehicle with a wheelehmir lift
or c:uer special services which the drivers were trained to
prov.de. Tae clients were screened for medical reasons and each one
had peen certified by a physician as not being axle to drive. The
clients pay $I.UU per trip. A survey had teen done of other cities
with the following results:
Aoilene $U.6U on city bus (one way)
Uallas iDARr) $1,00 on van (one way)
$9.UU on taxi (maximum)
Fort Wortn (DARrI $1.00 on van (one way)
$9.UU on taxi (total)
Waco $0.25 (round t:.p) if 60 or
older
Irving (D1.RT) $t,00 on van (one way)
$9.UO on taxi ?maximum)
Corpus Christi $0.35 Who way)
sryan $0,35 (oue ti+yl
Pasadena free bus service for
nand, capped to recreat+.otal
facilities
San Angalo $0.25 (found trip)
Austin $0,6~ bus or taxi (one say)
Hid.and Pi.75 bus (one way)
Council McMoer Cne.i asked c.a+se wno were in the auulence regarting
Kirtin Luther King's birtnda; to please stand.
%
City of Denton City Council Minutes
Meetingg of Septemoor 17, 1985
Page Pive
Tne Council then held further discussions on the proposed 1985-86
budget with the staff.
Tne consensus of the Council was to hold a Special Called meetingQ on
Thursday, Septemoer 19 at 1:00 p,m, for tta purpose of further
discussion and passage of the proposed 1985-86 budget.
2. Too Council was to consider applications for depository of
city Funds,
This itam was removed from the agenda at staff request.
3. the Council did not convene into the executive Session due
to lack of time.
me Council then convened into the Regular Meeting at 700 p.m. in
the Council Cnambere.
PRESEN'ft Ma or Steward Mayer Pro Te?h dopkins# Council Members
V Alford, Cnew, McAdams, Riddlesperger and Stephens
Acting city Manager, City Attorney and City Secretary
ASSVIti None
1. Tae Council cor,sidared approval of the consent Agenda.
McAdams motions ;hew second to approve the Consent Agenda as
pr.:sent5d, Notion carried unanimously.
Consent Agenda
A. Bids and Purcnase Orders:
1, did 1 9472 - Material truck bed
2. did 1 9511 - Loadoreak eloow
3. Bid 1 9514 - Soft Brinks
4, did 1 9515 - Moue: and ~,ffroad vehicle
5. aid 1 9516 - padJa console
6. did M 9517 - eorm sprayer
7. lid 1 9316 - Irrigation supplies
d. Purcnase Order 1 69619 to KJnema, Inc, in toe
amount of $60950.U0
9. Purcnase Order 1 69d23 to 'reasley Road
Association in the amount of $10,938.50
!0, Purchase Order 1 69d31 to Cnico Crushed Stone in
the amount of $5,160.ou
d. Plata:
1. Approvai of preliminary plat of tnd Keas and
Pruett Addition, Lot L, Block 1. (Tne Planning
and Zoning Commis-ion recommends approval.)
2. Approval of preliminary plat of the 9,S.D.
Addition, Lot 1, Block 1. (The Planning and
Tuning Coorruaaion recommends approval,)
kV, -1
City of Denton city council Alnute,
mostinq of September 17s 1985
Page Six
2. Public Hearings
A. The Council was to hold a puolic hearing on the
petition of Burke Engineering requesting a change In zoning from the
agricultural (A) classification to the planned development (PD)
distri:t on a 27,29 acre tract at the southeast corner of PM 1430
and Hobson Lana. If approved, the planned development would permit
the following land e3es:
General Retail - 2.25 acres
Multi-pamly-1 - 120 units on 5.6 acres with a density
of 21.1 unite per acre
Duplex - 60 units on 6.6 acres with a density of
9 unite per acre
Tri-plex - 18 units on 2,11 acres with a density
of 6.3 units per acre
Townhouse - 28 units on 2.76 acres with a density
of 10.1 units per acre
Gardenhomes - 15 unite on 3.7 acres with a density
of 1 units per acre
Recreation, open Space and Drainage Areas - 3,35
acres z-1756
Jeff Meyer, Director of Planninq anti Community Development, reported
that on this case, staff wanted to offer an option to holding this
public nearing. Too records which staff received on the tax roll
were not always up to date. On this particular case, quite a :ew
people may not nave received notification of the public heating.
Staff did everything legally and Council could near the petition at
this meetings however, some persons did not receive the normal
notification because the records from the Appraisal District were
not current. An alternative, staff wds recommending that this case
be referred back to the Planning and Zoning Commission.
Debra Dcayovitch, City Attorneys reported tnat the situation
appeared to be that a number (in excess of 61 property owners were
not notified, Tne law states that if the people were present at the
hearing and did not tender their taxes to the city, there was no
legal reason why the Council cannot take action. In this particular
instances, however, there was an aduitional problem with the nocico
which was neld oefore the Planning and Zoning Commissions The
statutory notification time had not oeet given prior to the Planning
and Zoning Commission vote on August 14. In light of this, one
concurred to reme.ld this case back to the Planning and zoning
Commission,
Council Memoer Stephens asked what was the statutory notification
requirement.
Drayovitch responded tnat the atatutocy notification with respect to
the hearing uefoce the Council and the Planning and zoning
Commission was that every property owner located within 20U feet of
the property sought to oe rezoned oe notified in writing iU days
prior to the hearing. mere was an odditlonal publication
reyuireoent of 15 days prior to the hearing.
Meyer reported that the issue of the mee:.tng on August 11 before the
Plannini and Zoning Commission nad been resolved in that Staff had
readvertised. There were additional input which the Council should
have, Picetly, the petitioner did want the hearing to be held at
tnis meetings Secondly, staff did not know how tray were going to
get the proper property owner list. Toes? records did not exist so
staff mlgnt have to go door to door, The pcoolem could possioly be
due to a previous annexation or tnat the people who were not
notified had not been placed on the tax rolls. In new annexations
there was a year's delay before tlie property owners were placod on
the tax rolls.
Drayovitch further reported that the statute vid provide for
property which had been annexed and the owners had not yet nad an
opportunity to render their taxes, the publication Of the notice
would suffice. in this particular case, the annexation had been
completed for more than one years
,r
MONSOON
i;
City of oenton City COUncil Minutes
Meeting of Septeabert1, 1985
Page Seven
Meter reported that this area was proposed for zoning in the past
and the issue of who .ite the Correct property owners had not come
up,
Mayor Pro Tom dopkins r,sked how rtaff had been made aware of the
problem,
Meyer reported that people had called after seeing the signs staff
had posted in the proposed zoning change area. However, Staff had
no way to verify property ownership.
Council Member McAdams asked if these people were not paying taxes.
Meyer responded they were not on the rolls but were probably paying
taxes. The rolls listed the original owners, if these people were
paying ta.iea, they were listed by their tart name. There was no way
to tic tho last names of tie owners to the property on the tax
rolls. The Appraisal District was keeping records by methods other
than property descriptions and property descriptions did not change,
Chew motion, Alford second to refer the petition back to the
Planning and Zoning Commission at city expense.
Council Memoer MCAda.nn otated that there may of a delay in the
petition due to this notification.
Meyer stated that the goal of r,tarf was to place this item on the
October 9 Planning and Zoning Commission agenda,
Mr. Tom Jester, representiiiy Mr. Below, stated that he was a
property owner in the area and had received at least 3 notices. The
petitioner would like to go forward to avoid delays, Mr. Below nad
been working on this f,.r 6 months and the fear was if remanded to
Planning and Zoning Commission and back to Council, tnere would be
another delay of 2 to 3 months. There were no new annexations in
the area and tnis problem with notification could o,cur with any
zoning change peLitl0n.
Hr, dowafd Katz, representing tr.e property owners who had not
received notification, reported that the Planning and Zoning
Commission had voted 4 to 3 in June to deny the petition. The
petition had been amended In a nlnor way and was approved by a vote
of S to 0 on August 14. No one appeared in opposition at the
hearing on August 14 because some the people were not notified in
writing and the publication in the paper gave the date of the
meeting as August 20.
Council Member McAdams asked if the CJUMCII absolved themselves if
they proceeded •wltn the hearing and the petitioner then had legal
ramifications in the fuS,ife.
uraycvltch responded nr,. rnere ware a number of errors made and it
appeared that the best thing for all conzerned wag to begin again.
Council Member Aiddlesperger called tno question.
Motion to refer back to Planning and Zoning Commission at city
expense CarrWd unanimously.
The Mayor tnen read a Proclamation for Constitution week.
The Proclamation was accepted of Ms, dotty Bailey, regent of the
Benjamin Lyon Chapter of the Ddugnters of the American Revolution.
a. Trio Council neld a public nearing on rtii petition of
Benny and Barbara Auesell regaesting a change in zoning from the
single family W-1) classificat on to the planned development IPD)
district on a 1,2 acre tract located on the east side of Carroll
Boulevard approximately SPJ feet south of Eagle Drive. If approved,
the planned development will permit the constriction of office
buildings. 3-1164
^U ~ t'7~r` ~7
r
is 777L
city o! Denton city council minutes
Most i September 17, 1985
9 n ? 4ht
Tne Mayor opened the pub:!b hearing.
Mr. Denny Rassell, the petitioner, spoke In favor of the proposed
change for an office Building. The parcel was presently a vacant
lot find the proposal had been made to represent not only this Sot,
out also the property adjoining ~o r,:i, east - the houses on Myrtle
Street. The request was to change from single family to office
building. The lot to the south was presently designed and accepted
for office buildings. The lot to the north was gresently single
family and they had tried to accommodate the fact that there was
presently 1 curb cut on Cacccll. They were not request-ng an
additional curb cut but rather the use of the misting cut„
Mayor Pro Tom Hopkins stated that he felt the plan for utilizing the
existing curb cut was very good.
Council Member Riddles.erger stated that no felt this proposal was
the beat for the use of tnia property.
No one spoke in opposition,
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, reported tnat 12 reply foray had been
mailed with 0 returned. Tne planned development zoning
classification would permit office development. The site plan
indicated the phasing for this particular development. Phase I to
the west would be constructed in the near future, An important
point in this case had been the issue of access. The Planning and
Zoning Commission had tabled this item to allow the petitioners to
consult with the City Engineer to determine the boat placement of a
curb cut, It nad been placed along the north property line to allow
for future joint access with property to the north. Access along
Carroll Boulevard is an important iwsu! and the Denton Development
guide spoke to restricting and controlling access on Carroll as much
as possible. Tne site was located in a moderate intensity area
which was currently over the standard by approximately 351 based on
existing zoning, This was an example of a site which was positive
from a site specific standpoint In the location of the curb cut and
the proposed land use but was not satisfactory from an overall
compcehenslve Intensity standpoint. Another factor was that there
were 3 existing houses on the eastern future devslopment phase of
the tract. City policies in the Guide addressed the issue of
preserving existing housing. Tnese nou643 could be renaoilitated
and were in the target area for community Development Block Grant
funds. The Planning and Zoning Com,nlssion was sweet of the
violation of the intensity standard but felt other factors, such as
surrounding zoning and land use, met Ited consideration. Tne
petition was approved by a vote of 6 to 0 with conditions.
dopkins motion, Alford second to approve Z-1764 and Commended toe
developer for n.e planning and work with the neignoors.
Mayor Stewart stat.:d that no had consistently opposed curb cuts on
Carroll Boulevard, In :nis area, this might be the Deet development
for the area,
motion carried unanimously.
Council Member Cnew left the meeting.
C. me Council neld a puulic nearing on the petition of
Poster and Riley Properties request+ng a [hinge in zoning from the
agricultural (A) to the commercial (C) classification on a 2v.241
acre tract. me property is located at the nortneast cornet of Loop
2dd and Spencer Roa@d and shown in the MEP and PAR ComFlny Survey,
Abstract No, 927. If approved the property may be utilized for any
use permitted in the commercial (C) classification oy tnt- Denton
Zoning Ordinance. Z-1765
City of Denton City Council Mlnute:
Meeting of Septeamoer 17, 1go$
Page Nine
The Mayor openad the puolio hearing.
Mr. Dave Ruckman, representing Mr. Yoatfe and Me. Riley, spoke in
potential loop, oin ithe north and M Beasy t bs The Point t{te lest byy to `
on the south by Spencer Road. The tract was pment and
presently zoned
agricultural. The request was to be rezoned for coaagercial uses and i
t e petitioner felt this would be the highest and best use of the
tract. The Planning and Zoning Commission had voted 5 to 0 in favor
of the request on August 14. Tye request for for the purpose of
planning and promoting a commercial park development. The master
plan of the city included an extension of Loop 288 to the south.
The extension would actually begin of tnis tract and would be
incorporated into the development of the tract. The City Engineer
had coon consulted regardlnrt the probably location of the extension
as well as the right-of-way. No plans for specific development nad
been made at this point.
No one spoke in opposition.
Tne Mayor closed the public nearing.
Cecile Carson, Urban Planner, reported that 5 reply forma nad been
mailed with 2 returned in favor and 0 in opposition. Tne ~lanning
and Zoning Commission nad recommended approval by A vote of 5 to 0.
The tract was located in a hi,h intensity area which emphasized
commercial and industrial development. Thi land ties would bL,
compatible with surrolsnd uses. The Loop 288 corridor would run from
East McKinney to Interstate 35 and was predominately zoned
commercial or I.gnt industrial. This was one of the few remaining
agriculturally z.,ned tracts in the area.
"ouncil Member Stephens if any notifications had been returned as
undeliverable.
Carson responded no.
Mayor Stewart stated that the petitioner had stated that he was
willing to work with tae city on the proposed Loop area. He then
asked if the specific location of the Loop had been laid out.
Carson replied that the actual location of the spur to connect ftum
approximately Spencer Road 0 Mayhlll and the State School aride
nad not ueen determined at this time. Discussions nad been neld
with the owners o: this property on the possibility of having a
cunnection which wobsld branch at Spencer Road. In that instance.
tnere would be no overpass out rather an immediate extension.
Another possibility would be a oridge located over Spencer Road to
move traffic. No definite plans had been made.
Mayor Stewart stated tnat this could be a very large intersection.
Carson responded it could De, There would not be a spur over Loop
2dd to the west side but would only connect and go south to
Naynll: Tne oridge would be located over Spencer Road of would
actually go into the intersection of Spencer Road and Loop 28d.
Carson furtner reported that the individuals had been in contact
with the City Engineer and had asked that tney be considered in any
negotiations for the property. Nu property had been purchased or
dedicated to the city at this tiMe for the location,
Council Member Chew Joined the meeting,
Acting City Manager Rick Svenla reported that the exact location of
the loop would depend on the amMt of participation wnich the state
would dhave, if there efinitely want tneCeownersi`involved for In ethat,®instance* lit
might affect this property] now►-er, at this point, the state is
looking at reouilding and widening Loop 248 at its present
location. me city was continuing to request the state to look at a
1if ~ v 1
+rfi F', ~ t '~1. t. :e ~ 'i,a r ° r; r 1`h. •c "i..~ r
City of Denton city council Minutes
XWIAy of September 17, 1964.
Page ten
southern branch. At this p-)int, the ppekitloh was only for zoning.
The platting procedure would taxi place in the future, It an
overpass was needed, a larger pora on of this tract would ne require
for right-of-way.
Caroon reported that tnere was an additional 4 acre tract which was
n$e,lncluded in this petition which had frontage on Spencer and Loop
Mayor Pro Tem Hopkins asked where the water line extensions would
be. rnere had been people before the Council who lived to the right
or tr.e property wno were on a well ayltem for water.
Acting City Manager Svehlo reported that arcs was on the other side
of Loop Ydr.
Mayor Pro rem Hopkins asked if this would extend this liaise toward
Maynill and give those citizens access to water lines.
Carson reported that there was a water line in he light industrial
district wnic:n would be extended to this tract, The sewer line was
also located on the east side of Loop 288.
1. The Council considered adoption of an ordinance
approving a change in zoning on 20.297 acres located at the
northeast corner of Loop 288 and Spencer itoad,
Tne following ordinance was prementedt
NO. 85-180
Ail ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THd CODE OF
ORDINANCES Of TdE CITY OF DENTON, TEXAS, BY ORDINANCE NO.
09.1, A140 AS SAID MAP APPLIES TO APPROXIMATELY 20.297 ACRES
OF LAND S?TVAT80 IN 'rd9 M.E.P t, P.R.R, COMPANY SURVEY,
A69TRA-T NU. 927, DENTON COUNTf, TEXAS AND LOCATED At THE
Nool',iee4r CORNER OF LOOP 288 AND SPENCER ROADi TO PROVIDE
FOR A CHANGE IN ZONING CLASSIFICATION AND OSE DESIGNATION
FROM AGRICULTURAL 'A" DISTRICT CLASSIFICATION AND USE TO
COMMERCIAL "C' CLASSIFICATION AND U58 FOR SAID PROPERTO
PROVI0I.40 FOR A MAXIMUM PENALTY OF $1,000 FOR V10L..TIONS
rdEREOFt PROVIDINJ'F•OR A SEVERABILIrY CLAUSdt AND OSCAR?NJ
Ark EFFECTIVE DATE.
McAdams motion, Alfctd second to adopt the ordinance. On roil call
vote, AcAdams 'aye,' Hopkins "aye,' Stepnens 'aye,' Alford 'aye,'
Riddlesperyer 'aye," Cnew 'aye,' and Mayor Stewa*t "aye." motion
carried unanimously.
D. roe Council held a public nearing concerning the
acresiuaing part Cof ythe 383 Li nCRR rSUrveyxa Aoatractaplf2oxandt located
nottn of FM 1113, south of Sarthoid Road, west of I-JSN, and east of
Masch drancn Road and the JC65F Railroad A-24
,the Mayor opened the public nearing,
Cecile Carson, Jruan Planer, spoke in favor stating that tole was
the second puolic hearing on this Annexation, the first hearing had
been neld on Septeinuer S and tn. Council nad recommended
continuance, Un September 11, the Planning and Zoning Commission
had recon,ainded the item Ue continued. Tnere were 12 reply forma
malted with u returned in favor and S returned in opposition. Most
of the uppoaitionr were from individuals who cwned business in the
area, T+iia annexation wad begin in an effort to control development
in the area,
At. Ed JartnOld SpoR,! iu oppo.altion sta'.ing that ha would not see
why the city would want to annex this property. die prcperty was
City of Denton city council Minute
Meeting of Septseber 17, 1985,
Page eleven
3/4 to i ails west of Interstate 3R and he farmed the land, His
fear was that his taxes would increase, Som• of the barns on the
wltnintthe es obsolete but would be assessed At a high value if city limits,
Council Member McAdams asked Mr. Barthold how much of the property
in the annexation tract was nis.
Mr. Barthold responded that $.t was his luess that it was
approximately 60 to 90 acres.
Council Member Riddleayeiger stated that the Tax Appraisal District,
not the city, would appraise the property evaluation. The Council
could redu,:e tie site or an annexation petition.
Mr. Bill Poster spoke in opposition ststingq that he ownel
approximately 27 acres adjacent to Mr, Barthold. His house was
approximately 1 mile west of Interstate 35 and the rest was
pasture, de did not know wny the city would want to annex his
property. Aix store had been annexed lb years previously any the
only thing no had ever gotten from the city was duirpster pick-up.
This had not been efficient and he had to get his own, He rid have
police protection but nr! been burglarized 14 times, He nad paid
lots of taxes.
Council Member McAdams asked if Me, tooter was aware that there were
developments underway in this area which did not meet city
specifications in any way and that annexation wa44 a method to
control this development.
Mr. Poster reso,r„led yes and asked wnat the city could do to prevei:t
it, The 5ua1nes540 already ther6 would not an affected.
Mayor Pro Tem Hopkins asked exactly where Me, Poster's property was
located.
Mr. Poster atated tnat his property extended to the wrecking yard
fence.
Me, James Coroin Spoke in oppraltion stating that his property was
north of Mr. Poster's land and east of Mr. Barthold, He owned 24.66
acres of unimproved land which he leased to Me, Poster for pasture.
He saw no point in the city annexing this pareel,
Mr. James Owens spoke in opposition stating that he only owned a
small portion of the annexation parcel but did have plans for it
whicn did not include vein; in the City of Denton. Tne land was
currently being uned : storage and he wanted to build
mini-warehouser in the property.
Mr. Wesley Clark Spoke in opposition stating that he owned 13 acres
located at the old golf driving range, de nad owned a business in
Denton and nad tenanta there now who were threatening to move out
because they could not get the city te, ')pen up a bar ditch to keep
the oullding from flooding, He did t,ot see anything tnat the city
could do for them. He relocated his ausihess to get away from these
problems.
Me, Hillard Simpson, owner of Weil Auto sales, Spoke in opposition
stating :nat he had bought 382 cars out of the city limits this
year. It tie had not removed them, they would still be in the city.
No one who Add appeared oefore the Council this evening wanted to
bell their land so no other businesses would be moving in. It
appeared that this ownersnip nad the property controlled. He tried
to Keep nis property clean and planned to put a metal fence around
nis business,
141'f 'LIN"
city of Denton city e004011 Kinutes 4
Meeting of September 170 1995
Page Twelve
Mr, Carpenter, cWesenting Port-A-Stall, spoke In opposition
stating that their property bordered Mr. Posters, Pack of their
lot was in .ne city and approximately 2 acres was not, The owners
did not care to be annexed,
The Mayor closed the public hearing,
Cecile Carson, Urban Planner# resorted that the picture presented
the the Council had rieen taken during the summer. Since that time
there had been construction of at< least i additional building on the
property. It wan this type o. development which concerned the
Council and the Planning, engineering and Utilities Departments were
concerned aoou~. Future development had been discussed with a
property owner in the sccl who was concerned about changing drainage
cnannels as well as adding additional warehouse;, and industrial type
uses in the "cea, Into was one of the primiry reasons for
continuing annexation proceedings. The additional property owned oy
Mr. 8acthold, Mr. Poster and Ar, Carpenter were added to the area to
make A uniform city limits line which would run from the railroad
track along eartnold Road to Interstate 35. If the annexation
proceedings were continued, institution tf annexation would occur on
Uctober 1 with final action on November 19.
Mayor Pro Tom dOpklne atated that if continued, no would like A COPY
of a map snowing each of the property owners as wells as the
construction which had occurred during the last year and a listing
of the type of construction.
Mayor Stewart stated that it was Obvious to him that some of th,,
land should be taken out of this annexation,
Mayor Pro Ten Hopkins stated that some people in the area had
contacted him regarding concerns about the drainage.
Council Member McAdams stated that she would like to See a map of
the annex:tiora parcel with the farm land taken out,
Mayor Pro rem Hopkins stated that it might help if staff could make
an on-site review of where drainage would go.
Mayor Stewart stated that tte city could do nothing about the
drainage if the land .ate not annexed.
kiddlesperger motion, Chew uecond to Continue the proceedings,
notion carried unanimously,
someone from the audience was recognized by the Council, He stated
that the City Engineer had worxed with the tcucx stop and a
consulting engineer to draw plans for drainage for this area.
143yor pro rem Hopkins stated that ne wanted to know where the water
would go wizen it left that tract of land,
go 'rne Council held a public hearing concerning tae
annexation petition of Aik,nan Development Corporation and the City
of Denton for a tract of land approximately 111,5 acres in size
tying in and ,jeiny part of tie a, Merchant Survey, Atstract 1800,
Aostracttk1315, andvuaginningaat the9Southwestncornar oen FM 2181vand
Hickory Creek Road A-21
Aie Mayo: opened the public hearing.
Patricia Ryan, 01anning Intern, s,~Oke in favor ceportIng that this
was the second public nearlny. The first nearing had been held on
Septemoer J and Council nad recommended proceeding WI tr the
petition. 0.1 September Ii the Planning and ¢onin Commission
recom;aended Council proceed. This ,gas a joint petition between
Aikman Development Corporation requesting the voluntary annexation
City of Denton City Council Minutes
Meeting of September 11, 1995
Page Tnirieen
of 62.174 acres. The Aikean development, Dunton Manor Estates, was
located adjacent and south of dickocy Creek goad,adjacent and west
of rM 2181 and north of Old Alton Estates, The City of aenton was
requestin the involuntaryy annexation of the adioinih4 55 acts tract
to the eat, Tae CoanctI had been interested in the development
potential in this area when the annexation question was discussed.
Ms. Stephanie Compton, representing herself and Mr. -Ompton, spoke
in favor stating that they were property owners to the nortn and
west of the proposed annexation. TnQy had a request on the agenda
for a voluntary annexation and were In favor cf boundary protects n
on the southern and eastorn edge of their property. They also
suppQorted the zoning pprotection in the area to minimize a'ditional
mobile home developmenk.
rir. David douse, resident of Old Alton Estates, spoke in favor
stating that he had been in opposition at the first puolic nearing.
A representatls4 from the city had spoken to about 30 of the
neighbors A"ut what annexation could pa San to this area. They were
in favor of the annexation out would tike to appeal to the council
to increase the plot size of the tot in the annex area, The feeling
was that the area would be highly condensed if the proposed '',000
Square feet lute were approved, nis density would gut a strain on
the city and the acno;:l diatrl.t,
Mr, Oscar elac;.anmeyer, proPtitty owner, spoke in savor stating that
he too had been duolous. Ne had the some fears ax other in the area
and would 1LKe to See th, lot sizes increased. The street which was
to go through the proposed development did not continue as it
should. It entered on the east aide Into a col-de-sac and the other
aide come in from dLetory Creek and was the same way. He waS in
favor of larger lot sizes and more control,
Ac. uary MandragLl, resioent of the involuntar; portion of the
annexation, apoKe in opposition stating that he had lived tnere lot
15 years. Some new owners had bought the property and petition for
annexation, Socause they wanted to be in the city, he was going to
oe In also, dis land was mostly undeveloped and lie did not want to
be In the city. lo felt tnis proposeu development was incongruous
They ve're tryingntoh work"with h tnat the Lt and= the city were
Out no did
not think there would be any control. Ar. Mandragil aSKed if the
vianning and toning Commission could require larger lots.
Council Member RL6dlespergec atatuJ that un►ess annexed, the city
nau no control. Planning and Zoning Commission could recommend to
the Council the plat and the Council had the power to handle the
problem,
Mr.. Sandragil asKed it the Council had the power to increase the lot
size of the proposed development.
C,~UACil iiember Stephens responded that the Council could turn down
the re.iuest for smaller lots and enc*irage larger lots.
Mayor Pro Tem dopKins stated that the Council was also concerned
aocut the lot size, the drainage, the transportation and the
utilities in tnls area.
Council Menoer Alford left the meeting,
ill, rtandragil stated tnut ne nad oeen his understanding that once
the plat nad oeen apptoveo oy the city, the lot sizes enald not oe
increased.
Council Member Alford joined the meeting,
oebta Drayovltcn, Cit/ Atturnay, stated the Council mignt want to
consider Airecting staff to ueyin zoning procedi!ces r.) the property
could be annexed with permanent zoning, If a development is
,.4 1 1 . i' v 1 : Yy f
c 7 ..~I r .yi S- '77
~Ai'.
w Neettnf iEnt6ncity C OU6o 11'Alnotaa ,
Meeting fit September y S
Page Fourteen
approved by final plat and not in the cty limits, they could begin
development at•the original lot size. The platting statute did
govern or address lot size.
Mr. Mandragll asked If once annexed, would the publ,: in the area
nave input to the lut size.
Drayovltch responded that the residents would have input due to
notification and publication prior to council action.
Mr. Mandragil stated that he would then be in favor of annexation.
Acting City Manager Rick Svenla stated th+,t if a preliminary plat
had previn-isly been approved and the final plat was in process,
wnetner annexed or not, the lot uize was then already determined.
This plat was filed under the extra territorial jurisdiction rules
and there was no control over lot size because in the aTJ there was
no zoning. if the plat war in process, once approved the lot size
was established.
Council Member Stephena stated that he thought the Council had i
policy to begin annexation proceedings whenever development actlvitr
occurred and platting would come after annexation, not with
annexation.
Council Member Alford left the meeting.
Jeff Meyer, Director of Planning and Community Development, stated
tnat the Cnun2ll nad approved a preliminary plat for this
development. At the Planning and 2ooing Commission level, t the
plat were a legal one, it could not be turned down. fee city -ould
not zone until annexed but the plat would be approved as the Cc.ncil
had approved the preliminary plat.
the Mayor asked if the council could approve different zonloi that
the plat called for, such as a planned development.
Drayovitch responded tnat if development began oefore tte property
was annexed, the developer was entitle to continue.
Council Aamaer Rlc.dleaperger stated tnat he was under the impression
that annexation was initiated to control these Issues.
Acting City Manager Svehla reported that staff oecame aware of
development activity in the extra territorial jurisdiction khen
developers came to the city for plat approval. The procedure for
annexation could begin tneni however, the procedure for annexation
took longer tnan the platting procedures.
Meyer reported that the city would have control over health
standards, code enforcement, streeta, etc.
Council McMber McAdams asked if the developer started prior to :lnal
zoning, could the development be stopped.
Drayovitcn reported that if the property was being uaed for the
purpose specified in the plat and the developer had made a
significant investment, the city's position in cnanging the use
during development was ,14estionaole.
The Mayor closed the puulic nearing.
Pat Ryan, planning Intern, reported that David 611ison of the city
sta,'f had met witn approximately 30 neignbors on September 12. The
concerns expressed were lot size for the voluntary annexation and
the potential for a moelle homo park, fnern nad oeen 8 reply forms
mailed witn 1 returned in favor, J in opposition and 1 bas :eturned
wltn an expired furwarding address.
dopkins motion, Cne+ Second to continue Uv annexation proceedings.
Motion carried unanimously,
p~A}-:4 ',f1^F `e!ia 7rM-eas;...,.ras-mss '~^.'le~i i cc~ ;xe ~+E 't,A,'x n a } rt p .''.S Y~ 11 to sRY.... t.r Y'.
City of oc''Ator. City council minutes
meeting of September 11, 1985
Page Fifteen
P. The Council held a public hearing to consider adoption
of an ordinance amending Appendix 8-toning 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 !ot on which is located a
one-family, two-family, or multi-famlly dwelling except upon a
patking space paved with asphalt or concrete.
The Mayor opened the put,lic hearing.
Jeff Meyer, Director of Planning and Community Development, reported
that basically the o:dine.nco prohibited the parking of vehicles,
ooats, etc. on anything otter than pavement or asphalt.
Council Memoer McAdams asked about the existing places which were
being used anlch were not pavement.
Council Member Steptans left the meeting,
Debra Drayovitch, City Attorney, responded that exemptions were made
for those homes which were built when there was no cequirement for
asphalt or concrete parking space,
Council Member McAdams stated that she understood the prooleml
however, it was her feeling that this was an over-correction, There
were a number of areas in the city were on-street perking was
prohibited and there were very small lots. When there was more than
1 car at the iodation, crate was no place to put the second car.
She felt this would work a significant hardship on some people who
could not afford to do otherwise, If there was on-street parr,ing on
every street, it would be a different story. She could not support
this across the board effort to yet rid of a particular eyesore.
Council Member Stephens joined the meeting.
Council Memoef Cnew stated that there ware areas on Carroll
Boulevard where the residents nad to park their cars on the fcol.t
lawns wnicn were not paved oecause there was no wnere else to put
them.
Council Maiener Aiddlesperger stated that he !alt this was taken care
of by the provisions in the ordinance, what the Council nad to
decide was whether or not people should to allowed to store 1 or 5
cars on chair lot. This destroyed not only that lot, but the other
lots on the street. He agreed that what the Council was after was
storage of automooiler which were basically not operational. He
wanted nenton to be a place to be proud of and not where uitizen.
could park multiple cars on the front lawns,
Council Member Chew asked if the word 'packing' could be removed
from the ordinance and tnls would deal with the storage issue,
Council Memuec McAdams stated that she was sympatnetic out she felt
that there would always be people who would defy the intent of the
law. Anytime an ordinance was worded tightly enough to take care of
those who would try by suoterfuge to get around it, the council
would ue significantly infringing on tie freedom of etnvr people.
Mr. S1iCK Smith, 21UU Redwood elaca, spoke in favor stating that In
his nelgnoornood a resident parked i hootle camper in front of house
for weeks on end, Directly across the street was another citizen
wno parked dcross the sidewalk. His wife jogged in the area and
these created oustacles to vision an, he felt that someone was going
to oe Injured.
Council Memoec ACAdama stated that this ordinance did not dddfres
cam,ara parked in the at.-!et - only vehicles parked in the front
yard.
VX' 7-7
WoX 4T.
City of 9 'S pagr nj of non Cie Council minute's
Hart of Sef:aaber 170 1985
Hr. Randall Boyd spoke in opposition stating that this ordinance was
styled after the City of Dallas ordinance which was prepared in
roaction to the Republican National Convention, New state statutes
tied been passed which he felt would take care of all the legitimate
concerns. The new law provided that if a vehicle was inoperable tux
more than 45 days or was not registered or was not lispected it was
considered a junked vehicle and Could be towed away, The proposed
ordinance dealt JItn parked venicles and did not specify a time
limit. Packing pa ~n unpaved surface was punishable by a $200
fine. Tnia was in aesthetic decision and would regulre that
citizens pave tneir front yards. Tnerr were specific instances,
such as having an invalid in the home, where parking close to the
front door was a convenience in getting that person in and out of
the house, if the Invalid recovered or perhaps died, tho rravement
on the lawn would remain. Alec Some families had se~-aral tetnage
ruling those
rocentensupremevCurtCars
ncerng to be
half-ways housemezoning in
Cleburne pointed out that an ordinance whica (lid not have a
legitimate zoning n W odt an0 was unconstitutional.. There was no
police, health or zoning interest in this proposed ordinance. Tha
recent state statute concerning junked vehicles addressed all the
vaiiu ::sues.
Council Me;nber Riddlesperger stated Gnat some of the questions Mr.
Boyd had brought up could be answered by chi Iges in the proposed
ordinance, •7ne problem was to say that a person bad to right to
pack 4 or 5 case on his lawn and leave tnem there as the grass grew
up around them. His neignoore tr.en came to the Council requesting
that sometning be done.
Mr, Boyd responded that the city snouid enforce the Flew state litter
abatecent act whica he felt would cover all of the legitimate city
interests.
Mayor Strwart asked if tnis state statute applied to private
propertyt in other words, would tnia apply to inoperable machines on
someone's farm,
Mr. Boyd responded that the equipment, it required to be licensed,
would be considered an abandon venieles and would be required to us
put in a proper place.
Mayor Fro Tom Hopkins stated that perhaps thIa would be an
appropriate work session Item,
Debra orayovitcn, City Attorney, reported that i proposed otdinance
was on tr,e agenda at tnis meeting.
Hr. Boyd responded twat ne fult the new state law intended to make
the junked car removal mucn easier for the city to enforce. If the
concern was private junkyards in front of homes, the statute would
take care of It.
Council Memuer aiddieoperger stated tnat nis concr.tn was a resident
woo Stored Ale own cars on nis lawn to tna extent that it Infringed
oi, the rignts of nis neignbors.
Mr. Boyd stated tnat a persun could remedy tnat situation by simply
paving his front yard.
Cout,?il Member Riddlesverger stated tnat other cities had ordimances
of this same nature and did enforce tnem.
Ile, Jate Fulton spoke in "apposition stdt.a., that the ordinance did
not address the issue of thuae persons wnn did not have a paved
driveway. She felt this ordinance was rune^essary and that the
state law would take care of storage of junked cars. The problem
was one of enforcement,
City of Denton City County of Denton City Council Minutes
Meeting of September 11, 190
Page Seventeen
Mr. Burch spoke in opposition stating that he had several junked
trucks on 0a farm and felt that, if annexed$ he should come under
the gcandfatner claube.
I
Mr. Max Weisen spoke in opposition stating that he had parked his
car on the street and it had been backed into 2 times and hit by
another neighoor's car I time. Since that time, he had made a
concerted effort to park his car in the yard.
The Mayor closed the public herring.
Jeff Meyer, Director of Planning and Community Development, reported
that 2 peoplo had spoken in favor and U in opposition at the
Planning and Zoning Commission public nearing. The Planning and
Zoning Commission voted 6 to 0 to recommend this ordinance to the
City Council. Staff hid no recommendation.
Coar.cil lumber McAdlme stated that she understood the problem but
felt this ordinance was an $overkill.'
Riddlesperger motion, Hopkins second to table this issue until a
revised ordinance zould oe prepared. Motion carried unanimously.
0. Tne Council held a public hearing to consider adoption
of an ordinance that would repeal Paragraph 8 of Article 11 of
Appendix A-Zoning of the Code of ordinances of the City of Denton
relating to the approval by the City Council of plats of
subdivisions witnln an area where annexation pcoc-ejir,ys are
pendingr and providing an effective date.
The Mayor opened the puallc hearing.
rio one Spoke in favor,
No one spoke in opposition,
Jeff Mey_~c, Director of Planning and Community Development, reported
that this Item had been discussed earlier during a zoning public
hearing. this would repeal the existing ordinance which stated ?hat
developers could not start plattlny while annexation proceedings
were underway. Trsis was very helpful to staff out was in violation
of state law.
d. The Council held a puoJic hearing to consider adoption
of an ordinance amending Appendix A - Denton Development Code of the
Code of ordinances of the City of Dentunr Texas to provide for the
imposition of fees for submJlting petitions for voluntary
annexational providing A sevsrduilit; clauses and provid, d for in
effective date.
Tr,e Mayor opened the public nearing.
do one sp,.'te in favor.
No one spbKe in opposition.
rno Mayor closed the puolic nearing.
Jeff Aeyer, Director of Planning and Community Development, reported
that the Council n1d held a work session on tn!o 'issue. Staff had
estimated the coa; to the city to pro^:,at voluntary annexation
petitions to oe ,ilrUOU. Fv. r reseaccr, nad shown the cost ko be
approximately t2rUUU. Tns used ordinance would allow a oaximum
fee of $15U 11th no fee asb..,',ed to parcels of 5 acres or less.
Mayor Pru fem Hopkins asked if staff did not feel this Action would
squelch requests for voluntary annexations.
Meyer responded this aama type foe wds being collected in other
cities and it had not seemed to hurt.
NEVOLO
City of Denton City Council minutes
Meetingy of September 1Tr 1985
Page 9 gnteen
CounCll Member McAdams stated tnat if it would found to rave a
negative impact on voluntary annexation requester the Cov.ncil could
repeal the ordnance. At a time when the Council wain looking at the
budget and trying to find funds and sources of fur,isr the fact was
that a tract, more than $250 value was going to accrue to the
property by virtue of being in the city limits. fees for other
services w4,re being increased and this would help to defrsy the cost
to the city to advertise the annexation and staff time involved,
Council Member Riddlesperger stated that it might, be a problem to
ask a person to pay to be allows.' to pay taxes. Ke did not want to
discourage voluntary annexations.
Council Member Stephens stated that he felt people were motivated by
desire to control what was next to their property or economic gain.
Be dio not believe that most people would ask for voluntary
annexation unless they hoped to yiin something oy it, in that lignt
the 8250 would not stand in the way and would also help the c1,ty to
recover their costs.
McAdams motione Stephens second to apprw a the request. notion
carried 5 to 1 with Council Member Chew casting the 'nay' vote.
i, m e council hold a pub is hearing to consider adoption
of an ordinance am+nding 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 developmentsi
providing for pcurate reimbursement to developers for the costa
thereof; providing for prorate cnarges 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 mainar providing
for a penalty for violations thereof in a maAlmum amount of $200.00,
The Mayor opened the public hearing,
Bob Nalaon, uirector of Utilities, spoke in favor reporting that
this proposed ordinance was a prorata tot sewer lift stations.
mere had not been a prorata of this type which covered lift
stations specifically.
Cuuncil Xember Aiddlesperger asked how it would work,
Nelson replied that sometimes a developer would ouild a lift station
which was twice as large as he really needed. Anyone oleo tying on
to the lift station would pay their per gallon rate to the developer.
No one spoke In opposition.
roe mayor closed the public hearing.
Hopkins notion, Stephens second to approve the request. Notion
carried unanimously.
J. ordinance
A. Pne Council consilered adoption of do ordinance
accept in1 competitive oils and prw:ling for trio ward of contracts
for the pircnase of materials, eluidr:ent, sipplies or services and
providing for the expenditure of funds tnerefore.
me following ordinance was presented:
No. 85-idl
AA ('HOINANC6 ACC•t:PCLAi~ t.UiQt,&ICLlt; BIDS AJL) A4AIaJLN4 A
CONtRACr eOR E PURCr;ASE 1t,` +;ATr,'AIALS, e;fJLPAt:it, SlPFLLtS
oR SERJ1C95; PAVVllllya FUA CdB cAPtAjlrlRe of ejJ Ws
TNef,SfOA81 A41) PROdioinj roR A;; eFncriiF JAr6,
x
City of Denton city council Minutoa
Meeting of September 17, 19SS
Page Nineteen
Riddlesporger motion, Chew second tc Adopt the ordinance. On roil call Vot*l REddleaperget 'taveaaa ayer. g HOpkl;e p'ayer' Stephens
'ayer'
carried unanimously.
Cnew aye, and Mayor Stewart 'aye.' Motion
B. Tne Council considered adoption of an ordinance
providing for the expenditure of funds for emergency purchases of
materials, equipment, supplies or Service@ in scc^r ance wilt the
provision; of state law exempting such putch:ses from. riqu;cements
of competitive bids.
The following ordinance was presentids
NO. d5-!b1
AN ORDINANCE PROVIDINQ FOR the EXPENDITURE OF FUNDS FOR
EMEAUENCY Pt'RCH%SES OF MATe;RIALs, EQUIPMENT, SUPPLIES OR
SERVICES IF. ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES PPOM Ad$0U1AAMENTS OF COMPE'TI'TIVE
8IDSi AND PROVIDING FUR AN E1`19crt L DATA.
Council Member Alford joined the meeting,
Cnew motion, McAdams second to adopt the ordinance. On roll call
abatained,Ad Alddlesperge[ do,p ena +ayer . Steepens "aye," Alford
'aye,' Motion carried 6 to 0 4 ith Council Mtmper Alfordaabstaining.
amending S.
ection of Cna -9 he of The l So ncil tars 1 ored' adoption of an ordinance
City of Denton, Texas by raising the axt mums fine0 toinai 000 ofor h i
violation of tnose code provisions wnicn govern fire aa[ety, zoning
and public nealth and saoltation.
