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HomeMy WebLinkAbout11-05-1985 • • • • e (~C~roaA o~'~` G.~.~ C~~~~ 1 NbV. s, ~9 gs M X71, ~iYa IOI ~'~f ~y l}] ..,Y f`.A i fq >A ,1 AGENDA CITY OF DENTON CITY COUNCIL November 5`, 1985 Work Sessicn of the City of Denton city Council on Tuesday, November 5, 1985, at 6:00 P.M. in the Clvil Defense Room of the Municipal Building at whicn the following items will be considered: 6:00 p.m, 1. Hold a discussion of a request of Miller of Texas, Inc, for annexation of d01.705 acres situated in the M.E.P. 8 P.R.R. Survey, Abstract 1410; the E. F. Anderson Survey, Abstract 16; the E. A. Orr Survey, Abstract 983; the G. W. Anderson Survey, Abstract 12; the M.E.P. & P.R.R. Survey, -.bstract 1502; and the T & P Survey, Abstract 1302, Denton County, Texas; tieing the part of a tract known as the Golden Hoof Ranch and beginning south of U. S. Highway 380, east of FM 156, and west of Egan Road for the purpose of determining whether to br,gin the annexation process. 2. Hold a discussion on a resolution adopti-g three personnel policies: A. Longevity Pay 106.07 6. Personal Leave Without Pay 111.08 C. Tuition Reimbursement 107,09 3. Receive a report on request by Denton Independent School District to hold Joint elections with the City of Denton. 4. Hold a discussion and consider authorizing the staff to oppose the proposed rules of the Texas Department of Health for assessing annual fees and permit applicatic,i/amendment fees for dirgosal facilities. 5. Recaive a report on the electric utility rates for fiscal year 1980. 6, Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 Y.A.T.S. 8. Real Estate Under Sec. 2(f), Art. 5252-17 Y.A.T.S. C. Personnel Under Sec. 2'(g), Art 6252-17 Y.A.T.S, 0. Board App,ointments Udder Sec. 2(g), Art 6252-17 Y,A.T.S. i Regular Meeting of the City of Denton City Council on Tuesday, November 5, 19859 at 7:00 p,m, in the Council Chambers of the Municipal Building at, which the following items will be considered: 7:00 p.m, 10 Consider approval of the Minutes of the Regular Meeting of October 15, 1985. 1 City of Denton City Council Agenda November 50 19d5 Page Two 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations, A. Bids and Purchase Orders: Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 4.A, 4.B0 4.C). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. 1. Bid # 9512 - Auxiliary backwash connector 2. Bid # 9526 - Automatic transfer apparatus 3. Bid f j531 - Greenway Plaza - participation 4. Bid d 1534 - Water meters/valve boxes 5. Bid f 9537 - Front end loa,ler 6. Purchase Order 0 70374 to Rone Engineers in the amount of $14,527.00 7. Purchase Order N 70520 to J. S. Equipment Company in the amount of $12,042.16 6. Purchase Order 0 70612 to Houston Dynamic Service in the amount of $'16,038.00 B. Plats and Replats: 1. Ap,jroval of final replat of the Golden Triangle Industrial Park Addition, Phase V. Lot 2, Block 1. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminar plat of the Northridge Heights Addition. (The Planning and Zoning Commission recommends approval.) 3, Approval of preliminary plat of the Northwood Addition, 11th Installment. (The Planning and Zoning Commission recommends approval.) 777 • City of Donteen City Council Agenda November 61 1985 Page Three 4. Approval of preliminary plat of the Western Vin~.age Estates Additiotr, Lots 1.8, Block i. (Tho Planning and Zoning Commission recommends approval.) C. Change Orders: j i 1. Change Order to Bid Y 9410, Spencer /Wood :ow tie-in in the amount of $6,723.45 D. Final Payments: 1. Consider approval of final payment on CIP Project, Payne Drive water line, Bid # 9463. (The Public Utilities Board recommends approval.) 2. Consider approval of final payment to Dickerson Con'Struction Company for the Loop 288/Spe,icer Drive water line, FY 1985 CIP Protect. (The Public Utilities Board recommends approval.) 3. Public Hearings: A. Z-175b, Petition of Burke Engineering requesting a change in zoning from the agricultural (A) classification to the planned development (PO) district on a 27,29 acre tract at the southeast corner of FM 183J and Hobson Lane. If approved, the planned development will per,hit the following land uzes: General Retail - 2,26 acres Multi-Family-i - 1;.0 units on 5,6 acre with a density of 21.1 units per acre Duplex - 60 units on 6.6 acres with a density of 9 units per acre Tri-plex - 18 units on 2.8 acres with a density of 6.3 units per acrt Townhouse - 28 units on 2.76 acres with a density of 10.1 units per acre Gardenhomes - 15 units or, 3.7 acres with a density of 4 units per acre Recreatinn, Open Space and Drainage Areas - 3,35 at:res .The Planning and ;oning Commission recommends denial.) B. Z-177U. Petition of Dale Irwin requesting a change in zoning' from the two-family (2F) district to the plan- ned development (PO) classification on a 0.426 acre tract located at the southeast corner of Carroll Boulevard and Prairie Street. The property is locate4 in the William Loving Survey Abstract 169, If the request is approved, the planned develcpment will ppermit the development of an office building. 1The Planning and Zoning Commission recommends approval. City of Denton city Council Agenda November 5, 1985 Page Four C. Hold a public hearing on the petition of the City :,f Denton for annexation of approximately 296.97 acres being part of the I. Coy Survey, Abstract 212, J. Ayers Survey, Abstract 2, W. Burleson Survey, Abstract 93, B. Burleson Survey, Abstract 249, and the R. Johnson Survey, Abstract 666. A rontinuation of the existing Denton city limit line from a point beginning approximately 90D feet south of Ganier Road to a point approximately 2,600 foot north of Rectov Road (approximately 3 112 miles) is proposed (A-26). D. Hold a public nearing on the petition of Shaul C. Baruch for voluntary annexation of approximately 92.80 acres beginning approximately 500 feet north of Highway 77 and approximately 1,050 feet east of I-35N (A-L'8). E. Hold a public hearing on the petition of Mel R, Lac uemont for voluntary annexation of approximately 59.6 acres being part of the T. Toby Survey, Abstract 1288, and beginning adjacent and west of FM 2164 approximately 3,000 feet north of Hercules Lane (A-29). 4. Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. e. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting sucn purchases from requirements of competitive bids. 0. Consider adoption of an ordinance setting a We, time and ice for po.olic hearings concerning the petition of th^ City of Denton for annexation of 136.588 acres beginning approximately 500 feet east of the centerline of U.S. Highway 377 and south of Brush Creek Road, ant being part of the George M, Daugherty Survey, Abstract 351 (A-11). E. consider adoption of an ordinance setting a date, time and place for public hearings concerning the petition of the City of Denton for annexation of approximately 93.61 acres beginning 360 feet south of and perpendicular to the centerline of U,S. Highway 380 and east of Geesling Road (A-13). 7 City of Denton City Council Agenda November 5, 1985 Page Five F. Consider adoption of an ordinance setting a date, time and place for public hearings concerning the request of R. 0, McDonnell for annexation of approximately 34.68 acres situated in the M. Forrest Survey, Abstract 417, and beginning approximately 250 feet south of and perpendicular to the centerline of FM 426, approximately 2,000 feet east of Mayhill Road (A-14), G, Consider adoption of an ordinance setting a date, time and place for public hearings concerning the petition of the City of Denton for annexation of approximately 42.35 acres situated in the S. Huizar Survey, Abstract, 514, and beginning approximately 500 feet north of and perpendicular Masch Branch Road (A-15). H. Consider adoption of an ordinance setting a date, time and place for public hearings concerning the request of Hammett 6 flash, Inc. and the City of Denton for annexation of approximately 150 acres situated in the D. Hough Survey, Abstract 646, and )eginning west of Mayhill Road, approximately 49000 feet north of I-35 (A-17). 1. Consider adoption of an ordinance setting a date, time and place for public hearings concerning the request of Redditch Investment Corioration for annexation of approximately 60,38 acres situated in the G. Walker Survey, Abstract 1330, and beginning adjacent and east of Edwards Road approximately 1,000 feet east of Mayhill Road (A-18). J. Consider adoption of an ordinance of the City of Denton establishing filing fees provided for by Appendix A, the Denton Developmcnt Code, for petitions for voluntary annexations, of the Code of Ordinances of the : ty if Denton, Texas. (The Planning and Zoning Commission recommends approval.) K, Consider adoption of an ordinance amending Section 9-1, Article 1, Chapter NinN of the Code of Ordinances of the City of Denton, Texas, relating to the 1981 edition of the National Electrical Code and reenacting said section adopting the 1984 edition of the National Electrical Code with certain ieletions and amendments thereto, (The Electrical Code Board recommends approval,) f 1 i ~ rl r5 % y. Y V 1 i City of Denton City Council Agenda November 6, 1985 Page Six L. Consider adoption of an ordinance approving a contract for the cit;'s participation in the cost of installing oversize waterline facilities for W. H. Smith, (Tee Public Utilities Board recommends approve].) M. Consider adoption of an ordinance altering the prima facie speed Limits established for portions of F X 1516 within the corporate limits of the City of Denton. (The Citizens Traffic Safety Support Commission recommends approval.) N. Consider adoption of an ordinance designating and establishing a speed limit on Lillian Miller Parkway beginning at the service road of IH-35E to the intersectior. of Teasley Lane. (The Citizens Traffic Safety Support Commission recommends approval.) 0. Consider adoption of an ordinance approving a subscriber agreement between the City of Denton and West Pub'iishing Company, P. Consider adoption of au ordinance approving a service fee for 12 months far America„ Public Power Association *or uen;on Municipal Utilities. The Public Utilities Boara recommends approval,) t 6. Resolutions: A. Consider approval of a resolution by the City Council of the City of Denton, Texas relating to the Issuance of bonds by the North Texas Higher Education Authority, Inc,; approving the issuance of or more series of bonds; and making certain finaings in connection therewith. B. Consider approval of a resolution adopting three personnel policies: I . Longevity Pay 106.07 2. Personal Leave Without Pay 111.08 J. Tuition Reimbursement 107,09 C. Consider approval of a resolution authorizing condemnation proceedings to obtain an all purpose utility easem;nt. 0. Consider approval of a resolution casting the City of Denton vote for a member to the Board of Directors of the County-Wide Appraisal District. E. Consider approval of a resolution approving plans and specifications for hangars on the Jity Rogers and Bruce Brown lease at the Denton Municipal Air ort. (The Airport Advisory Board recommends approvaldf An a1 :y rux ~N •le) xf,l Lt_ 2i.r. '.'1. it A• City of pent'.,: .,i ty Council Agenda November b, 19d5 Page Seven F. Consider approval of a resolution approving the preliminary plans and specifications for the Craig Titus and Jim Couesey lease at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) 6. Receive final report on Wastewater Collection System Master Plan and consiaer adoption of the Wastewater Collection System Master Plan for the City of Denton. (The Public Utilities Board recommends approval.) 7. Receive a report on the electric utility rates for fiscal year 1986. 8. Official Action on Executive Session Items: A. Legal Matters 81 Real Estate C. Personnel 0. Board Appointments 9. New Business: This item provides a section for Council Members to suggest items for future agendas. 10. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-11 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6252.17 V,A.T,S. 0. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 196.5 at o'clock (a.m.) T' SE CITY-SECREIAKY 1966C - - mar D DATEI CITY COUNCIL REPOIA'2 FCRMAT . T0: Mayor and Members of the City Council FROM: rick Svehla, Acting City Manager SUBJECT: DISCUSSION OF REQUEST OF MILL.R OF TEXAS, INC. FOR ANNEXATION OF 801.705 ACRES SITUATED IN THE M.E.P. 6 P,R.R, SURVEY, ABSTRACT 1470) THE E.P. ANDERSON SURVEY, ABSTRACT 161 THE E.A. ORA SURVEY, ABSTRACT 983) THE G.W. ANDERSON SURVEY, ABSTRACT 121 THE M.E.P. i P.R.R. SURVEY, ABSTRACT 15021 AND THE T i P SURVEY, ABSTRACT 1302, DENTON COUNTY, TEXAS) BEING PART OF A TRACT KNOWN AS THE GOLDE14 HOOF RANCH AND BEGINNING SOUTH OF U.S, HIGHWAY 3800 EAST OF F,M. 1561 AND WEST OF EGAN ROAD FOR THE PURPOSE OF DETERMINING WHETHER TO BEGIN THE ANNEXATION PROCESS RECOMMENDATION: A Planning and Zonir,g Commission recommendation will be forwarded at a later date. SUMMAR`. BACKGROUNDS This is a voluntary annexation request by Miller of Texan, Inc. for the future purpose of multi-use development. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: There are no existing structures or residences on the property, FISCAL IMPACT: Undetermined R pect lly a mit e : 1.. Rick 8 ,dla Prepared by: Acting City Manager David Ellison w Senior Planner Ap av Jeff A Directot of Panning and Development 1049# ar~ - ljj~ / o KRUM r POP 4 S4 r ~ ~ ~00~NiT J ' (PVT}I J CA f A P ,r; y IT Co ,~,N•5 / * to %411 ` Tom CoI - e ` Ft d / °C R Amyx Rdd 0 M a i PETITION FOR ANNEXATION. 3 TO THE PLANNING AND ZONING CO ESO ION AND CITY COUNCIL or THE CLTY OF DENTON, TEXAS The undersigned doom hereby petition for annexation of LM:760res located at 12fl, 380 - FrIA,Ef C-dAn In the extraterritorial Suried!otion of the City of Denton, Texas. The roperty to mare particularly described in the attached survey description and shown on the attached map. The undersigned also certifies that the following required information concerning the land and its inhabitants is reasonably accurate and assumes responsibility for completion of said information prior to scheduled. action on the request by tLe City of Denton. 1. to petition being initiated by owner(s) or majority of registered "tore in area of request? Yes No If no, what is the status of the applicant? 2. How mcuny dwel ing units are located within the area requested for annexat.on7 3. How many businesses or nonresidential land uses are located within the area of the request? n.* _ Please provide a general deeaription of these • land uses including the name(s) of businesses, it known 4. Does area of request include any territory within the city limits or extra- territoctal 3urLadiotion of another city? Yes No 5. Estimated population of the area of request, (!::D Adults Children Number of registered voters? 6. At the time of this petition, have any other annexation procedures been initiated for all or an part of the area requested in this petition? Yee NoIf yea, please explain the procedures begun and their status. Does a water supply district ;!.e within the boundaries of the area proposed for annexation? Yes No X S. What zoning) if any, other than a rlcuitural (A), is be ng reques ed undo ` separate petition' How much of territory proposed for annexation ~s included In toning petition? ~ i': a.. cJr,,, ~r R_.y, `~t~r itt+^ 7i t~ ~:=v iii + 'i,Ya~l. i V ~t' s , Petition for Annexation Page Two i 9. What is the purpose of annexation? •ken 10. Planned land use (if zoning is being requested)) Proposed Unit Category g Total Per Acro And/Or Prooosed Acreage Square roataae a. Single family detached b. Single family attached (townhouses, cluster, etc,) c. Attached patio/garden/zero lot line d. Duplex e. Multi-family C. office g. Neighborhood service _ h. General Retail _ L. Commercial J. light industrial k. Heavy Industrial Proposed use(s) it specific use permit or planned developmv n~ (PD) being requested. It. Have petitioner(s) familiarized themselvso with the official annexation policy, land use policies and the standard municipal service plan of the City of Denton? Yes x No Name of Owner(e} Tblephone •I~S,~ Signature(s) LX P9 16/4.1.. Af~' Date Address(es v I„ »j Main 4~f..4 s-r_4zr) I£ petitioner is not the owner of the propert,/: Statue Petitioner Name(s) Telephone ( ) Signature(s) Date Address(es) ' Field Notes and Location Map for area proposed for annexation must be submitted along with completed petition before process bcgins. 0862) 7 77- ':Fr rat 1: ~sW°.' rti ! OAtEi October 30, 1985 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Adoption of Three Personnel Policies RECOMMENDATION: We recommend that the Council approve the following policies: 1. Longevity Pay (106.06) 2, Personal Leave Without Pay (111.08) 3. Tuition Reimbursement (107.09) SUMMARY: Three personnel policies are being presented for Council consideration of adoption, BACKGROUND: Two policies (Longevity Pay and Tuition Reimbursement) are revised editions of previously adopted policies. The other policy, Personal Leave without Pay, is a newe policy. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: These policies will affect all city emp oyees. FISCAL IMPACT: There is no impact on the general fund, 3083P/p2/ W Ice CITY of DENTON DENTON, TEXAS 70201 MEMORANDUM DATE: October 30, 1965 TO: Betty McKean, Assistant City Manager FROM: Kathryn Usrey, Director of POreOnn0I/Employee Relations SUBJ3CT: CObi9CIL AGENDA ITEM: POLICIES AND PROCEDURES At the November 5, City Council meeting we will be presenting another group of policies for adoption. As you are aware, this group of policies represents hundreds of hours of work by the Task Forces, Steering Committee and Executive Committee. The Iollowing is a brief summary of the policies being presented to the Council: 1. Lonaevity-E-aX (106.07) This policy replaces the Longevity Pay Policy 3.6 adopted by Council in 1975. Changes to the updated policy are: a. Employees must be f aployed on are before May 31, to be eligible to receive a check the following Dacember. b. Employees required to retire due to mandator ret before longevity checks are issued will be entitled Atont total longevity paid less $4.00 per month for each month not employed prior to check distribution. 2. personal Leave Without Pay (111.09) This policy replaces the Leave of Absence Without Pay Policy 4.8 adopted by Council in 1975 - the revised policy more thoroughly outlines the citcumetances under which this type of leave may be granted. It also defines the different categories of leave and the procedures that must be followed for approval of this type of leave. j Betty McKean October 30, 1985 Page 2 i i 4. Tuition Reimbursement (107.09) This policy outlines the guidelines governing the reimbursement of funds to regular full-time employees that j are furthering their education. This policy is conaietent with practice and is being set in writing for the purpose of uniformity. Please let me know if you have any questions regarding these policies. 7eO.AoI,, t a y-n-01 arey gf 13948 • I I i I i i i .i f .,,r 'yrs. R3S0LUTION WHEREAS, the Director of the Personnel/Employee R814tione Department for 'he City of Denton has presented proposed policies regarding employee rules and regulations for the Council's consideration) and WHEREAS, the City Council desires to adopt such policies as official policios regarding employment with the Cityl NOW, THEREVORE, BE IT R'aOLVED BY THE COUNCIL OF THE CITY OF OSNTON, TEXAS, THATi SECTION I. The following policies, attached hereto and made a part hereof, ace hereby adopted as official policies of the City of Denton, Texass Longevity Pay (Reference No. 106.07) Tuition Reimbursement (Reference No. 107.09,) Personal Leave without Pay (Reference No. 111.08) SECTION It. The foregoing policies are attached hereto and made a part hereof and shall be filed in the official records of the City of Denton with the City Secretary. SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, are hereby rescinded to the extent they conflict with the attached policies and any administrative procedures and directives issued under the authority of the City Manager implementing the policies hereby adopted. SECTION IV. This Resolution shall be effective from and after &to date of ! passage and approval. PASSED AND APPROVED this the day of 1985. f AICHXRD T N , RXYOR CITY OF DENTON, TEXAS i ATTESTi CHARLOTTE A LEN, CITY SECRETAKI CITY OF DENTON, TEXAS APPRUVFU AS TO LEGAL FORMi ' DEBRA ADMIT DRAYOVITCH, CITY ATTORNEY ! CITY OF D94TO:4s TEXAS BY1 yrr - "stir ;rY uS~ p ar- ~ r h aY MY OF DENTON PAGE-1._0111.,~„ POLIOT/ADMINISIRATIVE PROCIDUAR/ADMINISTIATIYS 0111JOTIYR Y REFERENCE secTiorv Nuwe~PERSONEL/EKPLOUR RLATIONS ~.07 SUe1ECT: LoxcEVITY PAY EFFECTIVE OATS. TITLE: REPLACES: LoMaEVln PAY POLICY STATEKEMT: Longevity pay is provided to engourage retention of employees by recognizing the value of long term service with the City. These payments are for full- time regular employees &Ad are aside according to the following sehedulet 1. Mon-Civil service Employees A. An employee must be employed on or before May 31st and be employed the date the chock is issued to receive longevity pay to that year. e. Accrual is at the rate of $4.00 per month for each full month of uninterrupted service. (Example: 48 months service would result in a payment of $192.00.) C. Payment is to be made In a lump sum each year during the month of December. 0, Employees :oquieed to retire due to mandatory age and before longevity checks are issued will be entitled to the total longevity pay less $4.00 per month for each month the employee retired prior to longevity check distribution. 11, Civil Service Employees A. Eligibility commences after one year of service. S. Accrual is at the rate of =4.00 per month Far each consecutive year of eacvlce attar the first year. C. Payment is made on a monthly basis and is included on the regular paycheck. 02441 06/17/eS CITY OF DENTON POLIOVADMIXI T1iATITS PA00=DtTAVADMII1412ATIV= 0I1110TIwo REFERENCE SECTION; NUMBEA: PRUGHNREJEWLOYRR RRLATION9 + 111.08 EFFECTIVE OAM SUBJECT; APPROVRD LRAVR AEIUCES: rfrsJe; PRRRONAL LRAYR WITHOUT PAY POLICY STATOMI s In sPeetal ctrcumstancee, supervisors may consider greeting absence to employees for medical, eu rgnnoy, legal, educational or any other legitimate purposN personal to the employee. A. personal leave of absence is approved time oft without pay- Rmployees rsquestinS such leave may be obligated to show that granting such leave will not work as undue.hardship on the appropriate operating department. Primary considerations tot leave approval include vacation, sick, and compensatory tine accruals of the employse, and the legitimacy of the request. supervisors autborizing personal leaves of absence may be required to submit an sxplanatton to the Department Director and/or the Personnel Department as to why compensatory time, vacation time, or similar accrual was not used by the requesting employee. The circumstances resulting is the leave authorisation may also be required in the explanatory report. Approval of personal leave protects the employee's position with the City for a ►,pecitic period of time. Categories of personal leave are as followss o Ipodigt - one hour to two work days. o short-ten - Mara than two work days to five work days. o Lont-term - mare than five work days to lose titan twenty work days or thirty caleader days (which ever is lose). o Extended - more than twenty work days or thirty calender days (which ever is less), (ror purposes of definition, a work day is eight hours for most employees= tot employees working twelvr, hour shifts a work day is twelve hours.) All persoaai leave without pay must be docuot nted on the appropriate form. Any personal leave without pay exceeding five work days will require the approval of the department director and written notification to the Personnel/ Rmployes Relations Department (i.i„ a completed absentee (on and a status . change). On requests toe I m 4L&ta leave of abaense It is the rupervisore responsibility to explore the legitimacy of the request upon the employee's return to work to determine It the leave is to be authorited. Approval of I=, Ib and attladed leaves of absence will be based on the employee's PAGE 2.0p 2. POLIMADMIXISTWATIVI t'1003DUIMADYIIII/'!EA?IVA DIXICTIVi {fleatlavN) REFERENCE TITLE: NUMBER: PROOMAL LEAVE WUHOUI PAY 111.08 work load, noods of the department, the degree of advance notice given polar to the expected ;tart of the leave, the legitimacy of the request, and the vacation, sick, and compensatory time accruals of the requestint employee. All leaves totiet than thirty (30) caleader days or twenty (20) work days 1p duration reaui • aDnroval from the 0eoartm•at Director and the Cit. Haaasev, Vacation and sick leave accruals will cost* whoa the tea=t`► of time approved as leave it more than one-half of the scheduled work tifae per month. Accruale held by the employee prior to start of personal leave without pay will be maintained, An employee returning to work from a personal leave without pay extat,slag thirty 430) calsader days or twenty (20) work days or more will receive an adjusted performance review date and adjusted longevity data. Hisrepresentattoo of the purpose for personal leave by the requesting employee may result to cancellation of the leave, disciplinary action, or termination. An employee failing to return from personal leave on the specified data, without notifying the approving autborlty, and receiving app'ovat for a leave extension, will be subject to termination. A supervisor may rescind termination it and when I:he employee provides reasonable, written expicastion for failure to notify. 