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HomeMy WebLinkAbout10-15-1985 Cii~ 0~~~-long 1915 zn „ Y:rn+. w. .q rli .r r e t i "I" I 7u A' r x' n i r 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.) n 9'1' ' O k e ~ a m7 t 1' w r 't ovl'A it 1 •4- 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.) u^ L'. ro{ ~ ,Y ( ' F,',N~N 7- 7; .1 IE'li' 1 7 f l~J .i {~71Y,; M1v i+Ta)K?f 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.) Yom. t ~1 Y- r:~4 yap '~TM r n a ':r; J7 i 1 r a 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.) .i tK ~t F i1MY, ~qia ~1~ f. S i, Y~ 0 1 VY , w~ 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, f A 2p 1, 1~4 .'ti w.~s~ l ,1 y, "L ~'M I~A ` 1f 1 t ~Y~ t `1 7 7 7 1 , •d 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~ a~vrc cru, MO►OIl6 Y7ATd hu ti ,f IcO rw 0.■ pu.. MIOpost 0eSAKitK P REE DR E L,r NHxrd ,M,,,.Q ~ 1 111 Il a wiu.,)L, wb ,I„rn r ~»t . - 1U Q O r u Homo 1o watt 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 I~PJiSe~ '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 _ v,:+n11f 6x11 .~."No, cv~vqv OR status 1 II ACI 10101 11. 61601x/ pilot , tN lfl / xlx, ltl 6x1 1 l1R o11/rN 111 4.00,910 PART M 1 l/l116RIt or A Coll kill r sill 6101x1 M • rlllf At /11t111H 10 a 1410 1114 nxs R. 11011 11 r.0. 11.1. YIR4♦t tolif 11, ee MI I1IM let 00 Moore 1101 Ilfrr/U Ix Rise's 1111• hl h1, l^~/\ rife is 1. 1111 6 t t rl/r Yr it 11 tcrlrr Ire to lYG Ire 11 rL Lev J _ ]A 11.(11IN 1 rr rrl L4 41 IYp{ ~'~\\\Y~,/ Ile lox l0, xf IN, see rr l l if colors ix lot a11•1 1110 , or.. Al 01 IO1l4I TIT% 414INf At N-1.1 txI4t1 ACiro 11 Petrels it aHItIR 100 11 llr"o A$ 11.1 t1Ar. AOP MEIN A ltsrl A 016141(1 JI rn.ll rill AM 11"o reel IMlar/ Aisle 11 plCor14 47 11 A+S11 ill 1A lO Catpl IAI-f Follows. OR 111.11 riff 10 A4 Film Flo. IOIIU ,04TR 61 0111111 14 .15111 1 111 19 10.0bil MAtr A 01111011 01 Ilk 41 felt IO of We II0 111.1 9"' To 016AI.nr•1 It 110 4410 IMrrtlrHl 419010 H-fr 1A ff 116014 rot :O It /99tH 11 .rxni,j q1 e1 A1«Inf .IH I'n0c lot ,li'1111 *j:Tl IIeII II-oly if folil A1.T1 11bALI, 1i•r a 111/1141 or 11, r6 Ill( NJt INOI Or Mq • / 1x19111 x11611 I/ Iltlll1 If Rilxll\ 410 In 1r1,1116 vier IIX.e tlil Lj ~~1 tr1~ ~~1 x1110 014.1 of 14, 11 1. rltsf0pl 01110+AI H-r 1 61.16416 .1 IH,IJ 0991 19 Ise 161H OF 161ANINI Alb tnArUtlq 1.1111 1, Is. qty, L~ 6f Ins. 1 ` "l to r(t(+' I xuv txlnluu isle fn It .1M 111.1 11n1414, •P0.'