Acting City Manager RE:k Svenla reported tnat this ordinance would
provide the legal vehicle for a higner fine to be levied,
Debra Drayovitch, City Attorney, reported tnat this would bring the
city ordinance into line with a new state statute.
Tne following) orainar,ce was pcosentedi
N0. d5-14i
AA ORDINANCE AMENUINJ SECTION 1-5 OF CHAP'fEA 1 OF TAE CODE
OF ORL)INANCES uF THE CITY OF UtNfON, TEXAS 3Y RAISING fdd
AAAIMVM FINE TO SI,000 FOA A VIOLArICN OF TH03E CODE
PROVISIONS WHICH "VEAN FIRE 3AF~TY, 7JNINO AND PUBLIC
HEALTH A,tD SANITAffoN7 PPilVIOING A SEVERLSILI'TY CLAJSE, AND
DeCLARINJ Ad EFFECTIVE DATE.
~Ohpa,ea motion, Cnew second to adopt the ordinance, on roll call
McAdams aye," dopkina 'aye,' Stephone 'aye,' Alford 'ayer'
Riddlesperger aye, Cnew 'aye,' and Mayor Stewart `aye.' Motion
carried unanimously.
D. The Cour,ciI considered adoption of an ordinance
4msndin3 Article I of Cnaptec 10 (Fire Prevention) of the Code of
Ordinances of the City of Denton, Texas by the addition of Section
lU-i raising the maximum tine to $1,000 for violations of t.hass
seetions of the fir: prevention ctap.ec,
Debra UrayovttCn, City Attorney, reported tnis ordinance was the
same tyype as the previous ones however, tnis ordinance would amend a
spe~ific cnapter of the fire code.
Tne following ordinance was presentedi
City of Denton City Council Minutes
Meeting of Septemaer 17, 1985
Page Twenty
NO. 85-18{
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 10 (FIRE
PREVENTION) OF THE CODE OF ORDINANCES OP THE CITY OF
DENfON, TEXAS BY THE ADDITION OF SECTION 10-5 RAISING THE
MAKIMUM PINE TO Sl,UOU FOR VIOLATIONS OF THESE SECTIONS OF
T E rim PREVENTION CHAPTER PROVIDING A SEVERABILITY CLAUSE
A D DECLARING AN EFFECTIVE DATE,
McAdams motion Stephens second to adopt the ordinance. On roll
call vote? McAidams aye, Hopkins aye.' Stephens 'aye,' Alford
'a e,' Riddlesperger 'a e,' Chew "aye,' and Mayor Stewart 'aye.'
Mo{ion carried unanimously,
R. The Council considered adoption of an ordinance
amending subsections (A), (Bt (F) (2), and (U) of Sectlon 15-3.1 0!
Chapter 15 of the Code of Ordinances of the City of Denton, Texas;
increasing user fees for eert,in parks and recreation facilities.
Steve BrlnRman, Director of Parks and Recreation, reported that the
fees for various city facilities had rot been revised in 2 years.
This ordinance would allow a readjustment in those fees.
:he following ordinance was presentads
NO. 85-185
AN ORDINANCE AMENDINJ SUBSECTIONS (A), (B), (F)(2) AND (G)
OF SECTION 15-f.1 OF CHAPTER 15 OF THE CODE OF ORDINANCES
OF THE CITY OF DENTON, TESASI INCREASING USER FEES FOR
CERTAIN PARK AND AECREA'CION FACILITIES# PROVIDING POR A
SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE,
Riddlesperger motion, :,+ford second to adopt the ordinance. On roll
call vote, KcAdams 'aye,' Hopkins 'aye,' Stephens "aye,' Alford
"aye," Riddlesperger "aye," Chew 'nay,' and Mayor Stewart 'aye,'
Motion carried 5 to 1 with Council Member Cnew casting the 'nay'
vote.
e. The Council considered adoption of an ordinance
amending Chapter 12 of the Code of Ordinances of the City of Denton
to provide for the estaolienment of rates for the use of the citr's
sanitaryy landfill site and' residential and commercial sanitation
colle;tion services.
31ll Angelo, Assistant to the Director of Public Rorke, repotted
that this ordinance was a cnanys of procedure only. If approved,
future fee cnanyes would not nave to be codified into the 0ide of
Ordinances.
The following ordinance was presented:
NO, 85-186
Ad ORDINANCE AML',Y0I,90 CHAPTER 12 OF THE CODE OF URDIrrANCES
OF 'rdt CITY OP DE;ITON TO PROVIDE FOR Tlft ESTABLIWENf OF
RATES FuH 'rHd USE OF THE CITY'S SANITARY LANDFILL "ITE AND
RESIDENTIAL ANJ CO;l,49RCIAL SANITATION COLLECCION rEKVICES1
YROVIu1Nj FOR A SEVBRAdtLICY CLAUSE AND PROVIDING ?OR AN
e?FECTIVd DATE,
McAdams modus, Alford second to adopt the ordinance. On roll tail
vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,'
Riddlesperger 'aye,' Cnew 'aye," and Mayor Steuart 'aye.' Motion
ca•rled unanimously,
aataoliening rates foe the use of thed city's sanltiiy landfill ordinance
and residential and commercial sanitation collection ae:Vices as
authotited oy Chapter 12 of the Code of Ordinances of the City of
Denton,
w
City of Denton City Council Minutes
Meeting of September 17, 1985
Page Twenty-Une
Bill Angelo, Assistant to the Director of Public Works, reported
that there proposed rates had been discussed during budget
hearings. Staff was recommending a 500 increase in the residential
rates from $8 01 to 18.50 for a 30 day billlny period. This would
represent a d. 51 increase. In the commercial area, staff was
recommending a 51 increase in the basic side-loading commercial
rates which would bring the city even to its competitor in this area
and also allow the recovery of the full cost of service. In the
roll-off area, staff was recommending a Jul increase in rates which
would recover full cost and still leave the city aroximately 301
below its competitor. In the area of the landppfill, staff was
recommending the establishment of flat disposal rates on the city's
contracto of $1.15 per cubic yard for normal household garbage and
traent $1.60 per cubic yard rate for ruboian which would include
construction materials, tree limbs, etc. These wera the lowest rate
increases wnicli staff nad proposed in the last 5 years.
Stephens .notion, Cnew second to amend the ordinance in Section 11 to
keep the current residential rate of 48,0u and accept the other
rates.
Council Member Piddlesperyer asked how much the extra SU! would
really bring In.
Angelo responded that the additional 501 would bring in
approximately x75,000. The only new program in the budget for the
next fiscal year was a 420,000 contract for a litter clean up
a eaaitgo clean tup some sof tneh bllighted eareas inprto n, toff Chad
looked at adding a crew to do this which would mean an additional
$4u,J00. the city had been working with the Denton Mental Healtt.
Centers to use than, clients for this program at an hourly rate of
$6.75 pec pour. A decrease in rates would mean the loss of this
program. A decrease might cause a severs problem in dependability.
One of the rates was to continue the vehicle replacement program
which would have to be delayed another year.
Riddlespergef motion, Alford second to amend the main rt.)tion to
allow for the 1d.50 residential charge,
Council rlemoer i4CAddms asked if the projected revenue was included
in the proposed oudget Council was reviewing, 1
Angelo responded yea.
Council 4emoer ACAdama asked if the 5ux' increase was not approved,
would the $15,0JU nave to be deleted from the budget.
Angelo responded yes, from the revenue aide.
Council memoer Stephens asked now staff arrived at the $75,000
figure,
Angelo responded staff multiplied the numb-r of residential
customers times Sue times 12 months. Thia Increase would not tallow
any real profit. A portion of the money would go to cover :oats at
the landfill, Both the tesidential and commercial rates were
designed to pay the landfill disposal, fee,
Council Member Stephens stated that fees in the other areas were
being increased also. He would prefer not to take the rates on the
L1ty residents out ratner to ritCCeaee the rates a little more to
those wt,u come tro,n outside the city who are using the landfill,
Angelo responded that with the increases in the landfill usage
rates, staff did expect the numuer of customers would decrease. The
rate ordinance nad been prepared as a package. If there was
discussion regarding luwrring one of the foes, s~dCt would like an
e,puctunity to reassess the entice fee steuL'ture,
rl~efrsr,~lrlr
City of Denton city council minutes
M04ting of September 110 1985
Page Twenty-Two
Council Member McAdams if the roll-oft fates would be increased to
offset the 504 and still remain below the competitors,
Angelo stated tnat mig-t oe poesiol,e, There were only 28 roll-aff
cu~k.omers.
Stephens motion, Chew second to table until the September 19
meeting, Motion carried unanimously.
H. The Council considered 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 junked vehicles[
amending thw amount of the penalty for violations for maintaining
junked vehicles to provide for a penalty in an amount not to exceed
$1,000,00.
The following ordinance was presenteds
NO. 85-10
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES
OF T!iE CITY OF DENTON TEXAS TO PROVIDE FOR AN AMENDED
DEPINItION OF JUNKED V1111CLESI AMEN:INO THE AMOUNT OP THd
PENALTY FOR VIOLATIONS FOR MAINTAININJ JUNKED VEHICLES TO
PROVIDE FOR A PENALTY IN AN AMOUNT NOT TO EKCEda $1,000.0)1
AND PROVIOINO FOR AN EFFECTIVE DATE.
Hopkins motion, Chew second to adopt the ordinance. On roll gall
vote, McAdams 'aye,' Hopkins lays, Stepliena 'aye,' Alford 'aye,`
RiddJesperger 'eye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion
carted unanimously,
1. fne ,ouncii considered adoption of an ordinance
amendingg the Subdivision and Land DeveloDmeat Regulations (Appendix
A) o: the Code of Ordinances to provide tot i.equited local lift
stations or force mains to serve developments p,:oviding for prorata
relmoursement to developers for the costs tnereof) providing for
arortta charges for persons connecting to or using much facilities
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 $2UU.U0.
the following ordinance was presenteds
AQ. d5-14j
AN ORDINANCE OF 'rAe CITt OF 0E4rUN, TEXAS AMSNDINU CAE
SUBDIVISION AND LAND DEVELOPMENT eeWLATIONS W?ed DI.i A)
OF TdE CODE OF ORDINANCES rO PROVIDE FUR REW IHCO LOCAL
LIFT SrATIONS OR FORCE MAINS rO SERle DEVELOPMENTS)
PROVIDING FOR PRORATA REIMSJRSEMENT r0 DEVELOPERS FOR rHE
COSTS rdEHEOFI PROVIDING FOR PRURAfA CdARCES FOR PERSONS
CONNECTING TJ u. USING SUCH FACILICIESI R:PEALINO THE
PROVISIONS OF CdA,'TER 25 OF TdE CODE OF ORDINANCES ON
eArENSIUNS OF WATCR AND SE4%x MAINSI PROVIDING FOR A
PeNALTt FOR VIOLATIONS rdBREOP IN A MAXIMUM AMOUNT OF
S200.UU) PROVIDINJ FOR A SEVERABILIrf CLAUSE) AND PROVIDING
FOd A;i eFFEi;TIVB DAre.
Htllki: new second to adopt the ordinance. On roll call
votr±p MBA.. ,iopxins 'axe,' Stephens 'aye,'' Alford 'aye,'
Lrle..i "iye, anJ iidyor SLe.ALt 'dye.' Motion
iLLr •rf unan.:'.>usly,
J. fne Council considered .doption of an ordinance
ievylny trig ad v_ilorem tax of the City r,f Denton, Texas, for the
~r~
{
City of Denton City Council Minutes
Meeting of September 17, 1985
Page Twenty-Tntle
John McGrane, Director of Finance, reported that staff was
recommendLng that the ad valorem tax actual tax rate of 599 per $100
evaluation be adopted, state law required certain notification
which was a process th. city had peen going through over the past
several meetings, This day was the last day the council could take
action on 5'a` without being subject to additional notice
requirements.
Mayor Skewaft asked if the Council could lower the tax rate without.
additional notification.
MCirane responded the Council could do that at this meeting. If the
tax ra'ce were to be lowered after this date, it would be subject to
notification requirements.
Mayor Pro Tem Hopkins asked if the Council Set the rate lower than
599 and wished to raise it, would this still require notification.
Mcarane responded yes. Should tae Council not adopt the tax rate at
this meeting and wished to change the rate, unless the rate was
below 31 ever the effective tax rate, notification would have to be
done,
Mayor Pro Tem Hopkins asked if the Council did not adopt a tax rate
at tnis meeting, would the current tax rate remain in force.
McOrane responded that the Council had alreedy voted on a $94 tax
rate. They were now adopting the rate.
Council Member Hiddiesperger stated that he did not see any :_y the
city could get by on lose tnan the SU9 rate, There were obligations
which had not been met.
Debra Drayovitcn, City Attorney, reported tnat the confusion seemed
to stem from the fact that, in the past, wnen the tax Cato had been
lowered, it had been done within 14 days of the notice. The law
required that if an incre'.sed rate was not adopted by the 14th day,
an additional 3 day notice must be given before any rate in excess
of the effectiva tax rate was adopted. Sne believed this to be a
misprint in the law, She would say that the Council could go within
34 of the effective rate) holiever, the law stated notification would
have to be given before Council could adopt a rate in excess of 559,
btephenS motion, Chew second to set the tax rate at 57,444 per $100
evaluation,
council Member McAdars stated that her feeling was tno council could
fed-ice the rate to 57,449 if they adopted 599 now. She did not
think tnat the Council could see at this po!nt how tie rate could oe
reduced, fne Council tied heard from various human service agencies
at this meeting requesting that tneir funds not be cut. Tne Council
nad ta!.xed about cutting from the budget and the only reasonable
place to get any significant difference was in employee's salary
increases and she was not in favor of this, iven so, !ne Council
still had to consider funding for Plow Hospital. The chart provide,i
snowed that the rate would only amount to a few pennies. She did
not want to be put in the position of voting for a tax rate which
was not sufficient to offer the same level of city services to the
citizens,
Council Member Rld1lesperyer atatcd that no believed the Council
would be irresponbAble to set a rate now wnien wuuld not allow the
budget to fund various needed agencies and programs, such as Plow
Hospital. If not funded the city was going to lose the hoeppital.
He felt the Council should leave the rate as it was until decisions
could of made on wnat would oe c,at from the oudyst,
Council Member McAdams stated tnat Council 111mber Stephens had
raised the possibility of not raising additional funds tnrough the
City of Denton City Council Minutes
Meeting of September 17, 1965
Eage Twenty-lour
sanitary system as well as the possibility of bringing the proposed
new police officers on sooner. Those things cost more, not less,
money, It done, it would resurt in a deeper cut in the existing
services to accomplish that redQ%:tion.
Council Memoec Stephens stated that Council Member McAdams was not
taking Into account the readjustment of items which were presently
being funded in the budget. She vas taking for granted that all the
items in the proposed budget were necessary. There had been a re-
evaluation of property and some of ene same eitisens who paid a
considerable amount last year -uld be paying more next year. As
the community grew, there would be a large number of people who
would reach retirement age and be on fixed income and Otheru whose
inco.ne might not be increasing as fast as the taxes, de felt this
was something the Council had to keep in mind as well - to not let
government oe a burden on those wno had little ability to pay.
Mayor Pro rem Hopkins stated that as he understood it, the council
could leave the rate at 591 at this meeting and then they could
advertise and have 3 more days to set the final rate,
Dcayovitch responded that the Council could take no action at this
meeting ar,l would still have J additional days to set the final rate.
Mayor Pro 'rtm gopkihs stated that the Council would be going over
the budget itge by item on September 19, it seemed to be 7ood
judgement to w;.t until then to set the rate.
Dcayovitch replied that the budget must be approved by September 201
however, tae tax rate could be approved during the nexh, week.
Mayor Stewart stated that he thougnt tnete were cuts which could be
made. The 594 rate would, in effect, raise taxes U.
Council Member Aiddlesperger stated tnat he would remind the Council
that there would have to be money appropriated for Plow Hospital
whicn was not in the proposed oudget.
Council Member McAdams stated that all she wanted to nave was some
flexibility when the .)udget was reviewed. Tne Council would be
locked into a dollar amount and would then be faced wltn having to
review the budget items not on their merit, but this dollar figure,
Council Member Cnew stated that tnets were things in the budget
which were unrealistic and could be cut, Council could look at
salary increauve and cat allowances to make cuts,
Council Member Alford stated that the Council should be flexiole and
could bring a list of their concern in the proposed budget so these
items could be reviewed at the next ;neetin7,
Council idemoet St,;pnene called the question.
McCrane reported that state law required the motion on the rata
ordinance Include the amounts for maintenance/operations and debt
service, rho motion for 57.44E would mean 414,24 for de.: service
and Jd,20 foe naiitenanee and operations,
on roll call vote, McAdams 'nah,' Hopkins 'nay,' Stephens 'aye,'
Alford 'nay,' Niddlesperyec 'nay,' Cnew 'aye,' and Mayor Stewart
'aye.' Motion failed 4 to 3 with council Mombers Stephens and Chew
and Mayor Stewart casting the 'nay' votes.
Acting City Manager Aick Svehla reported Ghat the Council would
decide on the budget on September 19. Tnat would in effect, set the
tax rate. At that time the Directot of Finance would advertise the
rate in the newspaper, once in the paper, Council Aould have to
wait J days to approve an ordinance.
F
City of Denton city Council minutes
hitting of Septemoer 17, 1983
Page Twenty-flue
Drayovitch responded ',,)at any tax higher than the effective tax
rate, which was 55if had to be advertised. The notice had to state
the percentages of maintenance/operations and deb`. service.
instructions were given to the City Attorney to readvertise the rate
at 51, for the additional 3 days and then reassess notification
cequiremente after the budget was approved on SeptemDer 19.
Council Member Stephens asked it the Cnarter specified a time by
which the tax rate must be set.
Drayovitcn responded the Charter specified that the budget must be
approved 10 days prior to the end of the fiscal year. However, in
regards to tax rate, the Cnarter only stated the Council might levy
and collect taxes in accordance with the law,
N. Tne Council considered adoption of an ord Wance
adopting the budget for the City of Denton, Texas, for the fiscal
year oeginning on October It 1985, and ending on September 300 1906.
This Item was defected until September 19,
G. The Council considered adoption of an ordinance
amending various sections of Arttole III of Chapter 2 of the Code of
ordinances providing for purchasing procedures# authorizing the
expenditure of funds for all n,,dgeted items not exceeding $10,000 by
the City Managers providing for all cc-Itracts calling for
expenditurea of S10,D00 to be approved by the City Council.
Jonn Mcdrane, Director of Finance, reported that the state law had
recently changed the limit Eric Onion cities had to have a formal
bidding process. The iimit had been raised to allow cities to go up
to 510,000 and staff was recommending that the council approve this
change.
Mayor Pro Tem dup:lns suggested the Council leave the limit at
$3,000.
McGrane reported that the formal bidding process did require the
city to notify.
Acting City Manager Rick Svehla reported tnat the increase would
also allow staff to streamline manpower requirements and would save
the city some money in advertising coati.
Council Memoer Stephens stated that h,~ felt the Council enoild still
be Jnform(ed of more expensive items as they occurred.
Council Member McAdams stated the council ^,ould change the limit to
$10,000 out tner, instruct the City Manager to inform the Council of
ail puccnases over SS,000.
Svehla reported that if the limit wets raised, the notification and
advo.ttieement would not be required. He could still inform the
c)uncil o° expenditures over 87,0000
Mayor Pro TOM Hapkins stated that no would not mind the limit Wng
raised to SIU,000 as long as the Council was lnfsrmed.
Mcarane reported that the ordinance would set a S1U,000 limit on
formal bidding procasa, It rv4uired lOforMal u11j un items in the
S1,u0U to SlOpOOO range. This meant the Purcnasing Agent would
still nave to get 3 oils uut it did eliminate the formal advertising
procedure.
Council Aem"e Stephens stated tnat nle concern was that the SlOr7UO
limit meant that expenditures up to that point would not tequtie
prior approval by the City Council,
771
City of Denton city council minute
Meeting of Septemoer 170 1985
Page Tw:nty-Six
SVehla responded that now, any expenditure of $3,000 sad to be
approved by Council. If Council raised the limit to $10#00U,
anything the city old which was over '100000 would come before
Council. Anytning less than $1Or000 would be bid informally and
staff would be allowed to award the bid without Council approval,
staff could report these expenditures to the Council prior to award
of the bid. There was now a 11 day notification requirementr this
would speed up the bid award process.
Council Member McAdams stated that the Council could require the
staff to notify the Council of the expenditure prior to award of the
old but this ordinance would allow staff not to have to advertise.
The following ordinance was presented;
NO. 85-189
AY ORDINAJCE AMENDING VARIOUS SECTIONS OF ARTICLE III OF
C4APr8A 3 OF THE CODE OF THE CITY OF DENTON PROVIDING FOR
PURCHASING PROCEDURESI AUTHORIZING THE EXPENDITURE 08 FUNDS
FOR ALL BUD4ETEU ITEMS NU'r EXCEEDING TEN THOUSAND DOLLARS
1$10,000.00) BY TH8 CITY MANA09A1 PRWIDINO FOR ALL
CUNTRAC'TS CALLING FOR THE EXPENDITURE Of TEN THOUSAND
DOLLARS (!10,000.00) OR MORE TO dE APPROVED BY 'THE CITY
COUNCILI REPEALING ALL ORDINANCES IN CUNFLICri AND
DECLARING AN EFFECTIVE DATB.
PCAdams motion, Riddlesperger second to adopt the ordinance. On
toll call vuter McAdams 'aye," Hopkins 'aye," Stephens 'nay," Alford
aye, .tiddlesperger "aye,' Cnew, 'nay,' and Mayor Stewart "aye."
Motion carried 5 to 2 with Counci'. Members Stephens and Chaw casting
the "nay" votes.
Resolutions
A. The Council considered approval of a resolution
establishing a `60,000 6 month loan from the utility system fund to
the Denton Airport.
Boo Nelson, Director of Utilities, reported that the airport needed
$60,000 for streets and water lines. The Puolia Utilities Board had
approved the request for 6 months at 8i.
me following resolution was presenter;
R E S O L U T 1 r)N
BE IT RESOLYEU BY r.:n COUdC[L UP THE CITY JF DENrUN, T99AS, THAT;
E WdEREAS, the Denton Municipal Airport is in the process of
improving street and water facilities at said aitporti and
WdEREAS, in order to meet the ooligations of said
improvements it is necessary to receive additional funding] NOW,
rdEREFORE,
dE [r RESULVEU BY THE COUNCIL UP TdE CITY UP DENTON, TEXAS$
SE~;rIUN I.
rnat the project entitled 'Airport Street end Water Line
Improvement" is hereby approved for the Denton Airport.
sECrIUN II.
chat the City Manager is aithori2ed to transfer the OUm (A
Sixty Thousand Dollars ($60,UUU) tcom the Electric Department cash
assets of the Utility system Funu tr the Denton Airport fund as a
loan to be repaid to the Utility Department by Hatch 150 1996, with
interest at the rate Of eight O percent per annum.
City of uenton City Council Minutes
Meeting of September 17, 1985
Page Twenty-Seven
PASSeD AND APPROVED this the 17tn day of Septemoer, 1985.
RICHARD 0. 5 R ,
CIfY Or UENsrONr TEXAS
ArTESr:
RLO d A L , CIrY SECRETARY
CITY Or DENTON, TEXAS
APPROVED AS TO LEGAL FORrts
UEBRA ADAMI DRAYOVITCd, CITY ATrORNdf
CITY OF UENTON, TEXAS
Hft
McAdams notion, Cnew second that the resolution be approved. On
roll call vote, McAdams 'aye,' Hopkins 'ayes' Stephens 'aye,' Alford
are, Riddlesperger 'aye,' Cnew 'aye,' and Mayor Stewart 'aye,'
Motion carried unanimously.
S. ~ne Council was to consider approval of a resolution
selecting and designating a depository for city funds.
Acting City Manager Rick 6venla asked tnat the council defer this
item until septemoer 21,
5. Tne council considered approval of the City of Dontorn tax
rolls as received from the Denton County Appraisal District,
Riddlespergat motion, Chew second to approve the tax rolls, Motion
carried unanimously.
6. me Council held a discussion of petition of Burke
Engineering, representing Richard Compton, for voluntary annexation
of approximately d1,6B63 acres of land oeginning norm of Hickory
Creek Road approximately 2,50Q feet west of FM 2181 for the purpose
of determining dnother to begin the annexation process,
Davit dllison, Senior Planner, reported that this location was just
to .it north of the Dunton Manor 'instates voluntary annexation and
the City of Denton involuntary annexation which was current in
procesu, Tnis has been discussed at d work session and staff
tec,immended annexation, Staff further recommended a large
comprehensive annexation tot she property along FA 2181 and Hickory
Creek Road it A future date.
Stephens .notion, McAdams second to oegln the annexation process.
Motion carried unanimously.
7, Tae Council neld a discussion of preliminar; plat of Rita
Hlanca Actes, a propoced aleven lot estate suoiivisioa planned for
30,1d1 acres ueglnning adjacent and nortn of ,iarshun Rudd, west of
Green VAiley toad, south of Shepard Ruad, and east of dribble
Springs Road, for the purpose of determining whether to begin the
annexation process.
David Ellison, 'ivnlor Planner, reported tnat this site visa located
approximately 3 1/2 miles from the existing city limits line, Staff
did not feel, given the scale and type of development, Ghat
annexation was feasible.
Hopkins liotioh, Alford second not to uegin annexation procedures.
Motion carried unanimously.
City of Denton City Council Minutes
Meeting of Sepptember 11, 1985
Page twenty-Bignt
8. me Council held a discussion of the preliminary plat of
Western Vintage Rotates, an eight lot estate subdivision proposed on
21 acres beginning adjacent and east of NS 1230, west of hilltop
(toad, and north of Hickory Hill Road, for the putpose of determining
wnetner to begin the annexation process.
David Ellieon, Senior Planner, reported that tr.e Council had chosen
not to annex, a subdivision approximately 3/1 mile west of this
site. Staff recommended that the Council not annex this pcopacty.
Hopkins moti)n, McAdams second not to t+egin annexation procedures.
Motion carrio d unanimously.
9. Tne:e was no of(s-:al action on dxa4:utivr Session items of
legal matteru, real estate, personnel or board appointments.
10. No items of New Business iere suggested oy council Members
for future aq endas.
Tne Council reconvened into the Executive 8issiorl to disouae .*gal
matters, real estate, personnel and board appointments, do official
action was taiten,
With no further items of ouaicess, the meeting was adjourned.
AtCrIARD 0. S' EWAR , MA OR
CdARLOtfE ALLEN, CIU SECRETARY
1))SC
77
City Councll Minutes
September 19, 1985
Tne Council convened Into the Special Called Meeting at 1:00 p.m, in
the Civil Defense Roam,
PRESENT: Mayor Sprewartl Mayor Pro Tom dopking; Council Memberi
Chew, McAdams, and Riidlespergar
Acting City Manager and City Attorney
AHSdNC: Council Member Alford was detained due to business
Council Member Stepnene was detained die to Grand Jury
service
Tne Council field a discussion of the proposed 1985-86
oudget,
Th9 Council neard a presentation ny representatives from Plow
iiemoriaL Hospital regarding tneir request for funds from the City of
Denton,
Covncli Member Alford joined the meeting at 1:30 p.m.
Tile COUnaii tnen Degan a review of suggested reductions in the
oudget.
Council Memuer Alford left the meeting at 2:30 p.m.
Council Member Stephens joined the meeting at 2:55 p.m.
Council iiemoer Alford joined the meeting it 1:UO p.m.
P consensus of the Council was reacned on various projects and
programs to to reduced or deleted from the uudget as presented.
oiscuseicr:s were then veld on proposed salary and wage increases.
McAdams motion, Alford second to approve the ps,+ plan as presented
oy staff. Motion failed 4 to 3 with Council memoers Stephens and
Cnew, Mayor Pro Te,n Hopkins and major Stewart casting the -nay'
votes.
Cnew motion to decrease all proposed aalary and wage increases by
it. Motion died for lack of a secona,
McAdams motion, Hopkins second to reduce the proposed 71 increases
to 61 and approve the remaining increases in the pay plan as
presented. Motion cdrried 11nanimously,
Tne Council then continued discussions on the proposed oudget.
AcAddn„ motion, Riddlesperger second to add to the $168,991 in
oudget evductions, additional funds in tree a,nount of 556,0U7 from
funds as staff recom:nend_d for a total of 51250000 for ?low memorial
dospital and to a9opt the oudget as suU;nittltd. Motion carried 5 w
1 with Council iiemuers Stepnens dnd Cnew Ca3ting the -nay- votes,
.1onn McGrarie, Director of Finance, reported that the 156,UU7 would
fie taker, from the miscellaneous 2•;nd ,t tnis tine in order to
expedite passage of the oudget ordinance.
Acting City Mal,aget, ells,; Svehla reporter that staff would review
the various funds and ,rake the necessary adjustments and transfers
at the end of the 19d5-46 fiscal year. Further, if the revenue
snaring funds allocation should ce larger than projected, these
additional funds wvula ue considered for Flow Hospital and otner
city programs,
26 The Council considered adoption of an ordinance adopting
the oudget for the City of Denton, texas, for the fiscal year
beginning on Octooer 10 1y65, and ending on September l0, 1996.
7 r7en74~
.
Meeri f Denton°,Fity eocicl4 Minutes.
ng of September I90 1905
Page Two
The following ordinance was presented:
NO. 85-19D
AN ORDINANCE ADOPTING TdE BUDGET FOR THE CITY OF DEN'TON,
TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER It 1985,
AND ENDING ON SEPTEMBER 10, 19d6i AND nECLARING AN
EFFECTIVE DATE.
Riddlesperger, motion, McAdams second tnat the ordinance oe ado,.ted.
on roll call vote, McAdams 'aye,' dopKins 'aye," Stephens 'nay,'
Alford 'aye,' Riddlesperger "aye,' Chew 'nay,' and Mayor Stewart
'aye.' Motion carried 5 to 1 with Council Members Stepheta and Cnew
casting the 'nap' votes.
3. The Council cone&-tred adoption of an ordinance
estaolisning rates for the use of the City's sanitary landfill site
at.d residential and commercial sanitation collection services as
authorized by Chapter 12 of the code of Ordinances of the City of
Denton.
The following ordinance was presented:
NO. 85-191
AN ORDINANCE OF TdE CITY OF DENTON ESTABLISHING RATES FOR
TdE CSE OF THE CITY'S SANITAki LANDFILL SITE AND
RESIDENTIAL AND COMMERCIAL SANITAf1011 COLLECTION SERVICES
AS AUTHORIZED BY CHAPTER 12 OF file CODE OF ORDINANCES OF
TdE CITY OF DENTON: AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Alford second to adopt the ordinance. on roll call
vote, McAdams 'aye,' dupxlns "dye," Alford •dye,' Riddlesperger
'aye,` Chew 'aye,' and Mayor Stewart 'aye.' Motion carried 6 to C
with Council Memoer Stephens abstaining as he was not present
earlier in the meeting when this issue was discussed.
4. Executive Session
Tne Council did not convene into the Executive Session,
wltn no further items of business the meeting was adjourned.
RICURD 0. S'rdd6.4r, MAYOR
~PRLJCIE ALL.64, C1re SECRETARY
u9y7a
mom
City Council Minutes`
September 240 isles
Tne Council convened into the Special C+flled Meeting at 7roo p.m, in
the Council Chambers.
PRESeNT: Mayor Stewart; Mayor Pro Tem Hopkins; Council Memoers
Alford, Cnew, McAoams, R!ddlesperger and Stephens
Acting City Manager, City Attorney and City Secretary
ABSENT: None
Mayor Stewart moved agenda item i2 forward it the agenda order.
2, Tne Council received the applications for banking services
for the City of Denton.
John McGrana, Director of rinance, reported tnat applications to old
on oanKing services were sent to all the banks in Denton. one bid
nad oeen received from the First State SanK with a 15,000 check
attached.
Tne Council tnen returned to the agenda order.
Tne Council considered approval of the Minutes of the
Special Called Meeting of September 19, 1985.
MopKins motion, McAdams second to approve the Mi3,tes as presented.
Motion carried unanimously.
3. ordinances
A. Tne Council considered adoption of an ordinance
levying the ad valorem tax of the City of Denton, Texas, for the
year 19d5.
Jong MCGrane, Director of Finance, reported that state :aw required
tnn approval of an ordinance setting the tax rate. 'rne ordinance
set the rate at 5Pt per f1UU evaluation.
Mayor Stewart caked for the specific percentages.
Deora Drayovitcn, City Attorney, reported tnat 0.3924 of the tax
rate was for the General Fund for maintenance and operation
expenditures; 0.1976 of the tax was for debt service.
Tne following ordinance was presented:
NO. 85-192
All UHDINANCE LEVYING TAE AU VALORej TAR OF THE CITY OF
DE.JfUN, fEKAS, FOR CAS YEAR 1Y0, Ar TdE RATC oe $u,59 PER
$i0U.U0 ASSESSEO EJALOAfION 0A ALL rAAAHLE PRCPERTY WITdIN
rd:: C0RP0RAf6 L£c11rS OF fHE CITY Oa JANJAR'Y 1, 1985, Nor
6At;klPr dY LAd; PROJfUING REV6J'JES FUR PAYm6.Jr u? CURREdr
AJAICIPAL ECPENSE'i, AVo FJR INfeRESr AND SINKING FJ140 ON
JJfSfArJUING Ciff +)F OdNfON 304067 PROVIOIN'3 FOR LIMIreD
EXF,9P210iiS OF CEt AlN HOAZSf~ADS; P?WIDING FOR EUFORCE &AT
u COLLe.Cr1UI S; PRUVIOINJ FOR A SiVERA61LITY CLk[JSE; A,JO
dA0VIUTA; AN Lce&.riVE DACE.
IdcAdams motion, Alford second to adopt the ordinance. On roll call
Vote, McAdams 'aye,' Hopktns 'aye,' St9pnens 'nay,' Alford 'al!,'
Riddlesperger 'aye,' Cnew 'nay,' and Mayor Stewart 'aye.' Mot on
carried 5 to 2 witn Council Memuers Stepnens and Cnew casting tae
'nay' votes.
Agenda item J.4 was passed in the agenda order to allow the Finance
Director to rev,ew Cue aid for oanKing services.
i. d. , .
city'of GintoA City Council Minutes
Meeting of September 240 L945
Page Two
4. Resolutions
A. The Council con'.idered approval of a resolution
appointing an Assistant City Judge to perform the judicial functions
of the Municipal Court in the ahsence of the City Judge.
Mayor Stewart stated trat City Judge Miller had recommended
Mr, Keith Orsourn as appointed as Assistant City Judge.
The folloring resolution was presented:
R E S O L O r I 0 N
WddREAS, Section b.UJ of the Charter of the City e)f Denton
dutnoriZes the City Council to appoint Assistant City Judges to
perform the duties and functions of the Cit, Judge; and
WHEREAS, the City Council deems it necessary to appoint an
Assistant City Judye to nandle the )adicial functions of the
municipal Court rn the aosence of the City Judge; NOW, rHEAzeORet
se I'r RESOLVeD Bi THE COONCV, Of THE CITY W DENTON, TEXAS:
SECTION I.
feat D. Keith Orauarn i.s nereoy appointed Assistant .;ity
Judge of the Municipal Court of the Cllr of Denton; Texas puLsuant
to Section 6.U! of the Charter of the City of Denton, Texas.
sECrtuN it.
inia Resolution small oecome effective from and after its
date of passage.
PASSdU AVJ APPROVED this the 24th day of Septeroer, 19d5.
RICHARD 0. Sfd0,ff, MAYOR
Ciri OF DEMON, 'TEXAS
ArTesr:
CHARLUrrE ALLEN, CIr' SECRcrARY
Jr UcANA, reXAa
AVPROJdJ A:: PJ LE!iAL E"J,t,1:
DeJRA AJAM1 URAfVJELA, Clrf ArrJRAif
Cfrf Ur" JrS'7iJa, :'F,fA
1~:[iVC ~fV i'.l rili7d ln9 1sKed if the e:.j J.tt:)Crrsf a~lree.i 'wltn tie
JuJ'32'S Cr: l.r'[IldtlonJ Va39: :)n iIr. UrbUUrn'.9 cradenCiaiS,
UeoCd UrdyVJLtCn, City Attorney, responded tnat she had received the
resume at x:10 p.m. and nad not had sufficient Fime to review the
contents.
Council ieauer stephens stated that Judge Miller was very thorough
and felt the Council could act ua ner recommendation.
Stepnens motion, Cnew second to accept the recommendation of the
City Juo?s. On roil call vote, McAdams 'aye,' HopKins 'aye,"
Stepnens 'die,' Alturd 'ale,' Rid':!esperger 'aye,' Cnew 'aye," and
Mayor Stewart 'aye." tlotlcn carried unanimously.
City of Denton city Coun~i2 1Rln:~es
Meeting of September 414, i989
Page Three
6. New Business
Tne
future agenda;following item of New Bvs."'. was suggested for a
1, Council Member McAdams r ked the Finance Deparl:menL to
riport on the financial impact of increasing the over-65 exemption
for ad valorem taxes,
:sa Council tren ccnaidvred agenda item IJ.B.
d1 me Council considered adoption of an ordinance
,lesignating a depository for City of Denton funds for a term
oeginning Octooer 1, 1969 and ending September JO, 19dl.
John o,;rdr, ,;Irec, F "r Finance, eported that in light of cne
idct tnat Q„1, .,;ne ;,,,e❑ rrceiveo, staff recommended First
State BanK oe iddrdeu ecru uid as depository for City of Denton funds.
me )idder nad offered under 'interest Rates to be paid an Single
Maturity Time Deposits' the treasury Bill Yield for the closest
maturity as reported by the riall Street Journal for the previous
ousinesa day. Under Kepurchase Agreements, the First State dank had
agreed to pay Lne City interes,: on eacn repurchase agreement at the
rate 3f not less than 190 basle points below the 30-day Treasury
Bill Yield as reported oy the Wall Street Journal for the previous
business day. rv•in.i ,•ruld ue made to the :1ti stet r ;c• rat: ,t 701 of
the current puolisneo Interiirst Dallas prime rata. A minimum rate
of 5 1/44 interest Would oe pdid of demand accounts, eucrs as NOW,
Super-!4)1J or ;4J11e1 MarK~t Accuunts. In the eve.it of an aggregate
deficit in the demand accounts (a deficit if. one or arore accounts
wnlen <Ceuls 'ne (IIf n,-es r1 r
i ,I . t
9i , r :1311iK Wuuau Clary 14, Yu servLceJ cnac
e C4 t'J C,t i"cif 3v.^1, Seri
G .139 pre aen red:
N0. d)-19J
Ad OhDINANCe OF THE CITY COUNCIL OF 'fHE CICY ve jf4 rO;i
UESIGNAr1':: "0''iI rc)A/ F,~4 CI If FJ:1U8 F;);4 A C6N.
8^';?'d4IN ? 1Yd'4 ANJ lii:4 S P1'4f4ddk JU, 19d7r
1:'- a CL,AA1NJ A,4 EFFECrIve DArF.
M.AJin3 rr)ti,)n, .,~)E~i .;e.e, i,; .j a4,)t t;.
p - vCdlfl arl.,e, •1,
v
R id ote, M'Acjci, ""iije,~ dupins .4je.' step:iens "aye." .Alf_•r,j
ie r , Cnew aye, dnci Mayor SteW,arr ion
carclr;l ;n.inrsously.
r: ~~nve~.. rnty o, ,
le.{if rtt YS, r ,l jt.,, I,rr =1, i;s
official action 4'r
.L .J
RICHARD 0. S'fENARf, MAfOR
CIARLOPfE ALLEN, Clfi SECRETARY
12d6a
City Council minutes
10t0ber 11 1985
The council cony-oed into the Work 9esss, at 6:00 p.m. in the Civil
Defense Room.
.OUNCIL
PRESESr: eiayor Stewatty Maa,ir Pro ?em Hul,tin): Council Members
Alford, 'new, MCAaa,i,s and Stepnens
Acting uity Manager, Assistant City Attorney and City
Secretary
cWtv"IL
AdS6NC: cuuu,:il Menoee Riddlesperger was ,_1 vacation
dUd
PAESBNC: : Laney, Nancy Boyd, Kenneth Frady an.. ed Coomes
PUB
ABSOi Jon r, wnpsw:
1. Tn,: 'ouncil nel.l a discusBio+, on the proposed Public
Utilities Boar self-evaluation et. y of, the utility system.
doo Nels•?n, .rect.r of Utilitiest, reported that the Public
Utilities doica naa oeen locking at a sal' avaluatlon study of the
Utility Department. Nelson then turned tn~ discussion over to Mr.
Roland Laney of the ruolic Utilities Board.
Ar. Rolan :.aney, Cnairpeidon reported that approximately one Pear
ago, the ooard r j discussed the management study which was rega.red
by the city's carter. rho next study was due to be lade in 198d.
As the Doard considered the yuired management study, more and more
issues nad been discussed. )jr firms na1 submitted proposals to
conduct one study and two nad oeen Interviewed by theooard. Eacn
firo uttered d 'package deal' consulting of computer r,oftwaee and a
niteOOOK of pcepar~-+ I-lea,ions. Try ooard nad held fLrtr,er
discussions and had uecided to redirect the aim toward learning
a0'' 1, -ne utility system. rna rnird nad thought this co sld be part
)r Cnn t:nartec requirement out n.i discovered that legally, it Could
nut. If requtted to study in two years, it would bencove the
the u::iity department L~ *_udy itself. The Public Utilities Board
nad incr: awed Dr. Littlefield and reco,maended that ne De
retair.ed. ine Uoard wanted a comprehensive study of the
rejY~,isiotlitlea of the Utility Department, to look at the
r<lationsnips oetwren the Utility department an6 other cit
departments. The Utility Department was unique oecause it paid its
own way and made money. The Board wanted to review the einances of
the department th see if it would be good to establisr capital
funding to offset Oond money. Mc. Laney further stated that he
personally felt the ney for tnis study would be well spent.
,?s, Aancy Boyd, Public Jtilities Board r!nber, stated that sne
agreed doolenearteity. rnere Ass a lot to op said for self-study.
A gre..t deal 4uuld u' leanred aoou: the system and wnat it eras doing
,ell.