0212a 07/03/85 w 1 ,y~.' }l ~3`,. `l :nc 'y F a,-.. ~ Y~., r, ~ :T i i CITY of DENTON FAGI POLICY/ ADIIINISTRATIT2 PROCRDUAR ADMINISTRATIYR 0111011YR • AEFEAENCE .r UCTION: PERSONNEL/EMPLOYER RRLATIONS NUMB "i07.09 SUBJECT. M'OYtt 69N6PITS AND BtRYICEB EFFECTIVE DATE. 7/19/S4 I TUITION RRIKBURS ME VT REPLACES: rlTU: POLICY STAICKSHi The City of Denton Will conside& providing tuition reimbursement to regular full-ties e,aplayees to broaden their knowledge of their current position and to prepare for possible assumption etf new job responsibilities, toployeas will be considered on a first come-first served basis due to limited funding. An employee must be a regular full-time employee and have completed at least sit months service with the City prior to application approval. Technical, non degree, undergraduate, or post graduate degree study pursued through any State of Texas accredited institution will be considered. Courser without a degree plan on file must be justified, by the employaa, am being job related in a memorandum to the personnel/Employee Relations Department, out of state accredited degree plans will be considered only when not available in this area. The masimuc,: tuition reimbursement will be the amount of tuition land fees paid, excluding deposits, parking fees, travel, books, supplius, etc. up to, but not exceeding, tuition rates per credit hour charged by the nearest four year state supported collegiate Institution, less any other combined amount of educational support recel%ed from other sources. Retmbursameat is not authorised `ar sources already covered by veteran or other educational assistance. Reimbursement will be provided when a grade of "C" or above to achieved in rollsgo undergraduate courses, and a "8" or above in collage graduate courses. An employs* who leaves City service less than two ears after completion of the reimbursed course must return the funds to the City upon termination. 021Sa 0]/29/35 y . CITY OF DENTON MEMORANDUM TO: Kick Svehla, Acting City Manager FROM: Charlotte Allen, City Secretary DATE: October 30, 1985 SUB,16CT: JOINT ELECTION SURVEY RESULTS As per my memorandum of September 17, 1 have conducted a survey regarding the holding of joint elections. The survey was conducted during the period of October 24 - 25, 1985. PURPOSE AND SCOPE: The purpose for conducting the survey was to respond to a request by the Denton Independent School District (UISD) to hold joint elections with the City of Denton. The survey was intended to provide a basis for decision making on the part of the City in responding to the DISU. pith regard to the survey sample, the sixteen (16) cities surveyed ranged from 23,000 to 425,000 in population. The number of polling places per city ranged from 7 to 100+. FINDINGS: Below is a listing of findings as revealed by the survey. 1) 'twelve (12) cities responded that they currently held joint elections and four (4) responded that they did not. 2) All sixteen (16) cities surveyed responded that they currently shared common polling places with another I iurisdiction (i.e., the County and/or the school I district). 3) In all sixteen (16) cities, the actuel administration of elections was "tailored" to the speicific needs of each city. 4) Teti (10) cities surveyed reported that they shared the same location during elections, and each of these cities administered only the city election. The remaining six (6) cities surveyed held joint elections with the school districts, the respective county(s), the junior collegos, the municipal utility district.,, or and combination thereof. t y 6~'[t. Y Y i\ d J 1 M KK y t ~ ~Y~ 1' y' Memo to Sv6hIa re Joint Elections October 30, 1985 Page Two 5) Only one (l) city surveyed (Abilene) used the services of a county elections administrator. 6) Five (5) of the cities surveyed held joint absentee voting. In four (4) of these cities the absentee voting was hell, by the city secretary of each city. The fifth city, Corpus Christi, was the exception in which the larger jurisdiction held absentee elections for both jurisdictions. (In other words, when holding a joint election with the County, the County held the absentee voting; however, if the city election was combined with the junior college or school district, the City administered the absentee voting.) 7) Cities surveyed that actually administered joint elections, as opposed to simply sharing the same buildings on election day, used some type of contract agreement, resolution or ordinance to delineate election responsibilities between jurisdictions. a) Among the items addressed in these agreements were the following: which jurisdiction would be held responsible for holding the absentee voting; which urisdiction would be responsible for any ri-n-of election; and, what election costs would be allocated to each jurisdiction. b) The election agreements between jurisdictions varied from city to city, with some agreements, in my opinion, leaning toward the absurd. ANALYSIS: The consensus among the city secretaries contacted was that the sharing of polling places was a convenience for two primary reasons. First, the sharing of polling places was tremendously convenient to voters. And, second, election costs were reduced as a result of shared payment for building rental and election worker wages. (Please note that savings in building rental costs would not be an issue if Lenton were to hold joint elections, as just one of the City's polling places is not city-owned.) There was also a consensus of opinion that although joint elections did increase the voter turn-out for the school district, they did not positively or negatively affect the number of votes cast in the city elections. In addressing the needs of Menton, the D1SD would have to petition for preclearance from the justice Department to move their polling places to the City's polling placer if joint elections were held. The City woul1d lso h ve to eclear for a change in election procedures to hol~ a jo We eleevion, t Memo to Sveh)a re Joint Elections October 30, 198s page Tnree RECOMMENDATIONS: After reviewing the survey responses, I offer the following as recomvendations for approval: 1. The City of Denton and DISD could hold elections at the same location to facilitate voter convenience. 2. The City aced DISD should continue to administer their elections separately, including absentee and run-off voting, as there are no direct benefits accrued to the City for holding joint elections. Attached is a graphic summary of the survey results. I hope that you will find this information helpful in drawing your own conclusions. In ttie event that you require further information or input regarding the purpose or results of the survey, please contact me at your earliert convenience. 19 4 ar o en attachments 1969C I ti GRAPHIC SUMMARY OF SURVEY RESULTS Cities Surveyed Joint Elections held Polling Place Shared Garland NO YES Mesquite NO YES Grand Prairie NO YES Arlington NO YES Fort Worth YES YES Huntsville YES YES j Plano YnS YES Corpus Christi YES YES Bryan YES YES Amarillo YES YES La Porto YES YES Beaumont YES YES Baytown YES YES Abilene YES YES Wichita Falls YES YES Austin YES YES i I e9V k~~, , Denton Independent Mcol District IN ~..J ///h r~rr~t.~ti.,..wr ROIrRT TMCOCC [t D.%V09W1 Tt.19tWt C C.~1~V~iDENTON,TEXAS 76202 11 AW 16 1985 17 j4' C1 TY11f~il~C~f,C~'i7rK f A+tgust 14, 1985 Mr. Rick svehla Aesistan City Manger City of Denton Denton, TX 76211 Dear Mr. Svehlat Our Hoard of Trustees has indicated an interest in looking at the feasibility of reviving the 'ormer practice of having the,pjky and school district J'ections at a single polling plar.a. The intent here would 6u to provide convenience to voters and to encourage participation notwithatarLding the fact that the constituencies for school district and city elections vary somewhat- in light of the fact that any such arrange- ment would require approval from the United StLtes Justice Department, I would appreciate some indicatior of whether or not the city wot.'_d be interested in pursuing; eucir a joint request to the Justice Department. Thank you very much. Sincerely, -.7 ; ~r Robert T. McGee RTM/rv r~ rr , 77. CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS IESPNONE (#17) 688-8307 orrice of the City Afans pa CITY OF DENTON MEMORANDUM TO: Rick Svehla, Acting City Manager FROM: Charlotte Allen, City Secretary DATE: September 17, 1985 SUBJECT: Holding of Joint Elections On Monday, September 16, Dr. Bettye Meyers of the Denton School Board spoke to me concerning contracting with the City of Denton to hold a joint election. It is her intention to offer this to the Board as an alternative to holding both elections at a common polling place (the Civic Center) but under two separate authorities. According to Dr. Meyers, this is currently being done in other Texas cities. The City Attorney and I had previously discussed various issues invilved with holding.a joint election with the School board at a Lingle polling place. My areas of concern are as follows: 1. The City would have to apply for preclearance from the Justice Department to change from the single member district polling places to the Civic Center. 1. if r, joint election is held, absentee voting (12 working days) would also have to be held at a single polling place City 1ia11. A space problem already exists without adding more voting tuachines and storage needs for voter registration lists. The new election law also requires 6 foot high voting booths be used which is nnot it space consideration. 3. 1 am also concerned about cunfusion at the pollit i place on elects in day. 711is would be especially probable in the single member district election years when 5 ~;9parate ballots would be required. 4. 1 do not believe this joint effort would result in any cost savings to the city. i -71 Memo re Joint elections Septembvr 17, 1985 Page Two llr. Meyers is proposing that the elections be held In the single member districts. The City would have the ballots for the School Board available for the voters as well as the city officer ballots. She is recommending that the city take the legal responsibility for holding the election and the School Board would pay one-half of the election costs. While this might result in some small cost savings to the. City, it would make the city liable for irregularities in either election. Before making any recommendation to you regarding which, if either, of these proposals si:ould be considured, I would asti to conduct a limited survey of cities which are currently holding joint elections. Please advise when this item is to be placed on the agenda for consideration. Thank you. ,ar of a Al I en~ cc: Debra Drayovitch, City Attorney Betty McKean, Assistant City Manager 1930C 3 JOINT ELECTION SURVEY Nawo of City: Yog"lation: Namn, of Person Contacted: Telephone l: Did you change your polling place(s): Yes No here there prublems with preclearance: Do you have a written contract/agreement.? Yes No If so, does contract address cost issues (exactly who pays for what): ljo you feel this as created any savings to your city for your own election? Yes No have you experienced any problems with holding; joint elections': Do you feel there are benefits to the city? Lo you feel the quint election process has affected your voter turn-out? iligl►o:r Lower No significant difference 1938C DATEs 10/29/85 CITY COUNCIL REPORT FORMAT , DlJ TO: Mayor and Members of the City Council FROMi Rick Svehla, Acting City Manager SUBJECT- Consider authorizing the staff to oppose the Proposed Pules of the Texas Department of HealtS for assessing Annual Fees and Permit Application/Amendment Foes for Disposal Facil- ities. RECOMMENDATION- The staff recommends opposition to the Proposed Rules. SUMMARY: The Texas Department of Health will hold a Public Hearing on November 6, 1985, in Irving, Texas, to receive comments regarding Proposed Rules for Solid Waste Management Activ- sties. BACx_GROU_N_Ds The bulk of the revenues to be collected under the Proposed Rules are heavily weighted toward the type of disposal facility and only marginally weighted toward population served and volume of waste handled. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Division FISCAL IMPACT- The Proposed Rules will cost the Solid Waste Division approximately $2,300 tc $20600 annually, plus a fee of $18,200 for a permit awendment. Res ly su itteds ick Svehla Acting City Manager Prepared bys 0 jiiLbk-~. Charles S. atkins Operations Analyst Approveds Bill Angeld~ Assistant Directur of Publio Works ~y CITY OF DENTON MEMORANDUM TOs Bill Angelo, Assistant Director of Public Works FROMt Charles Watkins, Operations Analyst DATEt October 290 1985 SUBJECTt PUBLIC HEARING FOR PROPOSED HEALTH DEPARTMENT RULES The Texas Board of Health is required to adopt rules implementing a fee system for municipal solid waste management activities. A publin hearing for comment on the proposed rules will be held on Novem- ber 6, 1985, io.t Irving, Texas. PROPOSED RULES ANNUAL FEESs Each operator of a (disposal) facility for municipal solid waste is required to pay an anr.dl fee to the department. The fee is based upon the type and sire of facility, the population served, or the volume of waste handled. Our fee will be approximately $2300 to $2600 per year. APPLICATION/AMENDMENT FEEL A new application for a permit or amendment to an existing permit would require payment of a fee based upon a graduated system to consider one or more of the following factores the population served the volume of waste to be handledl the type and site of the facility) or the cost of the review of the permit applica•• tion. Tte fee for the City of Dentrn will be approximately $180200. Minor amend- ments such as going deeper or higher than allowed in the existing permit will require payment of the entire fee no matter how minimal the amendment is. PUBLIC HEARING FOR PROPOSED HEALTH DEPARTMENT RULES October 29, 1985 Page 2 The gradation of tLe proposed fee structure appears to make minimal differentiation based upon population and volume of waste. For example, the fee for a landfill for Dallas wr,uld cost $20,200 while the chr-ge for Denton would be $18,200. A fee structure weighted toward the cost of the Health Dapartment Review would be to our advantage at this time because of our probable need for an amendment in the future. Charles S. Watkins CSW/sc sw8 I (4) It of lest row was )Wall dim Omsk x howow. We coo should be off- and a ngvkwwt for Typt I and Type IV a elalstrsst (eotarlmA 11"llM tie set by the pr dons for relmburaement. Iandllll operators to tumish grid m&liam eaefitsst's teed (gran) Leone to tM ter.. There will be no adverse .)Sect on smell to facilitate calculation of amount$ o1 Pow ter tw pon teeoere for tben t> businesses for the first Ihnt y$w period waste disposed. The amendments and was Mp>b et+itaW to serpnrl tie tad the sections will be In effect now sections will Implement armiual fees *10; or Mr. Soale also has determined that for su munlapal wild orete management . (A It Was redillest's cum). tree each year of tha first five years the seen and al r~p a raar►ce and for f&t jltWs activities ago- Iwoan Is *W(Iaady n4wed (too wkst toons are In effect the public benefits an. parried by Islra regl agesf fees «satlon for latths' tho'teahan by Is refkm as tbo slim doeesoeshi, tbks Uctpsted as a result of enforcing the W. permit a swon walesoeet Mgmit Ue Voost's lion as proposed wl.l be that the fees to .arrest geoss wtom Womadoo rosy be compensate hospitals, clinical The purpose of the fie system Is to pro. ledv d fair the Potnus's cossNsradoe laboratories, and cancer treatment vide additional revenue to the state and i of IM correct troll wow Isfortsotla Centers will encourage better oompilan a offset the state's expense for operating of t►on paeans lepfty obUVIW to sap In reporting caner data which In lum will Its municipal solid waste regulatory pro- W the recirbsO. make possible epldsmlologlcal studies gram. It Is not Intended that all solid and Improved cancer screening and waste program costs be recovered from This agency hereby certifies that the pro- detection programs. Than Is no an- 1«a, but only those coats that result from poeal has been r .weal by legal oounalel ticipated cost to IndMduala who an re• regulating those enlltlea that are "Trod and found to be wI1Mn Use agency's so- quired to comply with the WOWS as to pay s foo, ftawnues from the fees us thorny to adopt. proposed. required to be depoolted in the state's Issued In Austin, text* an swornbw 1f, loft Comments on the proposal may be sub, general revenue fund and are not ra• TRO.&M? Robed A. Maole4n milled to Susan ariffln, Director, Cancer ttai n#d by the Texas Department of Deputy CommlasWner Registry Dlvislon,1$00 West 491h Street, rrofaslanal 6eMCSS' Austin, Tex" 78766, (612) 46x7266. Coma The annual f« Is Intended to approx. Texas wpartmea+I of ment► will be received (or 30 days from Imate the depertmenl's coal in providing Harsh the date of publication of the proposed a surveillance and enforcement program new sectlona, for facllities that process or dispose of =NqW16ln1O of adoption: TM new sectlo^s are proposed under the municipal solid waste and transporters 0.1fb6 of munclpal wastewater treatment plant 014Ol fo^natlon plan ail Texas Cancer Control 1, Tau Civil sludge, MAW lank waste. andgrostiV rlt (aft 4.61.64 Statute, Article 4477.40, which trsp West" The coat to inspect end r♦ a s ulhor rules the msxas Board Act to pod on each faculty will vary depending is amended by * * * dopt rules to Hose ie^t Bill 1the At, and is. upon the type and site of facility. To which colows re, Nth idol make the f« structure as equitable ace r« fee rq 196x,, ats, cporting and d p0selbta, the fee amounts are graduated requlrentents do that leper and more complex or loth, This agency hw#e"by Carl mail that the pro, nic l facilities will pay falsper fired than Chapter 91. Cancer po►al has been rertoww by I"w 0OU;lsel smaller or feu complex Iacilities, I.e., the and found to be within the agency's su• operator of a taros landfill will pay a Cancer Registry thodly to adopt. larger (ee than the operslor of a transfer *25 TAC 101.1.91.5 issued In Austin, Use, on 11"lai lr, W& station. (Ulror's note. 71ka9epoHirwnr of Health TA0650 ee Robed A. M"Win Stephen Seale, chief accountant III, pvoposaforperaranearr adwkn the ntw Deputy Commlui0ner Budget and Planning Dlvlstpn, has deler- sedka U odoplal on an eaneW&7 bads in rrofeiskmW 60Acts mind that there will be fiscal lmpllca• Tixas Oep'enni nt of this (pail, Tbt Ito of the new sterkn U Hein tons as a result of enforcing Or admin- publWttd k Ae In mrseney Rules wtkn l►tering the sections. The affect on state of this WW.) Prwood date of adne W,. 9"nment for the first pve•year period November it, 1965 the sections will be In affect will be An a cars pro, For fudher InformslleA, P141114 call estimated additional 0041 of 1110,000 lot The poses Taxes new ~Dep DeyaRmeartmen! t of of Health ter Ist TM new seclion► will cover (Stl► aW?M. IM, grid $100,000 each year from !l^ nary, reportin requlnme^!e, a Its! a ti and estimated Increase In 'dell 9 revenue nl 9W.000 for 1966 am and 1111 $1.tr of raWrtobN diseases, the fee fa the col million aWh year from 1967.1990. TM ef• section or cancer data, and oonfidenthlity * * * ferftRfTBL'► i meril loo IRS fftitTfv~ and disclosure of Cancer data ~us in Merv l Stephen Beale chief accountant III, has ~$bllim 01 o a o determined that then will be fitoal Inn- Chapter 325, Solid Waste plical;ons sac a result of enfoninp of ad• r,dfh T98TT9g . e w no • minl twing the sections. The effect on Managentent a innua cost o state government for the first five-year comp l-W117Q( o section 6 by a small • period the sections will be in effect is an The Texas Department of Health pro, bu►Inoss that processes or disposes of estimated additional 0041of$600,000the poses amendments to 11326.446, municipal solid wralsof that transports (fret year, V01,000 the second year, and 325.462, and 3211.482, concerning aludgs sludge or oimllar wastes Is astlmsted to =970,000 (w each of the remaining three Iran►porler dispo►Itfon control, basic to. be $160. In competing the cos! of coma Wars. An estimated increase In revenue qulrements for land applicatlon, and pliante for small businesses with the ofs".Owtherlntyysear$601.000thew sludge land disposal permit to, cost of compliance for the largest co^d yaw, and 11070,006 to- each of the qutrsme^ts. In addition, the department businesses affected by the Wtlons, the remaining thneyrars is expected. There proposes new 1323.4+6, concerning cost to a small munlNpal solid waste wltbeanincreseedcostforlocat sludge transporter fees and bus;neawill beapproximately $4.00por menial hospitals (o collect and urr dish ##32D•601a26.643, 325.611, 320.613, and employee, white the coal to a Irroe the required two( data to the Texas 3211 63 1 3 26.623, eoncerMnq annual foot butlneaa will be approximately $2.00 per Department of Health canter Registry and related reports for facility operators employee. 