~~ +I rl1 r. sp., IJ. 111, !011111, •0 x10111 61061 1611 N•r 7 , ,A . IIA I'~lAsu fat }016114 411(111!0 Hel it if 41 let I1 MITI, nn. 411 Tol /Ilst st11t Alol/let• 10 lot 111' or Pp4llP. 11111. A.I of 11F• x111.1 1/0 tills ra Tot Il/L11 MI, 0e01.tl to sports. up ( A t1 ' t 1411411 It 10900 NULOO. SVa iA. Ile. 101 i1 it l .aLOT I• It x6111 At Tf1A1 II li, ~ylf L BLaF ONF ~ Iou I It a0 YU r I I It 9 1 ff 111 I1(ptl Oliver n, TOP 416911 Nl:nr 019941 FOILIi Ir xxc I LfO, 1, Fl l ' •r q 0 ~Q v... ae.aM[ An 419 Em a 1941 161 rIr MAN T 1P6411411 x.l. L x1 1o- AI41141 IIIIOU Yana OMAN 11 1111!) tFrof I 110 1 164411, 1.r a• y`v ?1111119.1, rl1 AUP1 L I tY xl 1111 M/ 696[61/r 101 1114 ! TAI O10 ce 01 00 111111 f !1x06 IAI ISIS 11101111/ H0 n 1 1 - I + , ill Wof Niglio 1r010, 1 CInO carte •1 most, 410 II AI el 1111tO rlr/ It r 0 ".MP!'ti follow ~ Mutt leh li it sop I'I Ynror lociii 0p~ ! KUM ; 9YUrn•4'A I t I tl r l el to /w IM1'Y IMIRI off 1X111 /1.11111 , t Q AN(tl IN 0 a.T, I vn+l4 III r. 1. In M, s1.4r fo. u~ po h 1 l11sn 1 A l t 1 O r. t/dn (TlJ/l/IO,11 .~'Y' 116001 1x1 0.1641 01140• felt I 1r/11141 'Alp pill 11, 0 1. A, 11 :.r 4.01t' 9(4", 1 tAAS?6202 A , , II I I 1 11 'Om rl for nq 1a ro,f too loon r10% . 4l If I'MO/ sell 010100 roll1 AI 11HCI11 111111?Hr0 1M Ii x)4N.r . X11•, , 1!«1174(9 ' nO/1uL rs -0 lot 1r1r Poulos. «M9... :toy 41 xi++r u; t.r.E; 019.1 rfJ 1 I j (111(11x; SU Lt C I I•I/D ~j~~r1, 110 / ~ . Ir'r fRSTA7F HIGHWAy "as F RSPCA r - a«k Y+lrI.,/y HAMSAET7 G NAS►11 INC FIRST STATE ADDITION ` CRIP ♦ caitULTINo viiGiot FFS E SVRviv cki At. A9h IAN to !M4 t,tfM 919#1 p« r gut 11tf114945 of • (Q.t•J0 TICK 71A(.to1,04 roe s• of+lo«(141«1!• i.~ 196119 13 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 \t.ttre+o nfNx x rArtAwuN nag- lotifaN wu I,;.~/r KccWf ?o gwnll S a «Mww. t, Inure N L O O K A ' r LOT t LOT f .itO At. Np+p L4 61901 n eix1 J a AON[D ll{Nt ~ INDUifRIAL t 4b a++ a ~ a a a Nrrn . tD x + + a a % a a'J ~b su a " a --9 44 as 9! a a+ o + a + i M[LIY+N4H {L11 w. a + OOLM MANOI[ MIM•ttAftMOVX AM" Lot 1 AN A UOtK A I,/tt ACKti A J. 1. TAIL tu"T AQS{ Gtt MAD CMawTTOf D[NTON,MU ....ter. A ] ' -A ~~r....► MIMIf'lI'M' 3{ f +a tOtbd tiw~y41 K.MK►RDaUlt rodnON U 1 NtNM 1 WLLtoo Ow.,M~A ` ; LUN C. own 1011. t i1, Roca A fIhN 04 ►AWILIN A A.VOCLt IK . a ` ` nr,.~r.nnww `1 ~m.ar.an.sr~ ~we.Wtl nwl lS► N'v. N v.v 1 ' rn'/ R Se _Tr r - . v r4 ~i I?` t ¢ ! v ,Y F 1,.~ G:. i pr;,_ v , . Wt 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 I /ml W "W 1 am" r IM111 N Irll. R. YlIM tme111O/ smalls. aft lkf r1a Art N a I,VU N tats I dtwld la w LL/. 1 1.l,1. M. Massy, 418,01 M. boy Islam ft all. Arm, • 4 Idly a No of W 1. /IN► 1 N all Mlts w imi u ise", 61 lam no$$ 1, ma + motif" of the owl/ 11 MAIN wWty r im IIN medal 11 Ai.r a. Ml 1 I !h not 1~4v r teal rrq, W Mist we p1[rlrlf Yrfiled r uWrl 6rtaiM It 4 eel less fee al the irssrfr of w wr IIpId+I +s/ 11 of i 0.191: 1 W flits setts W IM Will rq►tal+/ also H R/N Its wt <N IM W%lr Artl %as% NaM'fY We", alwl w tests Lim N "#it offset, I IUtraa of jQ[4TIt?M bow _ _ !11.11 feel