Ar. Renn,21tn Frady, Flour Jtiiities Board Meader, stated !,iat ne was
new to the Uuird out ,Jid feel the self-stud/ would be good.
raayo. Stewart -asked what tae stout' would r,ost.
Hr. Laney responder approximately $14,OUD, i
i
Council rle+auec C+iew asxed what were Dc, Littlefield's area,i of
expertise.
Dr. Littlefield responded tnat he nad taugnt at north 'Cexae State
university for more than JU years and nid performed consulting
services, its worK naa been in tre areas of general management,
organizational studiev and operating management. In general, ne
tried to 5e a management generalist rather than a specialist :n his
approach. Tnat seemed to us appropriate for the correct prospecl.:ve
in this study. He would survey the general organization and the
City of Denton city council minutes
meeting of October 1, 1905
Page NO
working relationship oetwren the Utility Department and other
departments looking foe areas with potential for improvement. His
thought dam to nave Involvement from the Utility Department
employees with an eye to the good use of time. He hoped to be able
to communication witn all levels of management in the Study.
Council Memoer chew asked or, Littlefield is he had wotKed with any
public utility before in his consulting,
or. Littlefield responded not only private businesses.
Council member MCArama stated that one had some concerns though she
did appreciate tint Public Utilities Board's efforts. She realized
that the Charter specified a management study but did not see now
this study would p;ug in to the requited one.
Boyd responded tnat ane felt there was a need to review what the
goals of the Utility Department were and where they were. The atudy
required by the Charter was expensive,
Council Memoer McAdams stated that the Charter did require the
management study so it was an otligation. The proposed
self-evaluation study would cost approximately 038,U00 and there
could be additional expenses.
Laney responded that from what the Public Utilities Board had peen,
a management study done dt this time would be worthless. It seemed
the board should do its homework first and their approach a
professional firm with a definite idea of wnat should be reviewed.
mayor pro rem Hopkins asxed Mr. Laney what ne envisioned to be the
difference in the two studies.
Lan t resp)nded tnat the management study would tell now many people
were working in the Utility oepartmenti the numoer of customers
currently on the utility system and project the numoer in the
future] nert would ue lots of graphs. Tne self-evaluation study
world r) very similar to the procedure used daring the Charter
revision process, me ;,)al of the study was to fine tune the
utility Department.
Council clamber Ac, lams asked if tre board could specify to the
management firm exa sl; wnat type of isuues they wanted addresses
after the self-evdiua tion stun/, why could they not do that wi`nout
the 6elf-evaloatlon study.
C.)unri! Mes.Uer Altord stated that ne woula like to know what the
board canted to learn. After toe study dam completed, what would
tae UVarA UU dLtn the lnfor;gatiOn.
"ayor ?CU i.,l dvt~Klno :?tated tna' ne nad i J -r(l with the timiaq.
4Ltn the ir'14ta D@ntU'i sas eKrrlrlencln'), if %,l Coa"i :i waited 2
y,.1dr6 to review rites, i rt'~1J6a1 dater 3/3t5.",r ?tc. tr Clt, Could
day )enlrra.
Laney responded tnat there des a need to look at all aspects of the
system, especially the growth isaue.
Mayor stedart stated that ne .could like to see wnu would nave the
respansiuiitty for future dater needs,
Council Aeouer AcAdd,ns stated that if consultants were uae,~ to
review specific areas, the cvdt of the study would increase. It did
not AaKa sense to spend £iU,dUU to got the gaesttons to ask in
anutner Sio,uou dtui,' wnicn .rag re,;uirea by Cndrter.
doo delgon, Director of Jtilities, reported that the self-evaluation
at-idy would lwx at staffing levels, controls$ etc,
City of Denton City Council Minutes
Mestiirg of October 1, 1985
Page Three
Council Member Chew stated that some of those issues were addressed
in a study done by Arthur Anderson during the audit.
Council Memoer Stephens stated that he could see why the board was
recommending this approacn.
Laney stated that the bcard was of the opinion that this approach
would in fact save money.
Council Member Stephens asked Dr. Littlefield it he would be working
alone.
Dr. Littlefield responded not no would be the coordinator.
Stephens motion, Alford second to approve the propoied
self-evaluation study.
Council Member McAdams stated tnat she had a pcoolem with conducting
2 studies which could contain political issrtes. She persona: hdd
reservations about conducting the studies in this manner.
Mayor Pro 'rem Hopkins stated that he would support the d~ isi of
the Public Utilities Board. It the study was found tie
accomplishing the goals, it could be stopped.
Motion to approve carried unanimously.
2. Tne Council convened into the Bxecative Sea.+' Li drs~,,iss
legal matters, real estate, personnel. and board a;,pointr~<nt:. ro
official action was taken.
Tna Councik convened into the Regular Meeti.',j at 7:ju in Lne
Council Cha,abers.
PRSSEH'r: Mayor Stewart) Mayor Pro 'rem topkini Ma~aozrs
Alford, Cnew, McAdams and Stephens
Acting City Manager, Asri_ant City Att, Ant <-'it/
Secretary
ABSSNr: Council Member Riddlesper0er :a on vacation
1. Consent Agenda
Mayor Stewart annouw.ced that i.em 1.A..' N;d ~~uji Dees
removed fcow the Consent Agenda i,i staff. ?:n 1.'11.5 fctol irnary
plat for the Sumnitt Addition) nad : !er, : l troia n„ nr
Agenda at the request of the petitioner.
Chew wotion, dopkins secona c_, ap„r w -
eKC,Npticna of items 1.A.J anj 1.
Consent )',genda:
A. Bids and Psr.nas.. Je-jerj:
1. Bid 1 ,445 - AcKenna Pare n;gn service pump
station
2, did 1 1491 - U.S. digiiway Jd0 sanitary sewer
main
RLMOVLD dY
STAFF J. Bid t 0501 - MOdutar furnir. :re
I
4. Bid f 9i1D - Hobson Lane - J.S. J77 water main
S. Bid 0 4513 - Repair of two 2,017U,UUU gallon
water Lanka
I
i
L
City of oenton city Couacil Minute+l
meeting of October 1, 1995
Page Four
6. did 1 )h11 anri tV CX.7C0
7. aid 1 9521 - Aire end Cao1
d. Bid 1 9531 - AmoUi,,ce
9. 7urchase Order 1 7008 r~) Boy,i Excavation in the
amount of S25,u0U.3'1
lu. durcndse Urder 1 70u99 to 3oyd Excavation in
a.nojat of S1i,125.uu
6. Plats arid Replats:
1. Approval of preliminary and final replats of the
Fry Addition, Lot 119, Block 5. (The Planni4.
and Zoning Commission recommends appcova!.)
2. Approval of preliminary and final replats of the
Paul damiiton Addition, Lot 431 BlocK A. lTne
Planning and Zoning Commission recommends
approval.)
3. Approval of prelinknacy plat of the Summerwind
Addition. (Tne Planning and Zoning Commission
recommends approval.)
4. Approval of general development plan of the
Ridyeway Meado~rs Addition, Phase I. (-rne
Planning and Zoning Cormission recommends
approval.)
REmo~,E.n BY
PSTIN ONSR 5. Approval of preliminary replat of the Summitt
Addition, Lots 1 and 2, Block 1. ('Tne Punning
and Zoning Commission recommends ipproval.)
6. Approval of preliminary replat of the Sun Valley
Addition, Lot 14, Block A, (Tne Planning and
zoning Commission recommends approval.)
1. Approval of preliminary .nd final replats of the
Teasley Mall Suodivisien, Lot 19, I lock A. (Tne
Planniny and Zn ing Commlislfn recommends
approval.)
C. Tax Refund:
1. Consider approval of a tax eefu:,d to First Texas I
Savings Association in the amount of S6il.46
u. Final t)ayiaents:
1. Consider dpprovil of final payment to Aloenesius
Construction in the amount of $14,161.3u for the
dQ odrua Lane sewer line, Cle Project
4. Consider approval of final payment to Red River
construction in the amount of $92,515 for the
nign service pump 15 installation, CIP Project
as-wP-6,
e, sale of Equipment:
1. Consider approval of sale of tcansfocmer to Onio
rransfocmes Corporation, Louisville, Ohio for the
p:ic~ of $20,Pdd.
. i"..
Y
City of Denton City council minutes
"Oting of October 1, 1985
Pao i rive
2. The Council considered approval of the request of Kendall
Hail and the Sigma Nu yledge class to paint eagles on the streets on
the H>rth Texas State Un,iveraity campus duting Homecoming.
Acting City Kanager Rick Svehla reported that this item had been
placed on the agenda at the request of the pledge class. Staff's
concern was that there might be some confusion foe traffic
movement. ouviously, staff would want the paintings removed soon
after Homecoming.
Council iember Stephens asked exactly these would oe located. He
did not see any problem if they did not intecfere witn traffic.
Stephens motion, Chew second to permit the City manager to work the
details out witn the pledge classi if the City Manager deteralned
the paintings would interfere with traffic flow or were not in good
taste, tht 'tanager could disapprove the project.
Mayor Pro Tea Hopkins stated tnat he would like for the City manager
also to check into the city's liaoility concerning the students
while tney were painting.
Motion carried unanimously.
3. Public Hearings
A. The Council held a public hedring on the petition of
James and Marguerite Stauver requesting a variance of Articles 4.07
and 4.Od of the City of Denton Subdivision and Land Development
Rcgulations wnicn required that water and mower lines be sufficient
for domestic use and conform with the master plans for the city.
me tract was U.427 acres and located at the southwest corner of
Crescent and livar Streets. The tract is described as Lots 1 and
2. Block 1, .i the Stauver Addition and shown in the 833 6 CRR
Company Survey, Abstract No. 185. Tne property Is zoned j2P)
two-fa.aily. V-24
The Mayor opened the pi:oliC hearing.
Mr. James Stauver, the petitioner, spoke in favor stating u:at the
proposed construction on the rear lot of the property was for 1
duplex. Tne 6' water main and 6' sewer line would only serve this 1
structure. the city had estimated the cost of installation at
$1,229 wnicn was approximately 10% of the estimated value of the
completed duplex. This, nodever, represented an approximate 2U4
increase in nis anticipated cash outlay to construct the duplex.
Tne 57,228 did not include trio removed of trees and possioly the
moving of a gas line to put in the water and :newer lines. Fields
and Edwards nad estimated the cost to De close[ to fld,UUU. it
would ue iopossiale for nim to ouiIU the duplex under these
circunstdrnces. He realized Gnat the city's sewer and water lines
were deteriordtin3 and this would allow the city an option to put in
a water loop. From what r.e had seen of tn.a .rater pre;sJ:e at the
location, then was no need for a water lo-)p. His gain problem was
with the seder line. Everyone was a3reea tnat the only thing it
could possibly serve was the duplex. A 4• sewer line world allow
nim to Keep the lines closer a.id snallower, wnicn wusikd nclp. He
would liKe to reach. a coapro.rise. As it w:is now, a~ could not
afford to expend f1U,000 just to put the pipes in tee ground. if
this was the case, then everyone would lose because if ne could col
develop, there would not be a loop unless the city put it in. 4e
could not judge the city's needs regarding the loop. there were no
other apartments of houses in the area.
Al one Spoke in opposition.
Cecile Carson, Jrbah Punnet, reported that this celuest for e
valiance concerned J articles of the Subdivision riles and
regulations. the problem wnic.1 dr, Stauver addresser, concerning tm,,?
City of Denton City Council Minutes
Meeting of October It IM
Page Six
siae of the water and sewer lines were discussed during the
preliminary stages when the preliminary plat was approved by the
Planning and Zoning Commission and the Ctty Council. Tne request
was to meet the re uirements of the utility plans which required the
6' line to be run for water across both lots. The line would serve
lot 2 located near Crescent street and lot 1 where the new
construction would take place. Tne loop statement concerns the fact
that the Utility Department, when possLole, do attempt to build
looping systems. Mr. Stauver would only be required to go across
the frontage of nix 2 lots. At some point in the future, this would
be connected over to Anna Street to create the looping system In
this area watt. a new improved water line wnich would serve, not only
his addition, but would also improve the water flow. The sewer line
would be required to be located across the first lot to the second
lot. rt would also i:,,)rove capacity on the lines further down on
aol4:ac Street. The sewer line would only being extended across the
lot 1 necause it would require a gravity line and it would be
ineffective to extend it across the remainder of the property. Mr.
Rumfield of the Water/wastewater Division estimated the cost at
Commission andeDevelonment ReviewecommitteeTfelt lthat# based onntne
d items in the subdivision Rules and Regulations for a variance,
this addition did not meet tnese requirements. To meet the utility
standard policy, the 6' water line would nave to be extended across
both lots and the 6' sewer line across lot 1 to serve the duplex irl
lot 2, Four reply forms were mailed with loco returned.
Mayor Pco rem Hopkins asked if staff envisioned any growth in the
area,
Carson replied that 9olivar street was on the :111it and Anna Street
war on the left.
Mayor Pro rem Hopkins asKed wnat was on the lot which was adjacent
to lot 1 on the nap.
Carson replied that most of the urea was developed witn single
family residences. There was always the possibility of
redevelopment. The lot to the north of this site was also zoned .wo
family.
Odyor Pro rem Hopkins asked if tnece wau a water line off of Aina
Street and a sewer line on Crescent in place now.
Carson responded tnat there was an existing 6' water line and an d'
sewer line on Anna Street. Presently, the existing structure on lot
2, was oeing served uy a C' water line located on Bollver Street and
can past this lot.
mayor Pro rem HopKtns diked doi staff felt there would oe :r loop in
tits a(es.
CdCdOn repiied that it would connect the q' Line on Bolivar if the
loop were made oy extending past these two properties. Tne looping
was not a central issue uut tatne. an advdntage wnich would benefit
ti,e city. if a o' line were extended across the property, it would
connect witn a 6' line on Anna Street and would be looped r,acK to
the smaller line on 9olivar Street.
Mayor Pro rem d,)pKin.A arKed if there wet, n^operties already
developed uetween Anna Street and lot 1.
Carson replied that it was net understanding tnat there was a house
lucdted On the Anna and .cescent Street lot.
Mayor Prb rem dopKins a3Kt6 was adjacent to the lot 1 property.
Re. Stauvec replied that lot 1 was where the new construction would
be, fne lot uenind Lot 1 had one house on it.
. ee •:it
city of Denton city council Minutes
Meeting of October 10 1985
Page Seven
Mayor Pro Tem dopkins asked if there Were any -dater lines along
Crescent.
Mr. Stauver responded no, not at that point on Crescent.
Mayor Pro rem Hopkins asked if Crescent was paveo all the way
tnrougn,
Mr. Stauver responded yea.
Mayor Pro rem Hopkins asked Mr. Stauver why he considered putting
the sewer and water line back to the lot as an expenditure rather
than an investment.
Mr. Stauver responded no would co; tder tnat an investment if he was
going to ouild apartment u.tits on the lot rather than the one duplex.
Mayor Pro Pem Hopkins stated tnat Mr. Stauver was asking every one
in the city to snare in paying fir his line.
Mr. Stauver stated that ne was asking for a compromise. de was
willing to pay partial costs. HoweVer, he felt the o' sewer line
was a waste of money because it would only serve the duplex and a 4'
line would work just as well.
Mayor Pro rem Hopkins asked what was the philosophy on needing the
loop system.
Sob Nelson, Director of Utilities, stated that the question was what
would happen in the future. There vas a minimum requirement of a 6'
line to service customers now and tnese in the future. This was an
investment in the area. The purpose of looping a system was to
ensure adequate flow for fire protection, to eliminate dead ends and
stagnant water condltioi.i in the line and also to meet peak summer
loads.
McAdams motion, dopkins second to deny thy request for variance.
Council Member McAdams stated that without regard to Mr. Stauver's
specific petition, the council did nave a system on rules and
regulations to govern. the city. Built into this system were certain
criteria and if tnese criteria were not met, the rules must be
followed.
Motion to deny carried unanimously.
B. me Council held a public nearing on the petition of
eloert dagnes requesting variances of tr.-3 following articles of the
city of oenton Saodivision and Land Development Hegulatiors:
i) Article 4.03 - concerning r►gnt-ot•way end street
pavin,7 standarda)
2) Article 4.U7 - concerning ,ninimum iaterline sizo
and minimum fire nydrant spacing
J) Article 4.10 - concerning criteria for permitting
individual septic tanks;
4) Article 4.15 - concerning drainage standar.is and
requirements.
Tna property is located east of Wildcat Road, west of Rockhill Road,
and south of FM 42d. The property is further descrloed as t 78.6
acre tract in the C. B. Emmons Survey, Aostract 403,
riie Mayor opea!a the public nearing.
Ms. Ann Puweli, attorney representing Mr. dugnes, spoke in favor
stating that four variances had oeen requested. At a Planning and
toning Commission ma4tirig, item 4 had oeen worked out in a Manner
satisfactory to the developer and the city. rnerefore, she
e
City of Denton City Council Minute
mooting of October 11 196S
Page Sight
petitioner was only making for a variance on the first 3 heirs. The
pro arty was the mote ctom the City of Denton. The existing developed
property was 3/4 mile from the existing city limits
of ,irugnrville and was cut apart fro.;.' the City of Jenton by the
Trinity Rlvar bottom. If the property veto located near the north
extension of Loop 288, tree request would be absurd. The petitioner
was not trying to get around the Suodivlsicn Rules and Regulitionsr
however, in this particular instance, due to the location of tnis
tract, It was unlikely that it would rv r be annexed by Denton.
~s,cording to do• Nelson, the city was not Concerned with extending
any utilitiei, especially sever dervice, teyond tt,j ',unity River
oottor. in conjunction witn the to year projections for the utilit r
extension. Ind petitioner did not anticipate in the foreseeao:♦
future tnat city services world be available to this area, fns
water service available to the property would oe the d€aCkrock
Community Water System. Tney had sppent 6 to d years trying to get
to the point to drill a second ..'ell in order to provide ade4uate
water service. Tney were a 40 line syst,:m and the City of uenton
Suudivision Rules and rtegulatldns required a 64 water line to this
24 lot development. Too late were a minimum of 2 acres in size with
the largest being 6 acres. Tne petitioner did not feel it would
provide uny real aervice to the lots to nave a 61 line when the
entire water aervice system was 9 46 line. Ins cost difference
between a 4' and 61 line was in the neighborhood of $50,L00. This
would be a substantial cost per lot with no benefit to rho gained.
Regarding the paving standards, the petitioner was asking to be
allowed to build to County road specifications. Sne believed there
vas a catcn in the statutes that th,a developer had to comply to thot
city's Subdivision Rules and Regul.ztions with regatd to building a
street prior to the dedication of the street to the city. It was
her understanding tnat ni one was ar,ti:ipating that this particular
street would be dedicated to the city rathet, it would be dedicated
to the county and the County would nave to maintain the street. It
was more reasonable to yo with the County standards as It was
unlikely that this property would be annexed by Denton during the
next 2u to 50 years. The individual septic tanks were rep;ulrei to
be inspected and approved by the County d0411th Department. Mr.
dugnes nad developed 3 other county sabdiviiions and tnere had peen
no r..)mpliar•td from customers. Because of toe remoteness of 1-nis
site and t a fact that It might never ae inside the city limits of
Dentin, it wea reasonable to grant the variances on this property,
if the rules were to be rigidly enforced, tnere would be no
procedure for requesting a variance. She believed that was a
property request for a variance.
Mayor Stewart dsxed wnat made res. Powell believe that tnia property
would not oe ahuexed in the future,
Ms. Powelr, responded that the city was buoy with the development to
the nortn and soutn of the city, there were no plans incluied in the
present 1U year studied for inclusion of this area of the extension
of city services. Only a large developer would justify the cost of
extending city utilities across the river bottom. There would not
be enougn property tax base to justify the coat of extending water
and sewer service were the city to initiate annexation proceedings.
me property was 3 or 4 railed from dignway 380 and only 1.14 mile
from the Klugerville. If annexed, the police could not patrol
oecause it was so rtmote from the existing city limits. Sne did not
feol it could oe served by the Pita Department and w,)old sub-
stantially increase the premiums for file insurance within the city
i!rnlts.
Mayor Pro fem dopKins asked now m e JiaekroeK Community dater System
serve tnis 24 lot subdivision wham cirey nad difficulty in aerving
their existing customers.
As. Powell responded tndt funding was now availauie to the Slackrock
Jystem to drill a second well and ant felt that the water dervice
would be available in tnc next fe..nontno.
i
City of Denton city Coun:il minutes
Mesting of October 1, 1';65
Page N ne
There was existing service oo Shady Oaks Drive which meant that the
was a water line approximately 1300 feet from the entrance to this
tract.
Me. Greg Edwards, representing Fields, Edwards and Associates, spoke
in favor stating that while going through the preliminary plat
phase, ne had SpOKS in with Me, Hughes regarding the cnanges in the
standards between city and county specifications which appeared )n
the surface to us Minot. After receiving all of the reyuirement.e,
Mr. Hughes had Deciaa concerned about trio coat. A cost analysis Us
been done which snowed a difference o! $IUU,UOO if developed by
County standards and t40U,OUO If developed by city standards, enis
would ue a Substantial increase to the potential buyers, If this
was not anr.cy1,d into the city in the neat 2U to 40 years, any
improvements installed at the time of platting would hive reacned
their economic life and would have no service value to the city.
Mayor Pro Tem HopKirr eked if the street paving had been calculated
at kne City of Denton estate subdivision standards.
Edwards responded yeah the costE had been calculated for streets '
with no curbing guttering and at a width of 24 feet. This was
based on a old wl,acn Me, Hughes had received. Another issue was the
cost difference oetween a 4' water line built to cou;ity standards
aid a 60 water line which was approximately four tines as
expensive. The materials were a small portion of the cost. The
primary reason for the cost difference was the inspection and the
fire hydrant spacing and location. His firm was working with
Bolivar Water Supply Corporation and li.Uu por linear foot was what
they charged for the extenFI on of water lines, They lost
approximately It to t1 per month which was an extremely low water
loss Cate.
Mayor Pro tam Hopxins asKed wnere the rater would go. (here was a
drainage channel on the city's portion wnicn Indicated a f.irly
elaborate earthen channel whirr would need to be constructed to
handle the engineering.
Edwards responded that the drainage was the i requitement wnicn the
city had waived, Tnere Has a hat+tral cnannel and this type of
development would nave modest increases in run-off.
Mavor Pro rem HopKins aased if the run-off would ocb fed into the
Trinity area or into neignbor'S pastures.
Edwards replied that the run-off would flow int. a neignbor's
pasture,
Mayor Pro fem lopKina asKed if there was cnannelization of any type
in the neignour'd pasture.
edwards responded none other than natural cnanaels.
Hayor Pro 'rein Hopki.ns asKed what would be It. Hugnes's llaoility in
dcainfng Y4 lots onto a neignt,oc's area,
Edwards responded that tnat issue would nave to be researcnei If the
development were allow to proceed. fnese were very, large lots and
it was anticipated tear, trial would .nave grass lawn areas. A turf
area would dOsoro more water than a natural grass area due to the
density of L„a vegetation, dased on the lot size, if a particular
sized house and lawn date assumed, calculatluna could oe
accomplished which would snow lead run-off would occur if the
property were developed tnan if the propercy were undrvelopea,
14o Una dpoxe In opposition.
The iiayjr closed toe public ndarinq.
T......
City of Denton City Coun•,11 Minutes
Meeting of Octoaer 1, 1955
Page Ten
Denise Spivey, Urban Planner,, reported that the petitioner had
developed 4 separate variances on the city subdivision and land
development regulations. Eight reply earms had 'omen mailed with
zero returned in favor and one returned in opposition, The first
variance requested concerned right-of-way and Street paving
standards. The petitioner was requesting an opportunity to use
covaty standaros. Tr,e preliminary plat was approved with the
condition that right.-of-way for A future collector street be granted
across the nortnern,acst lot: in the subdivision. The petitioner was
requesting a variance of graritin,) tcis tiyht-of-w.y. The second
variance cunc,arned the minimum water line size and Cite nydrar.t
spacing requirements. Hater service would us provided by the
Ulackrock Water Supply Caryuration which currently consisted of 4'
lines. 'rne Subdivision Rules and Regulations required a minimum 6'
water line size and la a resident!al area, fire ,`hydrants spaced
every 6QU feet. .n,! etitloner was requesting a variance of these
two items. Tne regulations also detailed Peptic tank permitting
criteria. Tne sewer service for this particular development would
oe septic t..nks. me city regulations required percolation tests be
do,ie for each lot. The county regulations were on a per footage
ratner than per lot oasis. The city regulations further required
that a septic tang application ox submitted to the Director of
utilities. rnis application must includj a drawing and 3 rep-)tt
from a registered Sanitarian stowing the plat of the septic tank.
'"ne petitioner felt that the county standards were adequate as far.
as the spacing of the percolation tests and uelieved It would bra to
the convenience of tna Individu.rl lot ovnnrs to have their s~pl:ic
system designed at the tima they were installed. The last variance
requested was to the article whicn detailed drainage standards and
requirements. Hhen the cre;iminacy plat was suomicteds tt was
tnougut that a co,hcrete itred cnanr.ei wviid be required in tnis
area. After investigation, staff determined that an aaain lined
channel woula ue permissible in this area. The variances had been
considered oy tr.e Deveiopmeat Aevtew Committee and the Planning and
Zcr;ing Com.nission wnicn naa recommended denial of all 4 variances.
No varfance procedure listed d conditions wnich anovld be met
oefore a variance could to granted. rnese variances did not meet
all of trio d conditions. Staff's concern was that city regulations
should be extended into the extra :Frritorial jurisdiction. The
pniloscp!ry was that wnen or it the property was annexed, no
suostandard utility systems, road systems, or drainage ayitpms wero
inherited. Hhile it was unlikely that property it tnis area would
oe annexed in the near future, start felt the philosophy oehind
extending the euodivision regulationa into the extra territorial
jurisdiction was still valid,
council venter Achdama stared that. there were specific criteria
addressed in the regulations. It these criteria were met, a
vir.ance was appropriate. In this particular case, tie criteria had
not oeen met. Po su{gp:st that this property vnatd nut be annexed in
the neAt ~d fcar.i was speculation. One te,teor, the regulations had
oeen extended into tnc extra territorial jurisdiction was that if
suostandaru developments were dnnex:d, all tie `axpsyera of DErtcn
nau to pay to Dring trio developments up to wtandards. Tne council
nod seen uver and user again proolems with property wnicn had been
developed in tie County. If the standarda were reduced, it did cost
less, Tne city developed 6tinddfdS because it was receesary, Sne
recognized tin-)t mignt mean that there woulc be some pieces of
property wnic could not oe developed for certain uses. me
development standards in :ne extra territorial jurtsdiction also
::arved to prutect the otnec property owners in these areas.
,dcAdIAS inotoin, -t,ev second to deny toe petition for variances.
idJtion Cdrriaj unanlaolsly.
4. Or jiirancec
A. [n- Cu•incil cons Ideredl adoption of an ordinanca
acciptinn ~,.npetitive aids and pcovid•ng for the award of contracts
1
1 TF } rt' v. it}E 1 V 1~'
, x
City at Denton city council Minutes
Meeting of Octn4ec It 1985
Page Eleven
for the purchase of materials, equipment, supplies or services;
provJdh _ Or, the expenditure of funds therefore and providing for
an effect. , date.
Tn~ following ordinance was presenteds
NO. d5-191
AN ORDINANCd ACCdPrING COMPdTI'rIVE BIDS AND ANARDINO A
CONTNACT PON THE PJACdASE OF MATERIALS, ewipxwo SJppLIES
Olt SEAV(CBS) PROVIDING FOR THE dAPENOIrORE OF FUNDS
THEA£FOAE1 ANO PROVIDING FOR AN dFPECTIVE DAT2.
Cnew :notion, Alford second to adopt t!^ ordinance. On roll call
vote, McAdams "aye," Hopkins "aye:' Stephens "aye,' Alford 'aye,'
Cnew aye, and mayor Stewart "aye." Notion carried unanimously.
F. Tne Council conside:ed adoption of an ordinance
accepting competitive olds and providing for the awaf< of contracts j
puolic works or improvements; providing for the expenditure of
funds tnerefores and providing for an effective date. ,
The following ordinance was presenteds 1
N0. d5-195
Al: OPaINANCE ACCEP GNJ 4.')MPdrIrIVF BIDS AND PROVIDING FUR
fHd AWARD OF CONTRACTS FOR PJBLIC WORKS, OR IMTAOVdMENfS:
PRO'IIDINJ FOR THE EdPENJITURE OF FUNDS 'rdEAEFOR: AND
PROVLOINU POR AN eFF£CTIV£ DATE.
Cnew ,notion, Alford second to adopt the orcinance v:th the exception
of did I~95U9. On roll call votb' McAdams "aye,' Hopkins 'aye,'
Stir a e, Alford aye, Cnew aye, and Mayor Stewdrt 'Aye.'
Anton carded unanimously.
C, :no Council considered adoption of an ordinance
providing for the expenditure of funds for emergency purchases of
materials, equipment, supplies or services in accori'ance with the
provisions of state lsw exempting such purchases F:om requirements
of competitive oidas and providing for an effective date.
Tae following ordinance was presenteds
NU, d5-196
AN ORDINANCE PROVIDINJ FOR 'rHd EAPENDITJRE O1r FUNDS FOR
EMERGENCY PURCHASES OF MAred:4LS0 EOUIPMENrr SUPPLIES OR
SERVICES IN ACCOAJANCE dL'rd 'rHE PAUVISIUNS OF STAVE LAq
E99MpfiNJ S'JCH PURCHASES FROM Rr;u'JlRemNPs UP COMPEririve
dID3I AND PROVIDINJ FOR AN EFFr;CrlVd DATE.
Cnew motion, MCAdrms second to adopt tno crdinance. Un roll call
vote, McAdams 'aye,' Hopkins "aye," Stephens "dyer' Alford 'aye,'
Cnew dyer and Aayor Stewart "eye.' Motion carried undnlrnousiy.
D, :ne Council considered adoption of an ordinance and
service plan annexing approximately 115 acres of land being part of
tr,e J. West Survey, Abstract 1331, and oeginnir,y approximately S,UUC
feet north of U.S, dighway 3d0 East and rest of ROCKhill Road 4-22
Tae follorlnq ordinance was presenteds
NU. di-197
AN ORDINANCE ANN9914G A TRACT OF LAND COV1`I0JOUS AND
AJJACENr rO fHd CIri OF UENrUN, TEXAS) dEINQ ALL 'rHAr LOr,
TRACT OR PARCEL OF LAND CONSISCINU OF APPAOX.IdArELY 11S
ACt„ S UP LAND LYINO AND d£rNJ SITJAr£D IN THL coj:irt or
R
.V~•l r ~:n ~ T.T~°t. r.~. i ."R. w h T'T'!'r1
City d! Denton city council Min ves
Moeting of Octooer It 1485
Page Twelve
alh 4- OF fEXAS AW) BEING PART JP TH8 J, NEST
4VI(ver, ABSTRACT NO, 1331, rif NTON COUNTY, TEXAS)
CLASSIFYING THE SAME AS AGRICULTu;U L "A" DISTRICT PR()PERTij
.'.ND DECLARING AN Zer'ECrIVd DArr
McAdams motion, .aupt the ordinance. On roll call
vote, MCA,1ams 'aye,' dUpKins 'ayer' Stephens 'aye,' Alford 'ayer'
new "aye,' and Mayor Stewart 'aye.' Motion carried unanimously,
d, The Council considereu adoption of s., ordinance and
service plan instituting annexation proceedings for approximately
16U acres being pact of tiie 898 6 CRR Survey, Aostcact 111, and
Located north of PH J173, south of Bacthold Road, west of 1-35N, and
east of Mascn Branch Road and the CCaSF Railroad A-24
Cecile rnr: , lcoan rlanner, reported that this was the first
readinq ne annexation ordinance. The staff and Planning and
zoning +.ummission had recommended approval of the annexation was to
control land uses in Uie area which were expanding and seemed to be
detrimental to the City et Denton as unattractive commercial
ventures aad as expansion of problems with drainage facilities. The
aerial photographs aho:ing basic land uses and property ownership
were studied. These pnotographs showed that most of the development
wnlcr, the city had an interest in controlling was located along
Interstate 15.
May~)r ~,,dort aSKed if any development was planned on the lots to
Ana ~:ac ut Interstate 35.
Cacaon reuponded nor development was occurring on the tracts closer
to the highway, Statf nad deem a need for eantcol on tract 1-E
where drainage was to oe diverted. Final action was scheduled on
this annexation for November 19: however, the schedule was flexiole
should the City council decide to remove property from the
annexation parcel.
fne following ordinance was presented:
NO, 85-
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADiACC.iT rJ THE Cirt OF AENfON, TEXASi ddING ALL THAT LOT,
AA'RACr VA PARCEL OF LAND CUNSISTING OF APPROXIMATELY 160
ACRES Of LAND LYING AND BEING SITUATED IN THE COUNTY OP
DENTON, STATE OF TEXAS AND J9ING PART OF THE 989 b CRR
SUM'VEY, AdSTRAC9 NO. 161, DEArO, COUNTYr TEXAS, CLASSIPYING
rHE SAME AS At;AICULTURAL 'i ' DISTRICT 0AOr'ERrYj AND
DdCLARINJ AN eF?8C'rIVE DATE.
McAdams ,notion, Hopkins second to approve the or0 aance with the
deletion of lot 1 (Mr, dartnold's property.) On roil call vote,
McAdams "Ayer' Hopkins 'aye,' Stephens "aye," Alford 'aye,' Cne',a
'aye,' and Mayor Stewart 'aye.' Motion caccied unanlmuualy.
e. Poe Council consluered adoption of an ordinance and
service plan instituting annexation proceedings for approximately
117.5 acres lying in and oeing pact of the H. 14erenant Survey,
Anstract #d7ur the C. Chacon Sucvey, Aostract #298, and the S.
Venter Survey, Abstract 01315, and oeginnLnq At the southwest corner
of PH 21di and dickory CreeK Road AA-V
Cecile Carson, Urban Pianner, reported tnat this was the first
reading of the annexation ordinance, The final ordinance would be
presented on Novemoer 19. Staff pcesLnted an overhead projection of
the surrcundLng area, A petition for voluntary annexation in tr.ie
area was being prepared.
The following ordinance was preserved:
City of Denton City Courcil Minutes
Meeting of October 1, 198$
Page Thirteen
AN ORDINANCE ANNdXJdG A TRACT UP LAND CONTIGUOUS AND
ADJACENT TO !dt Ctrl OF DENTOH, TEXASI BEING ALL TJAT LOT,
TRACT OR PARCEL C! LAND CONSISTING OF APPROxIMATELV 11745
ACRES OF LAND LYING AND BEING SITUATED IN 'rde COUNTY OF
0EN'rON, STATd OF feXAS AND BEING PAR, OF IaE B. MERCHANT
SURVEY, AB-iaACT NO. dUU, C. CHACON SURVEY, ABSTRACT 2981
AND rdE S, VENTER SURVEY, ABSTRACT 1315, DEN'TON COUNTY,
TEXASI CL..SSIFYINC THE SAME AS AGRICULTURAL 'A' DISTRICT
PHOPERTYI AND DECLARING AN EFFECTIVE DATE.
dopxine motion, Chew second to approve the ordinance. On ro)ll call
vote, McAdams 'aye,' dopkins 'ayes' Stephens 'aye,' Alford `aye,'
Chew 'aye,' and mayor Stewart 'aye.' notion carded unanimously,
G. Tne Council conai6ered adoption of an ordinance
setting a date, time and place for public hearings concerning the
petition of the City d: Denton for annexation of approximately
296.97 acres being part of the 1. Coy Survey, Abstract 212, J, Ayers
Survey, Aostract 2, H. Burleson Survey, Abstract 93, B. Burleson
Survey, Aostract 2490 end the R. Johnscn Survey, Abstract 666. A
continuation of the existing Denton city limit line from a point
c+e,.c:.ing approximately 9UO fret south of Canzer Road to a point
approximately 2,b0U feet nortn of Rector Road (approximately 3 1/2
miles) is proposed A-26
Cecile Carson, Groan Planner, reported that this was a strip
approximately 750 feet which would extend the City of Denton limit
line nortn to within 1/2 mile of the City of Sanger city limit.
This would oe approximately JOU acres with a right-of-way of 300 to
4UO feet on both alder of Interstate 35, Staff was Leeommeidiny the
puolic nearings os held on October 0 and dovember 5 with too final
action occurring on January 7, 198f.
me following ordinance was presented.
NO. d5-196
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC
HEARINQS ON THE PROPOSED ANNEXATION OP CERTAIN CROPERTY AS
DESCRIBED dEREIN BY Td? CITY UP DENTON* TEXAS, AND
AU'PdORIZINU AND DIRECTING THE MANOR TO PUBLISd NOTICE OF
SUCd PUBLIC BEARINGS.
Hopkins motion, Chew second to adopt the ordinance. Or, roll call
vote, McAdams 'aye,' uopkins ,'aye#* Stephens 'aye,' Alford 'aye,'
Cnew 'ave,' and Mayor Stewart aye. 00tion carried unanimously.
d. me Council considyred adoption of an ordinance
Butting a date, time and place for puolic nearings concerning the
petition of Shaul C. Baruch for voluntary annexation of
approximately, 92,dU acres ueginning approximately 50U feet north of
dignway 77 and approximately 1,050 feet east of I-35N A-23
Cecile Carson, Jroan Planner, reported that this annexation was
oeing regueating in conjunction with a liglt industrial zoning
classification on tnis property and adjoining Property which Mr,
Bdrucn owned soutn of Highway 77. staff recommended puolic hearings
oe neld on October 1$ and Novemoer 5. This annexation would
anticipate any future development in this area due to P.he extension
Of Loop 2dd and the possiole location of Texas Inatr',ments in the
area.
'Ing follouini ordinance was presented:
au. d5-199
AA ORDINANCE SLI'ClAG A DATE, TIME AND PLACE FOR PJBSIC
HdAR1N- i UU fde PRUFOSED ANNEXATION OF Cd,tTAIN PROPERTY A9
UBSCH4,6 0 de REIN Of THE CIfY OF DEtr'TON, TEXAS, AND
1 7 7, 7 77
City of Denton City Council Minute
Meeting of October T 1905
Page Fourteen
AUTHOAXIENG AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF
SUCH PUBLIC HEARINGS,
McAdams :notion, Chew second to adopt the ordinance. Or, rcli e,11
vote, McAdams 'aye,' Hopkins 'ayc,• ?tephenr 'aye,' Alford •4y '
Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously.
I. The Council considered adoption of An ordinance
setting a fate, time and place for public hearings concerning the
petition cf Mel R. Lacyuemont for voluntary annexation of
approximately 55 acres being part of th, T. Tony Survey, Aostract
1288, and beginni.g adjacent and west of FM 2164 approximately 30000
feet north of derculas Lane A-29
Cecile Carson, Uroaa Planner, reported that this petition for
voluntary annexation was in conjunction with a possible zoning
request on property approximately 412 acres in sine. staff
recommended that the public ,hearings he held v October 15 and
Novemoer 5.
Tne following ordinance was presenizdt
NO, d5-2Uo
AN ORDINANCE SETTING A DATE, 'LIME AND PLACE FUR PUBLIC
dEARINJS ON 'rdd PROPOSED ANN94ATION OF CdR'CAIM PROPERTY AS
DESCAIBED HEREIN BY THE CITY OF UENTON, fBXAS, AND
AU'rHURIBINJ AND DIRECTING THE MAYOR TO FUBLt$.i HOrICE OF
SUCH PUBLIC HEARINGS,
Hopkins motion, McAdams second to adopt the ordinance, On toll call
vote, McAdams 'aye,' dopxtns 'aye,' Stephens 'aye,' Alford 'aye,'
Chew 'aye,' and Mayor Stewart "aye.' Motion carried unanimously.
J. Tne Council considered adoption of an ~rdip,ance
aoandoning and vacating certain utility easements.
Sob Nelson, Director of Utilities, reported that tnis was a routine
aoandonment oC an easement to the Northwood Addition. Tnis was a
Denton Electric Cooperative line whica the city had Lind this vas a
routine aoandonment.
The following ordinance was presentidt
:t0. BS-401
AN ORUINANCE ABANDONINU A00 VACATING CERTAIN UTILITY
EASEMdNPS AS DZSCRIBEU HEREIN# AND DECLAREHJ ANL EFFdCTIVE
DA'rL.
dopKins ,notion, Chew second to adopt '.he ordinance. On roll call
vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,'
Chew 'aye,' and M.iyor Stewart 'aye.' Motion carried unanimously,
K. Tne Council considered adu,u.on of an ordinance
providing for the aoandonment of a drainaq easement with the Clc~+
and autnorizing the Mayor to execute a quit.iaim deed conveying all
rignt, title, and interest of the City in said easement to the owner
of the tract of land conveyed by said easement,
Acting City Manager Rick Avenla (e-)orteJ that the city had received
a request from the owner of the tract to abandon the easement. When
the suodivision was built, the developer and city staff nad agreed
to move the drainage facility ~o another easement.
The following ordinance was presented:
NO, 85-202
A,i URDE,tAJCC PRCFIDING FOR THd ALANDOthIPOT OF A DRAENAdE
EASEMENT WIT4EN rde CITY OF OPNTON AAD AU'►'HOaitINJ ':dd
Y
City of Dfaton~City Councl- Minutes
Meotinyy of October If lga5
P-% ;tb fifteen
MAYOR TO fIXECUTE A QUITCLAIM DEED CONVEYINU ALL RIGHT,
TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE
04NSR OF THE i,'.AC'r Of LAND CONVEYED BY SAID EASEMENT) AND
DECLARING AN EFFECTIVE DATE.
McAdams mltion, Cnew second to adopt the ordinance, or, roll call
vote, McAdams `aye,' Hopxins ~'ayet' Stephens 'aye,' Alford 'aye,'
Chew 'aye,' and Mayor Stewart ayee Motion carried unanimously.
L. The Cou,icil considered adoption of an ordinance
repealing Paragraph a of Article 21 of Appendix B-Zoning of the Code
of Ordinances of the City of Denton relating to the approval oy the
City Council of plats of subdivisions within an area wnera j
annexation prcceedlprge are pending.