101'aft 169 SepUmber A HAS 110" Rrtsltr I - y , M4 Slab also has dNermfned that lot 11"t'eWcie sYs 1 asetede, bat Is ewe BMW and found to be within the agency's au. each year of the first ft" years the oho- to, !rte pert able teak traren, be ^ thorfty to adopt. Yeas an In Offset the public benefit an. or sksisse trM#M ve bnt suss Mal tklpated u s rswN of enforcing the so- ltxt r/e Irlpeltaee. The report shall be nib` issued In Austin, Took an 8"WrIber 14 IN& tlons"VOPO q will be production of tnltted no later than March l of the year TAD 868 POW A. Maclean revonue needed by the state to operate followbtg the end of the report period. The Deputy Co mmtastow Its aurr6414600 and enforcement Pro- first report 16411 cover the calendar year Protesslonal limkes OMAN for municipal solid waste man. 1911, end be submitted no later th.n Much Texas Department of apoment which contributes to proper 1 M. The report sh an be prepared on a Health management of waste and reduce eM vbonmental Pollution; fauimile of the forth in 1323.909 of this t;. proposed date ut adoption; Pollution; conserves land, tic relA water, and material resouress; and to- ( ti+g to Appendix l-Annual Sum. Noreho 16, tees due" pu11lo hearth risks. There is not ex- mary Report Form for Sludges and Relates for gunner tnrormatlon plesao cats peeled to be any direct cost to pr hate In. Waxes).' (512) 441230. divlduais u1116e8 they ere operators of (c) (No change.) municipal solid waste in nagement bus. This agency hereby certifies that the pro- In#$sae. In this case, t,,ty will pay the poasl has been rovlewed by legal counsel foe established in t,4# sections. end found to be within the agency's sus Comments OR the prMaal may be subs thorny to adopt. Transporters millet to L.D. Thurman, Acting Choef, !scope In Austin, Texas, on 6r iernber te, t11e6 * 2S 7AC ;325.418 Bursas of Solid Waste Monsgomenl, Tex" its# Austin, of Texas 1100 WON TRDd6e6pp D~tACommissssioner This now section is proposed under the (61B12) 45514I1t. . Comments Temmanxaq will ill be be s ti to. s professional nerves $0I14 Waste Dis ( 4B61 posal Act, Texas Civil eelved for 30 days following the dots of Texas Dot Wlenent of Stsfutes, Article 44T7-?, 0, as amended publication in the Register. Hoehh by House BIII 2081, Article J, R and Propoled data of adoption; House Bill 1603, 04, 091h Legislature, Nmembw is. 11160 IM, which require the Taxaa Board of for lunher information, please can Ncalth 10 adopt rules Implemennn,l a too Subchapter N. Management of 1614 4%723& system for munlci al solid Sludge's and Similar Wastes man t *uT~~C;32!.445 * * * Ply 44. TransporterAea; (c) APPlkabitky. Transporters of The" amends "ter and new section we municipal wute who We registered or who propose under the Solid Waste Disposal are required to register eith the department Act. Tex" GvH Statutes, Article 1471.1, fee required to Pay a owerundable Annual an amended by House Bill 2001, ArtF Land Disposal department bated upon the caps Iti 6, 12, and House 91111593, fd/, all *IS TAC ;323.182 wity of transport vlhkks the transporter LOOISISfure, 1986, which require the uses. This fee 6h4U not apply to hawdous Tex" Board of Health to adopt =Pal This amendment Is proposed under the watts which Ile tratttponed Bpd regulated olontenting a fee system for municipal Solid Wastes Disposal Act, Texas Chrn by an a4ew-7 other than the department. node waste management activities. Stalutei. Article 447?.?, 140 amended This fee shall not apply to cities, couch I 00.44). alrpo~lkn Conrror. by House 0111 200t, Article 8, 12. and munldpd udUty districts, and state and i (a) (No cbansa.) House Bill 1343, IM, Both Legislature federal4gendes wbkb am trsuapotdng their e (b) Maintenance of rewrds and re 1985, which require the Tex" Board 01 own wastes and Oki are not required 10 Health to adopt ru;" Implementing a f" be registered with the department, as porting. The rates the shed waste a provide copy of the person who gentenera system for muAlelpal solid waste men. described In 1321.442 of this tick (relating tM wade control record or alts document agemant actlAlles. to Registration). showing recelptOf waste and shall provide 1331.482, PermitANUirumnts. Except (b) Fee schedule/amount. The Ike facility operatot a copy of all control for Type 1, p, or f II municipal solid waste amount of the annual fee shall be based records of wastes dcyatted,Thetransporter sites (landfills) authorized under upon the local volume (in gallons) of all Malt retain a copy of Ali records showing 11)23.51.31!.63 1123,621 or this title waste transport vehicles utilized by the the coEkctiost and dlspotition of waste, Such (relating to Permits) where sludge is codis• transporter, The amount shall be determin. coples shag be retained rot 12 months and Posed with other waste, operators of ed by multiplying the total capacity (galloro) made available to the do it. municipal solid waste site, used for the by $0.10 per gallon. For example, if a quest. Flrsons who transspottnwa~n via disposal or sludges And similar wastes shall transporter operates three trucks. each with Pipeline, rail, or barge may use an alternate have a permit issued by the department, A capacity Of f,$W gallons, then the total record-keeping system if spprovtd by the Sites operating without a permit on the er• capacity is three multiplied by I,SW gallons department. Tramporttrs shall suWt to festive due of these sections shag submit which equals 4,500 gallons, Multiplied by the bureau an afts,al summary a Permit appticetlon within 120 days she, 4 rate of $0.10 per gallon, the annual fee ttvltly up to December It of of their each ey A yeara the effenlve date. The following provlsicm Is 4,300 guess muldow by so,10 of $450, showln,J amounts and types of watts cal. Of 11)15.31.325.63'i71i.621, 323.11•323.7s, (c) Fee due date. The payment of a lected, dispositlon of such wastes, and and 325,9025.93 of this title (relating to transporter fey shall be due June I of each ypes edures YtAt, TU fee amount shall be the Amount doa 'a at* nless due as computed According to the apnUcabk each /adliatnydTtle teprj datl also bclyde ePV kabieico ►ueh lord d ipo~salCsites u It stAtetAtnl Of tk (Dud espsdh (gallons) otherwise noted. fee schedule/amount and the information of ter wAey Iranspott vekidK teglaed by tM (I) 1025.11-32S.63 1321.621 of seaPosubmitted by the trampotter in the annual tnstRWW as Of 111 sad 14' tic reportlag this title (relating to pert ,iu). yet, 41W es Appbtabla to tic operadon foe (2){6) (No change.) (d) Method of payment. The trans. wbkb be If 104" to Porter's annual fee shall be submitted (a she W e"11dae el+ekkka Ar, y, a fields' Related to posTP04111 has agency been hereby e reviewed by legal l a CO oarpr naei o form of A check or money order made psefted d by l payable to the Tetw Deportment of Health ProposM ltalRe 5eprerrrt3trr 14, I!si iD ferrRtj ltsfl' and ddtvered of melted to Bureau of solid Fra1. No atMltioaal resmAdse f" Is rw Subchapttr P. Annual Fm and Waste Ai Taw Department of 41111411111 If Part s of a sets dl"k* M play Related Reports Health, 1- 49dh Suet, '.ustln, Is sees ngalrsd. U sddldott, the smeGdo•ea! Teases 717363199. of n0strsdoe laforsudoa for G 'bnwreW *25 TAC 11325.60t-328.643 (t) Penalties. Failure of A uansportef ate" facility does Got rtgalre psymorell of These new sections use proposed under to snbmh coned Information on the annual a fee. Resistrst)on of a &Itt at which wastes the Send Waste Disposal Act, Texas CMI • repot to the department by aw du: due or are applied to the land for benefkis l use is Statutes, Ai title 4477.7,t as amended "~sll lailxu4 to submit the required fu payment effective on the date that the department. py House Bill XAM. r in a 8. 12, and by tba due data shag be suffkrtet cause for by letter, acknowledges roodpt of a fro" Moue Bill IM, W. 891h Legislature, the depsnatent to void aw transporters completed application and provides the 1160, which require the Texas Board of reOMAtlos and authod7Ation to aansport owner/operator a rag ',raion somber. Site Health to tdopt rules implementing a fat waste. The department may also take any registration (formatioo on file with the syslsrh for municipal solid waste other action audicelsed by law to save departnntnt shall be confirmed or updated, management activities. compliaske. In writing, whenever: Thisapa~~y he eeAlfles that the pro (042) (No changed 1!!!.601. Purpose and Applkrrblfity, F (2) requested by the department. (a) purpose. The purpose of the an- and ..al tbwn o b r swathe legal o eounsat and f (c) Permits for land application for mud facilky fee Is to recover cats incurred ouiyJ to ba within the agency s au beneficial use sita. Although a permit is not by the state in operating fu municipal solid thorny t0 adopt, 'equired for the operation of a site rued fa wow replatory peoarato related to surved- lsrnd InAuatkk Texas, on sepbmber 10.1946. land =,>plkatlou of Certain wastes for bear tare and enforcement and technical TAD4U5op gobert A. MscLaan efk at use, Ow operator or such a site may assistance for far 94les that are authoriud Deputy Commissioner request tie „epartmtnt 10 issue A permit. to trm, process it dispose of municipal Profosslonal services When a ermh to requested, the spptlatkn solid waste. Texas Department W shall b: prepared and pea -Wd in aaor• (b) Appliabd(ty. Each operator of o Healt►, dance with 11335.! I sue- 44 1323.621, stofago, proaadag, of dapostl IWUty for proposed date of adoption: 325.71.323.73, and 323,, 323.93 of this W municipal solhl waste that Is as `oriterf :o November 18. ',M the (reislins to Ptrtatt Procedure, and operate by permit, has a permit appw'stioo For harsher Information, plea" call Design Crlttfia), as applicable. The daltla peed(nnqg, or was operating prior to imple- (512) 45&7256. and opcratlonal requlone, a coat ilned In mentatlon of the department's permitting 11323.461.323.463 of this tits (relating tb program and A required to apply for a par * * * Land Application for %"fidal Use) shall mh from the department Is requited to Foy bt appUcabk to such permitted she. Ale- a nonrefundable annual fee to the depart- plicspou for a Perak whiskies or n- meat. Except for a an recovery operation. aired to be submitted In seeded wit! the amount of the fee Is based upon the type ~eputim"m gal" es Is {}72331.32!1631 and die of tht faciUty and the ar.ount of :.and Application for Serlendal Use 333.7t•34s.~e, sad 335,!1 133.93, of ebb wade handled or the amount of population lids (reletto to Perak Protedsns sad served. Au recovery operations are chars- * 25 TAC +325.442 nnign Cole- I sr+:+ be aeeompaaw by a ell a fixed rate. This amendment Is mprsed under the s'arefnaemlDie for +dd to the depertneat. 1M.60), Anfiud Reponx Bond Waste Disposal Act, Taxes Cfvl1 Tit " smoanl of the fn ska be as rtgtdrd (a) Report fors and information. - Bbtutas, Article 4177.7, §A, es amendm for sabmUdoo of Part A wd Pert IU,Iu Annually, each facility operator shall repot by House Bill 2091, Article 8, 11 s dersiopsstrt plea of as 33.0 of sloe la a to the deparisr" the arnotgst of solid waste House BIII 4693, 154, 09th Lopiblature, Typo VII faesgty ask it 323.63 tie tlda processed or disposed or at the facility for i 19116, which raqulre the Texas Board of (relau•g is lea" Applkesdon fees). which the report Is prepared. An operator Health to adopt rules Implementing a fat This agency hereby certifies that the pro- shall rite a separate report for tub focUhy system for municipal solid waste ialhasbetnrevlawW!oylpalcou.tsel which has it unique permit/permitapplies. management Gctivities. d found to be within the agency's Au- lion number. The report shall be on a form }311.161. Bask Requirements for 1 ,nd 'f.t,flty to adopt. furnished by the department or reproduc- AMilration. Iesusd In Auelln, Tom es, on sr temoer It 19ft td from a form furnished by the depart. f (a; (No chance.) meal. In addition to a meLernent of the / TRO650503 Roberl A. MacLean (b) Registration of land rpplintion Deputy Comm:aeforer amount of wore processed car disposed, the for be ierklal use sites. operators of sites Professional9 niece report shxU contain the Information to- which qualify for exemption trom a permit Tomas Department of quetted ra the form, Including the facility asset forth In }32332 of this title (relating Health owner's rame address, and phone number; to Permk Exemptions) and for which a per- the fsdlit, operator's name, address, and mit has trot been Issued shall rooster such Proposed des of adoption: phone number; 04 facility permit/permit sites with a department h : utilizing the For further rthN I$6, mate ntprmatlon, plea" call aNikatton number. the facility type; the rorm confulned in Sect; a ;t ur '123.901 of (5121454-7236, amount of population served by the foci)(- this title (relating to Appendix A- ly; end any assigned billing code number Application for a Permit/Resistimion to * * and other information the department may Operate a Municipal Solid Waste ~ is-Pan request. A (General Diu)). The applkadoe for (b) Waste reporting units. The resistrad" of a Type Vll fawuty for the amount of waste processed or disposed dur• lead apUadoe for beaeflcW w of sludge ins a )eat eh, '1 be reported In shot t tons shall be seeompaakel by a aoartimsdable (2,000 r-runds), Any other units of measure. let pall to the departmeat. The fi noaat of such as cubic yo- cis, shall F inverted to the fat shall be as regalred for sabntsaloa lord for reporting purposes , . c welght and of PoM A of as apllcades lot a TIP* YIf volume coovs skirt teem, rs in psristaphs fodky as dwdb4Ica j321.6.1(sXJXA1 of (1){4) of 0 i i subea0 Id, all be s:+tri Mart AU Me (refad" to Perak APPIkul" wdahinl frclUtia at* r av'ilibs. 10 FAggq;6"v~d'ipfrMbJf )I, f9a3 rose Rrthia dP (1) Gems] wetghtlvohsmr: ed by a fedlity arc In the departmeot'a filed, period chap be for a calendar year btgln- (A) one ton'. 2,000 pounds; billing swtments will be calculated by ni"^- Janttary I and ending December 1I of (B) oat Salto" - 7,3 pounds multipwi; the amount of populadat sere- arch ygar, (grew trap waste); ed by a facility-based on current Informs. (e) Due date. The properly corn- (C) one gallon - 8,3 pounds tion In the department's files -by five pleted, atxvrau, ar.d signed report shall be (dry weight-wastewater treatment plant pounds of waste per person pa day based submitted to the depa,tmeat no later than 1 sludge); on it 363-day year. Muds 1 at of the year fotloadna the year be. (D) one gallon - nine pounds (c) Grid marka mum. To fecWtate Ing reposed, The tint report shall be due (grit trap waste); the aicutation of waste deposited in a Iuid- no later man Much 10 1987, rot the calen- (E) one drum - $3 gailotta. fill over a period of time, each permittee or dar year 1916. (2) '.Vane transporl v:hkkes: operator of an txlsting Type I or IV solid (f) Ptndty. Late reports or reports (A) one cubic yard ■ 130 waste disposal site shall, by March 1, 19116, that contain incomplete or Inaccurate infa- pounds (no compaction); Install a grid marker system encompassing Motion or that are unsigned shall provide (B) one cubic yard - 600 at least the area exported to be Olk S within sufficient reason for the deparueat to take pounds (medium compaalon); a three-year period and expanded progres. remedial action u appfoprtale for the of. (C) one cubic yard 700 sively as needed. The grid marker system, fence, Repeated vloistiona or failure to sub- pwnds (havy compaction). Wrillar to it typ" city map grid, shall con- mk a proper report, after proper nodfica- (3) Waste to landfills: sist of kneed mcrkers along opposte side Hoer, s)talt be sufficient reason to revoke the (A) of a cubic yard 1,000 of the site and numbered marten along the percent of the affected facility, or other c,- pounds two other opposite sides. Markers along the tloa Al appropriate by law, (baled with fill); boundaries abell be spaced no further than (8) one cubic yard - 800 100 feet apart and shall be at such height 132),60. Aenuef fns. pounds (shredded with fill); as to be visible at all limes from marten (A) Fee schedule. The annual facility (C) one cubic yard - 630 (oars- on the opposite boundary. Adjacent grid fee shall be computed utlUxlng the roliow- Wed with crawler tractor); marker lines shall be perpeadkular to each ing he schedule. First, select the type of (D) one cubic yud - 700 (with other, Permit apptkaats for Type I and WAY t1m., Type 1, IV, EX, etc.) on the fee heavy compactor vehkk). Type IV sites shall incorporate this type of achedule, than select the Mum which cor- (4) Until June 1, 19111, or untilac- grid system In their site plats, responds to the amount or waste in shat curate reports of waste processed or o:rpoa- (d) Reposing perlod. The reposing tors (2,000 pound,) handled or processed Annual Poet for Patititlet It) (i) hp/Pop squiv Annual Pot Stood on Ytlure Of Vaste 24904144 Movally Type of to be served - 20A0 1 12,000 --UME Wit vial 60 Alk wit 9116 91 000 1 It 600 1 Vitt 9. A, I d„_ by the Will tyduring the r reviout calendar meet avd reposed to the facility opere-o; other action authorized by law to secure year, Where the facility type line and the at least JA days prior to the (ccdut, date and compliance, annual waste volume column Intersect, the shall be .%4W upon the Information sub- This agency her* cesifles that the pro annual kc will be Indicated. As stated in mhted by the .'adlity operetur in the mttual o has loses reviewed 1323.602(b) of :his title (relat'ng to Annual report and In the current fits of the pogand found to be within chi a"al counsel Reports), until tune I, 1987, the deparment department. thorlty to adopt. will estimate The waste managed by utilir- (c) Method of payment. A facility's Intl the information In the deputmem's cur. annual fee shall be submitted in the form Issued In Austin, Totcaa,on r»ptttrt or, 1& 190, rent Olt related to the amount of popula• of a check or money order made payable TRt?•IUW MoWn A. Mott.oon tion served by the fadUty m; tlplled by five, to the'l eaas Department of Huith Arid de- Deputy Commmloner, then multiplied by 163. livered or maikd to Bureau of .941d wute proftastonat service$ 01 Fee due date. The payment of an Management, Texas Department of I luhh, tons Depettmen; of annual f"ty fee thou; be due as indicrted 1100 West 49th St-W, Auitin, Texas Haan% on a billing statement f<.om the department 78736.1199. to the fadhty operator, For factlltls thli Ptopotad date of tdopunn: have been issued a tmit, the the date sltail Novembeof r 1 ter, tgbf pe (d) Penalties. Failure of the fttility Fa furlh4r Information, pl949a4 can be The anniversary date of permit isauonce. operator to submit the required fet payment (s+' 4986.7236. For WOW that have rpe yet been Issued by the due date shell be suffIc;at cause for a pervert, the due date will be assigned by the department to ttvoke the permit and the department, Tht fee amount lot each awhorttat4M to p(ma of dispou 'r;` ricility shed be computed by the depart waste. The department mi i arao take nay Prop poor 6trtki SWOMbtr ?I, 1 A$ 10 raft JIM Registered Fadlides r pastors the departrarot wig utilize the It IMY. Ql, Pwpw acrd App "obdk)r, formation in the departcneot s regiuradoo s) Purpose. I.-A purpose of the a. *25 TAC P2i,6t114338.41d file for each facility to,detervalm the nuw t'ee for transporters to to realver ecru The" seed under oxmint of waste handled annually by 9 intnnti by .he r.u in operating Its f"Id- tiV*le SOtld new Willa sta Map" nt/Map" are Ael, proposed Ctr1l hrility, latory W imboical utistanoc protirante Stalutaa, Ar110114411.1,14, ss amended =s e BNi 201, Article a, 12, and Annul fees for 11egtstered racllltir<t Dedicste4 to lenefictal 8111 160, J64, 119th Legislature, Use of Studio 19f36, which require the Texas Board of Health to adopt rules Implementing a la Sludge Amount system for municipal solid waste man, agemeot acllvitlu. wm 113 1 315.611. Purpose and Applkablllry. ores - 7-!A (a) Purpose, The purpose O tho an- nual facility fee Is to recover costs incurred (b) Fee due due, Th- payment of the related to wastes, and other by the still in operating its oo~nawdoua transporters of sludge, ►epde tuck annual municipal solid waste regtrla,ary program The amount fro shall due will due be lure 1 computeof each d by you. the 11milm imtlu types o of f wage. related to auvettlan44 and earorcement and The . ts lecbnkal /111116191144 for fadUties that fe scheddepartmmu)eent department na thesubmitted In I fee the had (b) Applicability. to transporters, onCa of sludge sludge 9u11►Ortud to treat, process, of dispose of , the information sppUes only to racility's prior year report, and the info- and similar w!,tes who are required to reg- nonMxudaus municipal solid waste, (b) Applicability. Some hcWtko or matao in the department's registration file islet wills department. This section dote s are ed to operate b y for each fatuity. not apply to transporters of other types of liter presently authorised rccetving permit rate b - (c) Method of payment, A facitity's waste who are not required to resister or to regtl are ttoa f authorized in 172!.32 of this title annual fee shall be submitted in the form certain public wiles who transport sludge (relatag to Permit )in li2tloru Examptle of a check or money order made payable NO similar wastes but who are aempt from of this type of fsd* an sites for benefkW to the Texts Department of Health and re Irtr9tion asoutlined in 6 X25.412 of this use of wastewater treument plant sludge as delivered or mailed to Bureau of Solid tit (relating to Applkabliky). provided for la 11323,461.325.463 of this Waste Management, Texts Department of 11M.622. AAisual Rrporfs. Annual Health, 1100 West 19th Street, Austin, title (relating to land Application for Ben• reports are required in accordance with sees Texas 18736.3199. eflcW Use) and sites for controlled burn- (d) Penalties, Failure of the facility plkabk provisions In 1323,443(b) of this d- Itig: of wood destructori(uemh burner). All re Ail- by he due odatubmit be ruired fee ta shall be ~suffkknt cause effor 1M.62.l. Annual Pies. AnUral feesof Wered facilities are required to pay an an- the department to revoke the registration required IA aoeordance with agpilable pro- nual fa to the department. and 9uthorizatW to process or dispose of vision: in 1313.443 of this title (relating to 1315.61L Annud Reports, waste. The department may also take any Tra,uporta Fes). (a) Land sppucation for bfuencial other action authorised by law to secure This agency herfbycirlifles that the pro- um. Operators of re&ered rites or ficilittes compliance. within Lyon counsel for the beneflcW use of %astewaer treat- n has boon reviewed merit plant sludge are req,,IW to submit in This agency hereby wed la that the pro and d found to be witthin the M 9ganey'e au pose! has been reviewed by legal counsel rholty to adopt annuall repay to the depertrr actt.'11te report and found to be within the agency's au- Issued in Aueft Tessa, on tlept~ is. t0016, requirements, including form, contort, re- :hority to adopt. pontng units, due date, and reporting TRD46W? ,tobd k MacLean period, shall be the same u the reporting Issued v Austin, Texas,singWomw t t, iM Deputy Gxnmiss!onw requkememtlapptkableto permitted sludge YAD45M ROW A.MacUu Proht/lonal96rvkeo facilitlet as provided In 1323.602 of this ti. Deputy Commh11slt-or Texts Department of tie (relating to Annual Reports). Professional Services Hsnth (b) Air-curtain datrunors. Opera, Texas Health Department of Proposed dale or adcoflon: tort of registered Mt-curtain destructor November 18, 1"S (trench bureau) uhlss are not required to Roposed data of adoption: For further information, please tail tubmll in annual report. Novembw 16, 10018 (5121 451 ?236. For further Infoimallon, prase t)n 1'IT! E 34, PUBLIC 1315.613. Annual Pea. (512) 4*7236. (a) Fee schedule. The annual fee for FINANCE ftglsteesd lacillties or sites engaged In the * * * Part I. Comptroller of Public ]and &MIcation of sludge (of beneficial use shag be computed utilising the fee tchoduk ACCOU13iS in tats subsectlon. The annual tee wIll vary Transporters of Sludges and Chapter 3. Tax Adininistration depcoding upa the amount of sludge (in Similar Wastes Subchapter V, Bingo Rellulatlorl dry weight torsi) promud or d'upoud at the facility during the previous calendar t 29 TAC 14323,611.319.623 and Tax year, TM amount of waste received v: d; fr.