bo a tw" INS M iw t swrr, bola tll4 ►.t" Of rnIdsn reef of W J1. IWb 1 of elf 1"141"1 w toss M.,~W/M~ et to Ilrq 10000 Ifs son, p rq wlk Ile, a Ilre HIM last s twos Ira t4# I" fw a s teeter. . " ato ll Mlr 4#/q a1 tenets s seem m of a/ MI fl, % awl 31 1. ` . {s rows l4tl labi'al' lost. m /mows at 116,91 9400 to 1 rt Irn ell ter a r--~"-`~ - `a•s _ _ ` t~` a"wr, told Intel bolas a IM sn1 1W Ad "If lwli `'4 Ij,l. f 1GIIf ,1rf, -w movie elvise tbN, td/ all tom Ile, a Official of 111.44 feet N Ito `a., 1 l , s. 1 NIIT M //LIMitM sal Ostad tM./r yon 1M r t.tM Nrse of SW w/ ae 1 1 ~1 1 Nu, 1 1 111 f 0711 1113!1111 late to III H "Us altimeter slat Larlm IAQl11 I NWLNV, 1 •le . q (.al 1.1.01 .4131 lot, Pill w'%" t/, owl 1 .1 111 Wi's 1018,110 INlattlsl b 1 1 r.... n,., i.... Is. '.1 r lw.a. Lm$. ON r bash /./iuN 1. 11 1 11 • - r 1., ,unu „1 at i.rl Mees Id1eea, Its 064# 41 u LOr'!A, aLO~CMi / 11 1 ~T rleeI Ito rlNf 14eetn0 tot eel I.0p0ata ot lsflrlsf. As soll4ty0, 941304, !11-OA, /O it 1 y 1 I uw, wnie N NW mad I r pwW 4,11 be Misstated a 010441 ryas. + 1 Car 1 1 1 n`n`~ .nJ weeea w Ally r04awte N eMw. Ll1 silly termNn Idly srey r 10 III/f K,s1/ 1 1 rwnM fee Ima Cars w of r.e".dselwr N 8,1 polff 1tilitiol 0441fly to t~/raY AAVAOInW PInvr V 1l I 1~ t w 4# sty Imo. A."p~y~t,at M~'er ki I M All W yf possla rt.ty Ado base ad small mod loop isolated all ill ~~r° M L{ eel i I f sales N M build [[rmrftmM. Ar.M, rrw r r as" fell 0 w wsyIN R. 1 \ fy es4atn r utrle Wilk if r4tNrrr l4#. rtramr/ 11 dllt[e1m) m 1 noNOllra system a W stilly r/Nq, r/ Mlle MULtA/a loll N M IoW 1 Yo IId let) 14H of $"lots J "low to a frN am lose tie sets 1411UP Z 1 / sarlanal f4# 111 pat r N rafUrllep, fNstelMtM. 10 4141. "tnlll". of ; I I rlrlldaa!1 W stew C r teensy all w Ile" r Ito 1wltlllta lost" missiles W mleealy N at rlr it os0rfly W MNNIm W Isyfl. I. t } 1 jy-rµ447{ 1 We mL a'31 d f a is dl s slily NNwru. 1•100. 1mplnlrl W nrlnlr W lift ty of Anal. fm0. _u _'1 /olds! a Ym N I.ItN. this M of ~ IM. "NOW N Allis 1 Nunn lMLose ft"o frYVf1' L'Y MWA^" i - hw~ L IrTMs. Jr,. Nt.eT aNAIIIrL MefO L ~r I.M.frwYc aMllro 440.10, top / tot t I fta}/ N lfJl/ 1 fataM 0w",IOA V rI11I~ /aayw r+-A'A" AsOterngtt MONO MIf1 me 11meI11 I f44 ap, A1H) rapid vow Ir) Ns11 r, the rLNtlar9. a MN) Miss to oil in mottos of ell, t"al M file se lrtrrll/ alpew ~y 1:M It. anti", M.1M/Prtta (mtWl It r s be 00 W We, M ge~boM fio rIfmr/lrwfdtY r11W iMtm /pYL11r1 M11a1 W rl. tprtNied W use r dumad w laid u me ad 4 4a grllf walla caul, I" mo ■ on a" Ill/ / 4" , 494 M _.&I ad lasalt, tied Haft M W rmenr'1 own ill rue, I 10, PREUVINAWY PLAT We is s milt wt 1. Mss r f ►r. Jr. a 4p1rNN PAILl "Nooll 48 Any" r till or" lI/H1 it slnrl eel 8,tIdafy, n fill b rrtb RO O W1 M/, LAW P.4- 4aKr devoid H ear, Yee s ploltial serao. 