Jeff Meyer, Director of Planning and Community Development, reE)rted ~
tnat tnla item nad been previously discussed by the City Council,
Tne following ordinance wa-a presented:
A0, d5-2D)
AM OADIMANCC REPEALING PARAGRAPH J OF ARrICaE 21 OF
APPENDIX E-ZONING OF TdE CODE OF ORDIYANCES Of TH; CITY OF
PIATSN AdLATIcC;
UdEstVITSIVNSZ APPROVAL
NHCITY ERL: CNyNC<Arrov
PROCEEDINGS ARE PENDING) AND PROVIDINU FOR AN EFFECTIVE
UArE,
Cnew motion, Alford second to adopt the urdinance. on roll call
vote, McAdams 'aye,' Hopkins 'aye,' St@phetse 'eye,' Alford layer'
Cnew 'ayer' and mayor Stewart 'aye,' Motion curried unanimously,
Appendix considere
nt adoption of
amendLng Me
the ordinance
Code of
Ordinances of the City of Denton, Texas to provide for the
imposition of fees for submitting petitions for voluntary
annexations,
Mayor Fro rem Hopkins stated tnat this ordinance would allow the
city to rrcover a portion of the costa involved with arnexatlon
advertising Coss.
Tne following ordinance was presented:
NO. u5-2Uf
A,i OAjIMAACE AME.4JING APPENDIX A-0ZNTU14 UEVELOPASAT :ODE OF
rdE COCe OF OF(DINANCES OF rdL CITY OF DEArON C69AS CO
PRUVIDl FOR 'tfe Imiosi TlON OF FEES FOP. sjsm1trIN; Pdri mum
FOR VOLUNTARY Atl3EXATIONS) PROVIDING A SEVdRABILIrY CLAUSE)
AMU PAU410INU FOX AN EFFECTIVE DATE,
Hopkins motion, MCAdaMe second to adopt the ordinance, On roll call
Vote# AcAdams •a,e,^ dopkins 'aye,' Stf!p!~ens 'aye,' Alford 'aye,'
Cnew aye, and Mayor Stewart 'ayee, Motion carried unanimously, Tne approvingNoa contractncbetweensitheedCi~yopofonDenton anand r Cinance
L,
Liittlefteld fur professional coneultiog sacvicea regarding a
management evaluation study for the Utility Department of the Clty
of onion.
Bob Nelson, Director of 'ItilitLes, reported that this was the
ordinance approving the contract which pad been discussed at the
work session.
City of Dentoh City Council Minutes
Hooting of October It 1985
Page sixteen
The following ordinance was presented:
NO. SS-705
AN GRDINANCE APPROVING A CONTRACT BETWEEN THE CirY of
9EStON AND L. LITTLEFIELD YOk PROFESSIONAL CONSULTIN"
SERVICES RECARDING A MANAGEMENT dVALUATiON STUDY FOR 'Tr;
UTILITY DEPARTMENr UP THE CITY OF DENrONr TEXAS,
AJTHORILING THE MAYOR TO execurE 'rdE CONTRALTI APPROVIN,;
THE EXPENDITURE OF FUNDS THBAZeOREI AND PROVIDING FOR AN
ErFECrlVE DATE,
Stepnens motion, Cnew second to adopt the ordinance. On roil call
vote, McAdams 'aye,' Hopkins 'aye,' Stephena 'aye,' Alford 'ayer'
Grew 'aye,' and Mayor Stewart 'dye.' Motion carried unAnimously.
5. Resolutions
A. The Council co,13ldered approval of a resolution
nominating Mr. Raymond Pitts as a memoer of the Board of Directors
of the County Wide Appraisal District for Denton County.
The following resolution was pre3enteds
A E S 0 L U T I 0 N
BE Ir 99SOLVED BY THE CICt COUNCIL OF THE Cirt ()f DLNTON, TEXAS:
SeCTIU(J I.
'rne City Council of the City of Dentonr Texas, hereby
nominates Rayaond Pitts to be a member of the Board of Directors of
the County Wide Appraisal District for the county of Denton, Texas.
SeCfION II.
t-ks Resolution shall become effective from and after its
date of passage.
PASSED AND APPROVED this the lot day of Octooer, 1965.
RICHARD 0. SfEWAR'r, MAYOR
C1ri OF DBNTUHr TEXAS
ATTBSr.
CdARLUT'rd ALLEN, Cl ri SdCREPARY
Clri OF DENTJN, TEXAS
APPROVED AS TO LBUAL FORA:
DEBRA ADAMI DRAiUVITCd, CITY ACCOANEY
CITY OF UdNrON, rEXAS
BY:
Stephens motion, dopKihs sec"nd that ;he resolution be approved. On
roll call vote, ;icAdams 'aye,' Hopkins 'aye.' Stepnens 'aye,' Alford
'aye,' Cnew 'aye,' and mayor Stewart 'aye. Motion carried
!inantmouelf.
B. fne Council considered approval of a resolution
autnocitin; the City Manager to make payment to Lone Star Gas
Company for ellgiole costs for relocation o1 utiltty facilttiea
.eautting from acquisition of right-of-nay for Lorp 1dd.
Tne following resolution vas uceaented:
welmew
' r.7 a r, * t , ' J ar
e
CitY of Denton City Council Minutes
Meeting of octoher 1, 1955
page Seventeen `
R E S 9 L U f
WHEREAS, on July 2$, 1974 the City of Denton entered Into s
contract with the State Department of if ighwa).I and Puallc
Transportation to procure right-of-way (or the extension of Hij.4-4y
Loup Nd-
north a 288 from the present forth terainue of V. S. Highway 380,
and west to Interstate H,ghway 151 and
WleREAS, pursuant to such acquisition of right-of-way, Lone
Star Gas Coalaany is required to reloc..te certain pipelines and
facilittear and
WdEREAS# in accordance with the contract between the city
of Denton and the state Department of Highways and Public
Transportation, the City will reimourse Lone Star Gas for the coat
of utilities relocation and the State will reimburse the City of the
eligible relocation costs paid by the Cityr and
Wd2REAS, the reimbursable cost of the utilities relocation
bj Lone Star Jas Company has been detertmirred to be in amount of
Twenty-tneee Tnousand Four Hundred Eighty-elyht and No/100 Dollars
{l23,9d8.U0) to oe paid by the City with reimbureament to the City
by the State of the eligible relocation costsl and
WddAeA„ Lone Star GJs Company has requested that the City.
of Denton, by resolution, authorize the payment of the utilities
relocation cost prior to the beginning of the relocation works
NOW, PHEREFORE, 4E IT RESOLVED BY 'rdE COUNCIL 07 'fHE CITY OF DEN,rws
SEC 1`1014 1.
That the City .Nanagei is nereoy authorized, in accordance
with the City of Denton's contract witn the State Department of
Htgnaaya and Public Tranapoetation, to rake payment to Lone Star Gas
Company for its eligible cost in relocating its utility facilities
as a result of the acquisition of flgnt-cf-way for dlghway Loup 284,
the estimated eligible costs thereof being in the amount of
Twenty-three Thousand four dundred eighty-eight and No/100 Dollars
(f230444.UU►, and the actual cost to be submitted, determined and
paid upon completion of ice relocation work,
SEcrION II-
'inat this resolution snail become effective immediately
upon Its passage and approval.
PASSED AND APPROVED tnis the let day of Octaeer, 1965,
RICHARD 0. SrRNARP, MAYOR
CIPY OF DEN'rOtio 'reXAS
ArreSrt
CeARLU'frG ALLEN, CiIY yECRETARY
CITY OF DdVrON, :dXAS
APPROJEU AS :f) LEUAL kuR,lt
DEBRA AUAAI URAYQ1ItCd, CITY Afr0ANEY
CI rY OF oeNru.q. rEXA3
di t
Chew motion, Atfori second Shat the resolutior. U, approved. On roll
call vote, McAdams 'aye," dopkin8 'aye,' 3te,),iens lays,' Alford
`ayes' :new 'aye,' and :d/or Stewart 'aye., motion carried
unantrdjusly,
r
City of
DentoP, City council minutes
Meeting of October it 1985
Page Eighteen
C. Tne Council considered approvaltoof auathori resze oluttihone
cequestiay the State Highway Commission
construction of a camp on IH-354 southoound near Victor Equipment
Company,
Acting City Manager Rick Svehla reported that this resolution war
the result of a series of meeting which staff had held with meavers
of the Cnamoer and some of the manufacturing and industrial entities
on Airport Road, This resolution asked the 8ighw3y Department to
consider a ramp for soutnbound Interstate 35-W froYn rte southern
frontage road near Victor dquipment. 'he resolution asked the
Highway Department to continue and upgrade the maintenance of the
frontage road and to look at possiDle improvemenca at the
intersection of tie frontage road and Airport Road.
Mayor Pro 'rem Hopkins stated that this was the next logical step j
toward improvements in W.1 economic development area.
Tae following resolution was presected:
N d S O L J T 1 0 H
wdSRBAS, the City of Denton and certain ousineseas located
in Denton recognize the need for the improvertant of the southbound
frontage road of Interstate Highway 35--W from Airport Road south to
its tdrminus and to the intersection of Airport Road and the
frontage road to enlarge the turning radii to allow for tractor
trailer turning movements as woll as the need for an ootrance ramp
from the frontage road onto southbound Interstate Hign.ty 35-W1
N'Jrl, THEREFORd, at IT RESOLVZ0 BY THE COUNCIL OF roe CITY OF DENTON$
Tnat the City Council of the City OF Denton, Texas does
hereby petition the state Highway Commission to appropriate funds
and Authorize the construction of the aforementioned improvements]
AND FJRTdER BE IT RESOLVED, that the City Secretary is
nereby directed to forward copies of this Resolution to the memoers
of the State Highway Commission,
PA3SE0 AND APPRUVED this the let day of October, lld5,
RICHARD 0, 9fEHART, MAYOR
CC:Y OF UEiroN, 'rexAB
Arrzsr:
HL ARWItCd ALLeN, C r; SEl'ttE Ad
CITY 0- DENrON, TEXAS
APPRO✓?0 AS '10 LEVAL FORA:
DESAA ADA,i1 DRAYU✓ICCH, CITY ATTORNEY
CITY OF DENTON, 'TEXAS
BY.
Chew motion, Alford second that the resolution be a ro':ad. On
call vote, McAdams 'aye,' Hopkins "3ye,' Stepnens "Aye,' Alford
"aye,' eme'a "aye,' and Mayor Stewart 'aye,' Motion cirried
unanimously.
6, Inv Council considered approval of final participation cost
fur a water line and Sevier line oversize agreement - Meadows Muoile
Home Park,
Bob ;Pelson, Director of Jtilltlea, reported t.-tat in Jinuary the
PuoliC Llti.ities Board and the City Council had approves a
city of aenton city council Minute:,
meeting of detober 10 1961
Page Pineteen
participation agreement bith CnaF,y,ton Y,obile Home Park. The name
had been changed to Meadows Mobile Home Park and it was now calieA
South Fork. An estimate of $580720 for water and sewer
participation had been given at that time. The final figure was
actually W11210 and this was a final action on that participation
ag~eement.
Mayor Pro Tom Hopkins asxed how many custowrt s were anticipated.
Nelson responded 610.
Mayor Pro Ter. Hopkins stated that the pay nark period scsouli be
relatively good.
Nelson reported that tae 640 figure wis just in this pacticulat
mobile hone park. The sewer line vas uasically limited to this
general areal however, the water line was 16" whicn staff ultimately
anticipated would go all the way out McKinney and loop back un to
Highway 3do and back in.
dopkins motion, McAdams second to approve the final iarticipation
cost. Motion carried unanimously.
7. The Council cl.iSidered approval of appointment of city of
Denton members to the Flow Memorial Hospital Board of Directors.
Hopking motion, Stephens second to appoint Or. Don dolt and Mc.
Stanley Monroe to the Flow Memorial Hospital Board of Directors.
Motion carried unanimously,
S. Taere was no official action on Executive Sesslca items of
legal matters, coal estate, personnel or uoard appointments,
g, No items of New Business were suggested bf Council vtemcers
for future agendas.
10. Tne i:ounciI reconvened into the Executive Session to
discuss legal matters, real estate, personnel and board
appointments. No official action was taken,
vitth no further items of business, the meeting was adjourned.
RLCHAAO 0. S'rEWARP, MAIOR
CdAkfOCTE ALLEN, CITY SECRCTAR
il7uy
T-7 7
lGlls/gs
bate:
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: APPROVAL CF THE FOLLOWING PLATS ANA REPLATS
1. PQppertree Ridge Addition, Blocks 1»4
2, P.rst State Addition, Lot 1, Block 1
3, Golden Triangle Mint•Narehouse Addition, Lots 1 and 2, Block A
4, Golden Triangle Industrial Park Addition, Phase V, Lot 2, Block 1
S. Franks Estate Addition, Lot 1, block 1
RECOMMENDATION:
The Planning and Zoning Commissicn considered these items at its
meet"Pg of October 9, 198S and voted to recommend approval of the
above listed plats,
SUMMARY:
DACKGROUND.,
PROGRAMS, DEPARTMENTS OR GROUPS APPECTED;
FISCAL IMPACT:
Respect sub: ' tted:
E
KTc k
Prepared by: Acti g Cit anager
~1.! 9 t e;e I a-y<e t
`r
Denise Spivey
Urban Planner
Appro d:
e eye.
Director of Planning
and Development
1313x/2
CITY COUNCIL AGSNUA
BACK-UP SUMMARY SHEET
MEETING DATE, Octooer 15, 1985
SUBJECT: Preliminary Plat of the Peppertree Ridge
Additio^:, Blocks 1-4
SUMMARY: This tract is 29.21 acres located Pn the west
side of Mockingbird Lana 1,500 feet south Of
Audra Lane. The property is zoned planned
development (PD), and duplex/four-plex
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 Subdivisiun and Land Development
Regulations.
ACTION REQ'JIREJ: Approval of tt,e preliminary plat
RECOMMENDATION: The Planning and Zoning Commission rec.,mmends
approval.
ATTACHMENT: Reduced plat
fZG~:G c C07
benlse Spivey
Urban planner
1315g '
TRI-STEEL ESTATES
CARL LAIRD A
u /
t,b• bu b,/
A vb vl ` f u'
p tilt
• FilSCALEt 1"■, 100' I 1 i` J l7
PEP RIDGE iv
ne' - • Tsr ,a . • VlCiNITY MAP
ZNG, A ie t y
, ; 4 jt a r%i rJ CJr = ACRES, 15.2
g Q ZONWG + Pa-34
HELEN W TANSHAW B a O G~Z cl' a OF LOTS
VERNON & F94CHER ` s 40 } 1 rt ^1 3~
~ a. DUPLEX 114
1~
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MO►OIl6 Y7ATd hu ti ,f IcO rw 0.■ pu..
MIOpost 0eSAKitK P REE DR E
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MOPOIIDI t Ilt1lR
ell
a~
[wER OWNER+
li, EP a P RR SURVEY- 3 +rA IA K1 I
ABC JOINT VENTIJ
DENTON, TEXAS 38?-N
0 FOVR-PLEX
JOSHUA PROOUCTION, INC. PD- 34
Q DUPLEX
ZNG, Sr-7
I /MARVIN [ WILLS/ \ PEPPER TREE
1 , RIf)GE ADDITIO!
COY • C"TY 00 olI17011, Tb
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'BURKE ENGINE
OMAN RUM(toF
CONSULTINO CIVA El
t
I oA,o uunl 0tNT0Ir,TCIU1 1tMti 11
REVISON, IfAO/N
;a it ,~lr Pi r r 1• «~~7TS1!t~
T, I- F7 ay tir 777
CITY COUNCIL
BACK-UP SUMMARY SHEET
MEETING DATE: October 15, 1985
SUBJECT: Final Replat of the First State Addition
SUMMARYr This tract is 0.73 acres located on the n,rth side of the 1-35
service road 1640 feet east of Teasley Lane. This tract is
shown in the R. H. Hopkins Survey, Abstract 1694, Denton, Texas.
The property is zoned coma rcial (C), and development of a drive
in bank is anticipated.
City :ervic:s and facilities, including wcter, gas, sanitary
sewer, teltphcne, electrical, and solid wane, are available.
The plat conforms to the minimum requirerents of the Denton
Subdivision: and Land Development Regulations.
The purpose of the replat is to relocate the building line of
30 feet on the previously approved plat to 20 feet.
ACTION REQUIRED: l.pproval of the final rerrlat
RECOMMENDATION: The Planning And Zoning i7ommission recommends approval of the
final replat.
ATTACHMENT: Reduced plat
I
L / v
Dente 6piv n
Urban Planner
_
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r C L i I I LJ U C 3 f3 2 1985
a 1' y eS" Y i
CITY COUNCIL AGENDA
BACK-UP SUMMARY SKEET
MEETING DATE: October 15, 1995
"UBJEC'Ts PLeliminary plat of the "'olden Triangle
Mini-Warehouse Addition Lots 1 and 21 Block A
SUilMARY: this tract is 4.6 acres located at the southeast
corner or Loop 286 and the M.K, P. T. railroad
traCKe. Tnis tract is shown in the J.S. Taft
Survey, Abstract 1256, Denton, Texas, The
property is zoned light industrial (LI), and
industrial development is anticipated,
city services and facilities, including water,
gas, sanitary sewer, telephone, electrical, anti
solid waste are available.
The plat conforms to the minimum reyuireme,nts of
the Denton Subdivision and Land Devel.opmepit
Regulations,
ACTION REQUIRED: Approval of the preliminary plat
RECOMMENDATION: The Planning and Zoning Cominissior; cracommends
approval,
ATTACAMENT: Reduced plat
Denise Sp ey t
Urban Planner
1031J/5
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CITY COUNCIL AUSNOA
BACK-UP SUMMARY SHEST
MLETING DATE: October 15, 1965
SUBJECT: Preliminary replat of the Golden Triangle
Industrial Park Addition, Phase Y Lot 20 Block 1
SUMMARY: This tract is 6.8 acres located at the nort)iweet
corner of Morse Street and Mayhill Road. This
tract is shown in the M.L.P. and C.R.R. Survey,
Abstract 927, Denton, 'texas. The property is
zoned light industrial (LI), and industria:.
development is anticipated.
City services and facil:cies, including water,
gas, sanitary sewer, telephone, electrical, and
solid ;,caste are available.
Tne plat conforms to the minimum requirements of
the Denton Subdivision and Land Development
Regilations.
ACTION RSUUIRSD: Approval of the preliminary replat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval.
ATTACHMENT: Reduced plat
Den se Spivey
Urban Planner
1037j/4
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I
CITY COUNCIL AGENDA
HACK-UP SUMM:. Y SHEET
08TING DATE: October 15, 1985
SUBJECT: Preliminary plat of the Franke Estate Addition
Lot 1, Block, 1
SUMMARY: This tract is 1.8 acres located on the west side
of Kendolp[l Drive 444 feet south of Willowwoo(j
Street, This tract is shown in the A.N.B.
Tompkins Survey, Abstract 12461 Denton, Texas,
The property is zoned agricultural (A), and
residential development is anticipated.
City services and facilities, including wager,
gas, telephone, electrical; and solid waste are
available.
The plat conforms to the minimum requirements of
the Denton Subdivision and Land Development
itegulatiuns,
A septic system will provide sanitary sewer
service to this lot.
ACTION REVUIREP: Approval of the preliminary plat
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the plat,
ATTACHMENT: Reduced plat
.r
Denise Spivey
Urban Planner
1031J/3
C L HALL 0. + ML WE MM,
NOl.t11,'6 10f K 419 V0.174 .111 I
A. f. NION[ A R 1 9 U I ry A M
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VOL. n31, q 100
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VOL. 71n
ACAR9ULruRs . Pi IrW[
LOT 1 /LOCf J ,
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a 11 LOT / 1441coiluAI 10149
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PMAIMART FLAT
FRANKS C1709
LOT 1, ILOCR 1
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Coll AND COUNTY OF XN70N, 11RA1 M.al F
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NIAAYIN a NANCY PUNM
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FAAMS CITATI!
LOT f, SW%
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-r-r-~:~ .t r}-,•~ar ^ v^-s~ ~ ,,,;r ~ r-F ~.~g ^s w^,~r -;rm-?+u-.r
DATE: Octoter 15, 1985
CITY COUNCIL REPORT it
70: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: CHANGE ORDER BID 19513 PAINT 2MG MCKENNA STAND PIPE
I
RECOMMENDATION: We recommend this change order to GAS Sandblasting A Painting
Co. be approved to paint the expertion of the above tank for
$20,478.00.
SUMMRY_ This bid was received and approved by the Council or.
October 1, 1985. The Contractor has gone ahead and moved in
and started to work. The award to GAS, low bi,4 of $114,054.00,
was lower than expected as our estimate was naarer the high bid.
Therefore, the funds are budgeted and the extended price per
sq. ft. as per the bid makes this very attractive to add this
change order. We, therefore, recommend this change order be
approved.
EACAGROUND: Water A Sewer Reconmendation, G A S Sandblasting Work Order
Quotation Paint Specification, etc.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Water Production of Utility Department
FISCAL IMPACT: There is no impact on the General Fund.
1620-008-0460-8301
Resp6ct lly ubmiL d:
Rick Svehla
Acting City Hanager
Prepared by:
VF 7
n J. Mars all,
W le, Purchasing Agent.
Approved:
/_1 s y e
a oh,~ ~larsfal , P 'M'
~ttle: Poirchasing Agent
-1 IVA
*f jn :f S 4ir A . Y t '.F (ilk rl
q~ D CITY OF DENTON
.•~71 ~ M2H0AANDVM
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TOt John Marshall, Purchasing Agent
FROMs Dbve Ram, Asst, Director of Utilities
DATES October 9, 1985
SUBJi Change Order to Bid 9513/Paint and Repair Exterior to 2 MG
McKenna Stand Pipe
we have received the bids for the painting ar.d repair of tanks on our
Bid 19513. The low bid came in below our estimate, therefore, we need
to approve a change order to paint the outside of McKenna Park standpipe
taA. The exar:t amount of tho change order is as per the attachedl G &
S Sandblasting and Paintijig Co. quotation is $20,478 or approximately
18% of the oxigj.nai bid.
The original bid was for painting and repair to the interior only of two
each 2 MG steel tanks. The low bid will allow the department to
complete the Mct:ennj tank inside and out at a substantial savings.
JRies
, Y ~ l f i
G&S Sandblasting & Panting Co. WORK ORDER
r
Date 9 t
WORK PERfO ED
Bill
to: Job N e 4 5 4~, J-4
S/3
DESCRIPTION COST
Me 4:64-nSe 40 OU04' . /J l -
sk t?r%,R e~ A~'~✓Are k d JC : /
4`D T~t Qoll,e p •r~ir P7 ~a~IC ~i _ [fi t
elve
ec. s2r"I°S 12~ SPRA- S~~
all ea ' r„ „ 1 0
--w-, eoonp(hqo I- 41v alai)#
t 61bi i s N D M a' t I L lAkk
-*R a0 Y78, a c
Authorised by
16 8 SANDBLASTING 6 0AIN?ING,C0•
COMPANY
~y ~ By
Y i I I,
SERIES 12 SPRA•SAF
MODIFIED ACRYLIC "DRY FALL" COATING
COATING PROFILE
DESCRIPTION A fasldying, Way-applied finish onet Ion proteolle-i against weather and mild Industrial
Y fumes. Dealgned for applicatlons where "dry fall" propertlea are raqulred.
TYPICAL USE Coating primed or prevfousy'palnted structural at* tank exteriors, lowers, piping and
equipment that are not continually wet or damp.
PRIMER 31 EEL- Series 37 Chonh•Prlms or 68890 Water Tank Primer
GALVANIZED STEEL: 32.1210 Trorr Grlp
i
SURFACE PREPARATION Surfaces must be dry, clean and free of oil, grease and other crntaminants. Remove rust and
paint not tightly borxled to the surface and spot prime.
7) COLORS 35 standard Trwneo colors In (croup B of the Master Color Card plus 2017 Intematonal
Orange.
FINISH Somlyloss
SOLIDS 8Y VOLUME' 36.0* 1.0%
THEORETICAf. COVERAGE' 677 mil sq. fl. per gallon
DRY FILM THICKNESS 15 to 2.5 mile per coat
CURING TIME-AT 76 F. To touck % lour To handle. 1 how To recoat 18 hours
TEMPERATURE RESISTANCE tDP4 Continuous 150 F. Intermittent 170 F.
SHIPPING, STORAGE & SAFETY DATA
i
NUMBEH OF COMPONENTS One
PACKAGED IN 56 gallon drutm 6 gallon pails and 1 gallon cars ~
I
NET WFAHT PER GALLON' 9.8 s 02 lbs.
STORAQ£ TEMPERATURE Minimum 20 F. Maximum 110 F.
SHELF LIFE 12 months at recommended sto" temperature
FLASH POINT-SETA 80 F.
i
WETY INFORMATION CONTAINS XYLOL
WARNINGI FLAMMABLE, VAPOR HARMFUL
Koep aw; •I from beat and open flame. Use only with adequate ventilatfon• Avoid breathing of
vapor or s,~ray miaL Avoid prolonged or repeated contact with skim FOR USE IN CONFINED
AREAS: Workmen must wear fresh airline respirators to avoid breathing concentrsted
vapors. Circulate adequate fresh air continuously duAng appllcatlm Hypersensitive persona
should wear gloves or use protective cram All lights and electrical equipment should be
exploslon•proof. ftiuren should be required to use nondemous tools and wear conductive
and non-sparking shoes In areas where explosion hazards edst Keep closures light and
upright to prevent leakage. Keep container closed when not in use. In raise of spillage,
collect and dispose of In accordance with local applicable regulations. FIRST AID: in case of
skin contact, flush wish plenty of water, for oyes, flush with plenty of wales for 15 minutes
and get medical stlenllom if aflocted by inhalation of vapor, remove to fresh air.
WARNINGI SOME OULORS CONTAIN LEAD COMPOUND
Do not use on toys, furniture or surfaces of other anIclas which might be chewed by
J chlidren. Wash hands thoroughly after using end before smoking or eetng.
Values may vary with color.
Page t of 2 &12
i1 1 J -0 i m, 1( iC
ER1 12 SPRA-SAE
APPLICATION INFORMATION
CAUTIONI Dry overspray can be wiped or washed from most surfaces. Salislactay performance
depends upon height of work, weather conditions, equipment adjustment, xoper thinning
and should be specifically determined for each applicaliorn. Suggested test Is to We off
15 feet, then spray toward paint container, the material should be readily wiped off.
WARNINGI Heat can fuse dry oversprey to surfaces, Always clean dry overspray frown hot surfaces
before fusing occurs. Be aware that exte for surface temperatures can be higher than air
temperature.
MDUNG Stir thoroughly, making sure no pigment rernalra on the bottom of the an
SPREADING RATE* Dry M113 wet Mils Sq.FUG&I.
Suggested 1.5 4.0 385
Minimum 1.5 4.0 385
Maximum 2.5 7.0 2311
Allow for overepray and surface Irregu''4dtlea. Film thickness Is besdd on closest 0.5 mil.
Application of costing below minimium or above maximum dry mil thickness recom
mended may adversely affect costing performance.
THINNING Use No. 12 Thinner or Toluol below 75 F.; No. 2 Thinner or xyloi above 75 F. For air spray
thin 20%, for aldess spray, 15%.
SURFACE TEMPERATURE Minimum 40 F. Maximum 120 F.
The surface should be dry and el least 5 F. above the dew point.
APPLICATION EQUIPMENT Air or sirless spray
Ak Spray Suggested equipment, or equal:
Gun Fluid Tip Air Cap Air Hose Mat'I Hose Atomtzln) Pot
ID ID Prewrit Pressure
DeVllblss E 704 5116" 318" 75-100 10-20
MOO or JGA or 78 or 36" or 1117" PSI_
Low temperatures or Iorngw hoses require higher pot pressure.
Akless Spray
Tip Atomizing Mail Hose Manifold
Odlies Pressure ID Filter
0.011" 2400-3000 114" 100
to 0.015" psi or 318" mesh _
Use appropriate tip and atomizing pressure for equlptwk applicator technique and
wwlher conditions.
CLEAN UP INSTRUCTIONS Clean all equipment ,mnv lately &IW use with No. 2 or 12 Thinners, xylof or Toluol. Flush
and clean spray equ(pmont before material sets up.
WARRANTY The technical data contained herein Is accurate to the bell of our knoviedge. Tnemeo
Company, Inc. warrants thal coetings represented herein meet their lotrxrlatlon sLY,6
ands. No other warranty Is expressed or impiled, Including warrantles M awchantak,111ty
and fitness for a particular purpose. Published technical data and Instruct on$ are subject
to change without notice. Contact your Tnemee Representative fo current teehnlesl data
and Inetructlorm
'Values may very with color.
09AA'iMI Uf, &
Post Office Box 1749 0011101011 Manufacturing Plants:
FOR INDUSTRIAL. USE ONLY KO" w)• 84141.1149 Kansas City, Missouri
(818) 4;3.3400 Baltimore, Maryland
(KC) Telex 43-4208 U Compton, c•~:.rrnle
S 12 Page 2 of 2 52
1
3
DATE: 10/15/85
i
CITY COUNCIL REPORT' &%%-TT
TO: Kayor and Kembers of the City Council
FROM: Rick Svehta, Acting City Manager
SUBJECT: PUBLIC HEARING FOR ZONING CASE Z-1767
NDATO :
The Planning and Zoning lommiesion considered this item at its
meeting of September 25, 1985, and voted to recommend approval of
Z-1767 by a vote of 6-0.
This is a request for a change in zoning from the agricultural (A)
district to the single family (SF-7) classification on an 8.7 acre
tract located on the south side of Audra Lane approximately 634 feet
west of Mockingbird Lane.
BACU(}ROUND:
The proposed land use of single family detached housing on minimum
7,000 square foot lots is consistent with Denton Development Guide
policies and surrounding land use and zoning.
PP,OGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
~~4Cj12IKPACT:
There is no impact on the general fund.
Reep~ limyl-
Rick Svehla
Prepared by,. Acting City Manager
Denise Spivey
Urban Planner
Appr ad,.
Joff Ke er
Director of Planning
and Development
1313%/1
V 1 4 "C" r7 i 4 Y ° r, x~Ma` r .4 pi.. , l. ♦.r t
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To: Denton City Council
Case No.s Z-1767 Meeting Date: C.:tober 15, 1985
GENERAL INFORMATION
Applicant: Steve Yount
P.O. sox 2452
Denton, TX 762Ui
Statue of Applicant: Financial interest
Requested Action: Change in zoning from agricultural
(A) to single family (SF-7)
classification
Location and size; 8.7 acre tract located on the :South
side of Audra Lane approximately 634
feet west of Mockingbird Lane
Surrounding Land Use
and zoning: North - Single family residence,
vacant; (A)
South - Vacant, single family; (A),
(PD-3,1), (SF-7)
East - Vacant, single family)
(PD-l)► (A)
West - vacantr (A)
Denton Development Guide: Area is designated as low intenbity. I
SPECIAL INFORMATION
Transportation: Perimeter street paving will Lse
required on Audra Lane and 6U feet of
right of way will be required.
Off-site paving is a possibility as
Audra Lane is not completely paved on
either side of this tract. A
sidewalk is needed on Audra Lane.
Drainage: This tract is located at the top of a
hill but drains down to an area that
has no storm sewor or channel
improvements. Detention or off-site
improvements could be used to solve
the problem.
(Case 4-1767)
Page Two
SPACIAL INFORMATION (continued)
F Utilities: A 6 inch waterline should provide
sufficient capacity for fire
prutection for this development. A
11) inch sanitary sewer on Audra Lane
will provide sufficient service to
this project, but the line must be
extended across the property frontage.
ANALYSIS
This property is located in a low intensity area. The Denton
Deve)opiaent Guide designates low intensity areas as the City's
prix>ary housing area. The proposed single family housing on
7,000 square foot lots is compatible with land use and zoning in
the surrounding area.
RECOMMENDATION
the Planning and Zoninj Commirision considi•red this item at its
meeting of September 25, 1985 and voted to recommend approval of
Z-1767 by a vote of 6-U.
ALTERNATIVES
i
1. Approve petition
2. Deny petition
ATTACNMEN.'
1. Location Mai)
2. Reply form totals
3. Property Owner List
4. Miiutes of the Planning and Zoning Commis-.ion Meptiny of
September 25, 198.
134ug
1. i4l
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;1767 '
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E PD-73
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1767
IN FAVOR IN OPPOSITION UNDECIDED
None Received None Received
i
O
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P 5 Z minutes
September 25, 1985
Page 2
III. PUBLIC HEARINGS
Z-1767. Petition of Steve Yount requesting a change in zoning from
agr cultural (A) to single family (SP-7) classification on a 8.7 acre
(UNAPPROVED) tract. The property is located on the south aide of Audra Lane approx-
imately•634 feet west of Mockingbird Lane and is shown in the M.B.P. 6
P.R.R. Company Survey, Abstract 1473.
Seven notices were mailed to property owners within 200 feet; one reply
form vas received in favor, no reply forms were received in opposition.
PETITIONER: Larry Frank, representing Steve Yount, stated that this
property was in a low intensity area. He said that they felt that
SP-7 zoning would go along with the surround prop-ertias being developed
in this area. He added that they were willing to pay any development
costs outlined in the development guide such as street improvements,
utilities, and etc.
FAVOR: None present.
OPPOSED: None present.
STAFF REPORT: Ms. Spivey stated that this property is located in a low
intensity area. She said that the
Denton Development Guide designates
intensity areas as the City's p ~ added s
the proposed single family housing on7,000 osquare afoot ~loShe ts is compat-
ible with land use and toning in the surrounding area.
Mr. Claiborne asked if staff recommended off site improvements.
Ms. Spivey said that there vere possible options for that in the platting
process. She said that they could not require that in the zoning stage
unless it was a planned development. She added that there were provisions
in the Subdivision Regulations at the Planning and Zoning Commiselon's
discretion to authorize off site improvements at the platting stage of
development.
Mr. Juren asked what size lot: there were in PD-1. Ms. Spivey replied
6,000 square feet.
Ms. Brock asked what would be the impact of drainage on the property
west of this plot. Me. Spivey stated that this matter would be studied
further by engineering and staff during platting stages,
REB`UT~ TEAL: None.
DECISION: Mr. Juren moved to recommend approval of 2-1767 Seconded by
Me. Cole and unanimously carried (6-0).
1
DATE: 10/15/85
CITY COUNCIL REfORT FORMAT
T0: Mayor and Members of the City Council
FROM: Rick Svehla. Acting ^.ity Manager
SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PETITION OF THE CITY OF DENTON FOR
ANNEXA'rloi OF APPROXIMATELY 296.97 ACRES BEING PART OF THE I-COY SURVEY,
ABSTRACT 21 W. BURLESON SURVEY, ABSTRACT 93, 8. BURLESON SURVEY, ABSTRACT
219, AND Tdd Xe JO3NSON SURVEY, ABSTRACT 666 (A-26)
RECOMMENDATION:
A Planning and Zoning c )mmission recommendation will be forearded at a
later date.
SUMMAR(:
T ne City Council requested that staff research the possibility of
extending the city limit line (minim~'m 500' strip) along 1-35N toward the
City of Sanger. Staff has determined that one annexation for a 3 1/2
mile distance (maximum permi'.ted by law) would place the lenton city
linits approximately 112 milu south of the Sanger city limit lines The
City of Denton uan annex property wi.nin its extraterritorial jurisdiction
without written consent so long as it does not annex within 1/2 mile of a
neighboring city limit line. Off .ials of the City of Sanger have
informed staff that their current uity limit line ends on the northern
edge of Duck Creek..
PRW?AM$, DEPT IrMENTS CP, GROUPS AFF?CCdD:
Approximately 296.91 acres are included In this proposed annexation.
A strip 750 feet wide (300-400 feet of I-35 right-of-way) is proposed.
The existing strip is 1,000 : it wide, but staff is recommending the 750
foot strip to avoid annexing small portions of residences and structures.
FISCAL IM, 7CT:
Undetermined
FAspe •1' 4&
Rick Svehl► y..-
Preeppared y; Acting City nanagnr
David Ellison
Senior Planner
Appr d 1
Jeff Xoy
Director of Planning
and Development
12659(1)
1205
~ ,rs
r.'
s,.1r 14
it
r
NOTICE OF PUBLIC HEARINGS ON PROPOSED AqNEXATION 14
NOTICE 1S HEREBY GIVEN TO ALL INTERBSTRO PERSONS THATs
The City of Dentonp Texas, pro as to Institute annexation
proceedings to alter the boundary limits of said City to add the
following described territory to the corporate limits of the City
of Denton, to-wits
All that certain tract or parcel of lard lying and being situated
in the County of Denton, State of Texas and being part of the I.
Coy Surveyp Abstract 212, J. Ayers Survey, Abstract I, W. Burleson
Surveyp Abstract 93, B. Burleson Survey, Abstract 249 and the R.
Johnson Survey, Abstract 666 and more particularly described as
follows.
BEGINNING at a point in the present city limits, said point lying
in the North boundary line of the tract described in Ordtnance No.
69-400 Tract Vl, said point lying 350 feet west of and
perpendicular to the center line of 2-35i
THENCE Northerly, 350 feet Nest of and parallel to the center line
of 1-35 the following four (4) courses and distances;
(1) NORTH 10 58' West, a distance of 2,199.71 fsst, (2) North
00 53' East, a distance of 60168.64 feet! (3) North 90 02'
Wootp a distance of Sp202.791 (4) North 20 SO' West, a distance
of 4,903.36 feet to a point for a cornari
THENCE North 870 10' East, passing at 350 feet the center line
of 1-35 and continuing for a total distance of 700 feet to a ^olnt
for a corner, said point lying 350 feet East of and perpendicular
to the center line of I.351
THENCE Soutnerly, 350 feet East of and parallel to the center line
of 1-35 the following four (4) courses and distancesi
(1) SOUTH 20 50' East, a distance of 4,865,44 feett 12) South
90 02' east, a distance of 5,225.71 test) (3) South 00 53'
West, a distance of 60M.96 feet, (4) South 10 ae' East, a
distance of 2,182.29 feet to a point for a corner in the present
city limit., said puirit lying in the North line of a tract
described in Ordinance 69-40, TLaCt VIr
THENCE South 000 02' West, along said present city limits,
p osing at 350 feet the center line of I-35 and continuing for a
total distance of 700 feet to the place of beginning and
containing 296.97 acres of land more or less.
j A Public Hearing will be held by and afore the City,• Council
of the City al Denton, Texaso on the &rk-day of
19850 at 1100 o'clock Pe M. in the City Council Cnambers o the
Municipal Building of the City of Denton, Texas, for all persona
interested in the above proposed annexation. At said time and
place all suer, 17trsons shat! have the right to appear and be
heard. Of all said Matteis and things, all persons interested in
the things and matters herein mentioned, will take notice.
i
A Public Hearing will be nold by and before the City C u cil
the City of Denton* Taxes, on the day of ~s 0
19 e
1985, at 7100 o'clock p. M. In the C ty ounc L of
th
municipal Building of the City of Denton, Texas, for sl'i parsons
interested in the above proposed annexation. At said time and
place all such persons mail have ?he right to appear and oe
heard, Of ail sai,: matters and things, all persons interested in
the things and matters herein mentioned, will take noeics.
TEWAI
N, T zAa MXVOJF~
CI4' OP OY) TO
ATTESTi
YtA 4EA Ty
A
i
PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a mt.p of the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Section 1. pursuant to the provisions of Article 970a as
amended, Texas Code An,iotated, there is hereby adopted fo•: the proposed
annexation area the following plan of service:
1. Basic Service Plan
A. Police
(1) Pakrolling, radio responses to calla, and other
routine police services, using present personne,.
and equipment, will be provided on the effective
uate of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
Study and traffic standards.
B. Fire
(1) Fire protee,lon by the present personnel and equip-
ment of the fire fighting farce, will be provided
on the effective date of annexation,
C. Water
(1) Water f domestic, commercial and industrial use
w11i, be provided at city rates, from existing city
line, ;)n the effoc-cive date of annexation, and
thereafter from new lines as extended in accordance
with article 4.09 of appendix A of the code of the
Cite if Denton, Texas.
D. Sewer
(1) pro, sties in the annexed areas will be connected
to s,?wer lines in accordance with article 4.09 of
a, ~ 1r11x A of the code of the City of Denton, 'texas.
E. Refuse Collection
(1) the same regular refuse collection service now pro-
vided within the city will be extended to the
;annexed area within one month after the effective
date of annexation.
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
^huckholes, measures necessary for traffic flow, etc,)
will begin on the effective date of annexation,
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation.
(3). Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and guttere, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
G. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation,
It. 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 effi3c-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city,
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
Service Plan
Annexed Areas
Page three
I., Miscellaneous
(1) Street name signs where needed will be installed
within approximately a months after the effective
date of annexation.
II. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as:
(1) Lemand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restvaints or opportunities,
(2) Impact on the balanced growth policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
•
Mir or
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• escrowWr1IM R1 Nrrltr ' i ' •
SJ11i~.aA R d.• ° - Sanger r:ity limits
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A-26
ANNEXATION SCHEDULE
September 23, 1985 Submit agenda item
,i September 24, 1985 Submit agenda bacK-up
October 1, 1985 City Council sets date, time and place
for public hearing
October 2, 1985 Notice to Denton Record Chronicle i
✓/October 4, 1985 Publish notice and mailout
i
October 7, 1985 Submit agenda item
✓ October 8, 1985 Submit agenda back-up
October 15, 1935 City Council holds first pu~)lic hearing
October 16, 1985 Notice to Denton Record Chronicle
October 18, 1985 Publish notice, and mailout
October 28, 1985 Submit agenda item
October 29, 1985 Submit agenda back-up
* November 5, 1985 City Council holds second public hearing
November 11, 1985 Submit agenda item
November 12, 1985 Submit agenda back-up
* Nover.jer 19, 19J6 City Council institutes annexation
proceedings
November 21, 1985 Ordinance to Denton Record Chronicle
November 24, 1985 Publish ordinance
December 3U, 1985 Submit agenda item
December 31, 1985 Submit agenda back-up
* January 7, 1986 Final action by City Council
* Denotes action by the City Council
U964g
BATE$ 10/15/85
CITY COUNCIL REPORT FORMAT ~f
'T0: Mayor and Members of the City Council
FROid: R'.ck Svehla, Acting City Manager
SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PETITION OF SHAUL C. BARUCH FOR
VOLUNTARY ANNEXATION OF 92.80 ACRES LOCATED NORTH OF HIGHWAY 77
APPROXIMATELY 11050 FRET EAST OF 1-35. (A-28)
RECOMMENDATIONt
A Planning and Zoning Commission recommendatinn will be forwarded at
a later date.