+l * These new sections are 34 TAC 13.341 into one of three cae~cries In the <%te ir, lA, Taxes ll under s Comptroller of Public Accounts pre amount column. The annual fox L4 lomxted theSolidWaSts ta Dli Disposes Act, "set on amendment to J3 644, concern- on forseine line In the opposite onnoAl fee by y you Hog Statutes, an A 8111 Article 20991, , Article 1 of 8, amended 12, and itj rage definitions The atnon endmeMeS e}e in. . • column, 0of example, if 04 fatuity received House 8111 1593, 154, 119th Legislature tended to stiminate the possibility of of. lsu than Slw'l ton of sludge during the Ore, 18511, which requhs the Texas Board o; gsnis9tions treating 111 charitable ci4. viola calawis: year, dd annual fee will be Health 10 adopt rules Inlpiernent:ng A fee Irlbullons purchases of services ^r me. 1230. Unfil Nod I IW or until the reoelpt system for municipal solid waste man, tarlsla ffrating to the conduct of bt.tgo of Pisa full anal repo; from the facility agefnent kovlgNr. and to clarify tho types of aganltatlonal 10 r0ait JX solidestbe .3tr, lids nZo infers i i r - J n • • IF a$'. ~sAstaieai by 6o aMiiit' n oti d+0ertsnsnt b Ad^!M, ►y oaaq Or disposal rule to" OW waste tw1w, ss~i Masienl e.ar families lp~ mwap~ 1 ft+~t pNtni np IY be enbaskeda the maraw a id I No WA tM tti t to" flee is 00hV ft*+, ~r t, t9e6. TMr♦ deta as for as initial appuadoe Iim i ~ da11 W it* Medm fom b f atpw*l ft lopldsttw mane cW~ an aPdatad site development ' in• ft chawo)act A" not . date by t~ht required d+a of 80%mber a" by a Per" amew' peoded doporhAent Is adopting t1teN yNta de fee u b ~13.65(a}py paad~ dutins the school year sad the excess mum be to =b And now section on an of 66 ( to Per" A from the 1 shall be dedstety nom" baste Peee)• In erg came, however, consultation 04*W148 y'++r's &%cation, wkh the deputmeas Is recommended to der Per+osae) usdta rttag's Ee Gx otoW 25 ff. *J2S if C f{31,f.SS, 329.16, J2S.S9, p 'aw V04& data oemenu for the ~Nsted ~ sarvtcer In a uw b tti<e w" • tc r con- anions to the d0velopod don Red ispbpy th ed yooa IA loom Of educa. (HAmwndments an ~ development pier'. t7 cept its Sum sdopeB l 1 An ion, may tr t of this w Board of OencY basis under Htwq lg 503 by the drP+nment 1~. WW House Bill 201, Article a, A , 1325,111 o f wowment tbh ki (relatl~ M(b)) School dbtrkU or epecW ad, mesh i"18141urar ION which require the ucaloo 0OOPaWIVa whkb ct`Atr act (Of out deoilmal to adopt by rule fees cover. d « Requirements) for land disposal of state reridentW pleoemeat rd>ed do y Is tn4 n±unclpu solid nub msrtAptmonl 1423.111 of this tick (reiadng to aooosd+aos with 1114 rule for batate rat. facility pwnfttty Actmtlu by Sep. aemaaf Rtqukamcotr t~oewith In this w f section owacept a that tombet 1 1901, And Two CMI $161061, Nowever, the l ) for prO of mod sites. deoa~ more be apptowd b,, the appro. Acre a~.s2•l1(a), fiVA which str1mrime dose shod require A a type of aaodit t: the state ry al ink tha ~ s "thou r,y b#slo, b adopt ruts on cn emotp~rt• (f (No chase. ) nd,nent: Rau) ~ua'ion tuber IJUJ9, Rsq4k A41WAY. 04u0*w&tM- An application (iii WMtf a student who is eo mo-, IJJJ.JJ. (R ' PPArefi on and FN for ape. de. tract In ooa +choot tudes district h redo ao w rionr/ 1fo7)wwer of rr Its/AMk'j' Mll a Warm at be su ted to the move to another move b another Teats of re d, and donsjrt, pony OwnerA end Nerve partaunt or the appropriate county, as 4 to esp. continue In the contract (A) Within 30 days after a chanas In dplicable, o. oo by dany o agency, political suto • Placemeat, the rcbool,tt.;.,:•', which repo' the corporate deripoatioo of the permktpa er0n OO1 Of oPa •perate e ISobd vaf desiring prose t toted the contract shall o.:.!r+an:ible for or parry Applimst, the sale ° Partner's g; or dbpftij o rood watts re war the contrut fa the rbmalndar of the scbooi tataM In a menhi the tramfer of It. 11,601,10 f rice or facility, Repenf var. W to the kw whether or not the pamittee the dsP+n available o aulal or leeued In Aunk% flea; on Aupuof 2% M& b the Wed owner, or racrs than sm of the d.4011112114 asoffi tY sh are avaitabk to aubt in Tfio se>eee w M. Kkby O p°ca1t stock or u MRS are cowroikd by Uu shin itl one Of the for a parse. w N. K lonet of someone other than the punk holder of +futtioos Of the ap ropriate p E4fnr" on PM* the pealoft of 4msaat cost"" ld be ooralted before prepare- anectha Data ee don of an +DPgcacion fora tuxes, ryry~ and the ptembu 1 tiros eontretloa Interest rW t~ssp having fwd t►►Mesder is sahtiltad to tba depart. E:pl:atlon date: December ii we with the d"nmeat for trawler ottere W* Fvplw 4 y scut >N a 1cads+. ee Ly tits esp. For further lnforrnatbn, pkrnaa can p 12) & t ~l or to f ~ to wriest to 133SA(s) of r ft Nudes to Per. vedw mation or the wbmhaion of faW informs- ■It Appf(gtbr raft). * * * tion In flew +PPlkaion shall constitute IM-61- Ssnhmissiou of App►ice• f~ ter denW of the transfer. Such 110,+. The application sad oppliatton to result hiltiate a pamft transfer may tot A Pwrntit shag be submitted to the edI f the de~~t :nklatltrt pro. depanmww with tit the supportins data in TITLE 25. HEALTH Pedures retar~ t revom km of the the number of copies prescribed in the In. attorney poeral for structlons on the application form unless SERVICES appropriate creel f. The application otherwise advised. Following receipt of the on A" 4VIcrtion Part I. Texas Department of Pgcabkr io wbrectyoo (y)° of at yhy° e ct ere bs Lap W moot will . mcol will fowr,rd to the ap rw d to the app lican rant the depart. Health alth rW be aocaet , c a notice Chap Health 3Z3. Solid Waste ka be on Pea as by a Perail Mader of 1`114 of application which the applicant, specified d P23•f3(40) at his own atpeee, wig cause to be pub. I4(a!1>))j gent of dds Gt♦sdall to halt App1(e~tloe 113W one time in a newspaper of enaal Subchapter B. Permit Prooedtua (b) (No chance.) wassttesiite is 1 the county . Sus to which the wild and Dedga Criteria be aorompgs by pnblkwtiott that) pt.rmIu 1 ParrJ23.J& R^"•** otAmtndmentoff Publisher'salfidsvit Dptic+Al, and a tlf. «lative t sq pub-- The V ' fret DepA►tmenf of Health edopb (a) (No cb+nse•) Immediately be fe r er. to the e $Iftg O the {b) If, d mmediately thereafter. bk ruts. a ff will lire • ~ ~ nron~ntomb b the life of a pertnk, appgcation by ►vean staff wig Of the oorleeml , a2a a ~ oondltondit orione ~ clump " oumandate a ~ Until the pubUm's affidavit hu MI perrnlb` TM tritter strict type of OPWNW (a , publication of" notice ~ wrHe mAOerrteet flolf~n~ ~ filin popwadw e a rfe wed), the parnit. of fgtt:r appf liatbn mhaU be in addition nwwft lklp wools e, tY PumiF thm ttsoethr oltbe charterd ooodttioos to the Publication of tht aotioe of DPW* The guab tot Ameodmeng tnvolvlna eh otppubtla a public wblk ~ and/or the seder Wroatlee 0""" Awk a how* as a to gtdted «~~uM #IN~ ~r*aee is tYa acreep,so a a ao~ea (refit' by 1)2519J of this And Fk;JSe dkiou tJtla N IN r, MbN A apt of sa afoA fW AbM rstunl °a SOWN* and Pnpvatkoe wNM* kh Ha omw he c fa erc es be ~ of III, Addition of otheedti~ for a Pro. located wkhat a ootmty t►hich atacisa I. ~PNs~nAse iPa w TtJrRK nos a` r , V,'u , Xt authority but not within the taxi- }34, and House Bill 2091, Artiste 8, manner to cotuider one or men of the foi• omwerritofW )urbdkjoe of a city 69th iegislature,1W. which require i to lowing factors: the population served; she tows, the prospective applicant should department to adopt by rule tees cover. volum of *we to be haadled; the type and consult with the appropriate county for may 't j municipal solid waste management sire of the facility; or the cm of the review special application requirements. facility permltling activities by Beptem- of the Permit applkatl", Issued in Austin, Taae on Augval 23, rites. 1, 1983, and Texas Civil 814lutes. At- (A) Part A applia8on fa ached- title 823444 S6 A welch authorise the tale. `ifu TRSi8"46 Hobart A. Mactaart agency to adopt rules On an emergency Deputy o mmisatoner baste. Professional genkea ^ Taws Department of 132163. Permit Appikatlon Pees. Type ej Health (a) Types of applicadonit, t 11, zoo EtfeetM del": llepbmber t, tees (1) New appticationt. With each Expiration date. December 00, 19eg application fora permit to rAnsttuct or 3 100 For further Information, pies" eau operate a municipal solid waste proemial f so (612) dbawl. or disposal (wility, the applicant shalt sub. IV too mit i ooorefusdabte application fee to'tlte too I * * * department. The fee may be submitted in two parts. with lbe first pan due 1 ritb sub- Iva I t0r- missim of Pan A of the application and the tit 41 100 seoottd part due with subtabi ion of Pan 8 *2S TAC #325.63 or to development plan of the Application. IN fee shag be based on the tables under The new section Is adopted on an subparagrsp6 (A) and subparagraph (B) of (B) Pan 8 site dev Waxat plan emergency basis under House Bill 1393, this paragraph which .re "uated in a application (a schedule, part s/rite pefalopaeat Plea 040111sties fee sthedela Tole fquif,(Igeg'a} applieatioa foAct@ e Bared o .Waste voluae I MRS 2 -am MUECAM: t to 8,000 1119,000 1116 000 Vitt Waste voltage for Type. V and t*lr facilities art expressed is tone-rcr-der. Waste voluae is sot app;icabla for its recovery operations. (2) Permit transfer. Any request or application should not be maikd with the T1 TLE 2ti. INSURANCE application for ulnsfer of a permit from copies or Part B but should be mailed or P Ifs I, State Board of one entity to another must be accompanied delivered separately along with a transmit- by a nonrefundable permit transfer ((M The tat letter. Insurance permit transfer fa for any landfill shall be (c) Penalties. ^ailure to submit the C!i 3pter 11. Health Maintenance $300. The parts t transfer fee for any facility application fee payment at the time an ap other than a landfill shall be $200. plkation is submitted will not be considered Organizations (3) Patnh amendments. What a an offense punishable by flax; bowevtT, the Subchapter C. Appiication for permit has been revoked or it amendW and department will not pronged to process any Certificate of Authority a new or amended permi:'i required, then application until the required fee is properly * a rtnnrefundable apptieatift fee is required submitted. ;8 TAC 111.204 to be submitted by the apptkaat u the time the application Is Pibmitted. The applies. Issued In Austin. Tana, on August M IM. tion fee for an amended appilmloo shall TP9-W"411 RoMR A. Maetaan be the sum as the fee fora newappticadoo. Deputy Commissioner The State 8oardol insurance adopts on (b) Method of payment. AR permit ftrecslosl tiervicee an emergency basis an amendment to chap be «m3ued in the form of a check Texas Department of it 1.204 (Rule GS9. S 1.03.704), concerning Health health maintenance neceeessary to (HMOy = Order mads payable to the Tau The of Health and dellyaW of Etfacthre date, soptember 1, i9m amendment ment Is is neceery regulate mated u the time 4111cerbn is made s; Explrellm data: tecembar A W single health care aarvlce plan HMOs under Houa Beal 13bs, 801!( hegfetaluret the Ntm of Vou Waste Mange A10 For N"W lafWmation, pi sale call 1983, which amended the Texas Health testae Department of Haamo IIOda Went {bt21a8612r1. Maintenance Or trl:ationActto(e003• ,l 49th Sum, Austin, Texas 707Sb)199, A n,te and provWe for the ngulatW of Ww to payment submittad with Parr B of the * * * q,e health care service plan HMOs 04 VAPD04 t1et C~nliw, t ~eee %'IMf N~efH!► k , . y ,~;r s~ ~ .--fir.--, r j I i SE33i0N 6!t)! LEG1S1.ATUR9._RWULAR 8EG31 oN Ch. 931 t !a•ved Auravant jel Tai Tesa• D•oartasat of lt•al+~ 'hall soot r•■■ee - ended er s•ypk to Ce reavirs railroads to 1 ed provide by adeava►• aaeitatlon to!• a'e s ,ulee fer ralSseed waintananee of vav rises --ade ...ee ■aY-t4•.!n a coot! pt Cp~p•;•n? ittiedlttiep fa~eeaea • 11 . L11 . a and go MITA-A-rule onto re 4 'tie A e N Altl1CU 4 rhareuw a =a t ftCf1CM I. Section 3, solid Mate Dlsyesal Act (Article h M7J•7, Veraon's Taus Civil Statvtss), le. esaanded by addiagx v es theft so V„snetion (f) to read as fallovst t -4t-lt~S~ I13 The d•oarta•nt shall &gas% as a 11.1 I,*+it33~B~tri4Y'~E_+14t?3iv2tli.~ri'Q.t1:.sV!LJi,Lt6 1Sl,'1:~ f f t~ IMU-41 s• 19CTION 2. Section 4, sclid !lute Disaeaal Act (Article __L-aEL *77.7, Vsrson's Tes.e Civil Statutes), Is "ended by addiaqw, -J~ a T_Laii+1, 1a>eatiev (k) to read es totlovsi 1k)(1) rise deaarta•at es ail chars shall ba_dmint ed t_ 009eaertssent and r•viw by the deoar •n p! a a be aDD'pprlated r. aw %hit section lee • ehsdula shall b• adeot•d by stele s,■ Lp Hall be roo■onably nlat•d tp ene er sere er~th• tollovina 624d Latialatvre, tefterae rno,+'s Texas Clvll IA1 _the D"uI AUMAIECIdL ee follows! ISI the yeltsa• et .e ba handled, k_ Art or a mie LL the tvoe and site o! t~• laei!ltvs er t I$rusd vnder tA},! 1D1 the rpst et the nvlev o! he o.r.s• cetiee penalty against t!<rt I21 The deparesent •hali n annual foo-(or 48c), solid and CosmrHc Ac) + e lllev authorifed by the deVe tote nt to b. yl oeer at.e - ceder thle net The depattn•nt shell edoet ■ t.. Acts of the 49th1LL4r ditersinlne u• _tet of the t • to b• ! • ?h• I~ •1, V•rnon's Nxis tee shad s.: a p 1 t ti one of more et e+ tion"(•) to food as Lre lam ~~...S~~Lpgr+ulatien served, s or KY°'es's A42-00- AL eft 4417-7,18, s.De.a It YMM's Aas.pvaL eft 4i77-7,1 t, dens by (eWh"W401 Additions In test (ndlested by Vadidim deletion/ by (sWoosyy) . s7ss F, i IV -f U~lk CIL 931 Still LIEG18LATURE-REGULAR SEMION filth LEG18!ATU1Kr-"GU1 A fCl the cwt and alas et t>, • ' ilL Li_~_ the dee■:t..r• . _ ~ad by the dtoartstat of hatardous '•~•tran~ ~t'. S~LiQj(yir 44th tA~,d~nt by rul+ adee !d Lpr bf, in is APRML Ii~._f~lt~~llit• aa1L}',_b_ dcF' s~..tx_. tom this AGTX 02 vtols reafefteblV tl1LHd t0 L! 401 ♦ er the tw V YIr~•t+ transaerted er bo • • in . jot VOIumR aftd fuse et v~ate. , Oro IL 141 ills --~,..soll+etW under taia sae•~s In _the atat+ treL r to ► l,Qer [1 • csed..t et~++ atn~ The r w e!i the ++r1+ua-080 Of tht v141as StC21ON 3. Section 4(6)(2). Solid Waste Aiaposel (Article 4477-7, Varnon's Tawas Civil Statutse), is smande to ter as tollowel +vi ~ {><ts ands+ L~ !r ootsatir •alety Ot th+ OubllOi ® (1) Any person vho viotatls any provision of this Act or y - - the hlacerY et •L ae 41117- rule, Permit, license, at other order of the departmant or US 13 . Lr,r+wt mete/es" {rY 1 t o aster department of veto& resources. or a county or a polittra; Nf +teosu to corm tt the vlel{el subdivision exercising the authority granted in section 1 of We jlf SAY the }aft+[/ the iu/else Act.vithin vhoae Jurisdiction the violation occurs[ 1-vhiek•!a• Nee__e+ ra-riruewt•ap►i H abia-~,e• "Nee Ids 1t Ltt+r faasi.u- ha6arbmt-wants rl is subject to a civil peaalt !a es aurrOSM1a1 that oosalbls villatiOe Y of not leas :haft 1100,00 nor more than !U-$ ;;.Jt a yiotaWon has occurred- _.the_ 1117S+e.e41 for each act of vtolation and for each day of snli~naer L111- I••.s,+rr a te~t setL violation, as the court may deem proper, to be recovered en eb :oncluslon that L violation has occurred Renner provided in this section S. (MY'SvNa••vks-•vHiatu-•u retrlresawe-•t r '44&itv under this aaetia.► t±! laoosld on ppifeaiia••ee-•husrNea•-ruU•akaii•►t•ari7eea•u•e a tT.n uo+_- ewli-pantie 2iAl~r=p1Z_Ce Y- sae-less.lhar•.IiOp,SQ-wer•Rare-lhew•11ir901,L1•IN Lha}1 base the MEMO" 7sount et the aetk•!et•et-viaiatelw-awl•f r•e{all-ltyH•vlclallawr•ea••ehe••eetn eertonaness of tht violation no e may- -data-.proper?.-to--Le-retavarel-lw-the•mawwlr-petvllal•aa•ehae aurre Mind the violet ies itallew•Sla}q ] - StCS1014,t• let Not later than tale 10th d{Y The Solid Waste Disposal Act (Article 447;0', tamert is luued thldeOactmea- ahal Vernen'7 ?owes Civil StatuteO to amended by addinesactien 14 a [!>t4rt to the Oeraea charesd With the y toad as tetlovsl [!,elude a brie! ar4 OL Hesharll Im. Sa. fal It s oerson vista ee p• o! that.~•"• /t thL eew•17v r+ssam+nded. and a atatt Vernon's AaaCirat at er order ado/te111 UMI thawed to a Lrial ea the Ot 4477.? 1 Ve++de'f AmfYrbl met (1'7T-7, / NAM Add(tlena Mt text Indicated •Vdklen4 lot Ud MWlwated by YIWId{a by MadjW"; dslettone by (sWww.l 8801 6800 t~s. Oft LWJSLATUrRZ.RBauLAR SF%jON Ch. 931 000" my wool a civil ~ o• seetien. a Wpa}tY_waY b• ip ar we of to uceed 610h0 M of x411 ti 1~ a 011890 UM We Act or ■ rul♦ ardor. •-license. 'Will i •~tod u+idar thl• Aet lash dw a vial. . aY be eonslderad a oesarate iolatiou for weep a to dateMI !n na li,~o usual of tea penalty, tom- d•aatt.•w Ill_ m seriou■nase of th4r violation inel AIM WID De•ei Act t• the naturi, elrevsatAAW#9 extent -and aravitY of t* i +O~eo 1044 ~fbltldkaets and th Award or tuentia! arard erected to the "tb_r WGIV Of -the public-i t or of ill the hilterY oil prey Icou violltions+ it or LU Il] the amount O'" Otsari is deter L• pro vlel■tien■, Llitiral 141 efforts to correct the vdolati•ni ww of this • I11 env ether setters that lustie• sav reaulse Idl If. altar •rasinatto O violation and the civil Iatta aurrouadine that ves•lbis violation the deDa[treRt e + doe saS L vislatl6n _]{al Oeevtr•d. the d•DUL•we Yyy ~Y ltfllalaatY revert - Ysas.__i statins eh fact. on VhIch !t based t*,c t? ,q uien that a violation has ee~d roe • t a civil son charesd. lnd )-tar _JRIWt 2i.4~L!t lhW--Ea■• tno recoa~arsded amount of the Drooeeed DfR■1 v ew rat rrre tlil3BL•Ren oL the vleiati en e.r + ad fro. the t.e~ tl e e mains the violation ii1 xot later than t*• lOt+~ da (tor tho date on vhith t1l to ~•d tha deesrtsent ehs11 civl vrleten note • of ~a.a~tll• person ehareed vit_~ the violation •1•h• otlce ■hAu t_a br!•f sulri Of ~l• ehar•el a ataCM•Rt OL the arpunt L ,lt~r!landad. aid ! ■tatesent eL the e~ eht OL u f haaeiaa on the eeevtsenCe of the viel.tigor Addidone In beat Indkated by Lnarfin dlletbns by (l4rihwnMJ 6801 • e ~ 1'ter, ' . `l l Cho 931 89th LEGISLATURE-.REGUWR 8Eg,9 ~.L! i0N 6" I.EGISWTURF. ~-~Ll~ine_~ot t1s~~Ya ~ N1t21iA th•.1C•daY Of tlV Togas CIVIL n f r (L n~ ~t Dav ea/ D•a/ler_!n [ul Mai .1''-_ L a~i..s If the DfrseA seeks 1u Ott. ~'~.f~/aaa/ 71a Df n •E~~t a-~b•.~s_, _ rb ..w vlolat143~n4_Su/ount e • _`:*+cag+lar er hi/ d ll.-fervlla..lS3_t.~i ""~-..lllonfra~l IMP ;ccmm v 7 121 instead o,f~ DaYn•nt lot Fl93jiy, ■o"Sianfr a suoyraedtas be fA1 r• c ~t osgnar for %A WMIAt e[ A .rrrstiye until all tYdlelsl aya s err. t• a ea LUI ',..LL f jk) failuie j,a jorvajd the Ohs~_ the ceOlealener VlthSA the t!•e air ~L.ittfA - Oa t Nitlen result/ In a waiver of al ---'~U1so"it- h u Also. it the trcnon "Arced fall/ ' k •~LDrODOaeQ n■ ~r bond Vithln the tim DravideC V t L~.lrldat n a section, the eoesi/sionfr suv !or / e • tsf~ at~a3_ o a moral for enjorcament, vv 00 a ie!lonfr by ? 9l Judicialrwlrv of 1:+4£tlr4l d~--+~-eL t o a o v e c £oow!/eioner as/esaine the Donal ace i 'fr-tom' n4afcelen t • krone. rule and Mall be lnat -AM tfAaa AfC!■r ~'^"~-ale Ad°In~ . v ' yrf~ Act. A y 1 "t LWrlet court in Travl j ou R£7-l r ! _leleteatly/ lroeedus• and Tel Mar 144 9 v n .t zoo Yfrnon'a Tf><a/ ClvSl ftatutul icon charose o • i ti c a/ 4nar tine... ~ ~ lali If the Denalty Is Eiesd t_lviofatlae ~A~'~ qua des . co`l~er._ chaff eeirlt to - '-2P-S~• DsrteA ll4stoe Dlv/ cried Interest 11 ~"St~Nr-~. • ~-Yi-.n~uLIIdiaa/ /l ~yt ~"~Q L4Ya.!L~A_et1g lEecvte s relaue o! the be; o "`~+•-=¢T~£4a+/f aaie,..r~_ '~-a--~-~s OhL _t° 1udlCi al Additlsns In bat I ~[a 4ested The aerrved Interest 68021: 0106004 by feVi/i Additions In ta:! (ndkalW by filth LEGISLATURE-REGULAR SESSWN Ch. 931 f1 wlthia the 1d-QaY Der3~ Samedla a tY teltov3ng cba d.v A.r !a tYn.E as erevtdad by f.c.l.n se ar a er Act fArtiti■ v Civil It4ultam), the jpqrsOA--Qh4rq*d VA f1~1. ~i~~/ DSM1tY Sn lull: oc al 3t the Dereon gooks tudlelal rwiw at either the lace y~~f1_4i_the amount Ns Den.lty er er both the face a v in ■nd the amount of the en. at lc.y~rd th*.14t~'t_c: ~t.a~ r.SY_z_'~£_ic?_ia::an elaNlaagC la en a/e COY ate O1L!! er fry 111 _lnat/ad of 0 ymeat into a_~ e/ rOM ■ecO nt post-with thten~_ ~e a _/i er..dea/ bend to a fora aDerev.d by the clolaaloner ter the ..coot •r 00 ,tlaetly. until all Lud3etal revlow of t)e order .r w lumL E UaL . 4k1~al_lure to forward the money to or to goat a?• m d with tea roafallalenor Within the time Dsev3dad by s b • ~~,en (f_ )13s aaction rarultf In a walyof of all legal rights to '~dte3a eV Alto. If the Der/on eharsvd falls to lorw.rd the monti er Doat W pond within _the time Drevided by tuba. r~ aartien, the 2Ommla.3onar may fgrvard ht •attar tO the - i a pars, for snfore.aant (1) ,1ud3clat i_;avlw of the order or dee3uea ; the ca./iaafenar asfee-lna the Den.ity ahall be under the ubatant~j tatd.nea Nie and shall ba lneel r d by tiling a Rqtltion with 13atf1ct tO°tt lh Tr.YI! Cognty, as Provided by _ Section 19. t~lelatrativs froeedur♦ aM Tex IS R.elatsr Act fAetiele 6252 17a P!~on'a Tasaa GSv31 Statuteal f~1 _il the _Denalty is redveed or not asae,ted. the the Dersen ch.rg•d rye aDDroor3ate ~w`Djue selrsed interest 1t th• n•nalr his isn Dald or shall falElESit♦ a eeieass et i*e b L -AL a .uoarotdoea bond me been ""s,---%Ae aearuad_intarset on AAQUats remitted by the AddithmO In tsat indksfsd by uddeffin t dsietlons by (o4mw*t • 6803 Ch' 931 69th LEG s. !"t-ltllQ ~ll LAMB REC(MAR s ION r un~e•e t GM i.EG1SLATITR$••R1 ra-~~F~ara•d on Je a rate at s1 ' j2? provide financial aulat ~4f~.1!Q/rlj~ ~~e v k ar}~~b 11 obr• through approved provider a~1' 1i43tLth_ n d F~~~.'Qe b'+. C,\~ rrryselyra and eoncentrat•a, and c ~Sl§!25! t to or dental facilities of In t? a ""~1fXsefl ant , jf fl+CSior! 7. Section 2(bl: CF s ' t'wIclatUrer. Angular S•arion, 1977 O a su Statutes), to smeefdeA0 read a rwe f CJVl1 ne e! (b) The adatalattatos nball SCC?ION 1. S ARTICI.t 9 t ('M .a•terI eeeioa 1, Chapter 771 StcTl(W 4. Chapter 274, As- Legislature, Ss9v2ar dpsiea• A^.ta of l4aalen, 1977 (Artlele 4• CJvJl Ste 1977 (Art!•la 44,,.,,. eh' 4ln /arul's chores), lr 77.7p, V4+tteua 1'erts wnd~ate read as follevee Sptutes), la wralA by addlat*Saet. Sec. I. DttINIlfOtti. In this Anti ass. S. tL10f161TYt ep- ► (1) '8esophllla• a4ans a .ts.ibir to receive ••rvi ea pr. charaetarlrtd by b! husan physical e•dtnq seeulting free a eendltl~ ears olio has a ieaal eb 91Pnat3eally deterlhlntl deficiency as•1'ttormai. a of or blood eon9u1aelen !'actor reen'a ease ared'ereswat !s !!a deficient. preeoa or hsreditartly ro'Nltlet a" e! the oarvicl@ 01021`194 by thl Plaaea 9vJaae. the ne1.1kea or a p•raen (2) 1meoftit.eer.meaete•the•hesgh4lla•etrlss now Iti21 •DePartsane" means the feRae Departw~tr00411 tool tfn,&& her the *Orson's care and tr (S4awrea►. t7 t!)..apr 1 it to bone a portion of the UPI 42pattaNa9 for the portion of the et " Nreaa.aa►a,~e•hesghlifa.a•a4ateae•. a " ((=f••r31lree••sa Pragr"*1 the depatment to the person to Nare•4~s1 or health (r•rs~rae►, ) means the ! 01 In !s1 1o 1 t Me ae t• are t 0d. O) "Adaintatrator• esMe _ In this section, 'ether aPPointed by the ra• on 114reaterl to administer etrpleyed er a Les • n StC1'1CN 2. Ssctloq 2(b). . the pregrn, pd~onR_ot the costa of blood, NO* Ceg3alaeure, Chapter, 2744 Acts of the 61ta and ether avbstaneea provided under Sogular Seealon 1977 (Article 4177.J0, Vornon'a Civil Staeuta), to uendeO to sea Teres i11 -benefits available /roe s d at lollovre (b) 7ha eepar~ant shtl:, in lA) as Insurance ncnce policy, (11 at order or or!er3:/ "dice; dental ears plans standards Of eligibility to.. aalatanea under tale p.~.lnu vr•► [Sf title lcytfi at slRie M M V'rrwa'sAna.(7r.St W1 4477-n a Ud jet the Yetarans Adainlatri sews Aan.ChSt set 4e7i, 1 l IYDI Vernat's Aaa.C at. srt. t1Y S S(bl Addk1e'k In 1•34 Indicated by IL L Venaa's Ana.CtO r13R ari 4m4% 4% f0. { W4 Q*djW doitti na by [suIMeW) Addhiom Is 1411 lnd)tatad by UM 6806 ♦ r r ~ n r n r I ~!Rll'r r\ r ~ ~i 'r rT _RP rC'Ti`° 5 R~4r~~.4^?`7 : s -.qrv. 69th LEGISLATURE-REGULAR SESSION Ch. 239 v fi[ WIcets stating a nth! petsoa ls.,auallftsd _for the 1r41taIlatIon, 4xchanee, JjtL tL a, and repair o! rsatdsntl at treatment tacitttlee the r••a• >lgard Ot Iruttk shell adopt rV taJ UTAUUhW eluees o! csrel[1est~a duration o[ Cart&Li AW and S.l1la (o) All toss ro-saved Dy e>e Isxaa DeeertmgAt Halt snclL _this section shall D• dsoesited in the State T n uurv to the credit d( the Csneral Revenue ruM r SECTION 44. Section 4, Solid waste Olspjsal Act (Artlale 4477.7, Vernon's Texas Civil Statute), if amended ry AddinQ23 3ubsectlon (k) to read as follows, 0k0(1) The department shall charge a fee o Cho tiling With the deearesent and review by c>. w.,,•,...r~t a per*it a----- "der this seetion A tee seh•d t shall oe_ado.rted by wile thet $h_ all be re ..,~onably related to one Or more gf the lollovit'q factorl, (A) the pooulati~served 1D) the •+alume o[ vue• to ra handltdf l . 1C) the type and sl:• o[ tit faellltYr or ICI :he cast of the revlyv of •-t,e EnW app11c?tIon,, 131 ^id_°par:mene shall eherge an annual h} for each folid asis facility Author•red Ar the department •o Opsratld or mal_ntstaed under this A". The dapartmsnt sha'i adopt a lee 80esule lot detsrMinina_t amount of fee ~e be chirg16 The mount of the fee shall be rsaeortablY telatsd`to ore or more oC Chs UILiovina factors, LA) :hi popuiatton served: (H) she vo:ums of waste handled, or l=) t"!_'1Te and sire oC tM faefLi~ Sam= dop+reRent (hall •h+rge an annual to* to generators of hafardous watts and tranaoor~•.• y! solid waste 'rho are rsgult~Q I to im..er with Lhe doperr_~snt Dv tuIs adn~ed ur.dar Lnts Aet ft Veman's Arn 0vSt. an 4477-7, r t rubw (kl. Additions in text indicated by nderfin ; delet)ona by (Wif+sergl 2055 Ck 239 69th LEGiSLATURF,4tEGULAR SFMION Us- e , a i r b . 69Sh LEO 131 eas na ated t t vo ume on conditions determined t e• •o vut ••at itanseortb oe beth the yelua. w W findings and decision t tef 'h• 1's e i et shall file such evidence a v t u s a b d • t• decisions With the review, raven The board ahal! tie the amounr et . (3! the party see' legt auttl•~--. yee m x en • o reviewing court shall adml• QA Ce e e . StMom SS. Section 19 exhibit. The review is Register Act (Arti Adalnlstrstlva !♦recedyre ■nd Texas jury and is confined to th, cl e 6252•13s, yernon'e Texas Civil Statutes), 11 may receive evidence of t amended by amendiagl/Subsection (d) and addingusubs•gtion (f) to occurred before the agency read as follows, (d) If the manner of revive record. authesited by law for the decision Complained of is other than by trial d• nova, agenev e.. (1) after gavice of the petition on the Agency, decision in n ,enc. . the time Permitted for 1l1tn9 an Answer ( Y. and Within of 1, re-.~nsr±tioa of the e,_,_r or suck additional time as the agency eroc•eding Viat may be allowed by the court), the agency ahall transmit to the reviewing court the original or a certified copy of the entire 1_s eonaid`er4 to a court record Of the procaedln%v under review and such agency record shall be filed with In aeeordance With the t•... the clerk of the court. ly stipulation of all parties to t1e rev:eV StCTtON Se. Section proceedings, the record may be shortened. A to read as follovs, Party unreasonably refusing to stipulate to limit the regard may be taxed by the court for the additional eosts,_.labl s!MDarty i6 (b) The mdepa ore than i as oubtect to a ut r,-adeo •d under * 334 (SiG) nor mere than . .ub••etion r n FS21ile1ng Davment of ail a acs o• StCTrCN 57. (a) cube .Dar. ei. the court to amended by •ddfagn ?