111 a pilots fete n of !suss 'W I4 r Z1 ri.. N" r r As he 9 MM/4# Mw or is eANdN1 u W ee W ds" I KRIS &#ddrt. *We OF OW h all W N1we, 0416 1*8. palrb W fWas Ir 61 sell Hl k f 1, of 1100 defy 64# as at mad to 14 Nn me wMN q1 ersf IN w tvwr r! m N the 0"640 W fiat i111Im! rnrly N►rwna Nos my N m. N .w141r1~ OyfwW W Is w uosrly amid rNN. r 111E OLIN T,A'AAK[! '»a14..!~k.. ~312fZ MAN IV synlla0,r, Itm 13.111 11 an a1/ lady O slrM w ill -A" of ,),tel. A40 a dal R,1VDiW.A#W*Aer AN 0" Or aL1R//lilt/, L!%'CN LNW/Y.sX ~"ry1~~yy .H« MAf77YNd OIC1~:',COP Adler Mo. J6-wq 11!11• `0'S 1A iIi •fwl plea/' /AMA" A.e Adolf 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 Ip( CATNVIN( SMITM VOL. n31, q 100 A0111QAT~A1 toMC N W 1 _ - 0[MINI CONAAOT VOL. 71n ACAR9ULruRs . Pi IrW[ LOT 1 /LOCf J , ~ r y 1.1 Ac a 11 LOT / 1441coiluAI 10149 . N ~M LOT t M\ A NIt.4t ROAMA HAT 7 I L 1 A { A CPoo" L T Y R [ (IAX 1 MA 1 j PMAIMART FLAT FRANKS C1709 LOT 1, ILOCR 1 1.110 Al. ; AN 1, 1OMM111 ILIM"A•CW Coll AND COUNTY OF XN70N, 11RA1 M.al F bdNCR NIAAYIN a NANCY PUNM uo IOCATiOM IW FAAMS CITATI! LOT f, SW% r1UP, 51TAIN 1 AAAOCIA; 1FO. r /MIPW `Wt., r14 " ra Npl k♦•1 /141 y r.,,.M -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 o~+w'~~r+~rr~~~r.~rrrr~r.~~r.~r~rw rr~rrr~rr~. ~rr.~rrrr~r r.~ w~rr rrrrrrrrr~rrrrr~ 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 MF•1 s~~ p / ~ r L !f `I. ` r L Q ~ t SF-7 UIL.. IN I rasa ( 4 C CD i t, ` p ti 0 I Wel ;1767 ' I - + _ .L._ + S-126 r ~ i + I i «rrrr r• E PD-73 Pb-9 r PD'60 _ A ! L - r, S- 172 I ! ! c. tit'• T .111+L~L; j. " t:7 - - SF-7 ' r H I _ 1-' - 7,....... 1 0. rrTrr_rrr rrr •_rw_r __r• 1 ~ I _ N .s 4 : a 9' ^.i.It F; 7• •,+y 'i F c, t ra tY ti ^ + .a r. r PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1767 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received i O z-t-7 7 IVA C l r 'o 5 0~ "olloo 41 to GO )w 7 r 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 • _ MC' • AO': A ae • escrowWr1IM R1 Nrrltr ' i ' • SJ11i~.aA R d.• ° - Sanger r:ity limits * N. t ro l q: •If1A/1f Rd, ~0• • oil Ir 1 0 R d A 0 C.1 1, R A i r-If e) i. A • . T. VI r'. 1 10 • V. Is ' M i f e Al R d a~ Ii ,1{i win 111 r 11 ' . d. • . ""ss Mf .ems MA a 'd H ~IAIA A1u0Moun4 'ii ~'•!-av • O .mss / ; • . i~ tt'Oaent Denton City-•Lim 3~c 4d V- fell 3 ~O Wry , a • sa r ~ i f Il . 1 ' v " d Ek$ 118 R+IF Gr1 R1. • / rnnCA a i I • . ~ • Slrlnol d Rd ~ • ~ ~ • l ~ ~ • $6 PAS KRUM 'OP •SI w • i f i • 1'I aJ1 48 4@011tAA Rd r + t'~. zxci=w /d V~ I t C r ~j t go all r1A •1• #j•I IL 1. * to he. 404 1 W, .41 >jlt.'