SUIT MARY:
Annexation and light indua.rial (LI) zoning is being requested for
the above referenced tract. Approximately 16.5 acres already in the
city limits and adjacent and north of Highway 77 abuts this tract to
the scuth.
BACKGROUND:
This site is located in a high and low intensity area6 Annexation
and land sale activity has increased in the general vicinity of the
Texas Instruments property and future Loop 288.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
No existing housing or population is located within the area
proposea for annexation.
FISCAL IMPACT:
Undetermined.
Respec ull bmit d:
Prepared b Rick Svehla
.JP ` ~ Acting City Manager
i
David Ellison
Senior Planner
Appro d:br
Jeff Meyes.-
Director of Planning
and Development
0972}
1207L / rr t
^ °x p ~ e erg
''JTICE OP PUBLIC HEARINGS ONPROPQSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTEO PERSONS THATr The City of Denton, Texas, proposes
to institute annexation
wr
proceedings to alter the boundary limits of said City to add the
following described territory to the corporate limits of the City
of Denton, to-wits
All that certa tract or parcel of land lying an6 being situated
In the County of Denton, State of Ttxae, and being part of the A.
White Survey, Aostract 1406, the M. M+y Suc:ey, Abstract 807 and
the S, Jonnson Survey, Abstract 681 .nd being mote particularly
described as followas
BEGINNING at a point in the present city limits as established by
Ordinance No. 82-4, said point also lying 500 fe•,t North of ani
parpendiculat to the :enter line of U.S. Highway 'i anJ tne mo t
k
Easterly Southeast c,jcner f the tract described In )rdinan No.
i 63-271
° THENCE North 0' 19 1 ' East, page -q at 69.05 feet the EaeterlY
Nort.least cornet of ne tract de abed in Ordinance do. 43-27,
and continuing for a total distil :e of 1,047.86 feet to point
for a corner in the North boundary line o+ said White Survey, said
point also betng the Southwest cornet of thr, M. May Survey,
Abstract 807 and the Southeast corner of the S. Johnson Survey,
Abstract 6831
THENCE North 8d0 37' 15" West slung the North boundary line of q
said White Survey, sane being the South ooundacy line of said
Johnson Survey, a distance of 126.62 feet to a point for a corner)
THENCE North 06 17' 7 East, a distance of 1,062.95 feet to a
point for a cornerl
r
THENCE South 998 I' 39" a distance of 2,485.31 feet to a
point for a corner; j
THENCE South bleat, a di, ance of 564.11 feet to a point
for a corner-
North B9° 27' u" West, a distance of 1,033.4 et to a
point for a cornerr
THENCL 3oiith 0' 28" we,, a dt,tance of 506.06 feet to a potnr
for a corns Suutn ooundacy line if the said v Survey,
same being toe o)unuacy line of the said Wntte Sur.,.-/;
lt,4.NCE Soutir 06 25' $9" .lest, a dtatance It 1,845.44 foot to a
point for a corner in the present city It its as estaott;r.ed t;'/
Ordinance No, 82-4, said point 500 feet ,).tn of and pe-j.!ndirjlar
to th,: center line of U.S. Hlgnway 77;
THENCE Nortn 58° 14' 51" nest, 500 feet ',orth of a,,J III t to
the center line of U.N. Highway 77 amt witn gild city li+tts a
dlstanr,, of 866.58 feet to a polntl
S,;t';t,'E ,ot'th 580 22" 57" West continuing alr)nj aid lines a
distance of 679.55 feet to the place of Degu,ning and containing
i 92.8 acre of land more or leas.
A Public Heating will uc held by and,Defoce the '.1•,y- Council
of the City of Denton, Texas, or, the _~r_ll da - of f
1965, at 7100 o'clocx P. M, in he C ti y Council Cn efs of me
Mun.cipal Building of the city of Denton, Texas, for ill pe*":vns
interested in the above proposed a-nexstion. At saiu time and
place all such persons shall have the right to appeer be
heard, of all said Matters and things, all persons interested 1r
the things and matters iersin ttentionaI, nili take notice.
A Public Rearing vill b0 held by and pefore the City Council /
of the City of Denton, Texas, on the day of
1985, at 700 o'clock P. M. in the Crt"y7cuncii Clam ors o 914" 4;
Municipal Building of trio City of Dentono Texas, for all persons
interested in tha above proposed annotation. At said time and
place all such persons shall have ins right to appear and be
heard. Of all said matters and things, all persona interested in
the things and :matters herein mentioned, vill take notice.
Ic AA
CIT 0!' DL' TOM, TE%A9
ATTESTi
tLTiK~
XWrTE A t CITY IMCRUARY
t
i
t
PLAN OF SERVICE FOR ANNEXED AREA CITI' OF DENTON TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proprsed annexation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Section 1, Pursuant t6 the provisions of Article 870a as
amended, Texas Code AnnotateA, there is tereby adopted for the propnsgd
annexation area the following plan o, service:
I. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine polio services, using present personnel
and equipment, rill be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards.
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will he pi-ovided
on the effective date of annexation,
c, ',eater
(1) Water for domestic, commer.cial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 4.09 of appendix A of the code of the
City of Denton, Texas,
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer :inea in accordance with article 4,09 of
appendl- A of the code of the City of Denton, 'texas.
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city ill br extended to the
annexed area within one month after the effective
date elf annexation.
.
S,
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc.)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation.
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainpge facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
G. 1•tspection Services
(1) Any inspection services now provided ')y the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation.
It. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
1, Street Lighting
(l) Street lighting will be installed in the substan-
tially developed ❑rc«:~ in accordance with the
e tablished policies of the city.
R :,reation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
X. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
i
Service Plan
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs where nPrded will be installed
within approximately 6 munths after the effective
date of annexation.
II. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly. The Plan is prioritized by such policy guide-
lines as:
(1) Demand for services as compared to other areas
based partly on density of population, ma6nitude
of problems compared to other areas, established
technical stan.tards and professional studies, and
natural or technical restraints or opportunities.
(2) Impact on the balanced growth policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
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A-28
ANNUATtON SCdBDDLE
Septemoer 23, 1.985 Submit agenda item
September 24, 1985 Submit :agenda back-up
we* October 1, 1985 City Council sets date, time and place
for public hearing
,f October 2, 1985 Notice to Denton Record Chronicle
October 4, 1985 Publish notice W Bailout
✓ Octooer 7, 1985 Submit agenda item
Octooer 8, 1985 Submit agenda back-up
* Octooer 15, 1985 City Council holds first public nearing
October 16, 1985 Notice to Denton Record Chronicle
October 18, 1985 Publish notice and mailout
Octooer 2d, 1985 Suomit agenda item
October 29, 1985 Submit agenda back-up
* November 5, 1985 City Council nolds second public hearing
Novemoer 11. 1985 Suomit agenda item
November 12, 1985 Subrait agenda back-up
* Novemoer 19, 1986 City Council institutes aanexation
proceedings
November 21, 1985 Ordinance to Denton Record Chronicle
November 24, 1945 Puulisn ordinance
December 3U, 1985 Submit agenda item
December 31, 1985 Submit agenda oacu-up
* January 7, 1986 Final action by City Council
* Denotes action by the City Council
0964g
I
I". Yr.j
DATE: 10/19;85
CITY CpUNCIL REPORT FOR MT
TO: Mayor and Members of the City Council
FROM, Rick Svehla, Acting City Manager
SUBJECT: HOLD A PUBLIC HEARING CONCRRNING VOLUNTARY ANNEXATION OF
APPROXIKATBLY 59.6 ACRRS LOCATED AT THE NORTHWEST CORNER OF FM 2164
(NORTH LOCUST) AND PROPOSED LOOP 288 AND LYING AND BRING PAFT 0 THE
T. TOBY SURVEY, ABSTRACT 1288 (A-29).
RECOMMRNDATION:
The Planning and Zoning Comliesion will forward its recommendation
at a later date.
SU1*i:' RY:
Mel R. Lacquemont, Planning and Zoning Consultant, has eubmitted an
annexation petition for the above referenced parcel in behalf of the
owners of a total 412 acre parcel. The purpose or the annexation is
to include all subject property in a pending mixed use zoning
proposal. The 55 acres in question begins adjacent and north of
proposed Loop 288 and went of FM 2164.
BACKGROUND:
This site is located in a low intensity area predominantly wit}: a
moderate intensity node located at the intersectLon of Froposed Loop
288 and FM 2164.
PROGRAMS. DBPA.RTMENTS OR GROUPS AFFECTED:
No existing h;jueing or population is included in the area proposed
for annexation
FISCAL IMPACT:
RospEC 11 bmi/~
Prepared by: Rick Svehla
iJ 4 p_ Acting City Manager
David Ellison
SenL3r Planner
Appro d:
Jeff Meye
Director of Planning
and Development
1216&
1
1206L Ae
A-~1
NOTICE Or PUBLIC HEARINGS ON pilOP08ED ANNEXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT$ N ~j
~ ion
The City of Denton, Texas, proposal to institute anr.estationfproceedings t* alter the boundary limits of said City to add the
following described territory to the corporate limits of the City of
Denton, to-wits
All tnat certain tract or parcel of land lying and being situated in
the County of Denton, State of Texas, and being part of toe T. Toby
Survey, Abstract 1288 and more particularly described as followss
BEGINNING at a point in the present city limits as established by
Ordinance No. 74-36, Tract I1I0 saia point lying $00 feet West of
and perpendicular to the center line of State Hwy, P14 2164 and In
the North boundary line of said Toby Surveys
r
THENCE South 1014' West, along said present city limits, 500 `Bet
west of parallel to the center line of PN 2164, a distance of 103.39
feet to a point for a corner, said point lying 600 feet Nortn of and
perpendicular to the center line of State Hwy. Loop 288 and in the
present city limits as established by Ordinance No. 82-3s
THENCE Westerly along said present city limits, 600 feet North of
and parallel to the center Line of Loop 288 the followings
1. Westerly along a Curve with a ►adius of 6,329.58 feet,
central angle of 18627143" and a chord of South 80031152.5"
West, 2,030.9 feet, an arc distance of 2,039.7 feet,
i. South 71017153" West, a distance of 1,105.3 feet to the
beginning ri a curve,
3. Westerly along a curve with a radius of 5,129.58 feet,
central angle of 15435037" and a chord of South 79405146.5"
West, 10391.76 feet, an arc distance of 1,391.76 feet to a
point for a corner in the West boundary line of said Toby
Surveys
THENCE Nortn 0'57106" East, along the West boundary line of said
survey, 3 distance of 1,126.21 feet to the Northwest Corner of said
Toby Surveys
THENCE South 89004132" East, along the North ooundary line of said
Toby Survey, a distance of 40396.46 feet to the place of beginning
and containing 59.6 acres of land more or less.
A Public Hearing will be held b n d before the City Council of
the City of Denton, Texas, on the ay 0f , 1985,
at 7:00 o'clouk P. M, in the City Council Cnambera o the Municipal
Building of the City of Denton, Texas, for all, persons Interested in
the above proposed annexation. At said time and place all such
persons shall nave the right to appear and be heard. Of all said
matters end things, all persons interested in the things and matters
herein mentioned, will tare notice.
A Puolic Hearing will oe held by a d before the City Council of
the City of Denton, Texas, on the ___T-day of ~j, Q~ 19850
at 7x00 o'clock P. M. in the amity Council Cnambers o,~
. the Municipal
Building of the City of Denton, Texas, for all persons interested in
the above proposed annexation. At r-1d time and place all sucn
persons shall nave the right to appear and be heard. Of all said
matters and things, all persons interested in the things and matters
herein mentioned, will take notice.
Lia;
eCI Y OP YNTONv TEXAS
ATTESTr
'VeydzzaL r
LKARLVrTIS /
7 '_i
PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENT"ON, 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
anne•:ing an area; and
WHEREAS, ti,e City of De.%ton is contemplating annexation of an
area which is bounded as shown or, a mar of the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THi CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Section 1. Pursuant to the provisions of Article 970a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service:
1. Fasic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
uate of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is establisheu by appropriate
study and traffic standards.
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation.
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the eff(~ctive (late of annexation, and
thereafter from new lines as extended in accordance
with article 4.09 of appendix A of the code of the
City of Denton, Texas,
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, 'texas.
E. Refuse Collection.
(1) The same regular refuse collection service now pro-
vided within the k ty will be extended to the
annexed area within one mou h after the effective
date of c.nnexation,
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc.)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation.
(3) Reconstruction and resurfacing of atreets, installa-
tion of storm drainage facilities, construction of
:orbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
G. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc,) will begin in the annexation area
on the effective date of annexation.
H. Planning and Zoning
(1) The Planning and Zoning Jurisdic!ion of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city.
J, Recreation
(1) Res'.dents of the annexed area may ise all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
K. Electric Distribution
(1) The city recommends tine use of City of Denton for
electric power.
Ser.,ice Plan
Annexed Arpni .
page three
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II Capital Improvement Program (CIP)
The CIP of the Cit;, consists of a five year plan that is up-
dated yearly. The Plan is prioritized by such policy guide-
lir,Qs as:
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints o: opportunities.
(2) Impact on the balenced growth policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
I
II
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A-29;
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77
.
A-29
ANNEXATION SCSSDULS
i Septemoer 23, 1985 Submit agenda item
September 24, 1985 Submit agenda back-up
* October 1, 1985 City Council seta date, time and place
fo: public hearing
October 2, 1965 Notice to Denton Record Chronicle
October 4, 1985 Publisn notice and mailout
October 7, 1985 Submit agenda item
v October 81 1985 Submit agenda back-up
* October 15, 1965 City Council holds first public hearing
October 16, 19+35 Notice to Denton Record Chronicle
October 18, 1945 Publish notice and mailout
October 28, 1965 Submit agenda item
October 29, 1985 Submit agenda bacx-up
* November 5, 1965 City Council holds second public nearing
November 11, 1985 Submit agenda: item
November 12, 1985 Submit agenda back-up
* November 19, 1986 City Council institutes annexation
proceedings
Novemoer 21, 1985 Ordinance to Denton Record Chronicle
Novemoer 24, 1985 Puolisn ordinance
December 3U, 1985 Submit agenda iten
December 31, 1985 Submit agenda back-up
* January 1906 Final action by City Council
* Denotes action by the City :ouncil
0964g
1 Q, I J :1 'e f 4 4 fiP
DATEs October 15, 1985
'
CITY COUNCIL REPORT FORMAT
rs of the City Council 6E
TOt Mayor and Members
FROM: Rick Syehla, Acting Ciry Manager
SUBJECT: Hold a Public Hearing and consider adoption of an ordinance
repealing the existing articles and other provisions relating to
signs and reenacting a new Article 17 of Appendix B - Zoning of the
Code of Ordinances of the City of Denton, Texas, to provide for the
regulating of signs and the permitting thereof.....
RECOMMENDATIONt
The ;Tanning and Zoning Commission recommended approval with the stipulation
that all off-premises portable signs be prohibited and that the frontage
requitement for ground signs be increased from 100 feet to 450 feet by a vote
of 4 to 1.
SUMMARY:
The accompanying ordinance has been revised in accordance with the desires
expressed by a majority of the City Council at several study evasions and is in
;~.ccordance with the latest legislation. If the City Council chooses to adopt
the Planning Commission recommendation, the ordinance will have to be revised.
WKGPOUNDt
The 1974 Denton Comprehensive Plan called for revision of tbt sign ordinance.
Several efforts to revise the sign ordinance in the last 10 years were unsuc-
ccasfui.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Sign enforcement and permitting should to easier; the building inspection
division will be responsible for implementationt sign companies and users will
be affected.
FISCAL IMPACI't
..die fee structure was designed to recover cost.
Respect ly itt ,
Rick Svehla
Actin, City Managur
red by:
es 8. Watkins
Operations Analyst
App ve
Jeff M
Director'of Planning and
Community Development
pw?.
-I ON, 1:
a
LEGAL DEPARTMENT
MEMORANDUM
Debra Adami Drayovitch, City Attorney
,ae D. ~10rZia, Assistant City Attorney
RoOert Be }!ranter, Assistant City Attorney
TOs Charlie Watkins, Operations Analyst
Rick Svehla, Acting City Manager
FRO"t Joe D. Morris, Assistant City Attorney
SUBJECTS Proposed Sign Ordinance
DATES September 12, 1985
Attached for your review is tho proposed sign ordinance containing
the requested revisions. The major rr:visions are listed as follows$
1. Deleted provisions regarding removal of abandoned signs (F.) and
the definition of abandoned sia.is (A. 2 (J)(1))I
2. Revised provisions applicable to planned development districts
to be compatible with the provisions of the proposed planned
development district ordinance now being considered; and
3. Deleted the provisions of regarding termination period for non-
conforming signs (He 4.)= deleted provisions regarding appeals
fr-m the termination period (H. 5.)l added a registration
requirement and presumption provision for nonconforming signs
(H. 3 and 4); and deleted the provision excepting portable signs
as potential nonconforming signs (H.2).
We would suggest that you contract Jackie Doyle concerning these
most recent changes; for any comments he may have on the
administrative provisions of the ordinance
J D. MORRIS
JD14 s j s
xus Jackie Doyle, Uuilding Official
I CONCUR WITH THE FOREGOINGs
DEBRA~ Ao DRAYOVI K
c+n y ..,t -71,77 y r
an
NO.
AN ORDINANCE REPEALING THE EXISTING ARTICLE 17 AND OTHER PROVISIONS
RELATING TO SIGNS AND REENACTING A NEW ARTICLE 17 OF APPENDIX B-
ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO
PROVIDE FOR THE REGULATING OF SIGNS AND THE PERMITTING THEREOF;
PROVIDING FOR A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS
(51400.001 FOR VIOLATIONS THEREOF] PROVIDING FOR A SEVERA81LITY
CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREOF1 AND
PROVIDING3 FOR AN EFFEC'T?VE DATE.
WHEREAS. the City Council of the r:,y of Denton finds tnat the
regulation of the slze, location, height, use, maintenance,
construction and placement of signs and other outdoor advertising
devices and structures is necessary to prevent impediments and
dangers to drivers and pedestrians upon and along City streets,
sidewalks and easements; and
WHEREAS, the City Council of the City of Denton finds tnat the
use of signs and other outdoor advertising devices and structures,
if unregulated, can, because of tnelr number, placement, and
characteristics, adversely affect property valuesp aeathetically
damage the overall environment; create an unfavorable business
climate which hampers attempts to attract and retain desirable
commercial and business enterpriseal and foster conditions that
lessen the enjoyment and desirability of the City of Denron as a
place in which to visit, live and work] and
WHEREAS, the City Council of the City of Denton finds that
portable or mooils signs present special tC.Iff1C hazards when towed
on public streets or displayed on or along public rignts-of-way;
act as impediments to tae effectiveness of the police and fire
departments in performing their duties; present dangers to toe
nealtn, safety end general welfare of the citizens of the City of
Denton because of their mcoillty and propensity to be clown scout
if not properly ancnored, and, if lighted, prissnt special hazards
of electrical use not found in other signet and
KNERSAS► article 1175 (241, Texas Revised civil Statutes
speaificelly enumerates as one of the power= possessed by the
. hmmslWlir
• City of Denton is the authority to regulate, license and control
or prohibit the erection of signs and biliooards,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DRNTON HEREBY ORDAINSI
SECTION I.
Tnat article 17 of Appendix v-Zoning of the Code of Ordinances
of the City of Denton is hereby in all tnings repealed.
SECTION II.
Tnat a new article 17 of Appendix B-Zoning of the Code of
Orainances of the City of Denton is neceby adopted to hereafter
read as follows I
ARTICLE 17. SIGN REGULATIONS 11
A. General Provisions
1. Purpose r Intent
2. Definitions
3. Signs Not Regulated
4. Pronioited Signs
5. Administration 1, Enforcement
B. Permits
C. Portable Signs
D. Regulation of Signs by Zoning Districts
E. Regulation of Attached Signs
F. Removal of Unlawful Signs
G. Special Provisions
1. Manner of Measurement
2. Setback Clearance Zone
3. S1yns on Certain Hlgnways
4. Clearance from Electrical Linos
5. Temporary 6 Political Signs
6. Sign Maintenance
7. Identifica_ion of Signs
H. Nonconforming Signs
1. Special Exceptions Allowed
J. Historical Landmark Signs
N. Conflicting Provisions
A. GENERAL PROVISIONS
1. Purpose and Intent. It is the purpose of tnis article t.%
regulate the construction, erection, placement, maintenance, use
and removal of private signs within the City of Denton, Texas.
PAGE 2
t 4. ,4",
17777
it is the intent of tni+ article to regulate signs generally
by classifying each sign according to its aesign and construction
an.i by regulating, bases on iucn classification, the type, numoer,
size, neight and setoack of signs according to tnelr location in
the various zoning districts.
it is also :he into~nt and determination of the City Council
that these regulations be and are the minimum necessary ana least
burdensome to accomplion the purposes heretofore stated.
2. Definitions. The following words, as used in this article,
snall nave the meanings respectively ascribed to tnem, as foLlawe7
to) "Advertising" shall mean to seek the attraction or
direct the attention of the public to any location,
event, person, activity, goods, services, or mar-nandise
wnatsoever.
(b) "Business Purposes" snail mean the use of any premise,
bulWing, or structure, permanent or tempor y, for the
purpose of conducting any commercial enterprise or
activity,
(c) "Curb line" snail mean an imaginary line drawn along
the outermost part or back of the o n and gutter on
either side of a public Street, or, it there is no curo
and gutter, along the outermcst portion of the paved
roadway, or, if there is no paved roadway, along the
edge of the traveled portion of the roadway.
(d) "Effective area" means the area enclosed by the minimum
imaginary rectangle or vertical and horizontal lines
wnicn fully contains all extremities of a sign (or
signs); exclusive of its supporting structure. This
rectangle is to be calculated from an ortnograpnic
projection of the sign viewed horizontally. A viewpoint
for tnis projection is to be taken which gives the lar-
gest rectangle of that kind, as the viewpoint is rotated
horizontally around the sign. If elements of the sign
are movable or flexible, as a flag or string of lights,
the measurement shall be taken when the elements are
fully extended and parallel to the plane of view.
(e) "Non-Residential Zoning District" means any zoning
district designated as a P, 0, N9, cAp C, LI or HI
district as snows on the official zoning district map
of the City of Denton.
(f) "Owner" means a person who no$ legal title, control or
'088100sion of property.
(g) "pitalse" w-il mean a lot, parcel or tact of real
property as shown on a plot approved in accordance w.tn
law AMi filed with the county Clerk's Offi;e or an un-
plattW tract of land as conveyed oy deed or operation
of .ae and recorded in the official deed records of '.no
C*-Anty Clerk's Office,
P'GS 3
(n) "Residential Zoning District" means any zoning district
designated as an As SF-7, SF-10, SF-13, SF-160 2-F,
MF-R, MV-1 or MF-2 dirtrlet as shown on the official
zoning district map of the City of Denton.
Ii) "Side Yard Setback Lines" mean the imagina.y lines drawn
parallel to the side yard lot Line or property lines on
a premise wnicn delineate the minimum required side yard
areas for that premise.
"Sign' shall mean any flag, iignt, picture, balloon,
letttc, word, me r, sag e, symool, pieque, oilluoard,
poster, painting, wind device, of similar device or
Object designed or .ised for advertising.
For purposes of tnis article, particular types of signs
are further defined herein as followse
(i) "Attached Sign" snail mean any sign attached to, on
or supported by, qny pact of a building (such as a
wall, roof, window, canopy, awning, or marquee)
which encloses or covers usable space. Wail signs,
roof signs and projecting signs nnall be considered
attached signs.
(2) "Dilapidated or Deteriorated .iiyn" shall mean a stgos
(aa) Wnere elements of the surface or background can
be seen as viewed f-om the normal viewing
distance (intended viewing distance), to have
portions of thr. finished material or paint
flaked, broken off, or missing, or otnerwise
not in narmony with the rest of the surfacer or
(bb) Where the structural support or frame members
ace visibly bente broken, dented, or term or
(cc) where the panel is visibly cracked or in the
case of wood and siSiiar produces, splintered
in such a way as to constitute an unsightly or
narmful conditions or
(dd) where the Sign, or its elements are twisted or
leaning or at anglas other than tnose at wnich
it was originally erected (such as may result
from being blown or the failure of a s.ructural
support)f or
(es) Wnece the message or wording can no longer be
clearly toad by a person with normal eyesight
undat normal viewing conditions.
(3) "Ground Sign" shall mean a sign whose principal
support is provided by burying, anchoring or other-
wise connecting the sign, or supporting structure
thecrof, to the ground in such a manner as not to be
easily or quickly removed or relocated, and which is
not a stake sign, portable sign or attached sign.
(1) ''off-Premise Sign" shall Sean any sign advertising a
businesS, activity, goods, products er services not
usually located on the preuises whore the sign is
located of which directs persons to ally premise
other than where such sign is located.
PACE 1
•..resasrrrss•ssssSSS•ssi►
Y~ Y ( f .A 1
I
(5) "On-Premise Sign" snall mean any sign advertising the
business, person, activity, goods, products or ser-
vices primarily located, sold or offered for sale on
the premises where the eign is located. A sign wnicn
promotes or displays a political, religious or ideo-
logical tlougnt, belief, opinion or otner noncomner"
cial message shall be considered an on-premise sign.
(6) "One Sign" of "A Sign" snail mean any number of Signs
located on or supported by a single supporting
structure.
(7) "Portaole Sign" shall mean a sign wnose principal
supporting structure is Intended, oy design or
construction, to be used by resting upon the ground
for support and which may be easily and quickly moved
or relocated for reuse. Portable signs shall include,
but not ce limited to, signs mounted upon or decigned
to be mounted upon a trailer, bench, wheeled carrier
it other non-motorized moaile structure with or with-
cut wheelal and A-frame signs and other similar signs,
or supporting structures tnereof, resting at leaning
on the ground or other structures, but not permanently
'Attached thereto.
t8) "Projecting Sign" shall mean any sign which ie wholly
affixed to, or supported by any building wall, and
wnicn extends beyond the building wall mote than
twelve (120) inches,
(9) "Roof sign" shall mean any sign wnoily erected on,
affixed to, constructed on, maintained upon, supported
by, or located upon any roof of any building.
(SO) "Stoke Sign" snall mean a sign whose principal sup-
porting structure is so designed or shaped, usually
by mating one and pointed, so as to be erected and
used icy pushing, pounding, nammering or forcing it
into the ground so as to allow quick and easy
plactmet,t, removal or relocation.
(11) "Wall sign" snail mean any sign wholly affixed to,
supportea by, or painted upon the wall if any
building, and which is not a pco3scliAg sign,
i
(k) "Su(porting Structure" means any polo, post, cable, or
other structural fixtures, or parts, so arranged of used
so as to hold, secure or support a sign, or pact tneceof,
and wnicn is not Imprinted of labeled Witn any pictures,
symbols, letters, numbers, or words in excess of orns inch
in height, nor is internally tic decoratively illuminated.
(1) "Wind Device" means any tlag, banner, pennant, strearer or
similar device that moves freely in the air.
3. Signs Not Regulated. The following types of signs shail oe
exempt from the provisions of this acticler
(s) Governmental Signs. Any sign erected or maintained pur-
suant to an in discharge of any governmental function
or which is required by law, ordinance or governmental
regulation.
(b) Raiiwa Signs, Any Sign Within or on railway property
an placed or maintained in reference to the operation
of each tailvaya
PAGE 5
2 r w 6,
(c) Utility _si,.g9~nns__. Signs marking utility or underground
communication of transmission Lines.
(d) Vehic le S1 ns. signs displayed or used upon vehicles,
tra ers or aircraft. unless sucn venicle, trailer or
aircraft on wnicn sucn sign is displayed is permanently
stationed or regularly used at a fixed location to serve
the same or similar purpose of a permanent or portable
sign not affixed to a vehicle, trailer or aircraft.
(e) S,1 g9! Not Visiole From Street. Any sign wners no part
o such s gn is visible from any public street.
(f) Holiday or Rell lout Si *s. Temporary noliday or
re g ous s gns w t out commercial advertising.
ig) Signs on Persons. Hand held signs, or signs, symbols
of ap aI-I~ ye on persons or animals.
(h) Unused Signs. Signs being manufactured, transported or
stored and not being used, in any manner or form, for
purposes of acvertising.
(i) Plaques, Commemorative plaques of recognized historical
sac etles and organizations.
(i) Private Tcaffic Control. On-premise signs which direct
the movement o ra Mo on private prop.cty (sucn as
entrance and exit signs , or warn of oostaclag, overhead
clearances, or control parxing; provlo%)d that sucn signs
ar,. Less tnan 10 feet in effective area, are less tnan
6 feet in neight, and are not placed so as to interfere
with the safe movement of vehicles or pedestrians.
(K) Mail Boxes, Nawri~ Racks. Signs located on mail
oyes; newspaper veending mac nines, and curbside resi-
dential, newspaper holders which identify the owner and
address of tee premises or the name of the newspaper
sold or subecticed tot provided, that sucn devices are
not placed sous to interfere wits: the safe movement of
pedestrians or vehicular traffic.
(1) Signs on Outdoor Machil:es, 4evice and Equipment. Signs
Located on, attach :o or painted upon machines,
eevices and equipment located or used outdoors which do
not generally advertise the business wnere such
macninas' devices and equipment are used or located but
do, in regard to sucn machinist devices or equipment,
identify its trademark, tradename or manufacturer) give
the name or cost of the prodi:ct or service provided
tnerefcoml or give the operating instructions therefor,
sucn machines' devices and equipment enall inoludet but
not be limited to, coin-operated vending machines, fuel
dispensing pumps, telepnons booths or facilities, auto-
matic teller macniies' automotive vacuum cleaners, and
other similar self-service outdoor machines, devices or
equipment.
1. Prohibited Signs, It shall be unlawful for any person to
erect' conv;ruet' maintain, reconstruct, plan' locate oc make use
of any of the following signs for advertising purposes'
(a) si ns or Private too~eCttywithout, Consent 0f Owner.
Signs ocaed On PC Vate property Without C 0 cona;nt
PAGE 6
of the owner of said premises.
(o) Parkin and Maneuverih Areas, Signs wnicn ace located
n or ►nter aces w to ene use of a required off-street
}parking space or maneuvering area.
(c) Unsafe Signs. Signs wnicn are, or become dateriorated,
i apxdate oc in danger of falling or otnerwise unsafe.
(d) Signs on Puolio Slgn♦ on, over, or within a
pus is sleet, Taawa a, alley, street lamp, utility
pole, nyocanc, thee, sncuo, bridge, building or
structure, traffic or street sign or device Cr otner
public pcopectye provided, however, that tnls provision
shall not apply to projecting signs is central ousiness
districts as specifically permitted in tnis article or
signs tnat are used to ad7ertise annual community events
for a temporary period of time foc which the City
Council has given its express consent.
(e) Code Compliance. Signs which do not comply with any
applicable provision of a building code, tiectrical 4
code, or other applicable code or ordinance of the City.
d
(f) Trees and Shruts. Signs locates on trees and encubs.
(g) Motion Picture Signs. Signs wnicn employ a steceoptican
or motion picture macnino.
(n) Signs Obscuring or Interfering With View. SLgno located
or i1lumTnate n such d manner as to obsCUrfe or other-
wise Interfere with the effectiveness of an official
traffic sign, signal or device, or so as to obstruct or
interface with the view of a driver of appcoacning,
emerging or intersecting traffic, or so as to prevent
any traveler on any street from obtaining a clear view
of approaching venicles for a distance of 250 feet along
the street.
(Y) Proper Shielding of Lighted Siy_t!, Signs containing or
~naking use of ght6 wn c ace not effectively snieided
as to prevent beaas or rays of lights from being
directed at any portion of the traveled way of a public
street or whicn are of such Intensity or bclllianco,
regardless of use, directions or sr.iold(,ng, so cs to
likely Impair or interface witn the visl,.n of any driver
of any motor venicle upon a public street.
i
(j) lrlasnin Blink in or Travelin Lights. Any sign with
clashing, b n ng 3c tcave nq lights, except temporary
Cneistmas lights or signs which have a uoving message or
wnich have automatically changing messages,
5. Administration and Enforcement, The Suildiny Offiotal shall
enforce and administer the provisions of this article. The Building i
official or City Manager may delegate tee duties and powers granted
to and imposed Pspon the Building Officitl by this article.
B, PERMITS
1, Permit Required for Sighs. It shall, be unlawful for any
person to place, locate, etect, construct, reconsttuct, alter,
PAGE 7
i
I;. - L • '
Y y
maintain, or make use of any sign riot exempt from regulation,
witnout naving first secured a written permit for such sign from
the Building Official, except as otherwise provided in tnis
article.
2. Exceptions to Permit Grlrement. 1ne following types of
reculated signs shall os exempt from trio permit requirements of
this article, but must comply witn all other applicable regulations
of tnis artlcler
(a) Legally nonconfotming signs as defined in this article
(o) Wall signs, legal notices and building address numoers
(c) State or national flags
(d) Signs painted v:, glass surfaces of windows or doors
(e) Portable signs
StrAe signs
3. Application Procedure. Trio application for -i sign permit
shall be submitted on such forms as the Building Official may pre-
scribe and snail oe accompanied by swan information, drawings and
descriptive data as requited by the Building Official to insure
proper regulation of the sign and to insure compliance with this
article.
4. Permit Fee, if the plans and specifications for a sign set
forth in any application for a permit conform to all of the
requirements of this article and any other ordinance or law
applicable tnersto, the auilding Official snail, upon payment of
tno following fee, issue the appropriate permit:
Effective Area
of sign M M ) Pew
0 to 50 $15.G0
over 10 to 100 2:.00
over 100 to 20C 25.00
over 100 to 300 30.00
over 300 to 400 $0.00
over 400 75.00
5. Duration of Permit. Unless otherwise revoked, all permits
issued for signs shall be valid for an indefinite period of time,
except as dtherMiae provided for in this article,
it
PAGE 8
r 7,
6. Revocation of Permitt Appeals, Tne Building Official is
hereoy granted the power to revoke any and all sign permits for
violation of any prov•.sion of this article. Any permit polder
wistiing to appeal the decision nd order of Lne Building c a vial
revoxiny a sign permit, may appeal tnt same to the Board ut
Adjustment in accordance with the 16.I, ordinances, regulations
and procedures governing other oattcrs appealed to the Board.
C. PORTABLE SIGNS
1. Regulations Applicable te, all Pcrtaole Signs. In ad iition
to all otner applictoie pcoviricne, the following regulations snail
apply to all portable signs in all toning d~4trictsi
(a) Flashing lights Proaibited. ao ;)ortable sign shall be
used so as to MAKS,'use o anyy i.asni- a or intermittent
lights on or in conjunction witn such :ign.
(b) Signs Ancn~ored. All portable signs used to advertis-
ng purpos~
s, when not in transit shall be securely
ancnored, so as ro prevent overturning or L raft move-
ment, the suffietency of such ancnocage to be determined
oy the Building Official.
(c) maximum 31zt~. No portable sign shall be used (or
advertising which is in excess of 72 square feet of
effective area.
2. Nuwbec of On-Premise Portable Signs Limited. No person
shall place, erect, maintain or make use of, at any one time, on
any one premise, more than two (2) ca-promise portable signs for
purposes of zdvertl.ring of an effective area of 25 square feet er
less, or more than one (1) on-premise portable sign for pu!pooes
of ads-rtising of an effective acea of mote than 25 square feet.
Regulation of Off-Premise Portable Signs, The following
regulations shall apply to all off-premise portable signs used ►,)r
advertisinys
(a) Number Limiteu, No parson snall scoot, maintain or make
use o Mote tnau fobs off-premise portable signs at any
one time to advertise, identify or otherwise give infor-
mation relatin to the buaIneas, activity, event,
product or service, whether one of more, located at hny
one buline6o, wore or commercial estaolisnmant,
(b) 8 coin , No $Orson sns a place, er#041 sak4 use of, or
ma n a n an o f-ptt.',se portao16 sign within 240 isat of
PAGE 9
ano.nec oft-premise portable sign. In computing the
spacing requ►cemett, the measurement shall De made
paral101 to the r.,: rest curb line and on the same
ile if the street.
(c) Identification. Tne owner of an off-premise portable
sign sncause each sign to be conspicuously
labeled or marked with the Ownec's name p telephone cumber. r address and
(d) Rags ter To 8q Kept. Every sign owner placing, using
oc ~aainta~nIng an off-precise portable siyn shall
keep a current register or DonA snowing the drte or
dates wnen, and location of, the premises where such
sign is place0 or used. 4o person Snail record or
register a sign as tieing used on a date or date. cc
at a promise wnen such sign was not so used. E:cry
person required to keep a current cegiseer or nook
snail make such register or book availab'a to the
Building Offlci+l or City enforcement personnel for
.nape on, upon demand, 'kt any reasonable time.
REGULATION OF SIGNS BY . 4IFG DISTRICTS
Tne following regulatior3 apply to specified signs in the
specified zoning districts.
1. Residential District. The following cegulattons snail
apply to signs in ail residential toning districts.
(a) ups. Roof, projecting, portable or off-premise signs
ace prohibited.
(b) ei nt. No gigs shall nave a greater w4ight than 25
ee
(c) S► e. No sign snarl nave an etfective araa jreater
tnan 5u square feet.
(a) et~~bac~KK. All ground signs shall maintain a minimum
distance or setback from the curb tine wnicn i, equal
to or greater than one-half of the required front yard
setback for the premisn where the sign is located)
provided, nowever, that no ground signs shall oe so
located ss to be within any public right-of-way,
(e) Num r. Only one ground sign snail be located on one
prey e, except as follows$
(1) Any premise fronting more than on$ public street,
vh ch is not an alley, shall be allowed to sake use
of one ground sign on each separate atreat frontage.
(2) Any premiss which has note than 100 feet of public
street frontage on any one public street (excluding
alleys) may make use of one additional ground sign
for each additional 100 feet of frontage, or
fraetiod thereof.
2. Non-ResAdential Dis cicts, The followi;lq regulatio,ls SWI,
apply to signs in non•cooldential Toning 41stcictst
PAGE 10
(a) Type, All types of signs are Permitted.
(o) Hdignt. NO sign, wnich is not a roof Sign, small nave a
-
me gnt water than 40 feet, except for signs located
along Interstate 35 as permitted by G. 3 of tnis article,
(c) Size. No sign small nave an effective area greater tndr.
TUr square feet, except for signs located along Inter-
stat: 35 as permitted Oy G. 3 of tnia article.
(d) SetcacK.
(t) All ground, portable, stake and projecting signs
small maintain a minimum aistance or setbacK from
the curb line, as determined by heignt and effective
area, in accordance with the fotlowingi
401 Minimum Setback (Ft)
30 30 30
Height (ft.) 20 20 20 30
10 20 30
0 50 150 4 0
Effective Area (Sq.Ft.!
12) A1' ground si,Tns, In addition to meeting the required
setback requirement, small oe so located as not to
be within any public rignt-of-way,
(3) in determining the required setback, the measurement
of the Height or effective area of the sign which
would require the greatest satoack shall b9 Used!
provided, nowever, that, if the determining height
or effective area measurement is a dimensW n that
separates two different setback requirements, the
least restrictive setback small be used.
(e) Number. only one ground sign, or supporting structure
nF ersoE, snail be located on any one premise, except as
folldwal
(1) Any premi'e fronting more then ont public street,
wnich is not an allay, snail be allowed to make use
of one ground sign fir each separate street frontage.
(2) Any premise wnich. nas more tnan 100 feet of public
street frontage on any one street (excluding alloys)
Oay make use of ona additional ground sign for each
iddition3l 100 foet of frontage, or fraction tnereo..
(3) where any premise contains more ?San one lawfully
permitted business or use in divided buildings, each
business or use thereon shall be allowed one it more
on-premise signs on the permitted supporting
structure.
3. Planned Development Distlicts, The regulations For signs
located in planned development zoning districts shall be contained
in the ordinance or sit6 plan approved for the districts provided,
hovever, should the regulations for signs re omitted from an
pAaa tl
LA'
71
77, 73y~.~•t
`o[dinanco or final c,ovelopmsnt plan approved for a planned develop-
ment 41atriat, ►.he sign regulations that would be applicable to the
most ceatctctive comparoole V)T,ing district cla~jsiftcatiorns, based
upor. the land uses permitted tm cein, as determined oy tha Director
of the Department of Planning and Community )wvelnpm*nt, shall oe
applied to the district, or part thereof, wnerein sucn regulations
were omitted.
44 Central Business Districts. The following regulations snail
apply to signs in Central Business Zoning Districts.
(a) Rl ht-of•'ola Limitation P[o ectin Signs. No projec-
ting sign ana MPH or exten nto the public rigut-
of-way for a distance of mote than ten feet or within two
feet of the nearest curb line, wnicnever is more cestric-
tive.No pro3ectin9 sign, supporting structure, or past
tnecsof, wnich oxtenda into the puolic right-of-way snail
occupy any of the space between (•.he ground level and
eight feet aoove said ground level in said clgnt-of-way.
(D) Size. No sign snail nova an effective area greater than
4 square feet.
(c) Haight Limitations. No gcouhd sign, or supporting
itructur`e~irooto shall nave a height greater then 10
feet.
to REGULATION OF ATTACHED SIGNS
In addition to any other applicable regulations, the following
cegulat►ons shall apply to the type of sign specified in all zoning
districts.
1. Root Slgnsl Pro ection. Roof signs, or the supporting
structure thereof, snail not extend laterally beyond the exterior
walls, or upward beyond tna highest point of the roof of the
building on wnich 4t is located, to a nelgnt, as measured from
ground level to the highest pact of the root, which it greatoc •han
specified below as follower
Numbsr of Stories Maximum Heignt
One $SI of bldq, height
Two 311 of bldg. height
three to five 301 of bltig. height
six to nine 2S1 of bldg, height
Ten to fifteen 231 of bldg, height
Sixteen or more A0 feet
PACE 12
i R4
i
.