•e may require or permit subsequent corrections or additions to the fotlovlr racerdi S!C 17_l._. aL 1! A£ 12) any Party e•ey spD1Y to the court for leave to present operates a oumo scale or b additional evidence AM- the ct,r,rt, if it to satisfied that the dew additional evidence 11 +neter►at oral that th•r• were qood reasons d- .s for a eoeuraretai ,ran [or the failure to en Pra•ant it in the proceeding before the agency, al-rho order teat the l The dsoaetn•nr ,4k1 tvidence be taken before the agency rtglatratton and aav nrev~w ta. Varnon's Ann C y R 6Yat-114 +uh att.fdl es. Vrrnee's Ann C iv art 6152-1 : 15 , b is. V.LC.A. A,rhrullu^r Calr, 1 0 See Irk tr. V.T.C. A. Axritultarr (""Jr. a", IJ 13.1 tit. Addit[ons In text Indicated by ynd•rlinal d•letlon,i by (atp1KAv41 Additions in text indicated 2058 • i9 1 r V . November S, 1985 + WORK SESSION (U CITY COUNCIL AGENDA ITEM T0: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM; kick Svehia, Acting City Manager SUBJ.- Consider Utility Pates RECOMMENDATION The Public Utilities Board, at their meeting of October 9 19859 recommended to the City Council approval of the propose rates Exhibit 1. An informal briefing will be held at the work session as time permits on. November Sth, with a complete presentation during the regular meeting. No formal action for approval is required at this meeting. It is antii:ipated that the rate ordinance will be considered for approval at the November 19th meeting of the City Council. SUMMAR2/BACKGkOUNL) The Utility has c6mpleted rate reviews of the retail 'Mater and Sewer rates and recomuends ,to change in these rates for fiscal year 1985-86. The Utility is continuing to review the wholesale Water and Sewer rates applicable to other municipal utilities and will nave recommendations at a later date. The rate review for the the electric system indicates that a 0.18% revenue increase is required; from $SS.3 i illion to $55.4 million. This produces a rate of return on investment of 10.21. For all customer classes to pay their fair share of the return on investment, a 7.4S% increase would be required for residential customers, a 3.751 decrease for commercial/ industrial, a 2.081 increase in governmental and a 2.991 increase in all other customer classes. (See page 2-1, Exhibit Ill). The Public Utilities Board at their October 199 1985 meeting, recommended rates that provide a total electric revenue increase of 0.251 with an increase in residential rates of 4.421, a 1.921 decrease in"commercial/industrial rates, a .521 decrease in governmental' 'service rates and a 6.451 increase in all other categories. (See pages 2-1 to 2.3, Exhibit Ig). 3979U;12 777 tj I 1 i The rate of return for these various increases is listed below: Total Res. Com/Ind Govt. Other Levelized Rate of Return Revenue Inc.% 118 7.45 -3.75 2.08 2.94 Rate of Return 1 10.20 10.20 10.20 10.20 10.20 Avg. Cost of Elec. a/KWH 8.30 9.40 7.70 8.80 9.70 Proposed Rates Fe-venue nc. .25 4.42 -1.91 -.52 6.45 Rate of Return 1 10.34 S. SS 14.89 6.47 15.43 Avg. Cost of Elec. a/KWH 8.19 8.99 7.74 8.51 10.74 The Energy Cost Adjustment is recommended to remain at 2.75e/KWII for the summer months of May through October and at 2.250/KWH for the winter months of November through April. PROGRAMS,DEPARTMENTS-OF GROUPS AFFECTED Denton Municipal Utilities, area citizens. FISCAL IMPACT SEE RATE STUDY Prepared by: R spec fully ,sub ttedo Charles rya c ve a Utility du dg t/Rate Adm. Acting City Manager Apped K.E. Nelson Director of Utilities r: Exhibit 1 1995 Electric Utility Rate Study 11 Mi,tutes PUB Meeting of 10/9/85 3979U.,13 EXCERPT MINUTES PUBLIC UTILITIES BOARD October 9, 1985 I. CONSIDER UTIL14) HATES. Nelson prefaced the rates presentation noting that the Staff had prepared rate proposals meeting the basic criteria outlio,.3d in previous Board sessions. Two rate proposals were presented. Neither proposal would fully meet the post of service allocation of cost to the various customer classes with a Itvelized rate of return. Cryan presented a detailed look at the effects on the varinu% customer classes of the proposed rates. The board asked a number of questions. regarding future rate effects and the competitive position of Denton relative to neighboring utilities. The Staff indi:ated that it is likely that over the next several years, De-..ton will again become more competitive with neighboring utilities at least for residential custome,s. Boyd vade a motion to recommend rate pru posal B to the City Council for adoption. Second by Coomes. Fo3lowing additional discussion the Board voted. All ayes, no nayes, motion carried. 2. C014SIDEK PENALTI FOR LATE PAIMENTS. Nelson presented the item which had been previously discussed by the Board. the intent is to reduce accounts receivable. In addition the penalty would allocate the costs now borne by all rate payers for receivables in excess of $100;100,040 to those rate payers who are responsible tar additonal costs. Coomes made a motion to recommend the proposed five (51) percent penalty for adoption by the City Lounctl. Boyd se,,oaded the motion. All ayes, no naye:, motion carted. WWWWWOMMONK Ql~ 40 City CouneLl Minutes [ Octobsc 15, 1985 -l-Y The Council convened into the work session in the Civi' Defense Room at 6:15 p.m. 1. The Council convened into the Executive Session to discuss Mal matters, real estate, personnel and briard appointments. Do iciit action was taken. The Council then convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. The Mayor read a proclamatiun !or Day in Court for the Denton County Legal Secretaries Association. The proclamation was accepted for the Lenton County Legal Secre- taries Association by Ms. Charlotte Allen, 1. The Council considered approval of the Minutes of the Regular Meeting of September 17, 19851 the Special Called Meeting of September 19, 1?351 the Special Called Meeting of September 240 19851 and the Rr;gular Meeting o! October 1, 1985. McAdams motion, Chpw cncokid to approve the Minutes as presented, Motion carried unanimously. 2. Conseno Agenda The following items were removed i.-om the Consent Agenda by staff- I 2.A.10 (Bid # 9531 - Greenway Plaza waterline) and # 2.A.1 (Bid # 9509 - Modular furniturel. Hopkins motion, Chew second to approve the Consent Agenda without items 1 and 10. Motion carried unanimously. Chew motion, lopkins second on item #1, the bid on modular furniture, that the spec be redrawn and rebid. Motion carried unanimously. Con3enc Agenda: A. Bids and Purchase Orders: REM)VED BY STAFF 1. Bid # 9509 - Modular furniture 2. Bid f 9520 - Side fading refuse trucks 3. Bid # 9523 - Transformer repair 4. Bid 1 95,14 - Gasoline and diesel 5. Sid 1 9525 - Police sedans 6. Bid # 9527 - Streetlights 7. Bid 1 9528 - Utility poles 8. Bid 1 9529 - Landfill excavation 9. Bid # 9530 - Brush clearing on utility easement 10. Bid 1 9531 - Greenway Pla2a waterline 11. Purchas9 Order 1 7013) to American Management Systems in the amount of $310500.00 B. Plats and Replete: City of Denton Cit}' Cot'nolI minutes Meeting of October 150 1485 Page Two 1. Approval of preliminary plat of the Peppertres Ridge Addition, Blocks 1-4. {The Planning and Zoning commission recommends approval.) 2. Approval of final replat of the picot State Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary plat of the Golden Triangle Mini-warehouse Addition, Lots I 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, Lot 2, Block 1. (The Planning and Zoning Commission recommends approval.) 5. Approval of preliminary plat of the Franks Letates Addition, Lot 1, Block 1. (The Planning and zoning commission recommends approval.) C. Change Ocders: 1. Consider approval of change Order Bid 14513 with G6S Sandblasting and Painting Company to paint the expertion of the 2MG McKenna Stand Pipe. D. Contrscta: 1. Consider approval of a contra^t with SPAN in the amount of $34,707 to provide transportation services to a limited number of handicapped persons under sixty (60) years of age vithio the City limits. (The Mrman Resources Committee recommends approval.) 2. Consider approval of a contract iith Services Program for Aging Needs in the amount of $270500 to provide transportaticn, hot meals, and information and referral services to persona sixty (60) years or older. (The Human Resources Committee recommends approval.) 3. Consider aF-.roval of a contract with Denton Citlo-W, ounty Day Nursery in the amount of !11,000 to provide 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 childrent and oily self support services. (The Hunan Resources Co.amittee reccmmends approval.) 5. Consider approval of a contract with Denton County Friends of the Family in the amount of $300000 to provide emergency shelter and counseling to women and their children who are victims of family violence, to provide counseling to victims of raps and their family, and to provide community education services concerning rape and family violence. (.he Human Resources Committee recommends approval.) City of Denton City Council Minutea Meeting of October 1%. 1985 Page Three Item 45 Has roved forward in the agenda order. 5. Resolutions A. The Council considered approval of a resolution approving en agreement by City of Denton Industrial Development Authority to issue bonds for Safety-Xleen Corp, and the bond resolution providing for the issuance of such bonds. Acting City Manager Rick Svehla reported that the Denton Industrial Development Authority had met and recommended approval of the bonds. The bonds were for an add(tion to the Safety-Rieen Corporation on the east side of Denton to help improve operations and to add facilities, The proposal was for 32,7000000 in improvements in reclaiming some of the fluids used in dry cleaning operations. Council Member Stephens asked where this was located. Svehla responded that the existing site was located on Coier Creek Road just north of University across from the Pillsbury plant. The following resolution was presented: RESOLUTION APPROVING AN AGREEMENT BY CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE BONDS FOR SAFETY-XLEEN CC AND THE BOND RESOLUTION PROVIDING r., THE ISSUANCE OF SUCH BONDS THE STATE OF TEXAS CITY OF DENTON WHEREAS, City of Denton Inds +ial Development Authority was creatrd under the auspices of the City of Denton, Texas: and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVt„ It THE CITY COUNCIL OF DENTON, TEXAS THAT: Section 1. The 'Resolution Authori{ the Issuance of City of Denton Industrial Development ~uta,urity industrial Development Revenue Bonds iSafety-Xleen Corp, Projecr.) Series 1985, and the Execution of a Trust Indenture and a Loan Agreement', in substantially the form 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, one Bonds in the principal amount of $2,7000000 may be issued parsuant thereto for the purpose of paying the cost of acquiring and constructing or causing to ae acquired or constructed the Project as defined and described there n. Section 2. The City hereby approves the issuance of the aforesaid Bonds in the aggregate principal amount or $7,700,000 for Safety-kleen Corp., and further approves the Project as describe' in the aforesaid [.ran Agreement, an,) such approvals shall be solely for the purposes of Section 103(k) of the Internal Revenue Code of 19510 as amended, and the city shall have 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 -lenton Industrial Development Authority its allocable portion of they state private activity bond Iolcme with respect to the reservation request to be filar! !pr the Bonds by the City of Denton Industrial pevelopm-,rnt Authority. NT. aY' t. ~ I'.~3(^ l' City of Denton city council Minutes Meeting of October 15, 1985 Page four Stephens motion, Hopkins second that the resolution be approved. on toll call vote, McAdams 'aye,` Hopkins 'aye,'-Stephens 'aye,' Alford sayer' Riddlesperg4et 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. The Council then returned to the regular agenda order. 31 Public Hearings A. The Council held a public hearing on the petition of Steve Yount requesting a change in zoning from the agricultural (A) to the single family (SP-7) classification on an 8.7 ac:e tract located on the south aide of Audra Lane approximately 631 feet west of Mockingbird Lane. The property is located in thq M.E,P. i P.R.R. Company Survey, Abstract 1473. z-1765 The Mayer opened the pu,,lic hearing. nr, Jimmy Owen, representing Steve Yount, spoke in favor stating that the Planning and Zoning Commission had recommended approval of the petition as had the Planning and Community Development Department. The rezoning of the tract was in conformance with development guidelines. No ore spoke in opposition. The Mayer closed the public hearing. Denise Spivey, Urban Planner, reported that this request was a straight forward zoning change from agricultural to single family with minimum 7,000 square feet lots;a The property complied with the Denton, development guidelines. It s designated as st low intensity area which were the city's primary housing areas. The proposed single family detached housing on the 7,000 square feet lots was compatible with the 9c:iton Development Guide and with surrounding land uses and zoning. McAdams motion, Alford second to approve the petition, Motion carried unanimously. B, V m Council held a public heating on the petition of the City of Denton for annexation of approximately 296,97 acres being part of the I, Coy Survey, Abstract 212, J. Ayers Survey, Abstract 2, W, 61vrleson Survey, Abstract 93, S. Burleson Survey, Abstract 219, and the R. Johnson Survey, Abstract 666. A continuation of the existing Denton city limit line from a point beginning approximately 9D0 feet south of Oanzer Road to a point approximately 2,690 feet north of Rector Road (approximately 3 1/2 miles) is proposed A-26, The Mayor opened the public hearing. Cecile Carson, Urban Planner, spoke in 'avor stating that this was an annexation along I-35 of approximately 3 1/2 miles. It did go to within 1/2 mile of the city limits of Sanger and was a strip annexation of approximately 750 feet. There were no structures or houses which were included in the annexations there were 2 business where a portion of the operation would be annexed. There were 18 reply fortis mailed to property owners within 200 feet with 0 returned in favor and 5 in opposition. Council Member Stephens asked if this was the minimum which could be annexeds was it as narrow an the city could make it. Carson respondedi yea, from a practical standpoint. Cebta Drayovitch, City Attorney, reported that the law required the city not to annex any tract which had a width leas of $00 feet. The law did not apcak to centetiines of streets. gym. i. ! i rpm, City of Denton City Council Minutes !Meeting of October is, 1935 P.Qe Five Maya Pro Tem Hopkins stated that the strip then had to be 250 feet sitter direction from the centerline of IH-35. Carton reported that the width of the strip would vary depending on the width on either aide of IN-35. Drayovitch reported that one reason for making this annexation strip 750 feet might ba to allow for control of the property abutting the interstate. Council Member Stephens stated that staff had reported the annexation would take in part of 2 businesses. The purpose of the annexation was to control the property and not to take in homes or businesses. he then asked if the annexation strip could be adjusted so as to delete the homes and businesses. Carson responded that it was her understanding that there had been no way to avoid annexing the 2 businesses due to their location and proximity to the highway and the service road. There was no way to reduce the area down to eliminate them, Council Member Stephens asked staff to provide information at future public hearings on this annexation petition on how the strip width might be trimmed down to avoid taking in any businesses or homes. Mayor Stewart also asked staff to ascertain that this was a 500 feet strip or 750 feet strip. Carson responded that this was a 750 feet strip with approximately 600 feet cn one side and 300 feet on the other siet of tho interstate. Council Member McAdams stated to the audience that the city was proposing to annex a strip going toward Sanger. The strip was presently proposed to be approximately 750 feet wide. The Council was saying the strip could be as small as 500 feet. Staff would be looking into nrrrow'.ng the strip to 500 feet which was the minimum the law permitted. Mr. Paul Belokin, owner of Martin Paul Company, spoke in opposition stating that he did not receive a notice of the annexation. Council Member McAdams asked Mr. Belokin where his business was located, hr. Belokin responded i was on I-35 on the opposite side of Milam Ao: d. Mayor Stewart stated that a 750 feet strip had been proposed. The state law required no less than 500 feet which would mean not less than 255 feet either side of the centerline of the interstate. The Council could reduce the strip to 500 feet but could not enlarge the width. Mayor Pro Tem Hopkins gave Iir. Belokin a listing of the dates of future public hearirnja on the annexation. Mr. Aubrey Turner, resident of Argyle, spoke in opposition stating that he owned a tract of land on the west side o: the Interstate in the J. Ayers survey where the railroad and the highway intersected, He was opposed because he did not have the proper information to Affirm the annexation. In the part he hah beer, involved with other city annexations and categorically the people who were taken into the city had not been helped for rang years, This was especially true in strip annexations, he understgod the, city needed to expand and to p.otect its land. His quentlon was why could not the city take in a broad rpectrum so m ild be provided. Hia property was located such that i lift station would be required for City of Denton City, puncil Minutes Meeting of October l~ ?1985 Page Six sewer service to be extended, slater and other public services would probably be many years away. This particular property would be good for industrial use due to the railroad, An industrial patk at this location would help the City of Denton. The strip annexation would kill that type development for several years, His request was that the Council give information to those persons who were Involved so an intelligent decision could be made. The intent was not to stymie Denton. Council Member McAdams asked if Mr. Turner's land fronted on IH-35. Mr. Turner responded yes, Council Member McAdams asked Mr. Turner to indicate his questions so they could be addressed at future public hearings. Mr. Turner stated he would like to know what city services could be given and the approximate time and date for future annexations in the area. Mr. Glen Goode, property owner on 18-35 and !K 1560 spoke in opposition stating that he had just purchased the property and was in the proctas of opening a small business. They currently had a Xcum telephone number, a Sanger addreos and were now being annex•)d te! phone .andH Denwatnonted to Thel wateremetec could he get currently had ecost $1200 and the sewer system cost $1500 for I buildinr;. At the ppresent time his son lived in the shop on the property and one of his concerns was what type zoning and restrictions would the property have if annexed. He could be opposed to being under the City of Denton jurisdiction because he would not want to have to come before the Planning and Zoning Com:.lesion and Council each time he wanted to do something on his property. Mayor Stewart stated that when lard was annexed, existing uses on the land were grandfathered in, All land was normally zoned as agricult,iral at the time of annexation unless there wao a pre-exieting use on the land of another nature. There were people who lived within the city limits now who did not have water and sewer as this was their choice. Mr. Goode would be allowed to keep his existiry water and sewer if he chose. Mayor Pro Tom Hopkins stated that Mr. Goode could furnish staff with any questions which he might have to be answered. Council Member McAdams asked Mr. Goode how much of his property fronted on Mr. Goode responded approximately 500 feet. Mr. Ron Roddy spoke in opposition statiny that he and Mr, Turner hate had an option on property in this annexation for 2 years. A development on this property was in the planning stages.;. The city had the extra territorial jurisdiction now and woneeredA the city would want to take a small strip and control one of the most expensive pieces of property on IH-35 and not furnish any services or utilities, Mr. Darin Goode, property owner, spoke In opposition stating that he was opposed because city facilities would not be brought to the annaked area, Mu. Virginia Singleton spoke in opposition stating that she owned a portion of property facing on iH-35 on the west side. This property had both. a fr:m for years and should continue as such. She was also opposed to higher taxes and not knowing when city services wolld be extended, Council Member Stephens asked where the property vsa located, ice r i City'R Denton City council minutes Meetiong Of October is, 1985 Page Seven Ms, Singleton responded the property was on IM-35 directly behind the Blue Mound church an3 beginning on IH-35 south of the community center. Mayor Pro Tom Hopkins asked how many toot along In-35 did she own. Mo. Singleton responded approximately 1100 feet, The Mayor closed the public hearing. Council Member Stephens asked those in the audience who were opposed to the annexation to stand, Cecile Carson, Urban Manner, reported that service plans were available at the entrance to the Council Chambers. These plane listed and described the types of services which would be provided by the Cite of Denton to the annexed property. The primary purpose of annexation was to protect development of properties around and in the extra territorial jurisdiction, Fegarding the comment made concerning an industrial park development, this property could also be annexed for the benefit of the city. All the existing businesses would become legal non-conforming uses. The annexation in question would extend to Clear Creek which was approximately 1/2 mile from the City o@ Sanger city limit. There would be no conflicts with extra territorial jurisdictions. The exfoting city limits line along 1H-35 was a 1000 feet strip, It was felt that if the size was reduced it would eliminate annexing etfLCtures. However, since some of the businesses were located so close to IH-35 it was almont impussible to negotiate around them. Staff would chock footages to see if a 500 feet strip could be annexed and ttareb.,; eliminate the businesses. Mayor Pro Tel Hopkina asked for a map of all txiating city limits lines in the annexation area at the next public hearing. Council Member Stephens stated that Mr. Turner and Mr. Roddy had mentioned development in the planning stages in the extra territorial jurisdiction and asked if staff had been contacted regarding plrnt ipproval. Carson responded no. Chew motion, Hopkins second to proceed with the annexation procedures. Motion carries unanimously. Mayor Stewart stated for the audience that the annexation process was lengthy and another public hearing would be held. The City did have limited authority in the extra territorial jurisdiction but could not control zoning. One reason for previous annekations was not to enlarge Denton but to control the growth around the city. Developments could not be controlled outside the city limits. The city had annexed areas which were in poor condition and the city had then had to pay to bring the streets, water and sewer systems, etc. up to standard. In the next 25 years, all of Denton County would be within some entity's city limits. C. 5'he Council held a public heating on the petition c[ Shaul C, Baruch for voluntary annexation of approximately 92.80 acres beginning approximately X00 feet north of Highway 77 and approximately 1450 feet east of 1.35N A-28. The Mayor opened the public hearing, Cecile Carson, Urban Planner, spoke in favor stating that this was a 92.8 acre trait on Highway 77 west of the Texas Instruments property. proposed zoning case on the property would be heard by the Pianniny aiwd zoning Commission in November. Three reply forms had been mailed with r.ro returned in favor and one estutned in opposition. No ones spoke in opposition. City of Denton City Council Minute_ Meeting of October 15, 1985 page Bight The Mayor closed the public hearing. Stephens motion, Chew second to proceed with the annexation procedures. Motion carried unanimously. D. The Council held a public hearing on the petition of Mel R. Lacquemont for voluntary annexation of approximately 59.6 acres being part of the T. Toby Survey, Abstract 1288, and beginning adjacent and we-it c.f FM 2164 approximately 3,000 feet north of Hercules Lane ;.