>I~ Iw rl • 1 R~_ FF" A-26 ANNEXATION SCHEDULE September 23, 1985 Submit agenda item ,i September 24, 1985 Submit agenda bacK-up October 1, 1985 City Council sets date, time and place for public hearing October 2, 1985 Notice to Denton Record Chronicle i ✓/October 4, 1985 Publish notice and mailout i October 7, 1985 Submit agenda item ✓ October 8, 1985 Submit agenda back-up October 15, 1935 City Council holds first pu~)lic hearing October 16, 1985 Notice to Denton Record Chronicle October 18, 1985 Publish notice, and mailout October 28, 1985 Submit agenda item October 29, 1985 Submit agenda back-up * November 5, 1985 City Council holds second public hearing November 11, 1985 Submit agenda item November 12, 1985 Submit agenda back-up * Nover.jer 19, 19J6 City Council institutes annexation proceedings November 21, 1985 Ordinance to Denton Record Chronicle November 24, 1985 Publish ordinance December 3U, 1985 Submit agenda item December 31, 1985 Submit agenda back-up * January 7, 1986 Final action by City Council * Denotes action by the City Council U964g BATE$ 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. 1,.. ,.t I.I!\• .'ll YN\ 101 r r _ 1 r i r!lu • •7, Iv I r.r• nrr~ A. A r. r l r W .a I r.• S~ n'.. u.o' . 11r~ ~L•rrl gyn. I A A, Jok"06 Sfv N MAY $URWY ABsrRAcr eo7 . ` , r, 1.1. hl br . M..1. n1 •V r` r r\ M ASS7RAIr7 60 IY. r...1,', 1.• . 'L.r. ~i \ .nl 1 I u y. rN I u I YI. 1 l y Mr .q . •b .1•• 4 0 All A. It f '4w1 rl lr\1 1'. lr,t g VI I Il JJ a m 1..r• ♦.r; r1r ~r ~v,r 1 ~ .`Ir. iaYl ' v r. .I I1 .M '.Y M .•11 . 1•wr SlrwN "'WI .{!11AS r.1. r+..•~~,r.wl i l'r •11'IS Pi M 'a, I,., A 8 W o r SURYlr AesrRAcr 140E W *t 11 ro « u's 11 r. rr, « .1.• 'w M rttt PI M J" Ill, 9200ACFCS h41 WwMW.WIn•ay/.,.H Il MO.;1r,n.1 N 141 1. fill " Y %L1 . I ra.plll A I r II 1•,4 :V!ur tlR ltrlll. M'4 tir All! r,.ry •fy i MAf1lM ! w 1, tlc4p rq x ~i Rltt v1!. 41 ft•.N It Ir 1114 •H aw ri.:V n.1 , 1 "ll".IR l1 f b1..r1M ru. 111.9 n 1a1 .14 i1 1 •f.Vn ••.D1✓rH .!1•Ii hlll ofA H appb 'j • 4'tl M 1• lb,. W: n', ,w F•1 rrnrve dr!.d 11n If •h 1s nu.n. el . r\ \ :.M vI A.l 11..4x1 r' . I r. r I , 1 L!I T .1 r rs41 \1h V rg11 Ir pl •yl• .f P • 4 , ~ , r r 1 -l 1. w rr 1 .M I ll Arll nrl f. 1~•1 I pP,Y ry 1 L f^ r'•n ~!rPlt•~ ` 1 ~ e=28 I 1 .v 1 px!~+'~~4.Mt AMr7~ig1Y fYAI - Mid Irr ~pp• NAIMAfEtT G NASH, INC t t bell bll ua NI t ~ 1 1 $•af t, CONS-AT04 [N[IIil L $fM1R~'ORt M M& IJN.MfiO , tot A W41 S5^, M IIQ{ JAA , T DIYfCM. TIIIti M" IV no rbu L ell S job1 1AIf4 b6U.CtWVAoflmftTtme fOf b)~ ` f M.1 i.y V 1 a k 1 Y 64Y ✓ 7 7,; AT?. 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 o n N • a I A-29; m , MtRtuM[ S Pf R TLR APOLLO ►LRH o r r r ~ ~ KRCUII RLtA ji f I 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 ~ 1 l~ "OW J ~•~rrf~~f+' ~ filrrr~';f ffN ~~~1 Wr . 1 1 a 1`~ 1, • - 1 ~ { i ?-nr i X04 l 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. t