2. Projecting Signs.
(a) Construotlon. All projecting signs snail oe secureiy
attache to the building or Structure.
(o) Pro 1(1114 Beyond Roof. A projecting sign shall not u1
hrlc a on the wa of any building so as to project
above the coot or parapet wall, Of above the roof 1ev11
whore tnere is no parapet wally except, Sign erected
at a rignt ngle to the building, which da oes not extend
eigntesn inca he* beyond the wall, may oe erected to a
naignt not excc,4ding two feet above the root or parapet
wall or above the root level wnere there to no parapet
wall. A sign attached to a corner of a ouilding and
parallel to the vertical line of such corner, snail be
deemed to be erected at a rignt angle to the ouilding
wall.
(c) Slate Tne total square footage of all projecting signs
shall not exceed twenty percent (201} of the wall area
on Hhicn such signs are located.
1. Signs on Common Buildings. Wnen one or more attached signs
are located on a building which is divided and contains more than
one business or use, the reguli'Lon of such attached signs speci-
fied ndreins as to site and projections snail apply separately to
the pact of the exterior walls which contain that business or use.
F. REMOVAL of UNLAWFUL S1GYS
1. Notice and Order. Tne Building Official snail deliver or
send a written .notice to the owner of an unlawful sign or premises
wnere such sign is located, ordering the removal of such siyn and
Its supporting structure witnin ten (!n) days of delivery or
mailing oe the notice and order. for pusp,.c^a of this provision,
the name of the person listed by the City Tax Assessor/4:llectors
)r other local taxing jurisdiction, fir tax purposes as the owner
of the premises where the unlawful sign is located snail to
presumed to be the owner of such property or the agent for such
owner and notice mailed or delivered to said person at the address
listed snail be presumed to be auffiolant,
2. Removals Appeals, if the person ordert! to remove said
sign fails to do so witnin the time specified, the Building
Official msyo alter twenty (20) days of the date of delivery or
mailing of the notice and order, remove or cause said sign to be
csstovedf provided, however, that any person s94rieved oy said order
PALL" 13
l
!.r J,. ,e~~' i tC yy., e•?' T r yr~.~~ 'f.-L~ •M,,.'~ ~ < q. } a .
.
.may file an appeal with the Board of Adjustment in accari;ance with
the provisions applicable for otner appeals from decisions of the
Building Official. In case such appeal is timely filed, the
proredures applicable to other appeals shall be followed and the
order of the Building Official may be stayed in accordance thereof,
pending the final determination of the Board of Adjustment.
3.Impoundment_of Signal ftedemptloni Dlt;,/jsal. Any sign which
is removed oy the Building Official pursuant to these provisions
snail as impounded and transported to, and stored by, the Building
official at a location designated for such purpose, Records of
wnere such %igns were located and when removed anall De Kepi, Tne
Building Official shall send a letter to the owner of such sign, if
known, or, if not Known, to the owner or person in control of the
premises where such sign was located, giving notice of such
impoundment.
The Building Offlolal shall hold the sign in storage for at
Least thirty (30) days after notice of impoundment has been
mailed. Any portable sign may be redeemed by the owner upon the
payment of a fee to the City of Denton cf a total of $25.00 for
hauling the same to storage, plus 11.00 per day storage fee. Any
nonportable sign may be redeemed uy the owner upon payment of the
cost of removn,4 of and nauling the same to storage, as determined
by the Building Official, plus $1.00 per day storage feo..
Any sign not reclaimed Dy the owner thereof within thirty (30)
days Iof the mailing of the notice of impoundment may to disposed of
in accordance with applicable law.
4. Recovery _of Cos1,4, If, upon disposal of an unredeemed
nonportable sign, the Building Official has not received an amount
sufficient to cover the cost of removal and hauling of such rerovsd
sign, the Building Official shall send notice to the owner of the
premises where soon sign was located, requesting payment of the
removal and hauling costs, less any amount received in disposal of
PA08 14
suen sign, Any such costs remaining unpaid after thirty (30) days
from the dace of mailing of notice email become delinquent and
onall oe5: interest at ton (101) percent per, annum. The Building
official may cause much unpaid and delinquent amount to oe assessed
against the promises wnere such removed sign was located by filing
and porfeeting a lien against said premises. The cost levied
against said premises snail Include a $50.00 administration fee.
5. Appeal of Coat Imposed L Levied. Any person may contest the
reasonableness cf the cost for the removal of a sign imposed
hereunder by filing an appeal with the Board of Adjustment within
twenty (20) days of the mailing of L41e notice of such costs, Tne
Board of Adjustment may sitner uphold tae coat imposed oy the
Building Official or impose and cause to be levied whatever cost it
considers to be reasonable. Storage costs imposed nereunder shall
not be appealable.
0. SPECIAL PROVISIONS
1. Manner of measurement.
(a) Setback. To apply the setbacx provision of tnir article
oor @I gno at any one point, the following ~..easuring
procedure snail be usedr
(1? Draw an imaginary vertical line extending upward
from the curb line of the premisesi
(2) Beginning at any point on the vertical line, draw
an imaginary norizontal line perpendicular to the
vertical line and curb line and extending toward
the premiusol
(3) beginning at tno point where the vertical tine
intersects the horizontal line, measure along the
horizontal line for the required setbacK. (Sea
Appendix Illustration 14a)
(W Hti nt. To apply the applicable height limitations of
this erticie at any one point for signs, or supporting
etrueturos thereof, which are not roof signs, the
following mossuring procedure small be used)
(1) Draw an imaginary vertical line extending upware,
from the nearest curb line of the public street
fronting the premised
(A; Beginning at the surface level of the curb line,
measure along the vertical line to a po int which Is
the amakimum allowed height f0i a particular sign or
a+:pportlny atedoturel
PA03 15
[,'11--`it
72
. 1 t Gr nr. 1~•
r ,1 'r. ? of
.
(3) From tnat point draw an imaginary norirontal line
perpendicular to the vertical line towards the
premisesi
(4) Tnis extended noriaontal line gives the maximum
neight allowed at that location for a particular
sign or Suppporting structure. (See ippendix
Illustration lib).
(e) Effective Area. Ir. determining the effective area of a
sign wnere more than one sign is located or affixed to
a single supporting s7:ructurst all signs located there-
on or affixed thereto shall oe included and measured
together as thougn they were one sign,
2. Setback Clearance Zone. In all zoning districts, except
central Business Districts, all ground signs mall os so located
that no part of the effective area of Such sign shall occupy the
space, (as determined in the same manner far measurLng height and
setback for signs), oetween two and ten feet in neight witnin
fifteen feet of the curb line of any public street. (See Appendix
Illustration 14c.)
Tne supporting structure of such sign may occupy such space to
an extent no greatkr than two square feet in area, such area to be
determined in tnr _iame manner as for effective area of signs.
3. Signs on +.'ertain Highways,
(a) The provisions of this article shall apply to all signs
along the interstate and prima:y system of highways, as
defined or designated by State or federal laws or regu-
lations, within the City only to the extent that sucn
provisions ere not in conflict with the Federal Highway
Beautification Act, 123 U.S,C,A.t Soo, 131, at seq)t
including all amendments thereto, or Article IV ("High
way Beautification") of the Litter Abatement rlct (article
4477-gat Texas Revised Civil Statutes), including all
amendments tneretot or any regulation made pursuant to
sucn Aet:$ by governments% agencies.
(b) Notwithstanding any otnp c provision of this article,
on-premise 4cound signs in non-residential sorting
districts wnach ire located witnin the "controlled irea"
along Interstate Highway 35 (and 352 and 3.W) requ.•3ted
by the foregoing federal or state laws or regulations,
may, if not prohibited thereby, be constructe3 to a
maxictim neic,.it of 60 feet and a maximum effective area
of 672 square feet, The Building Official may require,
prior to issuance of a permit for such eight a certifi-
cate from a licensed engineer certifying that the
proposed sign is so dosigned to be in compliance with
the wind or otter design requirements of the Uniform
Building code.
(o) ALL sign permits issued by the Building Official pursuant
to this article shall contain a notice advisinq the
)'AO2 16
Y ~ r,
r
permittee that signs located along the interstate o:
primary system of nighways may be rejulated by federal
or suite law or regulations and a permit may be required
from another governmental agency,
1. Clearance from Electrical Lines, Signs shalt be located a
minimum distances of six feet measured norisontally and twelve feet
ineasucea vettlcally from overhead electrical conductors which are
energized in excess of 750 volts. The tern "overhead conductors"
as used nerein means any oXactclcal conductor, either base or
insulated, inewalled above the ground,
5. Temporary and Political signs.
(a) Temporery real estate sales and development, temporary
political, occasional sales and other special use signs
which are used for, or relate to, a particular purpose
or event shall be removed by the ovnec of the premise on
which they are located after ten (10) days of the date
of the accomplishment of the purpose for which they are
used or the occurcencs of the event to which they refer
or relate.
(u) In the case of temporary political sign,, the candidate
to wnich a sign refers, if not placed on a premise by
the owner of the premise thereof, shall be responsible
for the removal for such signs within the time specified
above.
(c) Stake or portable signs, which relate to a candidate or
issue to be voted upon by a political party or at e
public election and are 32 square feet or leas in
effective aces, may be erected without limit rs to
numbed provided, that Such signs comply with all other
applicable requirements of this article.
6, sign Hainte►,ance. All signs and supporting structures chall
to kept in good repair, condition and appearance. All faces, bolts,
supporting frames and fastenings shall as free from deterioration,
insect or rodent Infestation, rot or loosening. Painted signs which
are faded of obscured because of weather of time shall be repainted
or redone of painted over so as to be neat ir. appearance.
7. Identification of Siang, Every off-preniae sign shall be
plainly marked at all times, in a location to as to be conspicuous
and easily identifiable, with the current name, address and tele-
phone number of the owner or lessee Of the sign,
N. NONCONFORMING SIGNS
1. ADplicabllLtY, Tne provilionS of this article, defining and
regulatin, nonconforming signs, shall control over any otne. con-
PAGE 17
-
.~~.r.mmosrA~
q 7
I
flitting provision of Appendix 8-Zoning of the Code of Ordinances.
2. Defined. A .iqn, including its supporting structure, shall
be considered nonconforming wnen it does not conform to all or part
of the pr-visions of this article applicable thereto, is not a
stake sign, ands
(a) was in exis-tnce and lawfully located and used on the
effective d.., of this articles or
(b) was in existence and lawfully located and used In
accordance with the provisions of the pcoc ordinance
applicable thereto, or which was considered legally
nonconforming thereunder, and as since oeen in
continuous or regular uses or
(c) twas in he time xit twas e#annexed located$ and City on the premises at
since been in regular and continuous use.
3. Registration Rt. uq ired. Within one nuhdred and eighty days
(180) of the effective date of this activi:, every owner of a
nonconforming sign shall fil~i with the Building Official, on forms
provided for that purpose, a notice that the owner has a sign whicn
qualifies as a nonconforming sign, as defined necein. Such notice
anall contain the name of t11E owner of the sign, the location,
description, type of sign, and dace of erection, and any other
information required by the Buile,1.rig official to determine if the
sign is legally nonconforming. if the Building Official is
Satisfied, based upon the information supplied, that the sign is a
lawfully nonconforming aign, he ohall approve such notice, supply
the owner with an approved copy, and file the notice as a record
with his office.
4. Presumption. Any sign which does not conform to the
regulations of this article and is not properly registered as a
legally nonconforming sign as provided for herein, shall be
presumed not ti be a legally noncor U wing signs provided, however,
that the owner of any sign that is determined not j;o comply with
the provisions of the article, may, at any time, present evidence
to the Building Official that the sign is a legally nonconforming
sign, and the building Official shill, if satisfied that the sign
PAQB 16
.
is a legally nonconforming sign ba►ed on the evidence presented,
allow the aiyn to oe registered as a legally nonconforming sign.
5. Destruction, R• air.
(a) Any nonconforming sign, including its supporting
structure, which is destroyed, damaged, dilapidated or
deteriorated, shall not be replaced, cepaired, or
renovated, in wools or in pact, if such replacement,
capair or renovation would require an expenditure of
monies in excess of sixty percent (601) of the repro-
duction cost of a new sign, including its supporting
structure, which is substantially the same or similar to
the nonconforming sign destroyed, damaged, dilapidated
or deteriorated.
(b) The Building Official may, whenever he deems necessary
to reasonably determine the applicability of the fore-
going provision, require the owner of said nonconforming
sign to submit two or more independent estimates from
established sign companies of the cost of replacing, re-
pairing or renovating, in whole or in part, the existing
nonconforming sign and two or more independent estimates
from established sign companies of the reproduction cost
of a new sign, including its Supporting structure, which
is substantially the same or similar to the nonconforming
sign fistroyed, damaged, dilapidated or deteriorated.
(c) No sign or supporting structure which is lawfully
reproduced$ repaired, or renovated as a nonconforming
siyn enall be Increased in effective area or height.
6. Relocation of Nonconforming Signs. Notwithstanding any other
provision of this article, any sign which is a legally existing non-
conforming sign hereunder may be relocated 4.1+ the same lot or tract
of land, if the sign is required to be removed from its present
location because the property upon which the sign is Located is
acquired by any governmental agency or other entity which has or
could have acquired the property through the exercise of its power
of eminent domain, such relocated sign snall be placed, insofar as
possible, as to comply with all the provisions of this article.
7. Signs Located on Nonconforming Premises. where, on the
effective date of this ordinance, a sign is located on a premise
which is a legally nonconforming use of the premise and such Olin
is used in regard thereto, the sign way be used and aair,tained
thereon, even though it would not be a permitted use, so long as
such tarsals is continually used AN a lawful noncontae,iing vas,
PAGE 19
77It E. 'i, Y7 t A ~i
,
1. SPECIAL EXCEPTIONS ALLOWED
1. Tne Board of Adjustment may grant a epec:al exception from
the provisions of tnis article for the setback or neignt of a
nonportable sign under the following circumstancesc
,,3!,
(a) VVI1bbll_i_t_y_ oostructions. When fifty percent (501) or
t e effective area of such sign as located or to
be located in accordance with the setback or heignt
requirements of this article cannot or would not of
visible from at least one ''visibility point" because of
the location of a building or structure constructed or
erected prior to the effective date of this ordinance.
For the purposes of this provision, "visibility point"
shall mean the viewing locations, at a height of six
feet above the general surface level, determined by
extending the required side yard o otck lines of the
premise on which such sign is local it to be located
so as to intersect tae curb line of the public street
fronting said premises tnen measuring from said inter-
section points along the curb line in toe direction of
the nearest side lot line of said lot for a distance of
one nundred feet. If the street fronting said premise
al',ows traffic flow in only one direction, the visi-
bility point located along the curb line in the
direction from which traffic approacnes said premise
enall be used to determine the visibility requirement
nerein. (See Appendix Illustration No. 14d.)
(o) Medical Emergency Signs, When a sign located on the
promise r an emergency medical treatment facility would
not, because of the setback or height requirements of
this article, be readily visible from adjacent public
strosts. For purposes of tnis provision, 'Emu I oncy
Medical Treatment Facility" shall mean any hosptal,
clinic or other fl ;ility where medical aid is offered to
a person or anl..al who suffers an injury or illness
wnicn requires immediate medical attention,
2. In granting special exceptions allowed herein, the Board of
Ao+ustment snap specify, uy written order, the particular setback
or th,N particular heignt that will be allowed and in doing so spell
not allaw deviation Prom the provisions of this article beyond what
is minimally necessary to remedy trio situation allowing for said
special exception,
J, NISTORIAL LANDKhU SIGNS
Tne provisions of tnii acclole snail not apply insofar as they
confict with any provision applicable to a sign designated as a
historical landmark pursuant to the provisions of article 28A of
Appendix 8-zoning of the Code of Ordinances of the City of Donton,
Taxes,
PACE 20
1
K. CONFLICTING PROVISIONS
The definitions and provisions of this article applicable to
signs shall control over any other Conflicting definition or
provision found in the Code of ordinances of the City of Denton,
Texas.
SECTION III.
Tnat the Appendix Illustrations of Appendix B-Zoning of the
Code of Ordinances of the City of Denton are nersoy amended oy
adding the following illustrations)
y
Mae 91 d
h.~i, v'.. ~ . K .my C. ~ rM ~ ti•4 A 7 ~ rn ~ Pa~; ~tlf.~ ~ J,~~ . 1 , i '~a, ~ ~ ~ r,~r
U. SIGNS
lea. Measurement of Setoajx.
ICI`
5
\ f
t}rNl
turD IiM
SIGN
I~
I
PAGX 22
♦ T' 7=, 1 . v I ?4 h y ,
Setb"x Cl.aranCE ;one
40
400
~ quoN fKt
7
~ i00
: ~a. h.
20 _
I J
~ so f '
I
WHO
20 +n 'e11
$Ireer , Curb lime
lid. Visibility point
Vl:aiitr /
poiM
• g I
leree~r
Ift,
l~rkt
\
vtr~itpi• asiM
PACE 23
,S
bEC:ION We
That the definitions of various type signs of article 12 (51)
tncougn 159.1) of Appendix B-Zoning of the Code of Ordinances of
the City of Denton ara nereoy repealed in their entirety] said
numbering to uo reserved for future use.
SECTION V.
That article l9 C of Appendix B-Zoning of the Code of Ordinances
of the City of Dorton relating to special development signs is here-
by repealed in its entirety said paragrapn C to re reserved for
future use.
SECTION VIe
That article 27 (52) of Appendix B-Zoning of trio Code of Grdi-
nances of the City of Denton defining "sign" is hereby repealed in
its enticetyi said number reserved for future use.
SECTION VII.
Tnat £:ection 5-4 of Article I of Cnapter 5 of the Code of Ordi-
nances of the City of Denton relating to penults for signs is necety
repealed in its entirety, said section number to be reserved for
future uae.
SECTION VIII.
That "I, Sign and Identification Uses" of article 7 of Appendix
B-Zoning of trio Code of Or..dinancos of the City of Denton, Texas is
repealed in its ertlrety.
SECTION IX.
Any person rno una11 erect, construct, locate, place, maintain,
keep or mako use of any sign in violation of any provlsi2na of this
ordinance or otherwise violate a proiltion of this ordinance, cc who
fails to comply tneceu:th or with any of the requirements thereof,
of of a permit issued thereunder, small be guilty of a misdemeanor
punishable by a fire not exceeding one Tnousand Dollars ($2,000.00)
Each s%icn person small be deemed guilty of a separate offense for
each and 4very day or portion thoce^f doting wnich any violatio.i of
this ordinance to co&rltted► ar oontinuod, and upon convlntion of
PAGE 24
w* ;'r 717- 1 t t,
z a ' i
any sucn violations such person snail be, punished witnin the limits
above.
SECTION X.
Tnat if any section, sabsectionr paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or cLecumstance is held invalid by any court of competent
jurisdiction, each holding shall not affect the validity of the
remaining portions of tni■ ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidit;e.
SEC IOC„ N XI.
All ordinances or parts of ordinances in force wncn the pro-
visions of this ordinance oec,Ae effective which arc inconsistent
or in conflict with the terms or provisions contained in this
ordinance are hereby repealed to the extent of any such conflict.
SECTION XII.
Tnht tnis ordinance shall become ef:ective fourteen (14) days
from the date of its passage and the City secretary is neseby
directed to cause the caption of this ordinance to be publLsnad
twice in the Denton Record-Cnronicle, the official newspa(.er of the
City of Denton, Texas, witnin ten (10) days of the date of its
passage.
PASSED AND APPROVED tris the day of IM.
RICHARD 0. STEWART# MAYOR
CITY OF D?Nf'ON, TEXAS
ATTESTi
A TT r CITY I
CITY OF DENTONo TEXAS
APPROVED AS TO LEGAL FORKI
DEBRA ADAM DRAYOVITCHr C MI A'.TGRNEY
CITY OF DENTONr TEXAS
SYI uw1
PAGE 25
1 1 C. ~ {1h`♦ ~ `
P i 9 Minutes
September 25, 1911
Page 6
Mr. Appleton left the meeting.
F. SIGN ORDINANCE.
1TAff 1EP0RT: He. Watkins said the City Council directed et-ff to write
a now, sign ordinance. He said that a series of meetings were held over
(UNAPPROVED) o Period of one and one halt years. He Said Planning and toning held
two public hesringeand forwarded a sign ordinance to the City Council
vitA a recommeadation for approval a couple of years ago. no said later
City Council discussed elements of the ordinance and made changes. He
said that the City Council questioned the parts of the ordinance dealing
with the non-conforming signs. He added that the Texas Legislature
approved legielation this year cot,cerniag nonconforming signs. He said
the legislature passed a law that requires that it a city is going to
require the termination of aoneaiforming signs than the city has to pay
the owner for those signs. He added that the physical impact of having
to pay for the sips would be substantial so the last study session with
City Council decided to revise ordinance to grandfather the existing
legal nonconforming signs. He stated that the legal department recommended
that a public hearing recommendation be roads by Planning and toning because
the last hearing vas held tow years ago and might not meet requirements.
He said that in his one page memo, there was a eumary of the major itaci
that had been changed. He said that the first two items were changed by
state law and the other items mentioned used made by City Council.
Me. Pearson asked Hr. Watkins to Summarize briefly the impact this ordinance
would have on Denton as opposed to tNe existing ordinance. Mr. Vatkins
said that the existing ordinance it nvt logical or reasonable. He said that
it doesn't answer a lot of question. boaaued the ordinance is too brief.
He said that there were no considerations tot urban design and that the
requirements are arbitrary and do not tolets to safety and health &attar@.
He added that the new ordinance was reasonable and logical and a lot easier
to administer.
Ms. track asked if the frootade between ground signs had been changed.
Mr. Watkins said that they simply reduced frontage requirements from
430 it to 100 (t which allows for more signs. Ms. Srock'asked what the
thinking was behind this change. Mr. Watkins said it was from the input
from signmakers and users. Ms. Stock asked about other two changes and
ware they lest restrictive. Mr. Watkins sold that rarliet one prohibited
oft oramise portable signs altogether and that the nev one limits four
to a busiaesi. He added that the spacing requirement between these
off premise portable slgaw vu 450 ft and it was reduced to 230 It. He
maid that along I-35, the on ground premise sign Vera increased in
maximum height and ties.
Hr. Juren stated that he via not sure why the ordinance was back at
Planning and Zoning. Mr, Watkins stated that he put it baett on the
agenda because of the concern of the 10141 department in that it
might have not been advertised according with the requirements.
iN fAVOL: Slick Smith, PD Sign Co. Owner, Stated that there wire
it
a that he did not understood. Rd maid about the flashing
k lights baing prohibited that be undetmt•)Od the problem with emergency
E vehicles but that white bulbs should be permitted. He added that
f` he dldntr understood the provision sbou^ the number of permitted
ground signs depending on site of sign. He stated that dose busi630ees
do not quality to have portable lips and that locations are coated
in other Porto of two for that% businesses. 8e added that most
businesses do not have tour potttble signs out at one time and if
they do it is only for a period of three or tour months.
Mr. Watkins stated that the reason for the prohibition of the flashing
lights was because of the oaforcAmmat problems in trying to determine
what is Sn amar9eecy light. Zia added that lights on portable 61961
(flashing or not) can be a traffic hszarA. Mr. Claiborne asked it
the lights vets okay it they Vero eonstanly Illuminated. Mr. WWI
replied yes.
Mr. Watkins Stated that es to the number of as preaiee silos thsrq could
be a maxims of the siggnma with a square toot of 73 or less and ode sign
vith a square test of 21 or sore. Mr. ItHoon asked it the 12 ^-Pd 23
equate feat related to the actual site of the sign. Mr. Watkins tapped
wee,
77,
ti Minutes
tpptjoblr 23j 1985
tdsd 1
Mr. Juren aeked if one could have all three signs on the premises. Mr.
we tkip:~' aplied yes. Hr, Watkins added that the ordinance is nos. as
restr!¢tad as cbe first draft but to better than existing ordiaaa:e.
Mt. Juren asked about the effective date. Hr. Watkins said that it would
So into effort fourteen days after it has base approved.
He. Brock asked if it could be retroactive in any way. Mr. Watki'e replied
no.
Hr. Pearson said that if it was middle of the road ordinaee in What Way did
it compare with Lubbock. Mr. Watkins said it was much leas restrictive end '
that Lubbock eliminated all portable signs. He added that Arlington ,gas '
more restrictive, it was more restrictive than Dallas or tort Worth, not
nearly as restrictive as Californts or Plorids, and of good as Addisons"
but still better than exilting ordinance.
Hr. Smith Said that the register tbat Was to be kept Ws anaari.rery and
time eonsumi118. Hr. Watkins stated that they Would need to keOW who was
there first :f it is violatiog spacing requirements.
PQBLiC HEAAINO CLOSED. '
Mr. Claiborne that City Council noedl to change wording and clarify the
issue of the on premise 218111.
Hr. Jures stated that it was disappointing to see this ordinance because
it was so watered down. He said thtt Se would vote but With reservations
because the efforts to make the ordinance more restrictive had failed.
Mr. Pearson stated that Beaumont had a very restrictive sign ordinance
and that sales had not suffered. He said that he Was disturbed that the
ordinance waa lent back with these xwdifications. Xr, Peusen moved to
Fscouxleod approval of the sign_ordinince. With. the deletion of items one
and twe, seconded by Mi.`Juren', and cst:tod'(4-1). Mr. Claiborne voted no.
17
} 7~
0923E
N0.
AN ORDINANCE ACCEPTING COMPETITIVE 6I08 AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES1
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE1 AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services i.t accordance with the procedures of
state law and City ocdinancesi and
WHEREAS, the City Manager or a de grated employee has
reviewed and recommended that the herein ~ercribed bids are the
lowest responsible bids for the materiala, equipment, supplies
or Services as shown in the 'Bid Proposals" submitted therefore
and
WHEREAS, the City Council has provided in the City Budget
for the anpropriation of funds to be used for the purchass of
the materials, equipment, Supplies or ae(vlces approved and
accepted hereinr and
WHEREAS, Section 2.36 it) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$10,000e 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 cf indoibtedness shall oe by ordinances
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the numbered items in the following numbered bids for
materials, equipment, supplies, or services, shown in the *Bid
Proposals' attached hereto, are hereby accepted and approved as
being the lowest responsible bids for such items:
BID ITEM
NUMBER NO. VENDOR Ae.OUNT
9509 All Business Essentials lio,944.97
9520 1 Basic Waste Systems, Inc. 1420600.00
9523 All Jimelco, Inc. S0,00o.0n
9524 All Reeder, Lucky Lady, 800,000 gallona
Kelsoe, Caruthers, Martin
9525 1 Bill Utter Ford 182,529.12
9525 2 Dave Krause Dodge 142,858.94
9527 All Temple, Inc. 30,275.00
9528 All Colfax Creosoting 11350057.55
SECTION If.
That by the acceptance and approval of the above numbered
Items of the submitted bids, the City aCCepts the offer of She
persons s,romitting the bids tot such items and agrees to
purchase ttie materials, equipment, supplies or services in
cccordance with the terms, specifications, standards quantities
PAGE ONE
.A. y~.F~l ! I, 1•~ ~Ir r.i • F' Y9 Anu 1 r0'Y ~k Fi ~w:.
tnd for the specified sums contained in the Sid Invitations, Bid
i1roposala, and related documents.
SECTION 11x0
That should the City and persons submitting approved and
accepted items and of the submitted bids wish to enter into a
formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto# provided that
the written contract is in accordance with the terms,
conditions, specifications, standards, quantities and specified
sums contained in the aid proposal and related bid documents
herein approved and accepted.
SECTION IV.
That by th ~ceptancs and approval of the above numbered
items of the = ted bids the City Council hereby authorizes
the expenditut funds therefor in the amount and in
accordance wit approved bids or pursuant to a written
contract made } of thereto as authorized herein.
SECTION V.
That this ordinance shall become effective immediately upon
its passage and approva'0
PASSED AND APPROVED this 15th day of October, 1955.
RICHARD 0. STEwART, MAYOR
CITY Of DENTON, TEXAS
ATTESTS
CHARLOTTE ALLEN, CITY SECRETARY
CITY OP DENTON, TEXAS
APPROVED /,S TO LEGAL row
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY Of DENTON, TEXAS '•y~,
SYt
PAGE TWO
f y t • R r :,,ri t s + 1 , . 1- A , I 7 " ~r f
DAVE: Octoberll5, i985
C111 COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID :/9509 MODULAR FURNITURE
RECOMMENDATION:. We recommend this bid be awarded to the evaluated lowest
alternate bid meeting the intent of the specifications. This
was bid by Business Essentials for the Aspect Brand and is
to be installed as per the bid drawings and specifications.
Total bid - $110,944.97.
SUMMARY: This bid was sent to several prospective vendors, some responded
with a bid and others failed to qualify. We have considered
all bids received and have evaluated all bids. The alternate
bid of Stewarts cannot be considered because they did not
enclose their bid bond.
The alternate bid of Goldsmiths is on the Rosemont pose, and
panel system rather than the panel to panel system as requested
by the specifications. Goldsmiths did not submit their proposal
on the required form so as to key anti tie each reuO red item
in the bid. Therefore, it is impossible to know tttat. they have
bid all items required to complete installation. The chairs
offered in the Global line are not of the quality that is
specified with the Hon. They also did not ask for or receive
permission to bid these chairs as a substitute or alternate.
Haworth is the next bidder to consider. They bid a:; per the
specifications, instructions and bid requirements. However,
some errors were found in the bid price and extensions which '
if corrected as per the bid specifications would increase
their bid to $122,653.04.
Office Equipment of Dallas was the high bid of $128,800.56.
We then feel that Business Essentials bid is the lowest and
most responsible bid submitted.
BACKGROUND: Tabulation Sheet
PROGRAMSSDEPARTMENT.S OR GROUPS l~ii:CTEO:
Public Works, Planning and Community Development and
General Government
FISCAL IMPACT: There is no additional impact on the General Fund.
Respect 1y ubmitt d:
Prepared by: Eck veh a
/ Acting City Manager
a John J. Marshall, C.P.M.
Title: Purchasing Agent
Approved by:
i
.Mf`-
at n rs a ,
~fitle. Purchasing Agent
BID 1 9509
BID TITLE- MODULAR PANELS 6 FURNITURE BUSINESS GOLDSMITH HAWORTh OFFICE STENARTS
ESSENTIALS FURNITURE OFFICE
OPENED 9/17/85 2:00 pm OF DALLAS SUPPLY
ACCOUNT 1
QTY. _~1TFdl~ B1P71~" _ MOO - VENDOR VENDOR y VENDOR VENDOR VENDOR VENDOR "
I_ l.aLAj c~Aygeted forl'hase III J.]9,944.97 -9k.870.72 118,277.13 128.800.56_ 98,347.24
Shipment 70 days 56 days 42 days 70 da a b0 daye__
8I13 BOND yes yes yes yes no
Aitetnste Post d Panel nu yes no no no
t
DATE: October 16, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 19520 SIDE LOADING REFUSE TRUCK
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder
meeting specification, Basic Waste Systems, Inc., in the
amount of $710300.00 per unit for two units. Total bid
award $142,600.00 with delivery in 150-180 days.
SUh11ARY: This bid is for the purchase of tow side loading refuse
trucks for use by the Residential Refuse Collection
Department. These units are replacements for existing
motor pool units.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTHENTt' OR GROUPS AFFECTED:
Solid Waste Residential Refuse Collection
FISCAL IMPACT: These units will be funded thru a third party lease/purchase
financing arrangment. The annual percentage rate is expected
to be under 9%.
Respect ily bmitt
Rick Svehla
Acting City Manager
Pre red by:
Name: om aw std
Title: Assistant, Purchasing Agent
Approved:
Name: o "n. %rsha-TT-sd.PX
Titles Purchasing Agent
.iau W y~Ll!
BID TITLE SIDE LQVjff REFUtf Lffi= BASIC ESSI ESSI
WASTE
OPENED October 3 1985 2 a.m. SYSTEMS
ACCOUNT p
M110--l-TAN DESCRIPTIO VENDOR r ygND01 VENDOR VENDOR VENDOR VENDOR E*IOOR
i 2 Side Loading Refuse Truck 71 300,00 76,271.04 13
150-180 Da 150 Days 70 Days
Truck Mf
Bod Mfg, S u Pa
Jkxm. Maxon
f
17~
rte +x :7• v' f''.)6K •4 n:4'.- cF r:. -Fn 'li ,fit, i; i.
DATE 'October 8, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 09523 TRANSFORMER REPAIR
RECOMMENDATION: Wi, recom mend this hid be awarded to the lowest bidder of
m co a in the estimated amount of $50,000.00.
SUIVARY: This bid is for the annual contract to repair electric distribution
rF-ansformers based on an as needed basis. The bid is based on three catagorles
of repair, (1) minor repair, (2) medium overhaul, and (3) major overhaul,
plus cost of oil.
BACKGROUND: Trbulation sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Electric Distribution Department
FISCAL IMPACT:
Respectf ly s bmitte
Rick Svehla
Acting City Manager
Pr ared by:
Name; m aw
T(tle:Assistant Purchasing Agent
Approved:
k
*:PasV1n8 iA gent
;ID 9523
b 4~7 O ~ W b ~
$ID TAAN5FORNER REPAIR x
SK u
W 7 vu W O jO K O O O '
OPEN 9/26/85 2100 a pFpp.~~~ M>> H H H y u O a
16 CCOUNT 1 u416x.~ aKC ;.up}o MupKp yu ~p fop
Y. VFER-1SB5CRIpfr
_ VENDOR VEN !VENDOR
I_ CATAGORT I 880 1395 1085 777 405 741 850 898
C A T A OO R T II 4005 3440 4389 5182 2155 3040 4790 3663
.3 38555 33735 30858 41131 29274 29073 37113 39894
OIL 2.25 1.85 1.50 2.20 1.75 1.90 2.00 2.30
Y
DATE: October 15, 1985
C11 f COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID #9524 GASOLINE a DIESEL
RECOMMENDATION: We recommend this bid be awarded to the low biddRr for e,rch
item. This is not a firm bid and all bids are based on the
wholesale price of each vendor at the loading rack. We, therefore,
will check each vendors prices and award to the vendor with
the lowest price for the product needed.
SUMPARY: This bid is for the delivery of gasoline and diesel to the
City of Denton to use as fuel in the vehicle;, ggenerators,
and the steam generating plant as auxiliary f:ie1. We are
unable to obtain firm prices, however, the prices are tied
to the loading terminal prices. We will get the lowest price
each week, month or whichever is the best price for the City
of Denton will deliver the product. This is a practice we have
followed for the past 12 to 15 years. This has resulted in a
substantial savings to the City over thew years.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
All City Departments with vehicles or in some way using
these petroleum products.
FISCAL IMPACT: f;ierp is no additional impact on the General Fund.
Respectf )bmitte
•
r _
Rick Svehla
Acting City Manager
Prepared by,
J. Marshall, C.P.M.
Ili: Purchasing Agent
Approved:
XV73P~101'vz 44Z
NOW\ 0hrr a Ma Rho I 10 C. P. M,
ll4flat urchasing Agent .
BID 1__._.__._ 9524
BID TITLE-- GASOLINE & DIESEL REEDER WC KY CARUTHERS KELSOE MARTIN
DIST. LADY OIL OIL CO. OIL CO. EAGLE
OPENED__ -_SeatembAr-35.,_.1115-1-D.m. CO.
ACCOUNT /
f QfY, -MI7 l~~E3CRIPt10 _ VENDOR - V~NWR_ VENDOR - -VENDOR VENDOR ._VENDORVENDOR
-L HM_ .7920 .1994 .7958 .7895 .8050
2 150M No Lead .8220 .8294 1206 8295 .8350
_1- _1Z5L1._D1ese1,___----- .7935 _ X7990 .7933 18050 .8050
4 500M Diesel Power Plant 1935 .7990 .7933 .8050 .8050
2 Day 24 _Hrs. I Day _ 1-2 Day I Day
Denton Oenion Denton DEnion
_51myer Char9e_____ _30.00 25.00 A/c
__Pumpoff Charge, 0024_ 91 _ 20.00 25.00 n/c
R
r.~a._r-._ r W~.r.~.___ r. .r.. .r...a~ • rr r_r.r w..~r.n~~
r rr...~r.rrr~
t
DATE: October 15, 1985
CITY COUNCIL REPORT
Mayor and Members of the City Council
T0:
FROM: Rick Svehla, Acting City r',6nager
SUBJECT: BID 19525 POLICE SEDANS
RECOMMENDATION: We recommend Item 1 of this bid be awarded to the lowest bidder
meeting specification of Bill Utter Ford in the amount of
$11,408.07 each for 16 units of police patrol sedans, Total
amount - $182,529.12.
We also recommend that item 2 be awarded to Dave Krause Dodge in
the amount of $10,204.21 each for 14 police C.I.D. sedans. Total
SU114ARf: amount $142,858.94. Complete bid totals =325,388.06.
This bid is for the purchase of 16 police patrol units with
police package couipment and 14 police C.I.D. units without
police package equipment. Patrol sedans are replaced every
12 mon~hs and C.I.D. sedans every 36-48 months.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Police Department and Vehicle Maintenance Motor Pool
FISCAL IMPACT: (1) 1985/86 Budget Funds Account 0100-007-0043.9104
2 Motor Pool Replacement Account 1720.004.0020-8707
3 Lease/Purchase Arrangement
Respectf bmitted:
Rick Svehla
Acting City (tanager
P red by:
ame: om U. 5na w, .
Title: Assistant Purchasing Agent
Approved.,
A`e Jo f rsha C.P.M.
es rchasing Agent
L'
BID 1 AM___
BID TITLE POLICE SEOAIiS BILL UTTER CHESTER DAVE
OPENED October 8, 1985 2 p.m.__ ~ FORD 14ORRIS KRAUSE
CHRYSLER DODGE
ACCOUNT 1 PLYMOUTH
1 QTY, ITF,pj P-FSCRIYTM _ VEND09_ VEND-- VENDOR VENDOR VENDOR VENDOR VENDOR
-L _15_..--Police-Patrol-Sed n -1-1,408, 07 JL774,11
Z _1-4__ ._-Sedan-__.-----_- _151,' 7JR2- ,20 34.21
As Required 90-120 90-120
- _ -for- Plymouth Dogo-_
Crowo Grand Fury D! lomat - - _
_ - We f ori"e -
41
DATE: October 159 1985
CITY COUNCIL REPORT
70: Mayor and Members of the City Council
FROM: Rick Sveh'ia, Acting City Manager
SUBJECT: BID 19527 STREETLIGHTS
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder
meeting specification of Temple, Inc. in the total amount of
$30,275.00.
SUIVARY: This bid is fo: the purchase of streetlights for use by the
Electric Distribvtion Department in the construction and
maintenance of the streetlighting system. These items are
repla,ament for warehouse stock and estimated to last 120
days.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:_
Streetlighting Program
FISCAL IMPACT: 1985/86 working Capital Funds 1710-004-0598-8708
ectf y bmitte
Rasp
i
Rick Svehla
Acting City Manager
Prep d by:
ame: Om Shaw* E.P.M.
Title: Assistant Purchasing Agent
Approved:
tle: John J. Marshall, C.P.M.
Purchasing AGent
BID
BID Ttrt,E___llREEILIGHIS _ NELSON CUM4INS KRIZ- PRIESTER DEALERS WESCO TEMPLE
ELECTRIC SUPPLY DAVIS SUPPLY ELECTRIC
OPENED. ~~g~g~~p,~2G 1985 -2 CO.
ACCOUNT
N QTY,. ~7'E?I DESR lpTi__M___ ;VENDOR VENDOR VENDOR VENDOR -VENDOR ~ VENDOR VENDOR
i 250 _ 100 Watt HPS Type 11 41.75 54.50 51AS3 47 ..84._-ALDO--
2 250 100 Wtt HPS_Tye II-4 58.25 59.25 _ _58.82--- 58.10 3.. 60 100 Watt PS lype V_ 9fl.Z0_- -4L&4-- - _ .45.50~_--
4 25 250 Watt HPS 480 V Type III 82.95 inj5
-___Laa1R.250.Katt____ 16.75._-_ _.19. 5_ _19.98_ 14.35.__.- a a -16A-- Jfi.80-
TQTAL BID 31797.50 349242.00 5,604.75 - .481.25 ~LBLS~_ ~.Z1r~.IID~
Denton Denton Denton Dentor, DQMton_,._ _DQDlOb____ anion
15_4D_Dayj__ L -28-Qayt_ 2L-86_Days_ 28.1AV~. _r__ -b._WaQks -
OATE:October 15, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 49528 WOOD UTILITY POLES
RECOMMENDATION: We recommend this bid be awarded to the bidder of
Colfax Creosoting in the estimated total amount of
$135,057.55.
SUHMIRY: This bid is for an estimated one y9ar supply of utility
poles. (See tabulation sheet for estimated quantities
and descriptions.) The poles are purchased as Working
Capital Warehouse Inventory in truckload quantities.
BACKGROUND: Tabulation Sheet
PRCGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Electric Distribution and Warehouse
FISCAL _IMPACT: 1985/86 Working Capital Funds /710-004-0598-8708
Respe*~y bmitt :
Rick S
vehla
Acting City Manager
Pre ed by:
Name: Tom D. Shaw, C.P.M.
Tit1e: Assistaric Purchasing Agent
Approved:
~7 n
K Ike"
• o rshall, G.P,I•
es rchasing Agent
BID N Y._ _g,52R
BID TITLE-TILLTY-POLES - PRIESTER LYLE W. XOPPERS D.L. COLFAX INT'L ESCAMBIA
SUPPLY STALLWORTN CO., INC. WILL: AMS CREOSOTING PAPER TREATING
OPENED__3ep},erdl y19AS 2 p.m,_ CO. TIMBER CO. WOOD
~ PRODUCTS
ACCOUNT
ITEH D18CRIPTION VENDOR VENDOR VENDOR VFNDOR VENDOR VENDOR VENDOR
1 160 ,_JSL_P_gle 132.42117.79 94.25 109.16 _ 95.78 _ 99.35 98.00
2 250 40/3 Pole_ 189.74 161.31 133.35 153.30 136.30 135.75 136.70
3 400 45/3 Pole 228.51 2011.04 162.10 182.90 163.63 164.45 166.95 _4 75 50/3 Pole 271.09 249.17 191.25 216645 194.20
187.70 209.55
5 _25 364__. 315.14 241.70 _ 261.44225.63 _236.85.. 258.40
Total Estimated Price 166,171.75 188,767.95 136,324.35 1519861.75 135,057.55 1359612,25 138,811.25
As Needed 10-14 Day As Needed 0-14 Day _ _7-10 Day 10 Days
.Plus r r_
S2,430r60 _
' 0843E 7~
w
NO.