-29. The Mayor opens' "be public hearing. Cecile Carson, Urban Planner, Spoke in favor stating that this tract was a portion of a urger 112 acre parcel north of proposed Loop 28B. A possible zociing concept plan had been discussed with the Development Review Comnittes. A zoning petition was anticipated after final annexation. The second public hearing on this annexation would be held on November 5. There was 1 reply form mailed with 1 returned in favor. Council Member Stephens asked if the larger tract extended to the west or the north. Carson responded the larger tract was already in the city limits and extended to the south and to the west. This was a 60 acre tract which was not in the City. The proposed planned development was for t:&e entire tract. Mr. Mel Lacquemont, planning and zoning consultant, spoke in favor stating that a planned development concept plan had been submitted to staff for this property. No one spoke in opposition. The Mayor closed the public hearing. Stephens motion, Chew second to proceed with the annexation , procedures. Motion carried unanimously. E. The Council held a public hearing to conaid~,r 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 one thousand dollars ($1000.00) for violations thereof; providing for a severability clauses repealing all ordinances in conflict thereoft and providing for an effective date. The Mayor opened the public hearing. No one spoke in favor. Mr. Slick Smith, owner of 3-D Portahle Sign Company, spoke in opposition stating that he was opposed to the por'.abie part of the ordinance, His objection was to the portion on page 10, Section D regarding a register to be kept of signs. He did not see any significance in keeping a register of the signs which were taken out and brought back other than to add to tat paperwork on the portable sign owners. He also nblected to the limitation of s off premise signs to peop)e who did not have the prcrer side, front and back yards to place signs. He felt this should be incteasod to 6. The Mayor Closed the public hearing. Charlie Watkins, city staff, repot'.ed that the ordinance as presented on the agenda was one which had been developed based on tae City Council study sessions, nue process requirements Lai 7y 'I, ,.~Z;i :ity of Denton City Council MIglutea Hooting of October 15, 1965 Page Nine necessitated the Planning and Zoning Commission bold another public hearing to obtain their tecommendation, The Planning a rd Zoningy Commission recommended basically this ordinance with axceptiona in 2 areas, The Commission wanted to prohibit off pr(imises portable signs in 5 years which was how the ordinance originally read when it first was reviewed by the council, The ordinance before the Council did not prohibit the portable signs and as many as 4 off premises suns were allowed per L, mess, Also the ordinance -ontained a standard which allowed 1 ground sign for every 100 feet of street frontage. The Planning and toning Cop^fasion had originally rtco~-andea 1 ground eign for c ,ty 450 fe, of frontage. Planning and Zoning Commission vas recommending aprt sl of an ordinance with the prohitiitiot of portable signs in 6 years and 1 n•ound sign for every 450 feet of frontage. The ordinance be., )r* the Council for passage all wed portable signs (4 off prAmisse sign per busim_sa) and 1 ground sign for every 100 feet of .,ctaet frontage, i.egarding the register requirement, there was a spacing standard for off premises portable signs. If a Code Enforcement person fo,?nd a 1 violation of the spacing standrd, he would not know which sign was placed first and which was placed second, assuming .hot the second sign would be responsible for the spacing staidird violation, is was the only way staff could devise to enforce the requirelwit. Mayor ',ro Tern Hopkins stated that the eglater wua ~.he only wW; staff could enforce the spacing standard portio• of the ordi-• ,ce. 1. The Council considered adoption of an ordinance repealing the existing Article 17 and other provisions relatin4 to signs and reenacting a new Article 17 of Appendix B-Zoning of the :od% of Ordi ances of the City of Denton, Texas to provide for the cegulating of aigne a d the permitting thereofr providing for a perialty not to exceed c,n thousand dollars (!1000.00) for viniations thereof; providing for t severability clausej repealing all ordinances in conflict thereon and providing for an effective date. I e folluwing ordlnrttce was pt sen.leds NO. 65-206 AN ORDINANCE REPEALING THE to.-STING ARTICLE 1.7 AND OTHER PROVISIONS RELAt1NG TO SIGNS AND REENACTING A NEW ARTICLE 17 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DkMTON, TEXAS TO PROVIDE FOR TH5 RZGVLATIN~j OY SIGNS AND THE PERMITTING THEW)Fr PROVIDING FOR A PENALTY NOT TO EXCEED UNE THOUSAND DOLLAFa (;1,000,00) FOR VIOLATIONS THEREOF! PROVIDING FOR A SEVERA$IL1TY CLAUSE! REPEALING ALL ORDINANCES IN CONFLI'T THEREOPr AdtO PROVIDIN', FOP AN EFFECTIVE DATE. Hopkins motion, chew second to adopt the ordinance as ,!.resented. Mayor Pro Tom Hopkins stated that the ordinance could to ,mended as problem areas arose in tht future. :,tephins motion, Chew second to amend the Page 90 Portable Signs, 3.A. to increase the number of off premises signs to 6 maximus instead of 4. Council Member McAdams stated tt.at r,,.zy cities were eliminating portable signs altogether. Four seemed to be a reaaonatilo place to begin. Her personal feelings were that portable signs were eyesores and she would like to see th..m removed, 1 the city was going to allow tr,em, i was enough to have. Businesses could have s!!-is at their incationr theme were the ones scattered over town. Council Member Steph.ra stated that Lusinesses did not have to have the signs but if they wished, they could have no "ore than 4 off premises signs, City of Denton city council Kinuto Meeting of October 15 1985 Page Ten A vote on the motion ko amend was taken. Motion carried to 3 ~Eth Council Members Riddlespotger and McAdams the 'nay' votes and Mayor Stewart casting , A vote on the amended ordinance was taken. On roll call vote, McAdams 'ays,s Hopkins Oaye,l Stephens 'aye," Alford 'aye,' Rtddlesperger aye, Chew aye, and Mayor Stewart 'aye." Motion C~ td unanimously. Ordinances A. The Councii considered adoption of an ordinance accepting competitive bids and providUg for the award of contracts for the purchase of +aterials, equfpnrent, supplies or services= providing for the expenditure of funds thereforej auG providing for an effective date. The following o:dinance gas pr,ea~•nted: NO. 85-201 'N ORDINANCE ACCEPTING JMPETITIVE SIPS AS1 AWARDING A CONTRACT FOR THE PURCHASI OF MATERIALS, EQUIPHE.NT, SUPPLIES OR SERVICES] PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the ordinrnce with the exception o• Bid 1 9509 which wee removed from the (.)nient Agenda. On roll cai. vute, McAdema 'aye,' Hopkins "aye,' Stephens 'aye," Alford 'aye,' A1ddl,a-3perge: 'aye,' Ch1iw 'aye, and major Stewar. * ye.' Motion carried unanimously, bids consdered adoption acceptingecompetitiveCouncil award of contracts for public works or improvementa; providing for the expenditure of unds therefore; and providing fur do effective data, 'roe following ordinance was presented: NO. 85-208 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS POP PUBLIC WCRXS OR I4PROVEMENTS1 PROVIDING FOR THE EXPENDITURE OF PUNDS THEREFOR; AI10 PROVIDING 'OR AN EFFECTIVI DATE. MCAEans motion, Hopkins second to adapt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye,' Rtephena 'eye,' Alford "aye,' niddietperger 'aye,' Chew 'aye, and Mayor Ste+ait 'aye.' Motion carried unanimously. The Council considered adoption of an or,llnince ptuvtdiny for the expenditure of funds for emergency p:rchas a of materialas equipment, supplies or services in accordance with the provirrono of state law exempting such purchases from requirerents of competitive bider and providing for at, effective date. The following ordinance was presented., NO, 85-209 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMkFGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR I~XFl71TING IN ACCORDANCE FROM TRE(IU, PROVISIONS 9 OF F COMSTATE LkW PETITIVE BIDSI AND PROVIDING FOR AN EFFECTIVE DATE. Rlddlespecler rotlon, Alford second to adopt the ordinance. On roll call vot , Mci,drmd "aye,' Hopkins 'aye," Stephens 'aye Alford `ayer' Rfi,tlesperger 'ayye,' Chew 'eye," and Styor Stewirt 'aye,' Motion cr,rrted LnanimouslY. 'i w e r -7 `7 City of Denton City Council Minutes Meeting of October 1;+, 1985 Page E Bier. council Do The considered cervlce plan'an exing approximately30/,9l adoption s of located ordinance aid South of PM 4261 east and west of Trinity Road, and south of Highway, 380 East A-23, The following ordinance was presontedr NO. 85-210 AN ORDINANCE ANNEXING A TRACT OF LAID CONTIGUOUS AND TRACT ADJACENT OR PARCEL OF E,8ND CONSISTING X P/ APBLING ALL iPOXIMATELYA304.94 ACRES OF LAND LYING AND gi'ING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS ANL BEING PART OF THE W, DUPHAM SURVEY, ABSTRACT NUMBER 330 AND M. FORREST SURVEY, ABSTRACT NO. 117, DENION COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL 'A' DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE. Stephens motion, Hopkins second to adopt the ordinance. On 011 call vote, McAdams aye, Hopkins "aye,' Stephens 'aye,' Alford 'aye," Riddlesperger "aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. 16. °he Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Services Program for Aging Needs (SPAN). The following ordinance was presenteds NO. 85-211 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN TH CITY CF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN)] AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTI APPROVING THE EXPENDITURE OF FUNDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE, Chew motion, Hopkins ascond to adopt the ordinz+ce. On roll call •'ote, McAdams 'aye,' Hopkins 'ayu,' Stephens 'ayr,' Alford 'aye,' Riddlesperger 'aye,' Chaw 'eye,' and Mayor Stewart 'aye.' Motion carried unanimously. F. The Council considered adoption of an ordinancs approving a funding agreement between the City at Denton and Services Program for Aging Needs (SPAN). The following ordinance was presented: NU, 85-212 AN ORDINANCE APPROVING] A FUNDING AGREEMENT BETWEEN THE CITY OF DENTCN AND SERVICES PROGRAM FOR AGING NEEDS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT# APPROVING THE EXPENDITURE OF FUNDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE, Hopkins motion, Chew second to adopt the ordinance. On roll call vote, McAdams 'aye, Hopkins 'ale,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'eye,' Chow 'aye, and Mayor Stewart 'aye.' Motion carried unanimously. G. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Denton City-County Day Nursery. The following ordinance was presented: it ~ 't y " N ~ fr i+ City of Denton City Ccuncil Minute Meeting of October 15, 1985 Page Twelve FO. 85-213 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAf NURSERY) AUTHORIZING THE Y,AYOR TO EXECUTE THE AGREEMENT) APPROVING THE EXPENDITURE OF FUNDS THEh1SFORE) AND PROVIDING FOR AN EFFECTIVE DATE, Stephens motion, Chew second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'aye, Stephens 'aye,' Alford 'eye,' RLddlesperger 'aye,' Chew 'Aye," and Mayor Stewart 'aye.' Motion carried unanimously. H. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Fred Moore Child Care Center. The following ordinance was presented: N0. 85-211 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER) AUTHORIZING IRE MAYOR TO EXECUTE THE AGREEMENT) APPROVING THE EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Stephens second to adopt the ordinance. On roll call vote, McAdams 'eye,' Hopkins 'are,' Stephens 'ayet' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye, and Mayor Stewart 'aye.' Motion carried unanimously. 1. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Denton County Friends of the Family. The following ordinance was presented) NO. 85-215 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY PRIENDS OF THE FAMILY) AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT) APPROVING THE EXPENDITURE OF FUNDS THEREPOREt AND PROVIDING FOR AN EFFECTIVE DATE, Hopkins motion, Chew second to adopt the ordinance. On roll call vote McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddleoperger 'aye,' Chew 'ale,' and Mayot Stewart 'aye.' Motion carried unanimously, f 6. There was no official Action on Executive Session items of 1 legal matters, real estate, personnel and board appointments. 7. The following Items of New Busihees were suggested by Council members for future agendas: 1. Council Member Stephens stated that a situat,on had developed at the now outlet at the Southridge Drive and Lillian Miller Parkway, He would like for staff to look at this intersection with the idea of Improving safety approaches. The inter section 'was hazardous and dangerous at this time and could be improved with some dozier work to irprotre visibility. Stephens asked Acting City Manager SYthla to look into the matter. Mayor Pro Tom HoFkine stated that he also was concerned and it was possible that diffetwnt sitnage might be required. °~ae~e► city of Denton city council minutes meeting of October 15, 1985 Page Thirteen 14 Mayor Pro Tom Hopkins also asked staff to give a report On the street bond program. He would like to know the status of the program before the winter weather slowed progress. Council Member Stephens praised the street crew and management for the Beal coating which had been done, 6. . The Counc,~' reconvened into the Laeeutive Session to discuss legal matti'a, real estate, personnel, and board appointmentse No official action was taken. With no further items of businesv, the meeting was adjourned. RICHARD 0. STEWA T, MAYOR CHARLOTTE ALLEN, CITY SECRETARY 1066] less >.y.DATBr 11/5/85 CITY COUNCIL REPORT FORMAT C-0 'y TO.- Mayor and Members of the City Council FROMI Rick Svehla, Acting City Manager SUBJECT: APPROVAL OF THE FOLLOWING ?LATS AND REPLATS: 1. Preliminary Plat oc the Western Vintage Estates Addition, Lots 1-8, Block 1 2s Preliminary Plat of the Northwood Addition, 11th Installment 3. Preliminary Plat of the Northridge Heights Addition 4. Final Replat of the Golden Triangle industrial Parh Addition, Phase V, Lot 2, Block 1 RECOMMENDATION: The Planning and Zoning Commission voted to approve°" the plats listed above at its meeting of October 23, 1985, SUMMARY: BACKGROUND: PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: FISCAJ, IMPACT: QRRe ful ly submitted= 6 - A Frepared bye h Manager Danlse Spi ey Urban Planner APP As JefDirector of Planning and Development 14039/1 A J77 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: November 5, 1985 SUBJECT: Final replat of the Golden Triangle Industrial Park Addition, Phase V, Lot 21 Block 1. SUMMARY: This tract is 6.8 acres located at the northwest corner of Morrie Street and Mayh111 Road, This tract is shown in the M.E,P. and P,R.R, Company Survey, Abstract 927, Denton, Texas, The property is zoned light industrial (LI), and industrial/office development is anticipated. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste are available. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. ACTION RCQUIREU: Approval of the final replat RECOMMENDATION: The Planning and Zoning Commission recommends approval, ATTACHMENT: Reduced plat Denise Spivey Urban Planner 1388g/1 run w 60601 1 own A "M I 111w1Y, w, IYtitr KAM writ, I/t NI ula r'NI of 1 14101 of IW N 11"191 N A. RI.I. 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N itr,r" a+ "11.1, v111N Ask" man .fx~.fsovrov)~ _ MCI- snip, ra.e, l '.wwnne9 art, c top wa1r11u 9191 ■ 1V 1 ,y„t a o/4 rw.i.wlu ft,~ L A M40 ' • Ref " IIR1t I~y~1, / a.aarw rr"""~.`•:NrirJ !a, e,aM I►) It Mrltw bvui hM ,yMi1look » M{1~» Yi`wWn N rf~/'flwtii/N"~F19111u. 1, 4 a7 1 r: f+ f M rl 11 M nY 1~iQtM N~K~4MM«I'I 1uli 1' I W Wlove be wNwag W rw w as ON Y 61 rFNq /YNf1 Nau Me taw ■ I"1 1r 4111 I WM' r4 M L,.,.41 of ~4 IM, U1 1M. sallas r. low am" 0 Mu ►ytnYn F/NAIL PEAAT ' IwtIIN•1 Ypes r 19160 I AV Hu to to rHf Alt I, Slot 11M 11 t yl41wW Mt60 N1/..,r of 161 k9u 110111 runt1wl I. ':NI/1. h 114 IN /wtb 4.tu4W WI Mg. LW ar-A- r5vf "Iwo, IM IN t" IN /MI wf/MtiE/9 hAn wlwl Nny to pNA.. Wo Is u Is W g11aw OWN ON u M"t Add u i/,M A W 109"119 f /hv►0►900, JPW*-t W qol ot{ WMe1. hl FINI. W plwl W M/ A411 Mh la9FH1 own follows", Ito 01"911(`1119 N that W MMA M w to a WFN Y N A pw", o A/1 --m fan wIWI/ wFwNl teat "riff off 61 N, h wwIMOW 01/100141 W 111W wF•Nf N"Nt 41#161. if pl M )V ►MIA.YI~0 A~W ~NIPPIafL I Ar, ONAMJ' aim I" we ■ lot,n "A " solids n i to ~1y of OM /I.wYIri.1I11►lM P AV Iet ed~ &W b1A4lW. AWAaNC POK par. -~Y11 nW {I, IM/1'IM Ip . 11 ,n ww1 MAR / !/Y~ M Y I'I L w. list ^pw,A1yt/ ~fis ►t r.~ MI;;y ,I.Ir n.,J' .aw .rr, NrR ql•I ..nom.. .....~~..w.w. ~.V W Lw r.r rr. 1. < l [ 1, la . 1. el M ' , {pi I 'rY rli l4 a r Ii !'1 1 CITY COUNCIL AGENDA BACK-UP ;UMMARY SHEET MEETING DATE: November 5, 1985 SUBJECT: Preliminary plat of the Northridge Heights Addition SUMMARY: This tract is 14.3 acres located on the east side of Riney Road, north of Windsor Dr, and south of Highway 77. This tract is shown in the N.H. Meisenheimer Survey, Abstract 810, Denton, Texas. The propperty is zoned planned development (PD), and residential/retirement center development is anticipated. City services and facilities, including water, gar:, sanitary sewer, telephone, electrical, and solid waste are available. ACTION REQUIRED. Approval of the preliminary plpt RECOMMENDATION: The Planning and Zoning commission recommends approval. ATTACHMENT: Reduced plat Denise Spi ey Urban Planner 1342g/3 ~ 1 1rV \ ~ 4 ~eM F'ITLi- IY't JtoOYt MVthto, 5d Pt WILD OULfsAc- fry a ~t< f \ / ` \ \ t~ jo). ~Q 15 OL r% \ ~ to t~ ~ \ by r, tR/tri "ROMMU lour ~ f ) \ ` ~Z 4 _ ETI mrN < NUK9IN CE TER 111 / ' 24 WIDE , YAANSMON i0 w ►s v o► EXISTING PAVEMENT lip Z4 4 / 11/^ I 1' i 1 + DIAA (sy r 17 i H N + Ii/ !7 1 y 16, LIE Je~ r I A --CIRCL - - r / I •1 ~ I ' a t! 1'a IMF VIP OFFSITE PAVING ON ' 1 ! EAST SIDE. II rs ! H w B IL r Y~ I -I - 8_ ~.y ti r i I t L9~.M "~SSrLt I I i ! LIT E~ u u 1 i u i u I -r--r !K t I C - •7 .s i W ~1 GIfT. 4, W ~IrJC -f i • ~...L. ( I t i~ I I f tlK- 1 • 4 f I f 1 - T .w I I I ~ N'L ~ LrM ' / f r MC Y~.I ,rtcK p j MEL It DME FI T)OOC C 1 I AOA~I'g t~ CIE 4 t !91 I I .7~ 66 NORTHRIDGE. (TRIMS r s ~ (preliminary) 1 Nootm£w,e! C'v 3r i' •!P 1. 7771, CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE; November 5, 19o5 SUBJECT; Preliminary plat of the Northwood Addition, 11th Installment SUMMARY; This tract is 7,9 acres located at the eastern terminus of Broken Bow Street and is shown in the Wesley Pogue and Daniel Culp Surveys, Abstracts 1012 and 267, Denton, Tex:,s, The property is zoned single family (SP-10), and residential development is anticipated, City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste are available. The plat conforms to the minimum requirements of the Denton Subdivision and Land Devel'Pment Regulations. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATIONS The Planning and Zoning Commission recommends approval. ATTACHMENT; Reduced plat &ULM DersJA V6.V- Urban Planner 13689/4 1 rw w 1 ~ i"`~ OrRM1}f Cllq/M r 1/ Iyr / 11 1 1 a 11/1 L. rl..r M. ~,•r K IL ~ I--- r./ , r M ,Iw r 1,,,V~ m`~ ' /I/IItl ~ • I6r 1111 w'/ ~ L ' \ r1N _ I 11.11/NM Yr. ~ yy ;R \ 1 / tIYN I 1 \ K ' e+Nr err Or4 11 f Y/ } i~~ ~ all m Rr wrr I` / ,/ice/~~. \'-1 - ~1 ® uLHr Y ' ~ lAt11RIR1R/ !Ke! e~ Northwood AddRion•Itth Inttoll wl IRt 6811 /e6N M-M 0.0" A" >w1 ,rrlM N eR s"o In 1../ wwr M w/ em a tRR+ovtuoa6 ee0~04 RE VIST1/D ~ 11t4-ra.a.`r xxwr [1 cl~mult K+n wtolnoR+rar M w11~wwY/Id RECCIVEG ocT 7 1Qf}v~ eoRln ~°a~ ~4lte,we 1 1~71fN UM KwM 16.1 Y. fM No RII Y. /1,tl r I i ,y z CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: November 5, 1985 SUBJECT: Preliminary plat of the Western Vintage Estates Addition, Lots 1-81 Block 1 SUMMARY: This tract is 21 acres located on the east side of EM 1839, north of Hickory Hill Road. This tract is shown in the J.A. Moon Survey, Abstract 1483, Denton, Texas. The property is located in the extraterritorial jurisdiction and single' family development is anticipated. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. Water service will be provided by the City of Argyle and sewer service by individual septic systems. A road built to City of Denton estate type road specifications must be provided. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval. ATTACHMENT: Reduced plat . I 4AA ~A, Denise Spi'veyry- Urbar Planner 131.6p! dog vi r lurrllg F.. 6 04) dolt; L-" M.w Iw. t ~ . f! !b's0 sly N t..y.. ~4,. W4 .;q ( r7ir ro' /Yl•(;"'~J 991 1 wil"w:~-' f • i~ r., rr sl Y-~ r to' - 4 NJ A. Lo~rl .'L'f"'.~"'-'I.. , 1d' . ti' 011 1 l 41A. 1, or • ~ r I i / t rl~J.. ~ n Z III 16NIN,.1 ..Nw~a F r.. 4..1.1 ( ~ I A. ~I . n./,// 1 !%i•I/7TH-.`•"I'~-. . ! r / q(; '4' y~♦s• ` I ~ ~ ~ gyp. 8 br J 1► rr 1 ~_I// I owt 1. .1.rr T. r P r11• .I•r, 1r. ~0~,'I~.' 11~ ..Y 1."-rra° t 14 1 all r 1/11• 11.' 1 f. .I i III A. a ■ya,.,` , i 1 1 r III P 1 1 Kr ' 1~' _ r A..r fl -Y • / ll ~t~w J' R.. r.-/ - rt ! f ✓.YII ► ~.T / I trio) M i.L. J W•n.•• S.rnr, .'111•L/N11111 110• S} 00 w i. 1361 71 1 _~_......w ` WMI~ AR.Ar! in. '7'' ..ri rr,r ~.xa'1e"k...a?1.,. _.';r-r:rw....,..........».. _'p~ ' PYIYC~Ey2~ M.1'l w1.Y f! ~i'rr•~i~l•~,'ti'. .~....4,rt../..,ido ►f111MM/AI ltlf 11 T HIM VIHTA68 69TA1E$ I IY,IY f'tl"C L-lk A1LL../ llo ~r'~:~itir~2i.~~+~L:if.1.'wZri.Mrvi.• . A~ ~ ~1--~ i` t ..'u+cx►rc..zusr_. Ifs I ++y. h...er wi R ~ V f 1. s001 /u■Yt1 TI ..~~♦1~' '~.1 ".:T.~^~~~!`•t~n ~ 11•M•N 11. fool 1t ; L.J.iN'iQai .T". •.•IN •••r/.. 1/1r1 J s.s~Yf:..ss"~ils.:.?~..P,~d~ ....rr.r1.1 1 1 .li_ i~ V►/Ly~.,~W M.yl, rK ...•r a. y: i ~~.y.~~~ X WLf11lCtA/lllaMa fW A -S ..r•.rl•rr r~wMr W'. '~.•,`l~l~~'~ 1Y~.~.•MY.r1YrF/N • r i .r ar~.rA,'`Wr r~■1•ll ,rrrr+r.rr RECEIVED UT 1 7 1985 ~ ! 1 li 1f a ~ ~ !y~ ~ . III bW 1i DATE: November 5, 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svdhla, Acting City Manager SUBJECT: CHANGE ORDER BID #9410 WOODROW SPENCER TIE-IN RECOMMENDATION: We recommend this change order on our Bid #2410 to Jagoe- Public be ckanged to increase the contract amount of $6,723.45 for a new total protect cost of $93,135.65. SUMMARY: This bid was awarded to the lowest and most responsible bid, Jagoe-Public Co. for the amount of $86,412,20, We have found now that this change or-ler is necessary (see attached), so we can deduct lime and stabilization expense of $89738.75 and add for extra depth of two inches of asphalt base at a cost of $14,058.75. We also are including the cost of a driveway that may need to be built at a cost of =1,403.45 for a total contract price of $93,135.65. BACKGROUND: Bid Proposal Sheet Proposal for Change Order Memo. Jerry Clark PROGRANS, DEPARTMENTS OR MPS AFFECTED: Streets FISCAL IM1F!NT: Street Bond Funds. There is no additional impact on the General Fund. Res ully submitted: t R1ck Svehl Acting City Hanager Prepared by: -14 C sc~sf o n J, Marshall, C.M. t1e Purchasing Agent Approved: 1 R~ h at'c a . P, tle: '-Purchasing Agent 9410 . ° 1L0 p..L410 Sp9wn-WOOM TIR-U HO 1AN14-CZON smart ~!i ~irar~on aid Ouae Xxt Total 100 Prapsrati4n at Risht-of-wer IN* $Us ; 110 Unclassified axcavatioa /L's~ =-~-0+ 1217 C.Y. /Q,Y• 132 Computed rill 730 C.Y. Oo 260 6" Line subpeado *.O o ;•~~~s.°~ ~ 4495 s,Y. : _.Lj~ /s,Y, s-~~,tr3~ 264 Typo A»aydrated Liao 310-A1 1 1/~" L 40 TO11, $441 /T,1t~ pwt lay. trp• "a" 4073 a.Y. 310-42 1 UP Asphalt Bus Type "D" 4075 S•Y, /s 433 Concrete Ripoap =~9S•Y, •t1:.~3' ' 16S•A 4s ~ 33 L.I• s~.~i:.°Q " IS L,I, 465-1 16" aalatr cads (Qii) i oo,~ 410 Juaotioa Bo: i t,A. x. ; $?Z Coaorat• Curb and Gutter 1 a.A. i''Ap0•~=/a•A. =may Sib L.I. 4.Z.M /L.I. ' =„~gQro • $24 Courate ►latwork 23 s.Y. =,Jg,LrIS.Y. t,~.99 110 ,TOTAL = p t, 2 p +Pop. <.P, 73t.7S, r 7, 673.5 j~ c~d rw o f r+ c, h a f rr: K ' Y ~as e • 0 7 s' t•Y. p 3,~fr.~s,Y. Al, 0 SOP87S 9/0' 732,20' hdd ~rc~p_waY ILI rt r'~ 1 1 ~r .'1 r{r4 >f. ld 1"S '.I W f I y 1 vl 'r~ ~i~ iP JAGOR-wPURUC COMPANY GENERAL OFFICES F. 0. Box M DENTON, TEXAS 4121= October 15, 1985 Hr. Jerry Clark, City Engineer City of Denton Municipal Bldg. Denton, Texas 76201 Dear Jerry, In regard to our conversation pertaining to the cost of adding two inches of type "O" HKAC to the Spencer-Woodrow Tie-In, bid 194100 we calculate the cost to the City so follows: Present contract amount $ 86,412.20 Lose Lime 4 Preparation (8,738.75) Soil P-Io below 12 Add two inches of Ty "0" HKAC Base 0 830. per ton or 4,075 S.Y. A $3.45 per S.Y. 141058.75 New G _.ract Amount 8 91,732,20 The Trivera Cloth will cost about 82.00 per S,Y., but will not give you the extra strength that the two inches of hot mix will give you. i a y o a, . 1 V.-Pres--:inanca r~. , J rsa I CITYO/DENTON,TEXAS WNICIPAL BUILDING / DENTON, TEXAS 76201 TELEPHONE (81?)S66-8200 I MEM.0" ANDUM DATE: October 18, 1985 TO: John Marshall, Purchasing Agent FROM: Jerry Clark, City Engineer SUBJECT: Change Order Bid 09410/Spencer-Woodrow Tie to Please present to the City Council our request for a change order for the above project. Two areas need to be addressed: 1. Since the PI of the soil was less than 12, lime stabilization isn't effective. To insure a good solid pavement on a road that will have very heavy traffic loads Immediately, we would like to add 2" extra asphalt base to the project. We feel this will insure the future stability of the road by providing a ppavement more resistant to the heavy truck loads. Bnclosed is a letter from Jagoe Public showing the adjusted contract amount. Additional cost is $S,32 which s a 6.11 increase in the project total. 2. A driveway may have to be funded by the City of Denton for the 7-Up plant on the west side of Woodrow Lane. Total additional cost for the drive will be $1,403.45 for 46.5 square yards. The new contract total will be $93,135.65 Fleas advise if further information is needed. . D ~t~r-,.% u JerryClar City Engineer ' OCT is 1985 sr 00344E CITY OF DDITON PURCHASlMO oEpr 1 j° M1 November S. 108S CITY COUNCIL AGENDA ITEM (x , , TO: MAYOR AND ME4BEKS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager SUBJECT Consider Final Payment - CIP Project Payne Drive Water Line Bid 09463. RECOMMENDATION The Contractor has successfully completed the project, and the City Utility Department has accepted this 12" water li d for operatir l and maintenance. The Public Utilities Board, at their tibecing of October 16, 198S, recommended to the City Council that the final sum of $13,216.62 be approved for payment. SUMMARY/BACKGRUUND The Public Utilities Board and, subsequently, the City Council, have approved award of the lowest bid to DPW Utilities Company, The Contractor has completed the work, and the City staff has tested and accepted the line as being complete. This request Is for the approval of the final payment in the amount of $13,216.62. This is a 12" water line on Payne Drive, running from 135W Service Road to Westgate Drive, PROGRAMS, DEPARTMENTS OR GROUPS AFYBCTED City of Denton Municipal Itilities, City Engineer, Contractor and Citizens. FISCAL IMPACT Budgeted Five Year CIP $100,000.00 Original Contract Award per Lowest Bid $84,904.64 Actual Ao ount of Work Completed 488,100.80 Less Previous Payments - 74,884.18 Less 01 retained 0.00 Net Due Final Payment (this request) $13t216.62 Source of Funds: 623-008.0461.9138-7968 Water Bond funds 3979U:7 r'^T~r '?Rig «p x u-c..r 61r ' .r' It should be noted that the actual cost is over the original contract award by 53,196.16. This is due to 372 L.Feet of 12" ductile iron pipe installed in the I35W bore (inFtead of PVC material as called for in the bid sheet) at an extra cost of $1,253.64. In addition, 21 L.Feet of extra PVC 12" pipe, 190 lbs of ductile iron fittings and 2 cubic yards of concrete were used due to existing field conditions. It should also be noted that the actual total cost ($88,100.80) is less than the budgeted amount of $100,000.00. Prepared by: Res qt lly s bmi ed, Srini Sundaramoorthy c ve a Civil Engineer Acting City Manager Approved by:: Irv E. e son Director of Utilities "XHIBIT I Location map 11 Pay request III Minutes PUB Meeting of 10/16/85 3979U:8 t r ~ . le ♦ e ry v toll OP'!z'►;V'L..f• .12"GV•L . I sr oevaLOms , 7n AU OVERf1I6 AG~~`Amrs . 3a°°' a~ N cly r z WAi6tu 17E v tix.. • r ~Ms .,.I p'1 i .r,. u yn/ f-, lies D/FW UTILITY C0,,,, INC. UN69ROROUND UTILITIES v e I'! r- i Quality is ford remembered q,?er money Is jorlorren P.O. Solt 15314113602 CONFLANS IRYINO. TEXAS 7SMj 71i06 790-602 790-7576 1 ) Tot_ CITY OF DENTON,_TEXAS Dale _SEPTEHSER 26, 1985 MUNICIPAL BUILDING REVISED OCTOBER 3, 198 Estimate No- 2 a EISA DENTON, TEXAS 76201 Period Iron 8-25-85 to 9-.~~ PAYNE DRIVE WATERLINE CONTRACT 19463 P.O. 06824 tCl!/TION Of fTUA ti✓rtl URN pl t«r s~ meow" l,MweM pow t• W-1 12" PVC STATER MAIN LF. I 1847 1868 24.12 45,0,16.16 W-2 12" GATE VALVE EA. 3 2 900.00 1,800.00 W-3 8" GATE VALVE EA. 1 0 600.00 -0- W-4 6" GATE VALVE EA. 3 3 385.00 11155.00 W-5 STANDARD 4' BURY FIRE HYDRANT LBS. 1263 1763 2.00 2026.00 W-6 24" STEEL BORE b CASING LF. 350 357 100.00 35000.00 W-7 6" PLUG EA. 1 1 100.00 100.00 W-8 CAST IRON FITTINGS LBS. 0 190 2.00 380.00 CHANCE ORDER /1 SEE LETTER OF 08-06 85? W-1A 12" D.I.P. LF. 0 372 3.37 1,253.64 EXTRA tIORK CONCRETE ENCASEMENT Cy. 0 2 65.00 130.00 D/F'W UTILITY CO., INQ, j' Total Work Completed - $88,100.80 !y r Extra Wotk A Materials on Hand. Sub-Total _ Title MEASURER Lest A*talnage._ APPROVED, Previous payments $14,884.18 2.6% Let* Charge Interest on p oevlovs t3alance•..•.• !n91nee► Not amount dut this Estimate L$1 :2L 6.6:245#4 At4tMd rEXCERPT FROM MINUTES PUBLIC UTILITIES BOARD MEETING October lb, 1985 • r r r 5. CONSENT AGENDA A. FINAL PA W BN TS Boyd made a motion to approve final payment to Dickerson Construction Company on Loop 2881Spencer Road waterline FY 85 CIP Projects, and final payment on Payne Drive waterline. Second by Thompson. All ayes, no nays, motion carried. November 5, 1985 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ".1ck Svehla, Acting City Manager SUBJECT Consider Final Payment to DICKERSON CONSTRUc:TION CO., for Loop 28d/Spencer Road Water Line, FY 85 CIP Projects. RECOMMENDATIUri The Public Utilities Board, at their meeting of October 16, 1985, recommended to the Council approval of the final payment to Dickerson Construction Company in the amount of $58,764.53. SUMMARY Tne Contractor nas successfully completed this project, and the City Inspectors have tested the line and found it to be satisfactory. This request is for the approval of the final payment in the amount of $58,764.53 to the contractor. BACKGROUND The City Council, at its meeting in March 1985, approved this contract to the lowest bidder, Dickerson Construction, in the amount of $497,058. Subsequently, change order 11 was also approved by the Council, August b, 1985, in the amount of $20,b26.32. this change order was to extend a 12" line across Loop k88 to Morse and Marina Streets to provide adequate fire flow to the predominantly commercial/industrial developments in that area. The contractor has successfully completed the project, including the change order. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton Municipal Utilities, City Engineer, the Contractor and citizens. 3979U:3 r:.~ 5( t 'T FT'i?Tr T4 .t i 4 '4 Ji 9 p FISCAL IMPACT Loop 188 and Spencer Road water lines, Bid 19391, budgeted FY 85 CIP (up to University Drive). $759,500.00 Original contract approved by Council $497,058.00 CO 11 approved by Council 20 526.32 Total approved by Council. to date $5179584.31 i Total work performed $522,296.26 } Less percentage retained $0.00 Less Previous payments -$463,531.73 1 Net Final Payment Due (this request) $S80764.53 Source of funds: 623-008-0461-9138 (Loop 288 WL) 623-006-0461-9116 (Spencer WL) Water bonds I The actual cost is $4712.26 higher than the original total contract award. Due to the existing gas lines in the ground, the water line had to be routed around them. In addition, due to State requirements, the 20" water line had to be routed along the right-of-way line at Loop 288-Spencer Road intersection. This resulted in an additional cost of $3,180 in special kinds of concrete fittings. Also, two fire hydrants intended to be installed in the future were actually installed in this contract. These extra items, which could not be anticipated at the time of original contract, amounted to $4,712.26 in higher cost. Prepared by: R poct idly ub fitted, Srint Sundaramoorthy v Civil Engineer Acting City Manager y A 7pro e~, K, b. so Director of Utilities EXHIBIT I Final pay estimates Minutes PUB Meeting of 10/16/85 3979U:4 rr DICIWON CONSTRUCTION CONMIYt, INC. P. 0. Box 181 Celina Texas 75009 QZ) 382-2123 PERIODICAL ESnMATB FOR PARTIAL PAMDIT j 1 Periodical Retisate No 4-Final Period 9-1-65 To i Ag Name of Owner, City of Denton ,Address Va nonfn„ c ~7~ Lem per, r r iiriq ~..wrr-7 Type of Project Bid'Al AT #67174 Sstinated Contract Cost Aie w,t n~ FJl Descript ion Unit Quons CoMpleted Unit Total to Date Pric Amt, 24" Waterline 4520 4525,23 38,50 74,221.36 20" Waterline 1. f. 6575 6774,93 32,80 W-1C 12" Waterline ,217,70 W-2A 2/0 valve each 3120 3 1011 18,00 18,198.00 1 W-28 20" Valve each 5 8 3950400 119850,00 f W-2C 12" Valve each 9 7 2750.00 22,000.00 / W-20 8" valve each 1 790,00 5,530.00 1 W-2E 6" valve each 40 38 495,00 F~So W-3 Fire Hydrant each 7 9 37 00 13,300.00 W-4A 1" Air Release valve 775,00 6,975,00 or' (24" line) each 2 2 500,00 1,000.00 f W-48 1" Release valve (20" line) each 1 1 450,00 450.00 W-6A 20" Plug each 2 2 560,00 1,120.00 W-6B 12" Plug each 3 3 W-7 210.60 630,00 J 30" Bore & casing I.f. 90 90 135.00 12,150.00 W-8 Cast Iron Fittings ibs, -0- 2.50 12" x 12" x to tee each 2 2 850.00 10700.00 12" x 12" x 12" tea each 3 3 772.50 29317,50,/ 421 Concrete encasement c,y. 40 35 70.00 2,450.00 ✓ 340 Type 0 Asphalt ton 10 5 65,00 325,00 Additional Fitting attache -0- attached -0- 31160.00 / Rock Excavation c.y. -0- 115.30 20,00 2,306.00,/ Totai Value of Work Perfomed s - 30z,41S.5b Materials on Eland -0.. - o - Total Value of Work to Date --50?,9,10.56 50=,e15-SIX. Less Amount Retained -0- V ° Less: Amount of Previous Payments 446,084.60 4~5, 63q to B4LA?IC8 DUS TKIS MTtMATS 56,771. 4L AICUFMON CONSTRUCTION CONVAW, INC. P. 0. Box 101 Colintexas 75009 (2Z) 382-212) MIODICAL WLMAT9 MI R PARTIAL P- ArigNTT j 1 Periodical Sstimate Nor 4-Fin3r_ Pori od.l. Name of Owner City of Qontae Address Denton TX 76201 Spencer Road 611 0t "2 'type of ProJsot__Bid 1!9391 P`Q. #7d4-?d'_ Satimated Contract Cost $ Itea / Deooription Unit Quail. Completed unit Total to Date Price Amite W-10 8" Water main 1280 1236 11.20 1'0843. W-20 8" Valve each 1 k 2 495.00 9Qp W-2E 611 Valve each 40 2 350.00 700, W-3 6 fire Hydrant each 7 7 775.00 1,550.0 W-5A 3/4" Copper Services each 6 6 250.00 1,5011.^ W-58 1" Copper service each 1 ' 400.00 400, W-5C 2" Copper Service each -0- 1 800,00 800,0 340-8 Asphalt type D patch tons 10 1.5 65.00 97,5 Total Value of Work Periomod $i9-~"- - S$0.10 Materials on Hand -0- c Total Value of Work to Date _ l , p 1 t, $8o, T D Least Amount Retained -0- Lesst Amount of Previous Payments Er44-'-r~3- 17,091 61 BALANCE 017E THIS ESTIMATE .r DICKERSON CONSTRUCTION CO., INC. P. 0. BOX 181 - CELINA, TEXAS 75009 - (214) 382.2123 OR 382,2761 October 1, 1985 I City of Denton c/o Engineering Denton, TX Att: Jerry Clark Ref: Loop 288 Waterline Dear Jerry, This is a list of changes that was made to the Loop 288 waterline bid #9391 after the submittal drawings were approved by the city. These prices are exactly what Gifford-Hill-American Inc., charged us for these services$ This does not include any additional money for extra concrete or change in pipe laying procedures. Pipe 048-B7 45,000 bend sta. 0+55,20 G.H. Inv.05704 $ 541.00 #48-86 40,900 bend sta. 1+02.50 G.H. Inv,#5704 520.00 #13-85 41,910 bend sta. 1+61.50 G.H. Inv.#5704 520,00 #PX-21 Short pipe cut chg. H. Inv.05693 84.00 848-CSI 2411 closure section Welding icea'-8+55,53 G.H. Inv.#5559 772,00 g serv G.H. Inv,116124 255.00 Cancellation charge (as per letter dated 6/7/85) 20" GK'• x 20" M,J.P,E, adapter w/ /411 4 aa. 20" short pipe cut3chg,t0d$71u0?eea. 204.00 284,00 $3,180,00 Sincer ly, Lewis Dickersc, 'n DICKERSON CONSTRUCTION CO.) INC, LO/ch EXCERPT FRUM MINUTES PUBLIC UTILITIES BOARD MEETING October 16, 1985 1 S. CONSENT AGENDA A. FINAL PAWNTS Boyd made a motion to approve final payment to Dickerson Construction Company on Loop 288/Spencer Road waterline P Y eS GIP Projects, and final payment on Payne Drive waterline. Second by Thompson. All ayes, no nays, motion carried I DATE: 11/5/85 CITY COUNCIL REPORT FORMAT TOs Mayor and Mombers of the City Council FROM. Rick Svehla, Acting City Manager SUBJECT: PUBLIC HEARING FOF ZONING CASE 2-1756 RECOMMENDATIONS 1',e Planning and Zoning Commission considered this item at its meeting of October 9, 1985 and voted to recommend denial of Z-1756 by a vote of 4-2. SUMMARYs This is a request for a change in zoning from the agricultural (A) district to the planned development (PD) classification on a 27.3 acre tract located at the southeast corner of FM 1830 and Hobson Lanee BACKGROUND: Even though this project complies with intensity and concentration policies, the planning and Zoning Commission was concerned about the effect the development would have on neighboring property owners, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT. There to no impact on the general fund, spec ully bmi dt R ck ve 1 Prepared bys Acting City Manager Denise Spivy~ tian Planner Apps V Jeff Me e[ Director of Planning and Development 1103g/3 s. ii PLANNING AND ZONING COMMISSION REPORT TO THE CITY COUNCIL I To: Denton City Council Case Uo.: Z-1756 Meeting Date: November 5, 1985 GENERAL INFORMATION Applicant: Burke Engineering 406 S. Carroll Blvd, Denton, Texas 76201 Status of Applicant: Owner's engineer/representative Requested Action: Change in zoning from the agricultural (A) classification to the planned development (PD) classification, If approved, the planned development will permit the following land uses: 1. Generwl retail - 2.25 acres 2. Multi-family (MF-1) - 5.68 acres, total of 120 units 3. Duplex - 6,61 acres, total of 60 units 4. Triplex - L E4 acres, totaA of 18 units 5, Gardenhomes - 3.74 acres, total of 15 units 6, Townhomes - ::,7 acres, total of 28 units 7, Open Space - 3.35 acres Location and Size: Approximately 27,3 acres located at the southeast corner of F,M, 1830 and Hobson Lane, Existing Land Use: Single family reiiidence Surrounding Land Use and Zoning: North - Residential, Vacant! A, LI South - Agricultural, Residentialt A East - Residential, Vacanti A, SF-16 West - Townhomes, Multi-family, Convenience Stored LI, PD Denton Development Guide: Area is designated as low intensity, (Case Z-1756) Page Two SPECIAL INFORMATION Transportation: The property has frontage on F.M. 1830 and Hobson Lane, secondary major arterials. 80 feet of right-of-way is required and perimeter street paving regulations are applicable. Multi-family and general retail area should be served by collector sized streets. Drainage: 3.35 acres of this plan are contained in a drainage easement and flood plain. A channel, as shown on the plan, will be required. Detention is necessary to handle the effect of this development. Sidewalks will be required as per the Subdivision Regulations. Public Utilities: Developer will need to extend a minimum 10 inch sewer line 1,900 feet west to the existing 18 inch co-ed interceptor and across the property frontage on Hobson Lane. A pro rata agreement can be drawn up to cover this serer line extension, A 16 inch water line must be extended from Hobson Lane east of this project approximately 2,550 feet. ZONING HISTORY On June 12, 1985, the Planning and Zoning Commission denied a request for a change in zoning from the agricultural (A) district to the planned development (PD) district at this location. That planned development contained tine following land uses: 11 General Retail - 3 acres 2. Multi-Family (MF'-1) - 7.02 acres, total of 146 units 3. Duplex - 5.1 acres, total of 60 units 4. Triplex - 1,0 acre, total of 18 units 51 Gardenhomes - 4 acres, total of 15 units 6. Townhomes - 2,6 acres, total of 30 units 7. Open Space - 2.2 acres The Planning and Zoning commission was concerned about the concentration of retail and multi-family land use in the area and voted to deny Z-1740, The Commission approved the revised request at its* meeting of August 14, 1985, by a vote of 5-0. (Case 8-1756) Page Three ZONING HISTORY (continued) Due to a problem with the public notification process, the City Council voted to refer this item back to the Planning and Zoning Commission at its meeting of September 17, 1985. The Planning and Zoning Commission denied the re0 sed petition at its meeting of October 9, 1985. ANALYSIS The property is located in a low intensity urea which ip designated by the Denton Development Guidfi as one of the primary residential areas of the City. The following analysis rates this proposal for compliance with Developi7ent Guide policies for diversified developments in low intensity areas: 1. Strict site plan control for protection of existing nearby subdivisions is provided through this planned developmeo . Access to this development will be prnvi,ded through two secondary major arterials--F.M. 1830 and Hobson Lane. 3. The overall density/intensity standard will not be violated when this development is completed. 4. Approxtmately 3.35 acres of open space are provided for open spare and drainage purposes, A swimming pool and club house are provided for recreational purposes. 5. The developer has been advised to contact property owners in neighboring subdivisions, 6. The 2,25 acre; of general retail use plus the existing 1.4 acres of retail at the corner of F.M. 1830 and Fort Worth Drive is slightly under the four acre retail limit in a low intensity area with 3,65 acres devoted to retail use. 7, The 120 proposed multi-family units plus 50 existing units on the west side of F.M. 1830 will total approximately 170 units, below the limit in a low intensity area, RECOMMENDATION The Planning and Zoning Commission considered this item at its meeting of October 91 1985 and voted to recommend denial of Z-1756 by a vote of 4-2. The denied petition contained the following recommendations: 1, Development standards for the duplex area shall be consistent with standards listed for the 2-P district in the City of Denton Z,.)ning Ordinance. These standards shall include lot size, lot width, lot depth, lot coverage, setbacks, parking requirements, and permitted land uses, (Case Z-1756) Page Four RECOMMENDATIONS (continued) 2, Development standards for the triplex area shall conform to City of Denton zoning ordinance standards for the SF-7 district, except that minimum lot size shall be 90000 square feet, 36 Development standards for the gardenhome area shall be consistent with City of Denton Zoning Ordinance standards for the SF-7 district, except that one building wall may sit on a side lot line, 4. Development standards for the townhome area shall be consistent with SF-7 district standards, except that structures shall be attached and minimum lot size shall be 2,700 square feet, 5. Development standards for the multi-family section shall be consistent with standards for the MF-1 district, 6, Development standards for the general retail section shall be consistent with Zoning Ordinance standards for the general retail district. 7, No detached signs shall be permitted in the development, 8. Landscaping plans most be included with specific site plans for the general retail and multi-family areas. ALTERNATIVES 1. Approve petition with conditions 2. Approve petition without conditions 3, Deny the petition ATTACHMENTS 1, Location Map 2. Concept Plan 3, Intensity Studv 143 5. Rsply Form' Totals Prdp~rW owner L 6, Planning and Zoning Commission minutes ; fAVA4 It}1e 12, 1985 meeting Planning and Zoning Commission minutes of the-hgust l4 r' 1985 meeting 8, :Planning and Zoning ro;tfisQicyn minuted Qf the-October. 9r-~... -2985zmgeting. 1016a 1 S•3 r~ S•3 / L I I W' I 1 l <n 1 -47 00 tZool756 , ,.1. ' 1 PO-115 i 1 ~~•Ilr.wY I L ' I w'iL rrrl~. Ina 1 1, I I I : t i ' ♦t!1 ' 4c .._.,y . 1 4 t to iT 1! ME twfrr}! •..w I r •m ► " :I q 1.4 a P ` • to .wrw •Yr Lr + r N ,1 IIIi.. LL N' L ► IL >L1.9M011L ELI w Y M Y L. r :a 0 it Lr ■ a1 f4. 'Alrl/f : wrr' L* N LI Los x T _ 1► N r► i• W►' it if L& u .1 rL . loss SA n re 11161 s1 xr. „ _ AL 14 &1 is &1 $0. Orr, I d K w~r~,.y...ru tlI •rrr ./jr r'Mrr•:4 r 1 J ~ , ~ ►w•M .wt1 • Y w rI•ri Mr is rw i~ r l:,, N • .wr~gYr~r.i "'.11.x. j~l ~ i +N,~.rwl.W rrp:ep •r r{•ter..ll" • M ~w VIT•~a.~fw , R_ •'L . N y j1,u~INN:1~i7,iJk}i,'{~jr~...I~~,,1.1•..' 11' 1 . 15S 1 I It + Ji=1 !•l~/~~r ~ r • ~r.....r yliMN~~p~r~Jwy~llyy/~~l~N{V{1 i 1 ,i Supy E L~iNE~KQ' p..J, d 1046 • ' • 1 ..L.fL:11raII~IIM w ROOM LAND USE INTENSITY STUDY AREA 643 Hobson Lana - Montecito Drive - Ryan Road - Santa Fe PAilroad Hwy 377 Estimate existing land use in gross acreage and calculate trip generation in arear Acreage Trips/Day 1.40 ac C/CR X 650 ld/ao - 910.00 7.35 so MF X 200 td/ac - 1,470.00 .85 an Duplex X 100 td/ac . 85.00 I 89.25 ac SF-16 X 20 td/ac ■ 1,785.00 46.40 ac SF-10 X 34 td/ac in 10577 60 I I :OTALSt 145.25 ac 5,827,60 td Z-1756 includes: Acreage Tri s Darr 2.25 so C/CR X 650 td/ac - 1,462.50 5.68 so MF X 170 td/ac - 965.60 6.67 so Duplex X 90 td/ac - 600.30 2.84 ac Triplex X 60 td/ac - 170.40 3.74 ac harden X 40 td/ac - 149.60 Homes 2.70 ac Town X 100 td/ac - 270.00 Homes 3.35 so Dark X 30 td/ac.- 100.50 TOTALS. 27.23 ac 3,718.90 td Estimato current zoned land in area and calculate the intensity of current zoning on vacant land. Acreage Trips/Day 557.77 ac Agric X 30 td/ac - 16,733.10 3.60 ac SF-16 X 20 td/ac - 72.00 4.15 ac SF-10 X 34 td/ac 141.10 PD-35 includes: 2.35 ac Park X 30 td/+:c . 70.50 44.00 ac SF-10 X 34 td/ac - 1,496.00 le.65 ac Duplex X 100 td/ac 1,465.00 11.00 ac MP X 200 td/ao ■ 2,200.00 TOTALS: 637.52 ac 22,177.70 W Intensity 60,750.00 Total intensity standard for area - 50827.60 Minus intensity currently used in area - 3,718.90 Minus intensity for 1756 - ?2L991.60 Minus intensity on vacant zoned land 28,208,90 Amount of unallocated intensity based on current zoning on vacant land This area is 561 under the intensity standard based on existing land use, if this proposal is approved the area would be 461 under the intensity standard based on zoning. 77 77-," 77' PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1756 IN FAVOR IN OPPOSITION UNDECIDED Tom Jester None Received P.O. Box 280 Denton, TX 76202 fro: v a, r1, c „ sl~~ 4VQ -01(.w ~ 4 ZO _ ooo~ 310 t oooo~ VV ~ t 6 'Y ~I 6lll 0 G A/P X4. 01 ,o . 0 - X1_ r P d Z Minutes June 12, 198S Page 2 Seven notices were mailed to property owners within 200 feet; no reply forms were received in favor or in opposi tton. PETITIONER: Greg Edwards, repre!;fnting Roddy Enterprises, owners o the property, stated that he has worked with the city staff in developing this site plan to be sure that it complies with the Development Guide. IN FAVOR: None present. OPPOSED: Ms. Eileen Powell stated she Is concerned with the density of the area, that there is already an existing large mobile home park south of them. STAFF REPORT: Ms. Carson stated property is located in nfity area, that approximately 18S multi-family units are planned. She pointed out that petitioner had changed the general retail portion of site plan to neighborhood service. Proposal will generate approxi- mately 5,600 trips per day which will not exceed intensity standard. No Development Guide policies have been violated and staff recomosnds approval subject to condttiorfz. REBUTTAL: Mr. Edwards repeated that petitioner has 0 owe Development Guide policies and stayed within intensity requirements. He asked that Commission recommend approval to the City Council. Public hearing closed. DECISION: Mr. Juren moved to recommend approval of Z-1737 su ect to the following conditions: 1. A solid masonry wall (minimum 6 feet) shall be con- structed between the neighborhood service area and the zero lot line housing and along the east side of the neighborhood service area. 2. A solid masonry wall (mintmum.6 feet) shall to con- structed along the west side of the multi-faintly are,... 3. No detached signs will be allowed. 4. No parking will be permitted in the front yard. S. Multi-family and neighborhood service areas shall be landscaped. 6. Off-site road improvements on Paige Road to I-3SE will be regjired, specifically paving a 24 foot section. 7. Development standards (setbacks, lot sites, lot depth, lot width) for the single family (SF-7) and multi- family (MF-l) areas shall be consistent with the standards in the City of Denton Zoning Ordinance and with Article 7, Section B, Primary Residential Uses, cf the Zoning Ordinance. S. The neighborhood service area shall be consistent with the uses permitted in Article 7, Section H, Retail and Service Type Uses, of the City of Denton Zoning Ordi- nance. 9. The zero lot tines will have a minimum S,000 square foot lots (SO x 100) and shall be consistent with the develop went standards for single family (SF-') unless otherwise shown on the comprehiensive site plan. Seconded by Ms. Cole and carried (6-1). 