A
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS 1'09 PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE.
I
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or improve-
ments in accordance with the procedures of state lax and City
ordinanes; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals and
plans and specifications therefore; and
WHEREAS Section 2.36 (f) of the Code of Ordinances requires
that the GLty council approve all expenditures of more than
$3,000, and
WHEREAS, Section 2.09 of the City Charter requires that every
act of the Couo^il providing for the expenditure of funds or for
the contracting of indebtedness shall be by ordinance; ;
NOW, THERtFORE, THE COUNCIL OF THE CI'T'Y OF DLNTON HEREBY ORDAINS:
SECTION I.
That the following competitive bids for the construction of
public works or improvements, as described in he "Bid Invita.
Lions", "Bid Proposals" or plans and specifications attached
hereto are hereby accepted and approved as being the lowest
responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1529 ~}►ovd EYeavation X250 000.Og,
9530 11lfit~eira Lfne Clearance 10.000.00
9531 _ 8raanwa►- Plaza Partleination `$11.1gs.00
I
SECTION 114
That the acceptance and approval of the above cospatititve bids
shall not constitute a contract between the Cj:y and the wort
submitting the bid for construction of such public worka or
improvements herein accepted and approved, until such person shall
comply with all requirements specified in the Notice to Bidders
Lne uding the tiso ly execution of a written contract and furnishin`t
of performance and payment bonds, after notification of the award
of the bid.
PA06 1
SECTION III.
That the City Manager is heraty authoriied to excecute all
necessary written contracts for the performance of the coostrmetion
of th•. public works or improvements in accordance with the bids
accepted and approved herein, provided that such contracts arA
made in accordance with the Notice to Bidders and Bid Proposals,
and documents relating thereto speci*ying the terms, conditions,
plans and specifications, standards, quantititea and specified
sums contained therein.
SECTION IV.
That upon acceptance and approval of the above competitive
bids and the execution of contracts for the public works and
improvementu as authorized herein, the City Council hereby
authorises the snpenditurs of funds in the manner and in the
amount as specified in such approved bids and authorised contracts
executed pursuant tk%reto.
SECTION Y.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the 15 day of October , 1985.
RICHARD U. , K
CITY OF DENTON, TEXA.s
ATTESTI
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMI
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY Of DENTON, TEXAS
BY:
PAGE 2
OWN
DATE: October 15, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID „9729 LANDFILL EXCAVATION
RECOMMEADATION: we recommend this bid be awarded to the lowest bidder, Boyd
Excavation, at the hourly rates as listed on the tabulation
sheet. This bid will be let in ;50,000.00 increments and
prices are firm thru September 1986.
is for the excavation and backfill compaction
This bid
SUNy1RY. for dump cells at the landfill. This is an ongoing project
under the direction of H.D.R. Landfill Consultants and the
local, state, and federal guidelines for landfill construction
and operation,
BACKGROUNL: Tabulation Sheet
PROGRAMS. DEPARTM FS OR GROUPS AFFECTED,-
Solid Waste Landfill Operations
FISCAL IMPACT: Landfill Bond Funds X1631-002-0803.8502 ,
Pespecty bmitte
Rick Svehla
Acting City lianagsr
Pre rred by:
NamdT~ Title: TOM O. SHAW, C.P.H.
Assistant Purchasing Agent
Approved:
I
P o n J. Marshall, C.P.M.
Purchasing Agent
BID 1 9524--
BID ctrl LANDFILL ~XCAVAT_0L- BOYf: CALVERT
EXCAVATION PAVING
` OPENED Member 260 4985_ 2 p.m.
ACCOUNT
A QTY _v_ iErl DESCRIPTION VENDOR _ VENDOR____ _ VENL'OIt ___YENUOR YENWR-___ VENDOR VENDOR
_-_HOURLY_RAIES-__--
Self-Loadiri Scraper 65.00 73.00
2. _ -Shee root Roller 65.00 _ 39.00
3, Track Loader with Scarfire/ 75.00 19.00__^ _
~!a`.~
_5. ___jiotorgr_ad_er in co action 65.00 _73.4 _
phase) 13,00
6, 4lotor rader in other hases) p/c,_ ._3.0O__
7, k;A;,ir Truck (in compaction 35.00 24.00 - - -
$_t _~d«~s'~ttL4#~e1;;;~sl ~L4__ 24.00
Tractor Plow___ _ n c
3" Fled Pump
DATE: October 8, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: SID #9530 BRUSH CLEARING FOR UTILITY EASEMENTS
RECOMMENDATION: We recommend this bid bo awarded to the lowest bidder Whitmire
Line Clearance at $20.30 per hour not to exceed $10,000.00.
i
SUIVARY: This bid is for the clearing of brush, trees and limbs from water and
sewer easements on an assigned basis. The contract will be administered by
the water and Sewer Department.
BACKGROOND: Tabulation sheet
NROG AMSt DEPARTMENTS OR GROUPS AFFECTED:
Water and Sewer Feld Services
FISCAL IMPACT: 1984/85 budget funds account M 520-008-0470-9106
Respect ly bmitt
7~
Rick Svehla
Acting City Manager
Prepw J by:
46. aw
Title:Assistant Purchasing Agent
Approved:
Ne n . ,
T e ;P ,aring Agent
BID 1 _ 9530
BID TITLE Brush Clearing Util±y Easements
OPENED 9/26/85 2r00 pm ASPLUNDH NORTHWEST TREES, WHIT MIRE
TREE SERVICE INC. LINE
620-008-0470-9106 EXPERT CO CO CLEARANC
ACCOUNT I
_11fN DESCRIPTION VENDOR VENDOR VENDOR V3ND0R VENDOR VENDOR VENDOR
1. LOT CLEARING OF EASEMENTS P/H $40.00 47.50 N/B- ?8.30 Y
s' A 1 1 E" ,fir 3' n . ts:~ ti:
4
s
DATE: October 15, 1985
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 09531 GREENWAY PLAZA WATERLINE PARTICIPATION
RECOMEMDATION: We recommend that the City of Denton Participation Greenway
Plaza Waterline in the amount of $11,786.00, which is the low
evaluated difference for the oversize construction/
Installation.
SU144"Y: This bid is for the participation of the City of Denton Utilities
with the developer to install the oversize waterline. We have
talked and met with Burke Engineering. The bid was sent out,
advertised and received by the City of Denton as per policy.
BACKGROUND: Tabulation Sheet b Evaluation
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Utilities - Water A Sewer Department
FISCAL IMPACT: There is no impact on the General Fund.
Respectf y bmitte :
Rick Svehla
Acting City Manager
Prepared by:
'Or~
.-Marsal,C. .
tie; Purchasing Agent
Approved:
e. ohm Marshall, C. .M.
tle: purchasing AGent
Bib_ 9531
BID TITLp MENWAY PLAZA MATERLINE JOE B3F CALVERT DICKERSON
PARTICIPATION BENSON CONST. CO. PAYING CONST.
OPENED 10-3-85 2 p_. m.
ACCOUNT /
QT_Y•_ i7_f11 DESCRIPTION- VENDOR VENDOR- VENDOR VENDOR VENDOR VENDOR VENDOR
AreenwaX-Ll z--_A t.~ 1 ,83-.00 .544,52 .0 771536.70 71 380.06
_2_ _G enway_Plaza Base W1 ^ 45 094.60 42,743.00 61 532.70 59 065.50
_ Participation Difference 211743.40 111786.00 16,004.00 12,314.50
1
BID 953 S.F. CONSTRICTION DICKERSON C NSTRUCTION
BID TITLE _GREFN4i"~AtA PARTiC1PATION CO. CO., INC.
OPPNED~ (~ttob2r 3: 1985 2 D.1tt.
ACCOUNT /r 12" 8w 12"
VENDOR
VENDOR VENDOR
VENDOR VENDOR _ VE_ VENDOR
I7'E!f DFS_ _GRIPTIQN
QTY,
- 25,172. 32,364. 429253. 440445. _
1 _
2 610. 3 335. 2 175. 2j465.
1.620. - 3,330. 1$50. 1,620. -
7,830. 8,100. 79200._ 8,000.
4,011. 3,437. 6,800.
5 _
10000. 19000. 600. 600.
500. 500. 950. 950.
0. 0. 1,100;- - 1,500.
- _ -Y -
---42743. 54,529. _ 59,065.50 71,380.
Total
_ -
129314.50
Difference
- This is an valuation o the two to est bids.
a•
Y t A C
Og42t;
~c
NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES 1A ACCOR-
DANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE SIDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, state law requires that certain contracts requiring
an expenditure or payment by the City in an amount exceeding $5,000
be by competitive bids, except in the case of public calamity
where it becomes necessary to act at once to appropriate money to
relieve the necessity of the citisena, or to preserve the property
of the city, or it is necessary to protect the public health of the
citizens of the city, or in case of unforeseen damage to public
property, machinery or equipment; and
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, :action 2.09 of the City Charter requires that every
acc of the council providing for the expenditure of funds or for
the contracting of indebtedness shall be by ordinance;
NOW, THEREFORE, TILL COLr3rIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION
That the city Council hereby determines that there is a public
calamity that stakes 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 unforaeen damage to public
property, machinery or equipment, and by reason thereof, the
following emergency purchases of materials, equipment, supplies or
services, as described in the "Purchase Orders' attached hereto,
are hereby appraved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
70133 AMERICAN MANAGEMENT SYSTEMS, INC. $31,500.00
r
PAGE 1
'`stE .x ,K. i
S-7 P
y
Y
r
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 attsched Purchase Orders
and to make payment therefore in the amounts therein stated, such
emergency purchases being in accordance vith the provisions of
state law exempting such purchases by the City frog the require-
ments of competitive bids.
SECTION III.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the iS day of Oetober 1985.
CITY OF DENTONs TEXAS
ATTEST:
CRXK=E ALLEN CITY 3ECFETW
CITY OF DENTONs,TEXAS
APPROVED AS TO LEGAL MM :
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
I
i
PACE 2
MATE; October 18, 1965
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: PURCHASE ORDER /10133 AMERICAN MANAGEMENT SYSTEMS, Inc.
RECOMMOATION: We recommend this emergency one source item on this purchase
order for maintenance on LGFS Software for the Data Processing
Department, be approved for one year at $31,500.00.
SUMMY: This amount includes all the update of the software and any
new portions or additions. This is maintenance that has been
continued and approved each year since we put the LGFS in
service on our IBM computer. This is software designed for and
used by governmental entities, and covers several facets of the
gnvernmental records.
BACKGROUND: Purchase Order Copy
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Data Processing, Accounting, Customer Service, Purchasing,
Materials Management, Library, etc.
FISCAL IMPACT: Buuqet Account #100-003-0017-8521
There is no additional impact on the General Fund.
Respzct ly bmitte :
7,. V-,.e.L.A
Rick Svehla
Acting City (tanager
repared by:
01*1
26~
J n 4d. Marshall, C.P.M.
T urchasing Agent
Approved:
h Marshall, C.P.M.
tle~ Purchasing Agent
W, Ar
.r} v raP a ` ^r ' C x`x w~ 1T~ A•F ~ P rr s'" ` i,
"CITY OF DENbN,V TEXAS
901•B TEXAS STREET PURCHASE ORDER DENTfW,'TX 76201
DOCUMENT TY(
P. 0. HUMBER DATE6~~f~JgS~J~J(~. sit
7013
pppp AME42000 HHrr QQ..
AMMPAN MANAGEMENT SYSTEM.I CITY Sw 1)IENToN.
1777 NORTH KENT 3T DATA PROCESSING
/RLINGTON9 VA 22209 324-0 BAST MCKINNEY STo
DENTONo TX 76201
I
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION 810 NO. LINE AMOUN'
01 100 003 0017 8521 1 YEAR MAINTENANCE CONTRACT AMS 31050000C
02 100 003 LP017 8521 FOR LGFS SYSTEM
The City of Denton, Tessa is tax exempt • House Bill No. 20. TOTAL FOR P.Oo 31 .500.00
Reference P.O.Number on all B/L, Shipments and Invoices.
Shipments are F. 0. B. City of 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. McKinney St., Denton, TX 76201 Tom D. Shaw, C. P. 4. Asst, Purchasing Agent
(or as Indicated on purchase Order) 817/566.8311 D/Fw Metro 267.0042
The City of Denton is an equal opportunity employer
.jJ 111', Yr -X. ( 'i s.^ ~ • ~r -:x
1 SVi .:F t Y , {ii
DATE: 10/15/85
CITY COUNCIL REPORT FOR2M1 ~01
T0: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING APPROXIMATELY
309.94 ACRES LOCATED NORTH AND SOUTH OF FM 426, EAST AND WEST OF
TRINITY ROAD. AND SOUTH OF HIGHWAY 38CS (A- 3)
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
SUMMARY:
This petition for voluntary annexation represents further evidence
of land sale activity and potential development in the east and
northeast region of Denton's extraterritorial jurisdiction. The
subject property is located within the boundar;ea of a 2,000. sore
area extending as far east as Lake Lewisville, which has been
targeted as a possible comprehensive annexation at the City of
Denton's initiation.
This is final action and a zoning concept plan has been submitted
for staff rovf-Dw.
BACKGROUND:
All of the parcels in this request adjoin or abut at some point a
470 sore stretch of land annexed in 1984 to accommodate u planned
500 unit residential development originally proposed by Mr. R. 0.
McDonnell and to control future development.
PROGRAM, DEPARTMENTS OR GROUPS AFFECTED:
No existing housing or population is located within the area
proposed for annexation.
FISCAL IMPACT: _
Undetermined
Respectfully submitted:
Prepared y~ Rick gvtn
Acting City Manager
David Ellison
Senio Planner
Approv
Jeff Meyer
Director of Planning
and Development
1005a/1
. aq, ~ t ~ 5'e^ if'.. ' p:~}.,~ .a,, .~x ~'E"n"t,: r`_'..__fp' :1 ^a'i.. TYA
IL
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS A201 ADJACEVT TO
THE CITY OF DE!NTONs TEXAS; BEING ALL THAT WT TRACT OR PARCEL OF
LAND CONSISTING OF APPROXIMATELY 304.94 ACRE OF LAND LYING F.ND
BEIIIG SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND 591.40
PAR1 OF THE W, DURHAM SURVEY, ABSTRACT NUMBER 330 AND K. FORREST
SURVEY, ABSTRACT NO. 417, DENTON COUNTY TEXAS; CLASSIFYING TJE
SAME AS AGRIQLTURAL 'AA VITRICT PRUERTY; AND' DECLARING AN
EFFECTIVE DATE.
WHERIV. , the request for annexation was introduced at a
regular westing of the City Council of the City of Denton, Texas,
on the pistttion of Miller of Texas; and
WHI,REAS, an opportunity war afforded, at a public hearingg held
for etat purpose on the day of v vs , 1985 in the
CouncJI Chambers for all_1nEerestid persons to state their views
and present evidence bearing upon the annexation provided by this
4r ordinance; and
WHEREAS, an opportunity was afforded, at a public hearin 'held
for that purpose on the Ac u' dpy of A u! v s t- . 1983 !n the
Council Chambers for all nzereseed persons to aMo their views
and present evidence bearing upon the annexation provided by' this
ordinance; and
WHEREAS, this ordinance has been putltshed in full at mast
one time in the official n.awspaper of the City of Denton, Texas,
prior to its effective date, and after the public hearings;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
M That the hereinafter described tract of land be, and the same
is hereby annexed to the C"I of Denton, Texas, and the same ii
made hereby a part of said Cty and the land and the present ann
future inhabitaata thereof shall be entitled to all the rigats and
privileges of other citizens of said City and shell be bound by
f the aces and ordinances of said City now in effect or which may
hereafter be enacted and the prop±rty situated therein shall be
subject ti and shall bear its proratt part of :he taxes levied by
the City, The tract of land hereby annexed is described as
follows, to-wits
TRACT 1: All that certain tract or parctl of lanJ lying and beingg
• uate In the County of Denton, State of Texas, being a part of
the W. Durham Survey, Abstract Number 330 and more particularly
Aeseribed as follows;
BEOINNINO at a point in the, present city limits as described bn
Ordinance "fo. 84.98, said point also beinJ tha Northwest corner of
said survey;
THENCE South 850 $5' 4,,'' East, aloa` said city LL%itl, same
being the North boundar~~rr line of said survey, a distance of
1,363.36 feet to R point [Or a corner,
THENCE South a distance of 130.26 feet to a point for a corner;
THENCE East a distence of 15.0 feet to o point for a corner,$
A-23/PA0E ONE
THEME Couth a distance of 1,860.0 feet to a point for a corner;
THENCE South 240 01' 06" Vest a distance of 274.05 feet to a
point for a corner;
THENCE South 400 25' 00" Vest a distance of 220.14 feet to a
point for a corner in tha Northeast right-of-way line of FM 426,
THENCE South 430 02' 02" Nest a distance of 100.13 feet to a
point for a corner in the Southwest right-of-way line of FN 426;
THENCE South 00 29' 31" East a distance of 1,472.35 feet to a
point for a corner;
THENCE North 890 23' 15" Vest a d;st±:aco of 1,111.01 feet -to a
point for a corner;
THENCE North 10 30' 37" East 'a distance of 2,340.84 feet to a
point for a corner in the Southwest right-of-way line of FM 426;
THENCE North 150 19' 02" Nest crossing FM 426 a distance of
137.12 feet to a point for a corner in the Northeast right-of-way
line of FM 426 and in the Neat boundary line of said survey;
THENCE North 00 45' 09" East along said survey line a distance
of 1,566.44 feet to the place of begidniLsg and containing 115.12
acres of land more or lees.
TKACT 2: All that certaii tract or parcel of land lying and being
sTiuatR,d in the C-unty of Denton, State of "exess being a part of
the ll. Forrest Survey, Abstract Number 417 and more particularly
described as follovsl ou p gg
SthN 0 81 a40't 661n East,t 500 rfeett from this Nort~ waste eorneryiof
Lot 2, Block f of the subdivision of the H. Forrest Surveyq, said
point also being an irner all corner of the tract described in
Ordinance Number 84.98.
THENCE South 810 40' 46" East, along sold city halts, and the
North boundary line of said Lot 2, a distance o! 921.28 feet to a
point for a corner;
THENCE North 20 01' 19" East, along said sty limits, a distance
of 335665 feet to a point for a corner;
THENCE North 10 26' 22" East, along said city limits, a distance
of 58465 feet to a point for a corner;
THENCE north 20 401 39" east, along said city limits, a distance
of 264.28 feet to a point for a corner;
THE. ;E South 840 48' 42" teat "atance of 40.24 feat to a
point for a corner;
THENC;i South 50 18' 14" Nest a i.e of 241.94 feet to a
point for a corner;
THENCE south 810 25' 10" East a distance of 182.11 fwAt to a
point fat a corner in the boundary line of a tract convsysd the
U. S. Government;
THENCE South 00 33' 01" Vast'$ a164r said line, a distance of
409.31 feet to a U.S Corps of EnStoters scoumant (No. Q-309.11)
tot a corner;
A-23/?AGE TWO
THENCE South 60 17' 32" East, along said line, a distance of
792.72 East to a U.S. Corer of Engineers monument (No. Q-308-W)
for a corner;
THENCE South 30 28' 02" Heat, along said line, a distance of
576.21 feat to a Corps of Engineers monument (No. Q-307-W) for a
corner;
THENCE North 550 02' 53" West, along said line, a distar^s of
437.4 feet to a Corps of Engineers monument (No. Q-306-W) for a
corner;
THENCE North 500 0' 06" west, alool said line, a distance of
308.65 feet to a Corps of Engineers monument (No. Q-3G5-W) for a
corner;
THENCE North 540 16' 46" West, along said line, a distanci of
442.83 feet to a Corps of Engineers sonumenL (No. Q-304-W) for a
corner;
f THMIE North 350 50' 0" West, along said line, a distance of
432.47 feet to a point for a corner in the said present city
liaics;
THENCE North 20 1.9' 14" East, along said city limits, a distance
of 352.66 feet to a place of beginning and cortaining 27.84 acres.
TRACT s All that certain tract or parcel of land lying and being
s ua • in the Countv o` Denton, State of Texas, being a part of
the H. Forrest Sun :y, Abstract Number 417 and more particularly
described as follows;
BEGINNING at a point in the present city limits as describer: in
Ordinance No. 84.98, said point also being the Northwest corner of
Lot 10 Block r of the subdivision of said survey;
THENCE South 870 14' 58" East, slonj said city limits and the
North boundary line of said Lot 1, a distance of 1,418.5 feet tb a
point for a corner, same being the Northeast corner of said Lot
and the Northwest corner of Lot 2, Block F;
THENCE South 30 06' 57" West, along said city liatts and the
East boundary line of Lot I and the West boundary line of Lot 4, a
distance of 1,777.1 feet to a point for a corner;
THENCE North 860 23' 03" West, along said city limits, a
distance of 737.94 fast to a point fer a corner;
THENCE North 160 50' 50" East a distance of 146.41 feet to a
point for a corner;
THENCE North 820 33' 40" Hest a distance of 707.37 feet to a
point for a corner in tt.e West boundary line of said Lot 1;
THENCE North 20 45' 06" East, along the Hest boundary line of
said Lot 1, a distance of 561.45 teat to a point for a corner;
THENCE South 860 10' 37" Fast a distance of 194.01 feet to a
point for a corner;,
THENCE North 480 27' $8" East a dirtance of 28.64 toot to a
point for a Corner;
A-23/PAGE TM9
Sp c- w qC v t y' ~1~ r a
8 tM f r . .H y. t i L t9 'V ♦1j .M 'l p } 177 {
THENCE North 90 13' 56" Vest a distance of 12.59 feet to a point
for a corner;
THENCE North 390 15' 29" Vast a distance of 81.11 feet to a
point for a corner;
THENCE North 750 04' 19" Vast a distance of 144.36 fast to a
point fora corner in the Vest boundary line of said Lot 1;
THENCE North 20 45' 06" East along the Best boundary line of
said Lot to a distance of 872.11 feet to the place of beginning
and containing 53.94 acres of land more or less.
TRACT 4: All that certain tract or parcel of land lying and being
s ti ue':ed in the County of Oanton, State of Texas, and being part
of the M. Forrest Survey, Abstract 417 and core particularly
descrited as follows;
Tract A SEGMING at a point in the present city limits as
od scribed in Ordinance 84-981 said point lying in the Norrh
r boundary line, $00 feet Vast of the Northeast corner of Lot 12,
Block At of the subdivision of said survey;
THENCE South .along said City limits, a distance of 2,030.86 feet
to a point for a corner in the South boundary line of said Lot 12;
THENCZ North 89042104" West, along said South boundary line and
along the North boundary line of an Esst and Hest road, known as
31agg Road, a distance of 400.79 fast to a point for a corner;
THENCE North 27005146" East, a distance of 471.01 feet to a
point for a corner;
THENCE North 6:133'45" Vent, a distance of 828.29 feet to a
point for a corner in the Heat boundary line of said Lot 12;
THENCE Borth, atoag said West boundary line a dietAnce of 10229.81
feet to the Northwest corner of skid Lot 12;
THENCE South 89052111" East, along the North boundary line of
said 1,o4 12g a distance of 944.44 feet to the place of beginning
and containing 34.22 acres of lane more or less.
Teact A BEGINNING at a point in the protect city limits as
esdr cc rr`ib d in Ordinance 84-98, said point lying in the Northeast
corner of Lot 12 an,' the Northwest corner of Lot 13, block A, of
the subdivision if said Forrest Survey;
THENCE North 89055'22" East, along the North boundary Ilea of
said Lot li, a distance of 1,368.89 fast to the Northeast corner
of said Lot Up Maid point lying in a North and South road, known
as Trinity Road;
THENCE South 0030133" Watt, along the East boundary line of said
Lot 13 assinJs(~ its Southeast corner same being the Northeast
corner of Lot V, block 89 for a total distance of 2.322.47 feet to
a point for a corner in the East boundary line of said Lot 6s
THENCE North 89006'58" Vest, along the North boundary lino of an
Cast and Hest road known as bl• g Road, a distaicce of 1,394.5 foot
to a point for a earoo r in said city limits, same being the Wrs:
boundary Ila$ of taid tat 61
A-13/1'A49 IOU&
ti ~ V 1~ r yr rr •mti~ T i;ar 'i .33N~ , ,'qn Yx" ,4'^ v dry .
N11
THENCE North 00391 East, along said lines, a distance of 266.81
feet to the Northwest corner of said Lot 6, same being the
Southwest corner of Lot 13, Block B;
THENCE North, along said lines a distance of 4,032.33 feet to the
place of beginning and containing 73.82 acres of land, more or
less.
SECTION II.
The above described property is hereby classified as AAggricul-
tural "A" District and shah so appear on the official zcning map
of the City of Denton, Texas, which map is hereby amended
accordingly.
SECTION III.
This ordinance shall be effective immediately upon its passage.
Introduced beiore the City Council on the 3 ~ day of Ag,nle e,
1985.
PASSED AND APPROVED by the City Council on the day of
1985.
RECHARD STEWXRTs MAYO
CITY OF DENTON, TEXAS
ATTEST:
CRMTTE ALLEN, MY 5 4
CITY OF DENTON, TEXAS
APPROVED AS TO LECAL FORM:
6EBRA ADAMI DMYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
9Y: a5°~ Q iYC~~!f ~lLf
A-230AOE FIVE
•.;:u'~
r w
PLAN OF SERVICE POR ANNEXED AREA, CITY OF DENTON, TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; a,ld
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Section 1. Pursuant to the provisions of Article 974a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service:
1. Basip, Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standa*:a.
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation,
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 4.49 of appendix A of the code of the
City of Denton, Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, Texas.
E. Refuse Collection
(1) The same regular refuse collection serv.'.ce now pro-
vided within the city will be extended to the
annexed area within one month after th( sffeati;•;,
date of annexation.
,r t
'N' 0
b i Ftix i ti
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (reps.ir of hazardous
.ilc flow, etc.)
chuckholes, measures necessary for trac
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation.
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
G. Inspection Services
(1) Any inspection services now provided by the city
(building, 3lectrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation.
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, par'&s, etc., on the effec-
tive date of annexation. The same standarda and
policies now used in the present city will, be fol-
lowed in expanding the recreational ?grogram and
facilities in the enlarged city.
K. Electric Distribution
(1) The city recommends the use of City of Dsnton for
electric power.
~ a J o .ti y~~x
Service Plan
Annexea Areas
Page three
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that i.s up-
dated yearly. The Plan is prioritized by such policy guide-
lines as:
(1) DemQnd for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities.
(2) Impact on the balanced growth policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CEP planning year the
annexation area will be judged accordingly to the same
established criteria ab all other areas of the city.
M ~
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A-23
ANNEXATION SCHEDULE
v- July 8, 1995 Submit City Council agenda item
July 9, 1985 Submit City Council agenda back-up
*July 16, 1983 City Council sets date, time and place
for public :+earing
6uly 24, 198, Notice to 1Uenton Record Chronicle
July 26, 1965 Publish notice and mailout
July 29, 1985 Submit city Council agenda item
July 30, 1985 Submit City Council agenda Lack-up
✓*August 6, 1985 City Council holds public hearing
August 7, 1985 Notice to Denton Record Chronicle
r August 9, 1985 Publish n(itice and mailout
---August 120 1985 Submit City Council agenda item
August 13, 1985 Submit City Council agenda back-up
ci*August 20, 1985 City Council holds second public hearing
✓ August 26, 1985 Submit City Council agenda item
August 271 1985 Submit City Council agenda back-up
v*Septenther 3, 1985 City Council institutes annexation
proceedings
✓ September 6, 1985 Ordinance to Denton Record Chronicle
v -,September 8, ASS Publish ordinance
i
✓ October 7, 1985 Submit City Council agenda item i
v October A, 1985 Submit City Council agenda back-up
*October 150 1985 Final action by City Council
*Denotes action by the City Council
0964g
I
P 4 Z Minutes
September 11, 1985
Page S
s
B. A-23. Petition of Fields, Edwards $ Associates, Inc,,
representing Miller of Texas, for annexation of approxi- ti
(UNAPPROVED) uiately 304,94 acres located north ar.d south of FM 426,
east and west of Trinity Road, and south of Highway 380E. i
M:. Ellison said that this was a voluntary annexation j
which involved no pupulation and was being done solely 1
so that person can become part of the City of Denton,
i
DECISION: Mr. Escue moved to recommend approval of A-23;
seconded by Mr. Claiborne, and unanimously carried (6-9).
i
s
re' tra .iTi-5 ry r Jh~ 3 %~v 'ti Y••~ 1 r`i____~.i;._„`„'
DATE: 10 15-85
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: !tick Evehla, Acting City Manager
SUBJECT. APPROVAL OF A COATRACT WITH SPAN IN THE AMOUNT
OF $340707 TO PROVIDE TRANSPORTATION SERVICES
TO A LIMITED NUMBER OF HANDICAPPED PERSONS.
RECOl~MENDAT [ON;
The Human Resources Committee recommends approval.
SUb1MARY:
SPAN requested $34,707 in funding for the HandiHop
program at the May 23, 1985 Human Resources
Committee meeting.
8 A C K G R 0 The Human Resources Committee rec,.xnmanded approval
at its meeting of May 23, 1985.
PROGRAAS, DELAR~%IENTS OR GROUPS AFFECTED.
NA
FISCAL I;11PACT:
On September 20, 1985 the City Council eporoved
the 1985-1986 Budget whin-Ai included the $34,707
for SPAN to provide the HanddiiNoop service.
RespeASe 'uE ll s~~bal' ceu;
c la
Acting City Manager
Pru aced by.
H
EIiA~et v ans
Community Development Manager
Approved:
Jeff theye:
Director n'. Planning a d
Community Development
oM Y.. r ~l~fa-1 ~,r. A r ;r ~1 7u k,i x._
Minutes
Human Resources Committee
Service Center.
May 23, 1985
Present: William Crouch, Trudy Foster, Fannie Belle Gaupp,
Betty Krepy, Donald Pickens, Irene Price, Jim
Riddlesperger and Rudy Rodriques
Absent: Karen Connor, Rudy Moreno and NorrLe Rawdon
Present from Staff: Elizabeth Evans, Community Development
Coordinator, Julia Moorer Community Jevelotiment
Coordinator and Penny Jones, Clerk
Others Present: Roberta Donsbach, Director of SPAN and erica
Lissberger, Business Manager of SPAN
I. Chairperson, Fannie Belle Gaupp, called the meeting to
,)rder at 4:05 p.m.
II Ms. Donsbach gave .a summary of Handi-Hop's financial
status and expected expenditures. She expressed a need
for additional funding based on the 1986 projections of
increased ridership. Ma. Donsbach stated that the
increase in the usage of the program would eventually
taper off, although $34,707 would be needed to fund the
agency for the 1185-1996 fiscal year, the need to amend
the requested amount of funding is based on the expected
increase in populoition and in temporary handicapped
referrals.
Mr. Riddlesperger asked what the fees charged for the
van and taxi-cab trips e:are.
Ms. Lisaherger replied that each user pays $1600 per
trip for either service.
Ms. daupp expressed the need for a consistent figure to
be used as a guideline for funding the agency,
Ms. Donsbach said the amount of increrse ;projected for
funding and the usage of services would eventually taper
off, and trot same techniques for leveling the cost
would be considered. The limitation of transportation
services to employment and for medical purposes only
could be ona technique or an increase in the fees
charged to the rider for transportation services, Ma.
Donsbact stated if there are more increases in ridership
over thi first six (6) months of the fiscal year, the
agency irould considet using these techniques to keep the
Handi-Hop program within its budgetary limits. Ms.
Donsbach also Stated that this was the City's program
and that the Human Resources Committee should provide
some guidance on how the Nandi-Hop program should handle
the increased costs.
T717
MtnutO M
fuman 'Aesources Cor*.itteo
Page 2
Mr. Pickens moved that Handi-Hoi,;receive $34,707.00 in
financial assistance from the City. Kr. Crouch seconded
it. The motion passed unanimously.
Ms. Evans asked the committee if they wanted to have ms,
Donebach report to the commitcee after the first six (6)
months of the program yea: and they agreed to include
this in the funding agreement again.
III. Ms. Gaupp then opened a %ilscussion on new business.
The Food Bank was discussedi Mr, Crouch stated that the
City's Legal Department; is reviewing the contract and
the First Methodist Church. Board has not met to
determine whether or not their organization will sponsor
the program.
The staff recommended meeting later it June to approve
the minutes of several past meetings. It was dooided
that a notice of the meeting datr would be sent in the
mall,
IV. Meeting aOjourned at 4:53 p.m.
08449
7.0 A~i ^au vb ..f 4 @k ~~~Y 1iiw y tn 1
f♦~ l"la 7r. v}
Ila71.
ho,
AN OADINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF
DENTON AND SERVICES PROGRAM FOR AGIN9 NEEDS (SPANII AUTHORIZINO
THE MAY)R TO EALCUTE THE AGREEMENTI APPROVING THE EY,PENDITURE OF
FUNDS THEREFOREI ANQ PROVIDING FOR AN EFFECTIVE DATE.
WhENIAS, the City Council has detk`rmined that It to in the
best interest of the citizens of the City to provide puoltc
tunds to Setv►ces Program for Aj,Ing Needs (SPAN), in
considerattur. of the valuable puol►c services providiny
transportation icr handicapped perejns to be turnishad 5y
Cervices Program for Aginy Needs (SPAN) to the City of Denton in
accordance with the "Funding Agruem3ne.O attached heretol and
WHEREAS, Section 2.36 It) of the Cede of Ordinances requires
tnat the city Council approve all expenditures of more than
=10,0001 and
WHEREAS, Section 2,09 of the Cnartet of the ! ty of Denton,
Texas requires that Ovary act of ';.he council providing for the
expenditure of tunas or for the contracting tot indebtsoness
onali be by ordinance) NUW, THEREFORE,
THE COUNCIL OF THE i TY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1.
That the City Co.+.CII hereby approves the 'Funding
Agreement' attached heruto, between the City of Denton and
services P-oyram for Ayiny Needs (SPAN), and authorizes the
Mayor to 4Aecute said agteeuent.
SECTION Ile
That the City Council authofitta the expenditure of funds in
the manner and amount as specified in the As,rasment,
SECTION III.
That this ordinance shalt become stfective immediately upon
itn passage and approval.
PA`+SED AND APPAUVED this the day of , 1985.
RICHARD EWA T, M '6'rN
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF UENTON, TEXAS
APPNOVtj AS TO LWAL FUHM:
DEBRA ADAMI DHAYUVITCHp CITY ATTORNEY
CITY OF UtWTUU, TEXAS
1, ,1'' t Nwl kit.
7777 77,
r
i
1
PUNDINQ AGREEMENT
THE STATE UP TEXAS S
CUUNTY Of DENTUN KNOW ALL MIN BY THESE PRESENTS:
This Agreewe:.t is hereby entered into by and between the City
of Lenten, Texas, a Horse Rule Municipal Corporation, (nersinafter
thfertso to as City) and Services Program for Aging heeds (herein-
after tetetted to as SPAN). In order to provide transpurtatlon
services to a limited numbet of handtcapped persons on a trial
basis, the parties hereto agree as follows:
1. SPAN shall provido transportation services within the city
limits to those handicapped persons under sixty (60) years of aye
selected +y the City'r Denton Human Resources Committee. ?piica-
tiuns to receive such transportation services shall be saomitteo
by the applicants to the City on forms aperoved by the City. The
applicants selected to receive the transportation seevicea shall
be determined by the City's Denton Human Resources Committee on
Transportation in consultation wilt, the Director of SPAN. Appli-
cants in need of transportation for rmployaent purposes shalt be
given priority consideration over applicanta needing transportaticn
for mjaical .appointments, banking, shoppiny or social purposes.
1. SPAN may contract with other persons or companies to provide
the seriicss specified herein during tires when SPAN dbea not
operate. Transportation services provided by such subcontracts
shall oe in accordance with the terms and conditions of this
agreement.
3. SPAN snail furnish the transportation services in accordance
with working hours and holidays estabiished by the SPAN i+oard of
DirecturA.
4. Applicants for SPAN transportation services shall provide a
statement by a physician concerning the applicant's handicap.
Such statewent shall be a (actor in considering the applicant'o
need tot transportation service.
SERVICES PRI)OAM FOR AOINU VMS (HANDINOP1-PAGE 0141
Y~n n. .
7777- yam r.~ JY,: . r yi e k yY ttar J. V •-~yV
( Vtv
v
' S. SPAN snall undertake to aeveloy a plan whereby passengers
of the transportation services 'will pay one Dollar ($1.00) for
avery one-vay trip provided to that perbon,
6. All SPJ.N recores or the cervices provided for herein snail
be open to the City at all reasonable times for inspection and
audit.
7. The City shall pay to SPAN Five Dollars ($5.00) for every
one-way trip furnished to a pasoenger and Five Dollars and Fifty
Cents (;5.50) for avery one-way trip furnished by any subcontractor
in accordance with the terms of this agreement, The City shall,
at the oeglnnLny date or this agreement and thereafter, at
intervals of three months (quarterly), pay to SPAN for the
services proviaea herein based Spun the move rates. SPAN shall
suomit monthly statements ~o the Cit)' bhowing the services
provided pursuant to this Agreement. Inv City shall not in any
case, pay more tndn than Thirty-four Thousand Seven Hundred Seven
ano 14o/l0v Dollars (;34,107,01 to SPAN for furnishing the
services provided for herein. Within thirty days of the
termination of this Agreement, SPAN snap retetn any funds
previously paid to Smi wni,:h were nut used to provide
transportation services in accordance with the terms of this
Agreement.
6. At the end of nix (6) months of this Agreement SPAN shall
make a tepOrt to thO Yuman Resources Committee concerning the
at:vices so tar provided pursuant to this Agreement and the
projected soviets t,: be provided during the remainder of the
Agreement. Base,- .poi such rt4,Jrt, tnt Human kesources Committee
may determine if additiunal funding l± needed to provide continued
transportation services through the remainaer of the Agreement
term. If the Committee determines trat additional funding is
needed, it shall make its recommendations to the City Council.
BERVICES YAWRAN FOR AUINC NEEDS (HANLIHOV)-PA:t TWO
'f f d' rr ' r 4. f '6 p^: ~ .1 1`iT; r' 1 9 ti" '1n1♦ v 1 ~,~tr ~e r t~C J. y 1 r,..;~ ~ "V r 'y' 2~~
9, Commencing V1th and during the term of this agreement,
SPAN, shall at Its own expense, procure and maintain in Mull force
and effect insurdncs written by an lnsurance company sutnorizea to
do business in this state. Such insurance shall insure the City
against all liability for 1038, Injury, damage or claims caused by
or arising out of, or in connection with the services provided for
neretn# inaluding injuries to or deaths of pessengsrs or tnifu
persons and damage to or destruction of prop:rty,
Without in any way limiting the generality of th% auove, SPAN
snail keep and maintain the following types of insurance in
minimum amounts as foilowss $1001OUP bodily injury per person;
$1001000 bodily injury per occurrence; ;25,000 property ddmager
$50UP000 comprehensive liability insurance.
1U. This agreement shall be stfective on October 1, 1985 and
snail terminate on September 30, 1986.
EXLCUTED this the day of , 1985.
CITY uF DENTUN, TEXAS SERVICES PROGRAM FOR AGING NEEDS
(MANDINOP)
MAYOR DIRECTOR
ATTEST: ATTESTS
CITY bLt:xtJAhY SECRETARY
APPRUVLD AS TO LEGAL F0kMr
DEBRA ADAMI UnAYUVIrCHP CLTY 4"UtNEY
Clt'Y OF UENTOh, TEXAS
BY:
i
sERVICI;S PROGRAM FUR AGING NEEDS INANDIHOP) -4JkGE THREE
1
DATE. 1Q-15-D5
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: AP11ROVA7, OF A CONTRACT WITH SPAN IN THE AMOUNT
$ PROVIDE
INFOFr2ATIIONANDREFERRALO
AND SERVICES TO PERSONS
RECOMMENDATION. OVER SI7:TY YEARS OR OLDER.
The Human Resources Committee recommends approval.
SL INARY;
SPAN requested $27,5Q0 in funding at the May 2, 1985
Human Resources Committee meeting.
BACKGROUND;
The Human Resources Committee recommended approval
at its meeting of May 8, 1985.
PROGRAMS DCPARrIENTS OR GROUPS AFFECTED.
NA
FISCAL FR-IPACT;
On September 20, 1985 the City Council approve'
cne 1985-1986 Budget which includid the $27,500
for SPAN.
Resp0"2 tt
Rick-Svehla
Aging City Manager
Prepred by:
E+Zb t: F . van B
Community Development Manager
Approved:
Jeff ~`.eyer
Director of Plann g on
C(,mmur.i cy Develcpmf nt
r
f»n 1.:: _ .r' 4 C.%. `.t i %s xa •}~~"M1"ay ~~_r ; ~ i ~ si.:. ~-'_,y'^~.
i
Mit~utee
Human Re,souccis Committee
Page 2
Ma. Foster asked who was responsible foe the screening
of the cecipieate.
Me. Cochran said himself 'and tLat he required a social
security card, or drivers license as prcof of the
re_eone identity.
Ms. Foster asked how the people know when the
commodities are availshle.
Mr. Cochran said the advertisements are in the notepad
and circulated b;• word of mo:±th. The distribution
occurs on the second Tuesday of each month.
Mc. Crouch asked if there were any deadlines.
Mc. Cochran said there were two: 1) concerning the City
because the Argyle pacticipantb and Mr. Hensley want to
and the sponsorship, and (2) beeluse the program could
run out or aid in September. He also added there was a
'shomebound program," where a NTSU student 3elivers food
to those unable to get out to the Civic Center. The
hours for disteibution ace 9:30 - 6:00 p.m.
Me. Keeps asked why the Argyle sponsor wanted out.
Mr. Cochran said they felt they should only work in the
areas they lived in and that the Denton program shoul3
be sponsored by Dentonites. Me. Qa.upp requested that
the staff review the Food Banks contract with the City's
Legal Department.
Mr. 314dlesperger suggested that the Committee
investigate the pussibilitios of a stable sponsor for
the program.
Me. aaupp thanked Mr. Cochran for inquiring to the City
for funds. She also requested that the staff send Mr.
Cochran a letter of support for the program stating that
the City could not sponsor tha program, yet thoy would
find someone to sponsor the program.
Me. Oaupp moved that the request by Me. Cochran be
explored with RSVP and if no arrangements could ba made,
the Committee would go to the Salvation Army or the
community churches for a sponsor. Seconded by trene
Price. Motion passed mnanimoualy.
111. SPAN was discussed, The organization requested
$27,500. The 10% increase is for continued support of
SPAN's program of services through transportation,
nutrition and social service coordination foe the
elderly in the City of Denton,
Minutes
Human Bosources Committee
Page 3
L !L Willialk Crouch moved that the agency receive $27,500,
seconded by Trudy Poster. Notion passed unanimously.
Handi-Hop was discussed. SPAN requested 626,400. The
101 increase over last years request, is to defray
increasing costs because of increased demand for these
services.
I Me. Connor gave a report on other cities secvipes
f similar to Handi-Hop's and the fees the cities charged.
The Committee tegaested that the ridership of Nandi-Hop
be surveyed to better identify the users cbility to pay
an increase for services.
me. aaupp queotioned the requested amount for Handi-Hop
by saying that they were requesting less than last, year.
The Committee asked the staff to contact Ms. Donsbach
and verify the accuracy of SPAR's request.
William Crouch moved that the agency receive 624,600,
unless they ueeded more funds, seconded by Trudy
Foster. Motion passed unanimously.
Me, aaupp requested that th. staff c6mpose a survey and
let the Committee members approve it before circulation
to the agency.
Mr. Crouch requested that the report on other cities
program fees to presented with Handi-Hnp', recommen-
dation to the City Council.
Fred Moore Child Care was discussed, The agency
requested 622,000. The 221 increase over last year's
request, is to obtain the needed financial support so
that the agency may continue to provide services to the
residents of the city. The amount of federal and state
funding has been cut by 18.631 and the agency feels the
funding will be further reduced in 1985-1986. The
members wets also informed that the agency received a
65,000 donation for than continvition of the toddler
room, which was planned to close because of lack of
funds.
Donald Pickens moved that the agency receive 622,000,
seconded by Betty Kceps. Motion passed unanimously.
Big Bcpthere and big Sisters was discussed. U's
requested $6,000, a -351 decrease from the 1984 request,
it needed for half of a Staff members salary. The new
~~pi4 1 t ~ '1a-.~ 7ls .~z ~y .~v,r ,pF.' Lr.. *~ti ~
1212G
N0.
AN t'OINANCE AVPRUVINO A FUN%INO AGREEMf4T BETWEEN THE CITY OF
DENTON AND SERVICES PROGRAM FUR AGING CEEDSI AUTHORIZING THE
MAYOR TO EXECUTE THE ACAEEMENTI APPROVING TH EXPENDITURE OF
FUNDS THERh'FORE1 AhD PROVIDING FOR AN M ECTIVE DATE,
ti,HrAEAS# the City Council has eete(nined `hat it to in th9
best interest of the citizens of the City to provide public
funds to Services Program for Aging Needs, In consid•:ation of
the valuable public 3e(Vice6 to be furnished by Sssvices Program
for Aging Needs to the City of Denton in accordance with the
'Funding Agreement' attached hereto, and
WHEREAS, Section 206 If) of the Cooe of Urdirdn.bs requires
that the City Council approve all expenditures of more than
=10,0001 and
WHEREAS, Section 2.09 of the Charter of thb City of Denton,
Texas requires that every act of the Council, providing for the
expenditure of funds or for the contracting for indebtedness
snail be by oroinancel NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DLNTON, TEXAS HEREBY ORDAINSr
SECTION I,
That the City Council hereby approves the 'funainq
Agreement' attached haretos between the City of Denton and
Services Program for Aging Needs (SPAN), and authorizes the
Mayor to execute said agteement,
SECTION It.
That the City Council authorizes the expenditure of funds in
the manner end amount as specified in the Agreement.
SECTION I_I
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPPUVED this the day of , 1965.
HICaAIlO7.. aTEWART, MAYOR
CIT'. l': IPCNTON# TEXAS
ATTEST:
CHARLOTTE ALLEN$ CITY SECRETARY
CITY OF UENTUNO TEXAS
APPROVEU AS TO LEUAL YOM
DEBRA ADAMI DRAVOVITCHt CITY ATTORNEY
^VIIY/nO~f ~,DE~-NTONi TEXAS
BYr La '7150.1
rc7_71771.7 -7-
77 M,
1232E
FUNDING ACKE0,E:12
THE STATE OF TEAS S
NNON ALL KEN BY THLSE PRESENTS:
COUNTY OF DENTON
This Agreement '.s nereby entered into oy and l~.tween the
City of Denton, Tekai, A Hun* Rule Municipal Corpotation,
(hereinafter re149red to as City) and Servicts Program for Aging
NoeCs (hereinafter refetrea to as Agency)t
WHEHEAS, the City's Human Raaources Committee (HHS) naa
reviewed the services of the Agency and has determined th+it the
Agency pertormd an impcstent human service for the residents of
Denton wittiuut regard to race, religion, aye or national
origin, and therefore HRC recumm-mds funding the Agencyr and
WHEREAS, the City hen determined tnit the Agency merits
assistance ano Las provided for Twenty-seven Thousand five
Hunured and N01100 Dollars ($27,500.00) in its ouaguti
NOW, THEREFORE, the parties hereto mutually agree as follows:
1.
SCOPE OF SERVICES
The Agency shall in a satisfactory and proper manner perform
the tolluwing tASksi
A. The Agency's pu~pofe fa to help older citizens
remain independent id as fully active in the
community as they choose.
a. Provide transportation for persona sixty years old
or older.
c. Provide a hot meals program five oafs a week at
Denton Senior Center, Heritage Oaks, and Phoenix
Apartments.
D. Offer information dnd referral services for older
persons at the SPAN Central Office.
II.
TIME PERFORMANCE
The services funded by the City shall oe undertaken by ►he
Agency within the following time (tamer
Octobar 1, 1965 through September No 19061
PU14DINO AOREEMENT-SERVICES PAOoRAM FOR AoINO N2208-fAGE 0149
a w i?v" ~,il h ~r\ Ird SSW Y:+
i j+
. .e el ~~t u, i,M. F`' BSi dr t.i •v~+' .,4n 1a'M h~lnt i «
7
Of 4 r
III.
USE OF F''NDS
City funds made aVailable under this lgree,eznt shall ee
utilized by the Agency to perform the following:
A. Provide transportation for peforno sixry years or
oiuer.
is. 2roVids a hot meals Program five days a we-)k at
Denton senior Center and heritage yaks.
C. Uifer Lntorma.lon and referral services toe oldor
persona at the SPAN Central Office.
IV.
McTHOD OF PAYNRNT
ihu City agrees to make Payment to th-r agency upon AubmlB-
sion of approved requisitions In one (1) ai,otment.
It is expressly understood and agre i tnat in no event order
the terms of this contract will ti,e total compensation to be
palo hereunder exceed the maximum sum, of Twenty-Seven Thousand
Five Pundrea and N% 100 Dollars (S27p501r.J0) tir all cf the
sarvLCea eende•ed.
V.
EVALUATION
The Agency agrees to participate :n an implerientat:en and
maintenance system whereby the services can be continuously
monitored. The Agency agrees to nake available tits financial
records for review oy the City at the City's discretion. In
adaitlon, the Agency agrees to provide the City the followinj
rata and/or reports:
A. 111 exter»sl or internal audits.
e. All external or internal evaluation reports.
C. vuartarly performance reports submlttox in January,
April, July and Septsmbsr, to include the following
ctlte;la:
1. Number of one-.lay trips furnished each south.
2. Number Of meals seeved at Denton Senior Canter,
Phoenix Apartmsrts and ilstltage Oaks each month.
Humber of infofinatior, and fd:o.tal requests
nahdled quarterly.
fUHDINO AGRIEflbNT-SIRVICES PROGRAM tOR AGING 14E08-PA09 TWO
•y
.
D. Quarterly financial statements auomittod in
January, April, July, and September to include
expenses and income.
VI.
SJSPENSION OR TERMINATION
Tne City may suspeno or terminate this Agreement and
payments to the Agency, in whole or pact, for cause. Cause
shall include but not be limited to the following:
A. Agency's improper, misuse, or inept use of fonds.
8. Agency's failure to comply with tae terms and
conditions of this agreement.
C. Agency's suomission of data and/or reports that are
incorrect or incomplete 0 any material respect, or
0. It for any reason the carrying out or this agreement
is rendered impossible or infeasible.
In case of suspension, the City stall advise the Agency, in
writing, as to conditions precedent to the resumption of fundinn
anu specify a reasonable data for compliance.
In case of termination, the Agency will remit '.o the City
` any unexpendso City funds. Acceptance of these tunde shall not
con,,titute a vaivsr of any claim the City may otherwise have
arising out of this Agreement.
IN WITNESS WHER80P, the parties do heresy affix their signa-
eures and enter into this Funding Agreement as of the _ day
of , 1985.
CITY OF DENTON# TEXAS SERVICES PROGRAM FOR AGINU NEEDS
CITY mA lhuER DIRECTOR
ATTEbTt ATTEST:
CITY SECRETA Y SECZETARY
APPROVED AS TO LEGAL FORMS
DE8RA A. DRAYOVLTCH, CITY AT9URNEY
CITY OF DEN~T,}ON# TEXAS
By l / ~4 V_z1Z WLIA ,
FUNDING AGREEMENT-SERVICES PROGRAM FOR AGING NEEDS-PAGE THREE
IL I
i. alF Y@' k;' s y„9: w'1. ~ .d', a1... ,s ~ ~ :a t:.v a*.' v a
..a: Y.R
DATE: 10-I5-85
CITY COUNC I L REPORT FORMAT
TO: Mayor and WemUers of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT. APPROVAL OF A CONTRACT WITH DENTON CITY COUNTY
DAY NURSERY IN THE AMOUNT OF $11,000 TO PROVIDE
.'LOW COST DAY CARE TO LOW INCOME FAMILIES WHERE
RECO14MENDATIONPOTIJ PARENTS WORK.
The Human Resources Committee recommends approval.
SUMMARY:
Denton City County Day Nursery requested $11,000
in funding at the May 2, 1985 Human Resources
Committee meeting.
BACKGROUND:
The Human Resources Committee recommended approval
at its meeting of May 8, 1985.
PROG W SI_DEPARr~JENTS OR GROUPS AFFECTED.
NA
FISCAL IMPACT:
On September 20, 1985 the City Council approved
the 1985-1986 Budget which included the $.1,000
for the Denton City County Nursery.
V5b ttei
Respe 4hla
fck Acting City Manager
Prepared by:
Eliza eth Evans
Community Development Manager
Approve
Jeff Meyer
Director of Planning and
Community Development
l
rr •E~ ,
minutes
Human Resources Comns'ttee
Page 4
person will recruit, ecteen, match and supervise
Ct+trently unmatc=hed children. The Committee felt this
was a great organization but it is a program that shcuid
be funded by United Nay. Tho Committee felt the
orga'nization's service did not match the Committeele
guidelines as an essential City service.
Donald Pickens moved that the Big Brothers and Big
Sisters organization not receive financial assistance of
$6,000 from the city, seconded by Irene Price. Motion
passed unanimously.
Me. Keeps felt the Committee should send a letter to
Mr. Calloway stating the concern and need for she
program.
Me. Keeps moved that the staff write a letter to United
Nay encouraging them to help fund this agency. The
motion was approved unanimously.
lut ity/County was discussed. The day care requested
11,000. The 10% increase is needed for the increase in
nflation and for building maintenance.
onald Pickens moved that the agency receive $i1,0)0
rom th e City, seconded by Betty Keeps. Motion paused
nanimously.
RSVP was discussed, The agency requested $6,600. The
10% increase is needed for continuation and growth of
the organization.
Mt. Keepu moved that. RSVP receive $6,600 in financial
assistants from the City, seconded by Trudy Foster.
Motion passed unanimously.
Life Planning was discussed. The organization requested
$19,743.75 is order to start a pediatric clinic for low
to moderate income persons. The Committee felt Life
Planning should receive a letter from the Committee and
ataff stating that Plow Hospital Board should meet with
W.I.C. to discuss their joint activities. The Committee
also agreed that the questionnaire could be reviewed
again if the Flow Hospital Bo,ird members requested the
City of fund the program.
Donald t-ickens moved that Life Plinning's request be
denied until further information to presented, seoondud
by Jim Riddlespeeger, Motion passed unanimously.
IV,
1228E .
NO.
AN URDINANCE APPROVING A FUNDING AGkEEMENT BETWEEN THE CITY OF
DENTUN AND OENTON CITY-COUNTY DAY NURSERYI AUTHORIZING THE MAYOR
T'O E.-ECUTE THE AGRi:EMENTI APPROVING THE EXPENDITURE Of FUNDS
THEREFUALS AND PROVIDING FOR AN EFFECTIVE DATE.
ImHLKEAS, the City Council has determined that it is in the
beat intsreet of the citizens of the City to provide puolic
tunds to Denton City-County Day Nursery, in consiueracion of the
Valuable public services to be tucnished by Denton City-County
Day Nursery to the City Ot DentCn in accordance With the
'Funding Ayreement' attached heretoi and
WHEALAS, Section 2.56 M of the Code of Ordinances reyolres
that the City Council approve ill expenditures of more than
$10,0001 anu
WIlLPEAS, section 2.09 of the Charter it the City of Denton,
Texas requires that every act of the Cour.cil providing for -the
expenditure of funds or for the contra,:elny for indebtedness
shall be by ordinance) NOWT THEREFORE,
THE CUUNCIL O@' ThE CITY OF DENTUN, TEXAS HEREBY ORDAINS:
SErTiON I-
That the City Council hereby approves the ofunaing
Agreement' attached hereto, betdeer the City of Denton and
Denton City-County Day Nursery, and authorizes the Mayor to
execute said agreement.
SUTTON 11,
That the City Council authorizes the expenditure of funds in
the manner and anount as specified in the A4reement-
BECTION III.
That this ordinance ahall becoze effective immediately upon
itu padsaye and approval.
PASSED AND APPROVED this the day of , i9tl5.
RICHARD U. STEWARTj MAYOR
CITY OF DENTUN, TEXAS
ATTEST:
f CHARLOTTE ALLEN, CITY SECRETAR17
CITY UP DENTUN, TEXAS
APPROVED AS TO LEGAL POkMi
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY Of D,ENTOONo TEXAS
B Y t
1 ~ 28 4 ;<<•
FUNDINU A;RE":NT
THE STATE OF 'a:XAS f
KNOW ALL MEN BY THESE PRESENTS:
%'1UNTY OF DE14TUS f
This Agreement i~ hereby entered into oy and betwren the
city of Denton, Texas, a Home Rule Municipal Corporation,
(hereinafter referred to as City) and tt.: Denton City-County Uay
Nursery (hereinafter referred to at Agency)t
wNI'REAS, the City's Human Resources Committee (hRC) nas
reviewed the serviues of the Agency and ras determined that thv
Agency performs an important human service for the resiuents of
Denton Without regard to race, re.♦igion, color, aye or national
origin, and therefore HRC recommends funding the Agencyt ano
WHEREAS# the City has detcrrrined t:,at the Agency morits
assistance and has provided for Eleven Thousand and No/100
Dollars (;11,000.00) in ics budget;
NuN, THEREFORE, the parties hereto mutUaily aye a as follows:
to
SCUPS OF SERVICES
The Agency shall in a satisfactory and proper manner perform
the following tasksi
A. Tt:e Agency's purpose to to provide luw cost day care
to low income families where oott. p.rrenta work.
B. To provide two nutrationml mealu (breakfast ana
lunch) for the ehlidren,
11.
TIME PeHrORMANCE
The services funded by the city Shall be undertaken by the
Agency within the following time frame:
October 1, 1955 through September 30, 1986.
III.
USE OF FUNDS
City tunds made avalla!r1e unuer this Agreement shall be
utillted by the Agency to pe.f,)ra the foliovings
A. The tundil paid to Agency ate to be used to provide
the $cop& of'6ervlces provided for herein,
1i'.4DINO AOREEMEUT-DENTON CITY-Cr1UNTY DAY NURSERY-PACE ONE
~~eaaarf
y
IV.
METHOD OF PAYMENT
The City agrees to make payment to the Agency upon suomis-
sion of approved requisitions It one (1) lump sum payment.
It is expressly unlersl'od and agreed that in no event under
the ►.erms of this contract will the total compensation to be
pain hereunder exceed the maximum gum of Eleven Thousand and
N01100 Dollars ($11,000.00) for all Uf the services rendered,
V.
EVALUATION
The Agency agrees to panic.pate to an implementation and
maintenance system wnereby the services can be continuously
monitored. The Agency agrees to make available its financial
records for review by tltS City At the City's discretion. in
addition, the Agency agrees to pruvide the City the rolicwing
data and/or repor_st
A. All external or internal audits.
B. All external or internal evaluation reports,
C. Quarterly performance reports uubmitted in January,
April, July and September, to include the following
critertat
1. Number of children served each month.
2. Income level of families participating to program.
D. quarterly financial statements gubmittrd in January,
April, July, and September to include expenses and
tn,:ome.
VI.
SUSPENSION OR TEPHINATION
The City may suspend or terminate this Agreerent and payments
to the Agency, in whole or part, for cause, Cause shall Include
but not be limited to the fOllowingt
A. Agency's improper, misuse, or inept use of funds,
a. Agency's failure to comply with the terms ani
conditions of this agreement.
Co Agency's submiseLon of data and/or deports that are
incorrect or incomplete in any matertal respect, of
FUNDING AGREEMENT-DENTON CITY-CUUNTY DAY NURSM -PAGE Two
n
~P
.
D, It toe any reason thn carrying out of this ayreement
is rendsred ir:yassiuLo or infeasible.
In case of suspensi)n, the City shall advise the Agency, in
writing, as to conditions F_ecedent to the resumption of tunbiny
and specify a reasonable data foe compliance.
In case of termination, the Agency will trmit to the City
any unexpanded City funds, Acceptance of these funds shall not
cnnatitute a waiver of any cL:im the City may otherwise have
arising out of this Agreement,
IN WITNESS WHEREOF, the parties do hereby atfix their aigna-
turGS and enter into this Funding i:yreement as of the day
of _ , 1985.
CI'lY OF DLNTVNj TEXAS bENTON CliY-COUNTY DAY NURSERY
CITY MANAGER DlRt CTUR
ATTEST: A17EST:
CITY SECRETARY tCRE ARY
APYRUVED AS TO LEGAL FORAi
DEBRA A. DAAYOVITCHr CITY ATTORNEY
By., (illy i
,'UNDINa AGREEMENT-DENTON CITY-COUNTY DAY NURSERY-PA4P THAEE
y15
DATE to-15.95
CITY COUNCIL REPORT FOR_ NAT
TO: Mayor ;,nd members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: APPROVAL OF A CONTRACT WITH FRED MOORE CHILD CARE
CENTER IN THE AMOUNT OF $22400 TO PROVIDE DAY
CARE FOR LOW INCOME FAMILIES.
RECOMMENDATION.
The Human Resources Committee recommends approval.
SUMMARY:
Fred Moore Child Care Center requested $22,000 in
fund',ng at the April 30, 1985 Human Resourcea
Committee meeting.
BA%KGROUND:
The Human Resources Committee recommended approval
at its meeting of May 8, 1985.
PROGRXq S, DEPAR':IENTS OR GROUPS AFFECTED.
NA
FISCAL IMPACT;
On September 20, 1985 the City Council approved
the 1985-1986 Budget which included the $22,000
for Fred Moore Child Care Center.
RespQfujIl s~~GC4lr
Wok 5veT, la
Acting City Manager
Pre arPd by:
.
Abeth vans
Co tir '-.t-,y DeveloprRnt Manager
Approved,
'Jeff Meyer -
Director of Panning and
Community D6velopment
t
r
,Y' •v ar r t.
I'
Minutes
Human Resources Committee
Page 3
William Crouch moved that the agency receive $27,5001
seconded by Trudy Foster. Motion passed unanimously.
Handi-Hop was discussed. SPAN requested 526,400. The
10% increase over last year's request, is to defray
increasing costa because of increased demand for these
services.
Me. Connor gave a report on other cities services
similar to Handi-Hup'e and the fees the cities charged.
The Committee requested that the ridership of Handi-Hop
be surveyed to better idetatify the users abtlity to pay
an increase for services.
Me. Gaupp questioned the requested amount for Handi-Hop
by saying that they were requesting lase than last year.
The Committee asked the staff to contact Ms. Donsbach
and verify the accuracy of SPAN's request.
William Crouch moved that the agency receive $24,500,
unlase they needed more funds, soconded by Trudy
Foster. Motion passed unanimously.
Me. Gaupp eequested that the staff compose a survey and
let the Committee members approve it before circulation
to the agency.
Mc. Crouch requested that tha report on other cities
cogram fees be resented with Handi-
p Hope recommen_
elation to the City Council.
Fred Moore Child Care was discussed. The agency
requested $22,000. The 22♦ increase over last year's
reg"est, is to obtain the needed financial support so
that the agency may continue to provide services to the
cisidents of the city. The amount of federal and state
funding has been cut. by 18.63% and the agency feels the
funding will be further reduced in 1985-1986, The
members were also informed that the agency received a
$5,000 donation for the continuation of the toddler
room, which was plan.tod to close because of lack of
funds.
L Donald Pickens moved that the agency receive ;22400,
seconded by Betty Keeps. Motion passed unanimously.
Big Brothers and 819 Slaters was discussed. It's
requested $6,000, a -35t decrease from the 1984 request,
is needed for halt of a staff members salary. The new
~ ,r`::S 'i r:, .fir ..1.... _
1770E
No.
AN ORDINANCE APiRUVINO A FUNDING AGREEMENT aET4EEN THE CITY OF
DtNTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT) APPROVING THE EXPENDITURE OF FUNDS
THEREFORLI ANI, PaOVIDING FUR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that It ;s in the
bast interest of the citizens of the city to ;~o'►de public
runue to Feed Haute Child Care Center, In consilefdtion of the
valuable puo►lc services to be furnished by Rtad Moure Child
Care Center to the City of Denton in aCCOrdance with the
'Funding Agreement' attached hereto; and
WHEREAS, "ctton 2.76 M of the Code of (tdinances requires
that the City Council approve all expsndit+ces of mace than
$10,000: and
IvHEREAS, Section 2.09 of the ChdItar of t? a City of Denton,
Texas requires that every act of the Couic,'l p1oviding for the
expenuitu►e of funds or tot the contractirr. for indebtedness
shall oe by ordinance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON* TEXAS HEREBY ORDAINS:
SECTION I.
^ThAt the City Council hereoy approves the 'Funding
ir.r~enr attached hereto, between the City Of Denton and Fred
14000S "hild Cice Center, and authorizes the Mayor to execute
said agreement.
SECTION 0.6
That the City Council authorizes the edpenGiture of funds In
the manner and amount as specified ih the A3raoment.
SECTION III
That this ordinance shail become eftactive lmmeL.ateiy upon
its paiaage and approval.
PASSED AND APPROVED this the day of , 1985.
RICHARD 0. STEWAR'r~ MAYOR
CITY OF UENTON, TEXAS
ATTESTt
CHARLOTTE ALLEII, CITY SECR ..iii
CITY OF DENTUN, TEXAS
APPHUVtD AS TO LLGAL FORM:
DEBRA ADAAI DRAYOVITCN, CITY ATTORNEY
CITY Ue DINTOpNQ, TEXAS /j
Wt, S
„ ,y ~ i.. . "x ~r p X14'..", y v •N7.
'ySri • . ~ i f'
1230E
I
i
I
FUNDING AGREEMENT
THE STATE OF TEXAS S
CUUN'i'Y Uy DENTUN S XNOU ALL MEN BY THESE PRESENTS:
Tnis Agreement is hereby eutere into by and between the
City of Denton, Texas, a Home RalI Municipal Corporation,
(hereinafter referred to as City) and the tree Moore Chile Cara
Center (hereinafter referred to as Ayency)t
WHEREAS, the City's Human Resources Committe+ (NRC) has
reviewed the services of the Agency anal has determined that the
Agency performs an impor.ant human service for the residents of
Denton without regard to race, religion, color, age or national
origin, and therefore HRC recommends funding the Agencyt and
WHEREAS, tha City has determined that the Agency merits
assistance and has provided for Twenty•tro Thcua,4nd and No/lOU
Dollars ($22,000.00) in its budget;
NOW, THEREFORE, the parries hercco mutually agree as follows:
I I.
I
SCOPE OP SERVICES
Tne Agency shall in a satisfactory and proper Hanner perfotia
the following tasks:
A. The Agency's purpose is to provide day care for low
income families (which includes free lun^.hev, rental
care and yearly medical examinations provided by an
area volunteer).
B. To provide information and ;.Corral services.
C. To provide protective day Care for acused children.
D. To provide family self-support services.
tI.
TIME PERFORMANCE
The :etvtces funded by the City shall ba undertaken by the
Agency within the following time framer
October 1, 1985 through September )0, 1986.
FUNLING AGRCEMIINT-FREO MOORS CHILD CARE CENTIA-CAG1' ONE
y
III.
USE OF FUNDS
etty Tunas made available under t,:is ;greeaant sh111 ce
utilized by the Agency to perform the following;
A. The funds paid to Agency are to be used to provide
the acopc of services provided for her.eits.
IV.
METHOD OF PAYP:LNT
The City agrae5 to make payment to the Agency upon suomis-
sion of approved requisitions In one (1) lump sum payment.
It is expressly understood and agreeu that in no event under
the terms of this contract Will the tot,l compensation to be
paid hereunder exceed the maximum sum of Twenty-two Thousand ;no
No/100 Dollars ($22,000.00) for all of the services rendered,
V.
EVALUATICN
The Agency agreer to participate in an tmilenentation and
maintenance ayatp,. whereuy the serilices can be continuously
monitored. The Agency agrees to make available its financial
records for rr,view by the City at the City's discretion, 7n
addition, the Agency agrees to provide the City the following
data and/or reports:
A, All external or internal audits,
b, All external or internal evaluation reports.
C. quarterly performance reports submitted in Januaryo
April, July and September, to include the following
criteriat
1. Number of children servea each month.
2. W,muer of information and refwrral requests
handled quarterly.
1. Income level of families participating in proyram.
n. Ouartariy 01nancial statements submitted in January,
April, July, and September to include expenses and
income.
EUNDINO AGREEMENT-FRED MOM CHILD CARE CENTER-PAGE TWO
V1.
SUSPENSION OR TERMINATION
Thu City nay suvpend or terminate trite Agreement and
payments to the Agency, in whole or pact, for r:aase. Cause
shall inaluue bit not be limited to the followings
A. Agency's lr,j.,.aper, misuse, ur in.,. use of tunas.
is. Agency's (allure to comply with the terms ana
conultionu of t::s sgreement.
i
C. Agency's submiss.u, or aata and/or reports tnbt are
incorrect or incomplete in any materiel respect, or
D. IL toe any reason the ed rng out of this ayreer.ent
is rendered smpusnlole u; infeasiole.
In case of suspension, the cty a, all savrae the Agency, in
witting, as to conditions preceuent to the rea:r,ption or funding
and specify a reasonable data fur cortill:ance.
In case of termination, the Agency will remit to the Ctty
any unexpended City tunas. Acceptance of cn•rse funoa shall riot
constitute a waiver of any claim the City may r.t. rwi . have
arising out of this Agreement,
IN WITNESS WHEREra, the parties ro hereuy attix nelr siyna-
tures and enter into this Funding Agreement as of the say
of , 1985.
CITY OF ULWOiN, TEXAS FrEU MUURE CHILU CAkE CENTER
CITY MANAGER CIAECTUR
ATTEST: A'rT:
CITY ,C'R~T PY St,C'I~tY
APPRGVED AS TO LEGAL FORM:
DEBRA A. DRAYO ITCH, CITY ATTORNEY
BY1 `L1_y lLf J.fn Cll.
:ONDINO AGI'.EDMENT-FRED MOORE CHILD CAM CENTER-PAGE INFER
Y
DATE: to-15-85
CITY COUNCIL REPORT FORMAT
TO: Mayor and members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: APPROVAL CAF A CONTRACT WITH DENTON COUNTY FRIENDS
OF THE FAMILY IN THE AMOUNT OF $30j00U TO PROVIDE
EMERGENCY SHELTER TO WOMEN AND THEIR CHILDREN.
RgCO14MENDATION:
The Human Resources Committee recommends approval.
SUMMAR Y:
D., County Friends of the Family requested
,~ton $30,000 in funding at tha May 2, 1985 Human
Resources Committee meeting.
BACKGROUND;
The Human Resources Committee recommended approval
at its meeting of May 8, 1985.
PROGRAAS, DEPAR.-NILNTS OR GROUPS AFFECTED.
NA
FISCAL 1,+, ACT:
On September 20, 1985 the City Council approved
the 1985-1986 Budget which included the $30,000
for Dentor. County Friends of the Family.
Respec full sllbf,jytte~-,
Rick Svehla
Acting City Manager
Prep red by:
A'~.
RT3. z
Comx^unity Devolopment Manager
Approyed:
V~ -
th,
`.s.
-e
3alf Rey
Director of Planning and
Communit , Development
Minutes
H"Wan Resources Committee
Paga 5
Friends of thv Family wag alscussees 'the request of
$30400a a 20% Mceasea is needed for funding of
continual services and staff salaries because of budget
cuts from the state funds and construction of additional
shelters in other areas.
Betty Kc9ps moved that the agency receive $30a000a
secauded by Trudy Foster. Motion approved unanimously.
5:53 Donald Pickens left at this time.
IV, Me, Gaupp asked if there was any new business.
Me. Connor asked the staff if they had spoken with the
Finance Department about the budget.
Ms. Evans cepli.'. that the needs of the agencies will be
expressed to the City Council and that it cuts are
needed. The staff will notify the Committee so that
ohaugas will be made with their recommendation.
V. The meeting was adjourned at 5:56.
11938
1229G
NV.
AN ORDINANCE APPROVING A FUNDING AUREEKENT BETWEEN THE CITY OF
DENTON AND DENTUN COUNTY FRIENDS OF THE FAHILYs AUTWAIIING THE
MAYUR TO EXLCUTE THE AGREEMENT) APPROVING THE EXPENDITURE OF
FUNDS THEREFURE1 AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, tho City Council has determined that it IS In the
best interest of the citizens of the City to provide puoltc
Lunde to Denton County Friends of the Family, in consideration
of the valuable public services to be furnLIhed 'ry Denton County
Friends of the Family to the City of Denton in accordance with
the 'Funding Ar,reement" attached hereto! and
WHEREAS, section 2.36 if) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$10,000r end
WHEREAS, Section 2.09 of the Charter of the City of Denton,
Texas requires that every act of the Cdunoll providing for the
expenditure of funds or for the contracting for indebtednesc
snail be by ordinance[ NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTUN, TEXAS HEAEdY ORDAINSI
SECTION I.
That the City Council hereby approves the "Funding
Agreement' attached hareto, between the City of Denton and
Denton County Friends of the Family, and authorises the Mayor to
execute said agreement.
SECTiUN I1t
That the City Council authorizes the expenditure of funds in
the manner and amount as specified in the Agreement.
SCCTiON III.
That this ordinance shall become iffective Immediately !pcn
its gdebage and approval.
kASSLD AND APPRUVED this the Jay of , 19d5.
RICHARD 0. STEWARTo MAYOR
CITY OF VENTON, TEXAS
ATTEST&
CHARW'F'i AL EN, MY SECRET
CITY OF DENTONx TEXAS
APPRUVED AS TO LEGAL FOR141
DEBRA ADAM% DRAYOVITCHt CITY ATTORNEY
CITY Of DENTUN# TEXAS
adA,
BY i ~ha
FUNDING AGREEMENT
THE STATE OF TEXAS f
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON 5
This Agreement is hereby entered lntu ~4y and between the
City of Denton, Texas, a Home kale 111inicipal Curporation,
hereinafter referred to as 'City', and tho Denton County Friends
of the Family hereinafter referred to as 'Agency',
WHEREAS, the City's Human Resources Committee (HRC) nas
reviewed the services (f the Agency and has determined that the
Agency performs an important aervice for the residents of Denton
without regard to racer religion, color, age or national origin,
4nd kRC recommends funding the Agency, ahu
WHEREAS, the City has determined t:st the Agency merits
assistance and ties provided for Thirty Thourand and No/100
Dollars (430,000.00) in its budget for tunding the Agency,
Nuw, THEREFORE, the parties hereto mutually agree as tollows:
1.
SCOPE OF SERVICES
The Agency shall in a satisfectOfy and proper manna[ perform
the fol.,iwing tasks, for which the moneys provided oy the city
mny be used:
A. Provide emergency residential shelter to women and
their chilu:en, who are victims of fdnily violence,
B. Provide counseling, on both a residential and non-
residential oasis, to family members, to eeeist
them in dealing with the emotional and pnysical
trauma of family violence.
C. Provide counseling services to victims of rape and
their families.
L). Provide community education services concerning
rape and family violence.
II.
TIME ;ERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the following time framer
actobef 1, 1995 through September :0, 1906
FUNDING At,;REEMINT-DINTON COUNTY FRIENDS 0." TBE FAMILY••PAOt ONE
nr a,
77-
III.
METHOD OP PAYMENT
Tt,e City agrees to make payment to the Agency upon
submission of approved requisitions in one lump sum payment.
It is expressly understood and agreed that in no evont under
thei terms of this contract will the total compensation to be
paid hereunder exceed the maximum sum of Thirty Thousand and
N0110U Dollars ($30,000.00) fur all of the services renaered.
IV,
EVALUATION
The Agency agrees tc participate in an implementation and
maintenance system whareisy the services can us continuously
monitored, The Agency agrees to make avjilable its financral
records for review by the city at the C&ty's discretion. In
addition, the Agency agrees to provide the city trio following
data and/or reports:
A, All external or internal auaite.
S. All external or internal evaluation taports.
C. Quarterly performance reports sut)mtttrd in January,
April$ July and 4aptember, to includa the followinq
criteriai
1, Total number of clients served.
Z, Residential -Number of women over seventeen (11)
housed.
3. Number of children ,.nasr seventeen (17) housed.
e. Average length of stay of persons housed,
S. Disposition of case,
6. Non-Residential Family Counseling-Number of
clients.
7. Non-Residential Individual Counseling-Number of
clients,
8. ,umber of telephone tills related to family
violence.
9. Inco,re level correlated to Texas Department of
Human Resources and Health i Human Services
poverty Guidelines.
10. Number below poverty level. HuRber above poverty
level,
FUNDING AC.,CEMSNT DENTON COUNTY FRIEND'S OF THE fANILY-PAOr TWO
i
11. Number of rape cases.
12. Other appropriate information such as number of
volk!nteer hours, mayor donations, fund raising
efforts, community education programs, and new
program developments,
0. Quarterly financial Statements submitted In January,
April, July, and SeptemDer to include expenses and
Incomu.
E. An explanation of any '9410r changes in program
services.
F. An explanation of use of tunas to provide additional
services.
V.
SUSPENSION OR % MINATION
In case of suspension, the Citf shall advise the Agency, in
writing, as tt, conditions precedent to the resumption o: funding
and specify a reasonable date for complianvi.
In case of termination, the Ayency will remit to the city
any unexpended City funds. Acceptance u; tnese tunas shall not
constitute a waiver of any claim the City may otherwise have
arising out of this agreement,
IN WITNESS WHEREOF, the parties do hereby affix their
s,jnavures and enter into this Funditrl Agreement as of
the day of i, 1985.
CITY OF DENTON, TEXAS DENTON COUNTY FdIENUS OF THE F-0*LY
CITY MANAGER DIRECTOR
ATTESTt ATTEST:
CITY SECRETARY SECF1'ARY
APPRUVEU AS TU LEGAL FURMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
"M&t[
FUNDING AGRSEMENT•DBNTON COUNTY MENDS OF TUN PAMILY•PAOt TNAAE
LAW OPPICEO
MCCALL, PARKHURS'f & NORTON
MOSST N. MCCALL 900 DIAMOND SHAMROCK TOWER JONN O. MCCALL
PAUL MORTON 41U02 -101112i
PETCR M. TAN! DALLAS. TEXAS 75201.6587 M+LL.ARO PARKMURST
RICMARO C PORTER 41004-1Htt
ANOELO P OARKEA ARIA COOS SI. 74E•9501 CLARENCE ECROWE
O. CHARLES 010§01SN Uf OEdettl
iMOMAS L. P000NAASKY' TtltlO.u• E14 PSO-tCI•
KEhNCTM It. tLTE
JO,IM W RUSOTTOM
JE/PACT A, LEUSCNEL ,..r,........,,..
THOMAS N. •PUROEON I
LC SR,C20LARA, its Z
KENNUH G~~A, ARTIN A~A
rL.Ct N1LO IN Nt"TON%ON'T October 7, 1965 II~ n^ 1~ 4
O' V
FEDERAL EXPRESS Cl MAN GERS1 ffl
Charlotte Allen
City Secretary
215 E. McKinney St.
Denton, Texas 76201
Re: City of Denton Industrial Development Authority
Industrial Development Revenue Bonds (Safety-Kleen
Corp. Project) Series 1985
Dear Charlottes
Enclc ,I is a copy of the Resolution for the
Safety-Kleen Corp, project to be considered by the city
Council on Tuesday, October 15,
Please call me if you have any questions,
sincerely yours,
McCall, Parkhurst & Horton
IJ, E. (Ted) Brizzolara, III
LEBsbc
Enclosure
CERTIFICATE FOR RESOLUTION APPROVING AN AGREEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE BONDS FOR SAFETY-KLEEN CORP.
AND THE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BONDS
THE STATE OF TEXAS s
CITY OF DENTON s
We, the undersigned officers of the City Council of
said City of Denton, hereby certify as follows:
1. The City Council of the City of Denton convened in
REGULAR MEETING ON THE 15TH DAY OF OCTOBER, 19851 at the
designated meeting place, and the roll was called of the
duly constituted officers and members of said City of
Denton, to-wits
Richard 0. Stewart, Mayor Mark Chew
Linnie McAdams Charles Hopkins
Dr. A. Ray St*pnens Jim Riddlesperger
Charlotte Allen, City Secretary Joe Alford
and all of said persons were present, except the following
absenteess ,
thus constitut .sg a quorum. W ereupon, among of er us -
ness, the following was transacted at said Meetings a
written
RESOLUTION APPROVING AN AGREEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE BONDS FOR SAFETY-KLEEN CORP.
AND THE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BONDS
was duly introduced for the consideration of said City
Council and read in full. It was then duly moved and
seconded that said Resolution be adopted; and, after due
discussion, said motion, carrying with it the adoption of
sa.d Rosolution, prevailed and carried by the following
vote:
AYES: All members of said City council shown
present above voted "Aye".
NOES: None.
ABSTENTIONS: None.
2. That a true, fult, an3 correct copy of the afore-
said Resolution adopted at the Meeting described in the
above and foregoing paragraph is attached to and follows
this Certificate; that said Resolution has been duly record-
ed in said City Council's minutes of said Meetings that the
above and foregoing paragraph is a true, full, and correct
excerpt from sai4 City Council's minutes of said Meeting
pertaining to the adoption of said Resolutions that the
persons named in the above and foregoing paragraph are the
duly chosen, qualified, and acting officers and members of
said City Council as indicated therein] and that each of the
officers and members of said City Council was duly ani
sufficiently notified officially and personally, in advance,
of the time, place, and purpose of the aforesaid Meeting,
and that said Resolution would be introduced and considered
for adoption at said Meeting, and each of said officers and
members consented, in advance, to the holding of said
Meeting for such purposes and that said Meeting was open to
the public, and public notice of the time, place, and
purpose of said Meeting was given, all as required by
Vernon's Ann, Civ. Stat. Article 6252-17.
SIGNED AND SEALED the 15th day of October, 1985.
City Secretary Mayor
(SEAL)
2
'Irm 7777
tit A+,!
RESOLUTION APPROVING AN AGREEMENT BY
CI'T'Y OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE BONDS FOR SAFETY-Kz.EEN CORP.
AND THE BOND RESOLUTION PROVIDING FOR
THE ISSUANCE OF SUCH BONDS
THE STATE OF TEXAS t
CITY OF DENTON
Ih
WHEREAS, City of Denton Industrial Development
Authority was created under the auspices of the City of
Denton, Texasl and
WHEREAS, it ie deemed necessary and advisable that this
Resolution be adopted.
:HEREFOREO BE IT RESOLVED BY THE CITY COUNCIL OF
DENTON, TEXAS THM
Section 1. The "Resolution Authorizing the Issuance of
City of Denton Industrial Development Authority Industrial
Development Revenue Bonds (Safety-Kleen Corp. Project)
Series 19850 and the Execution of a Trust Indenture and a
Loan Agreement", in substantially the for-.r and substance
attached to this Resolution and made a part hereof for all
purposes, is hereby specifically approved, and the Trust
Indenture and Loan Agreement attached thereto are hereby
specifically approved, and Bonds in the principal amount of
$2,700,000 may be issued pursuant thereto for the purpose of
paying the cost of acquiring and constructing or causing to
be acquired or constructed the Project as defined and
described therein.
Section 2. The City hereby approves the issuance of
the aforesaid Bonds in the aggregate principal amount of
$2,700,000 for Safety-Kleen Corp., and further approves the
Project as described in the aforesaid Loan Agreement, and
such approvals shall be solely for the purposes of Section
103(k) of the Internal Revenue Code of 1954, as amended, and
the City shall hr-e no liabilities for the payment of the
Bonds nor shall any of its assets be pledged to the payment
of the Bonds.
Section 3. The City hereby assigns to the City of
Denton Industrial Development Authority its allocable
portion of the state private activity bond volume with
respect to the reservation request to be filed for the Bonds
by the City of Denton Industrial Development Authority.
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