14r. Claiborne voted no. B ~Z-17lO, Petition. of Burke Ensineerinp, representing 7Zfd"8dlew requostin a change in zoning froa the agri- cultural ~A) c±assif~cotton to the planned development (PD) classification. The property is loc.ced at the southeast corner of FM 1830 and Hobson Lane and consists of approximately 27.3 acre. The following land uses are proposed for the planned developments P b Z Minutes June 12, 1985 Page 3 General Retail - on 3,00 acres Multi -Familyy(MF-1) - on 6,00 acres total of i/6 units Duplex - on S.17 acres total of S2 units Triplex - on 1.80 acres total of 18 units Gardenhome - on 1.00 acres total of 16 units Townhouse - on 2,60 acres total of 30 units Open Space - on 2.12 acres PETITIONER: Brian Burke, ref-resenting Joe Belew, stated Th_9T"t ey-have worked with staff in developing the site plan, that this is the second site plan submitted, He sold the plan offers housing diversity, access Ii provided from both FM1830 and Hobson sane. They see no Insurmount- able problems and are asking for approval. On question, he said adjacent property owners were not contacted as Forrestridge is about 1S00 feet away and across FM 1830. is mostly apartments. IN FAVOR: None present. OPPOSED: Millard Heath, 1830 Country Club Road, stated his concern is the amount of traffic that would be gene- rated by this development, r,pecifically on Hobson lage, that he doesn't see how Hob::on can handle additional traffic traffic onnFMI830, that itais he very narrow street and is a main, th roughfare. He continued that he Is also concerned thou: planned retail area, that he is opposed to retail starting south on FMI830 as he thinks It would continue. Ile requested that retail area be eliminated and streets be improved before project is completed. STAFF QG2'?RT: Ms Spivey slated that property is located Tn ITie-Iow-fntensity area designated by tAe Development Guide as one of the primary residential areas of the city. Proposal meets Development (uide requirements as it is a planned development requirirg site plan approval, open space and recreational area is provided, overall intensity/ densityy standards will not to violated, and access !s pro- vidid by two secondary major arterials, Hobson Lane and F'11830. Developer will be required to provide paving, curb and gutter along Hobsor Lane frontage and there will be some improvement along 1830. A roximately 146 m.iti- Farily units are proposed which will make a total of about 200 units including the existing units across 1830. Devel- opment Guide policy limits multi-family concentration to zoo units so this policy will not be violated, The pro- posed three acre general retail area, together with the existing retail area at 1830 and Fort Worth Drive, slightly exceeds the Development Guide concentration policy of four acres of retail in a low Intensity area. Staff recommends approval with conditions. REBUTTAL., Mr, Burke stated :hat with the two existing a"i< etrials they feel general -.*etall is a reasonable request. He said b5 hai reviewed the conditions suggested by staff and they will comply with these conditions, On question, he said they have nothing definite at the present time for the general retail area, public hea-ing closed. P` { Z Minutes June 12, 1985 Page 4 DECISION: Mr. LaPorte moved to recommend approval of Z-7Ttt1-Subject to the following conditions: 1. Development standards for the duplex area shall be consistent with standards listed for the 2-F district in the City of Denton Zoning Ordinance. These stan- dards shall include lot site, lot width, 'ot depth, lot coverage, setbacks, parking requirements, and permitted land uses. 2. Development standards for the tri-plex area shall conform to City of Denton Zoning Ordinance standards for the SP-7 district, except tat minimum lot size shall be 9,000 square feet.. 3. Development standards for the gardenhome area shall be consistent with City of Denton toning ordinance standards for the SP-7 district, except that one building wall may sit on a side lot line. 4. Development standards for the townhome area shall be consistent with SF-7 district standards, except that structures shall be attached and minimum lot size shall be 2,700 square feet. S. Develo went standards for the multi-family section ' shall go consistent with standards for the MF-1 district. 6. Developp went standards for the general retail section shall be consistent with Zoning Ordinan:o standards for the ggeneral retail district. 7. No detacAed signs shall be permitted in the development. 8. Landscaping plans must be incuded with specific site plans for the general retail and multi-family are^s. Seconded by Mr. Pearson. Chairman commented that he has reservations about the general retail area and thinks it should be about two acres. He also expressed concern about multi-family concentration, He said, howevar, that petitioner has made an honest effort to protect residents of Forrestridge. Mr. Juren maid he objects to retail and multi-family concentration, Mr. Sidor commented that he questions the need for so many apartments in area, also the need for additional retail. He suggested that petitioner revise his plan to include more single family and zero lot line and reduce the number of apartments. Vote was called on motion: Aye - Cole LaPorte, Pearson Nay - Claiborne, Escue, Juren, Sidor Motion failed 3-4. Mr. Juren moved to recommend denial of Z-1740. Seconded by Mr. Gidor. Vote was called: Aye - Claiborne, Escue, Juren, Sidor Nay - Cole, LaPorte, Pearson I Motion carried 4-3. C. 2-1542. Petition of Tommy Corporation N.V., represented -1 Ids, Edwards { Associates, Inc. requesting a change n toning from the a ricultural (A) t~assiftcation to the Planned development 1 PD) classification n on 60.38 acres, The property is located north and east of Edwards Road and shown In the Gideon Volker Survey Abstract No. 1330, The following land uses are proposed for the planned develop- sent, 1 n >l P i 2 Minutes ' Auoust' 14, 198S Page 3 Chairman Claiborne stated that both gentlemen have served as chairman of this body and he holds them in high esteem especially after having served in this chair. Andy "!dor accepted "Resolution in appreciation of Andy Sidor" stat%-n that it had been a pleasure to work with Commission and staff. 11. MINUTES: It was moved b Mr. Escue, seconded by Ms. Brock 3'id ullantmously carried (S-0) to approve the minutes of joint meeting of the Plannin and 2oninj Commission and the Parks and Recreation Buard of June 19, 985. It was moved by Mr. Escue, seconded by Ms. Cole, and unanimously carried (S-0) to approve the minutes of regular meeting of June 26, 1985. 111. CONSENT AGENDA: It was moved by Ms, Cole, seconded by r. scue, an unanimously carried (S-0) to approve the consent agenda as follows: A. Recommend approval of preliminary plat of the Arts Council Addition, Lot 1, Block 1. - B. Approval of preliminary and final plats of the Ford Properties Addition, Lot 10 Block 1. C. Approval of preliminary and final plats of the Matt Addition, Phase II. D. Approval of preliminary and final plats of the Merritt Addition, Lats 1 and 2, Block 1. E. Approval of final plat of the Township 11 Addition, Second Installmeat, Lot 1, Block A. F. Approval of final plat of the Windsor West Addition. G. Approval of final plat of the Woodcreek Addition, Lots 1-S, Block 1. IV. PUBLIC HEARINGS A.1 Z-17S6. Petition of Burke Engineering requesting a change in zoning frog the agricilltural (A) classifi- cation to the planned develop went (PD) district on a 27.29 acre tract at the southeast corner of FM '1950 and Hobson Lane. If approved, the planned development will permit the following land uses; General Retail - 2.25 acres Multi-Family-1 - 120 units on S.6 acres with a density of 21.1 units per acre Duplex - 50 units on 6.6 acres with a density of 9 units per acre Tri-piex - 18 units on 2.8 acres with a density of 6.3 units per acre Townhouse - 28 units on 2.76 acres with a density of 10.1 units per acre Gardenhomes - 15 units on 3.7 acres with a density of a units per acre Recreation, C)en Space and Drainage Areas - 3.35 acres bight notices were mailed to property owners within 200 feet; one reply form was received In favor, no reply forms were received in opposition, PET M ONERI Brian Burke, representinj the developer, Stated s plan differs frog plan which was denied by Commission earlier, that overall intensity is reduced by about !i percent. He said that general retail area has r, P 3 t minutes August 14, 1985, Page 4 been reduced by 15 percent, Multi-family area has been reduced by 18 percent, townhome area has been reduced by 8 percent, and garden home area has been reduced by 6 per- cent. The duplex area has been increased by 15 percent. He continued they are proposing a solid screen along the southern property line throughout the multi-family area and there are trees and bushes along the western boundary line of multi-family area, He stated they mailed a copy of this site plan to all property owners within 200 feet and discussed It with those they were able to reach. Chairman asked if there was an increase in densityy of developable area over last plan and Mr. Burke replled no, it is decreased, that the only increase is in number of duplexes, IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Spivey stated that property is located in a ow intensity area which area is designated by Devel- opment Guide as one of the primary residential areas of the city. A request on this property was denied by the Planning and Zonin Commission on June 12 as Commission was concerned about the concentration of retail and multi- family land uses. The new plan has reduced those areas where problems existed. She continued that Development Guide policy limits multi-family in a low intensity area to less than 100 units, they are proposing 120 units which together with the SO units across FM 1830 totals less than 200 units. Development Guide policy limits general retail in low intensity areas to 4 acres, the proposal of 2.25 acres together with the existing 1.4 acres is below the 4 acre concentration policy She concluded that overall intensity/density standard is not violated, multi-family and general retail concentration policies are not violated, open space and recreational areas are provided, access is provided by two secondary major arterials. Staff recom- mends approval subject to conditions. REBUTTAL: Mr. Burke advised that Dr. DeBerry had expressed concern to him about general retail area nn FM 1830, He wanted it on southeast side of development rather than on southwest side. fie also was concerned about paving on 1830. On question about moving general retail area to southeast side, Mr. Burke said his main concern was access, that traffic would be carried through interloi of property if retail area was on southeast side of development. He added that flooding is no concern, sanitary sewer would br, a concern. Mr. Burke further stated that four people were present in favor but did not care to speak. Chairman asked if anyone in audience was in opposition and one person so indicated. Public hearing closed. DECISION: Chairman Claiborne stated one of his objections was multi-family traffic on 1830 also he was in favor of a row of duplexes to buffer sinttfe family area. However, compromises have been made and Ere supports this particular plan. He moved to recommend approval of 2-1756 subject to the following conditions: 1. Development standards for the duplex area shall be consistent with standards listed for the 24 district in the City of Denton toning Ordinance. These stan- dards shall include lot site, lot width, lot depth, lot covers e, .etbacks, parking requirements, and permitted and uses. t P 6 Z Minutes August 14, 1985 Page S 2. Development standards for the tri-p.ex area shall conform to City cf Denton Zoning Ordinance standards for the SF-7 district, except that minimum lot size shall be 9,000 square feet. 3. Development standards for the gardenhome area shall be consistent with City of Denton Zoning Ordinance standards for the SF-7 district, except that one building wall may sit on a side lot line. 4. Development standards for the townhome area shall be consistent with SF-7 district standards, except that structures shall be attached and minimum lot size shall be 2,700 square feet. S. Development standards for the multi-family section shall be consistent with standards for the NF-1 district. 6. Development standards for the general retail section shall go consistent with Zoning Ordnance standards for the general retail district. 7. No detached signs shall be permittee, In the develop- ment. 8. Landscaping plans must be included with specific site plans for the general retail and multi-family areas: Seconded by Mr. Appleton and unanimously carried (S-0). B. Z-1763. Petition of Mike Ramos requesting a change in zoning from the single family (SF-7) to the light industrial (LI) classification. The property Is located at the southeast corner of Frame and Uland Streets. -The tract is described as Lot ZS, Block 16S, of the Townsite Addition and shown in the BBB end CRR Survey, Abstract No. 18S. If approved, the property may be utilized for any use permitted in the light Industrial (LI) classifi- cation by the Denton Zoning Ordinance. Fifteen notices were mailed to property owners within 200 feet; two reply forms were received in favor, no reply forms were rece!ved in opposition. PETITIONER: Brian Burke l1 engineer, stated that request s or g t industrial tLI) zoning on this property. on question, he said he didn't know the intended use. Chairman noted that this is adjacent to a recently approved planned development for mini-warehouses. Bill Uland owner, stated this area is very depressed, that dilapidated rundown houses exist in the area. He said there are five vacant houses within a three block area. He believes this would be an improvemerkt and doesn't know anybody who objects. On question, he said he isn't sure what use will be, probably warehouses. IN FAVOR: None present. OOPOSED: None present. STAFF REPORT: Ms. Carson advised that City Council apprWRT I-planned development for mini-warehouse use on adjacent property in 1984 after a straight light in- dustrial zoning request was denied in 1983. She said staff had reservations for fear something of this nature would occur. She continued that this is a low intensity area, it is a low income area, ■0stly occupied. She pointed out that preservation of existing housin` is a priority of the Development Guide and althou h tfia area is somo4what depressed staff feels it should ge preserved. She said it is in an area where CDBO fund: are available for rehabilitation of existing housing. She added that VPI P b t minutes October 9, 1985 Page 2 A. Z-1756. Petition of Burke Engineerin re nesting a change Tn zoning fro% the agricultural (A) classification to the planned development (PD) district on a 27,19 acre tract at the southeast corner of FM 1830 and Hobson Lane. If &p- (UNAPPROVED) Droved, the planned development will permit the following and uses: General Retail - 1.25 acres Multi-Family-1 - 120 units on S,6 acres with a density of 21.1 ur.its per acre Duplex - 60 units on 6.6 acres with a density of 9 units per acre Triiplex - 18 units on 2.8 acres wth a density of 6,3 units per acre Townhouse - 28 units on 2.76 acres with a density of 10.1 units rer icre Gardenhomes - 1S units on 3.7 acres with a density of / units per acre Recreation, Open Space and Drainage Areas - 3.35 acres Seventeen notices were mailed to property owners within 200 feet; one reply form was received in favor, four reply forms were received in opposition, and forty-eight rapt y forms were received in opposition from persons not on the mailing list. Mr. Juren asked about the difference between gardenhomes and townhomes. Ms. Carson said that gardenhomes are detached with a density of four units per acre and the townhomes are attached with a density of ten units per acre. PETITIONER: Tom Jester, attorney, stated that this planned evblopment had been approved by Planning and Zoning Commission and went on to the City Council. He added that a question was raised about the notices and if they were property mailed. He said that it was suggested by City Council to send it back to Planning and Zoning Commission. Brian Burke stated this proposal was exactly the same proposal as it was before when it was approved by the Planning and Zoning Commission. Ms. Brock asked if there were any provisions for sidewalks, common park area, and recreation. Mr. Burke said that typically sidewalks on at least one side of the street were required by regulations. He added that there would be playgro nd equipment in the general area provided for community use. Ms. Cole asked if they had met with the homeowners. She added that she noticed their concern was with the retail, Mr. Burke replied yes. He added that he used the same mailing list as the city and encouraged the people to come in and talk with them. He said that the people were against the general retail and multi-family. He said that he did not talk to forty-eight people, but to four or five face-to-face and six to eight on thha phone. Mr. Claiborne asked Mr. Burke to review the technical improvements such as the drainage, street improvements, ctc. Mr. Burke said that all streets are standard and in hccordance with the subdivision regulations. He said that the fire department is satisfied with the access through the project. He said that they will have to make large offsite extensions on the sanitary sewer, He added that all other services have been addressed and are availsbie. ti i ,s r r gr v~ .e F'4 Z Minutes' October 90 1985 Page 3 Mr. Juren asked for an estimate of actual structural and parking on the 2.25 acres for general retail. Mr. Burke said the floor area ratio was 40 percent. He said approximately 40,000 square feet was structural and the remainder was parking, sidewalks, and nor.-structural uses. As. Brock asked if they had thought about preserving the oak trees that are now in the general retail area. Mr. Burke said that it was not on this plan but !t was in the back of their minds for the future plan. IN FAVOR: None present. OPPOSED: Howard Watt, attorney, stated that he was rep wanting six landowners west of FM 1830 and that they are within the 200 feet requirement. He said that he had two major points that needed to be discussed. He said that two months ago on June I; an almost identical plan was rejected by the Planning and Zonin Commission by a 4-3 vote. He said the difference is It from the first proposal to the second propposal there was a change of 269 units to 241 units. He sold if they were talking about density per acre, then it was not a sl nificant difference. He said since no ona was there in opposition at last Planning and Zoning Commission seetinS, the Planning and Zoning Commmission felt that either the questions had been addressed or that the opposition no longer existed. He added that obviously them is opposition. He said that the second point h, wanted to mako was according to the Denton Development Guide the Hobson-Teasley area is not to have either a major or moderate activity center, but only lox intensityy (predominately bangle family, very limited neighborhood service small isolated apartments, townhouses, etc.) He added tat there are potential problems in developing this area and are as follows: 1. Very unusual intersection at Ft. Worth Drive and Hobson Lane. He said that it would create a traffic nightmare that can only get worse if apartments are added in this area. 2. Major change in Hobson Lane all the way to FM 1830 to where FM 1830 ends. He asked if city was prepared ani willing to spend the money to widen Hobson Lane. 3. Increased need for police and fire departments, 4. No need to cut down the pretty trees and add more concrete. He said that he would like to see the retail cut out and to keep the density to 4.5 or 5 units per acre. He added that the fire years of hard work on the Denton Development Guide should not be ignored and that there is no justification for this kind of zhange. Milliard Heath, 3030 Country Club Road, stated that he lives dirt-6.1y across the street from what would be the apartments in this proposed development. He said that at the first hearing he asked why couldn't the apartments be turned around to Hobson Lane and he added that it was not considered. He said that there was not an adequate buffer zone for the apartments. He said that there was no need for additional retail zoning because Highway 377 offers several miles of retail frontage. He added that if this zonin i,t allowed, requests for retail will be made up and down Robson Lane and FM 1830. He scid that the neighborhood has been established for years and they did not want additional development that was not c.)nsistent and compatible. He aided that his main concern was that zoning should protect the surrounding landowners. .:y ~ `v~ r a x_.t ~x Sr ~ x " l~K ~ :a + •~~i c r ~ 4 " ~ k' `t Y d:., P 6 Z minutes October 9, 1985 Page 4 Mr, Claiborne asked if he was aware of the second hearing. Mr. Heath said yes, but that he was out of town at the time. Mr. Juren asked if ie was Sh agresment with the townhomes, gardenhomes, duplexes and tciplef'es. Mr. Heath said that e would accept anything tha•; is consistent with excepption of the apartments and general re.mtl. He added that he believes that this arer Is ideal and that he sees no reason to change it. . George Olufsen1 2931 Santa Monica, stated that his main concern was accessibility. Barbara Byrd 17 Rolling Hill Circle, stated that her main concern was future traffic conditiono on Hobson Land and N 1830 if this proposal is approved. STAFF REPORT: Hs. Carson said that this proposal has been brought to Planning and Zonin Commission on two separate occasiu.:s prior to the presen time. She said on June 12, a proposel was brought to Planning and Zoning Commission by Burke Engineering which was denied by Planning and Zoning Commission at the tiso because of feeling the property was too dense. This same proposal was presented to the Flanning and Zoning Commission on August 14, 1985. At that time there was a reduction of 2S percnt in the most intense uses 18 percent in the moderate intensity uses, and the duplex area had peen increased. She added that Planning and Zoning Commission ap roved t9o revised plan by a vote of S-0. This proposaI ~s back y direction of the City Council because of problems with the availing list and possibility that tax records for the City of Denton might be inaccurate. Area is 56 percent under intensity standard at the present time with S60 acres of vacant propperty. Approval of this proposal would require the revaining 560 acres to be developed at SF-7 or larger to stay under intensity standard. She referred to Development, Guide policies stating that: 1; Concentration and separation policy for multi-family is not violated because it does not exceed 200 units; 2) Concentration and separation policy for retail, commercial and office is not violated because it does not exceed I acres; 3) Access to collector streets or larger is not violated because the 1830; these streets way trequire esignali:ation Lane and FM property is located at realignment in the future; 4) Diversified housinf policy is not violated because there is diversity of housing within the development; S) Protection of existing housing and neighborhood preservation is violated because of the multi-tamlly being directly across from the duplexes; 6) Access to open space and pparks is not violated because 3.35 acres Is provided; 7) Buffering of existing land uses and toning Is violated because it does not protect existing residential areas. She stated that the ,ietghborhood input poliy has been met because they have met and talked with a number of people in the neighborhood. She said that based on Intensity standards and acceptable items, staff is recommending approval with conditions. She added that any conditions such as sidewalks on all streets in development, landscaping pplan, and a site plan showing existing trees would have to go approved prior to building permits being issued. Hr. Juren asked what was the maximum height of structures In HP-1. Ms. Carson replied three stories. Mr. Juren asked if the access to collector streets is edequste, then why do the people in this area experience difficulty? Ms. Carson said basically there are problems because of existing development in :he Area. She said the property in question is at the west and of Hobson Lane W it has P 8 Z Minutes , October 9, 1985 Page S little or no development. She said the only development pre the duplexes and fourplexes that are located on FM 1830. She said that the traffic flows generally from Forrestridge and Monteclto towards Teasley to 1.35 or from Teasley to Lillian Miller to I-35, with a small amount to 377 She added because of "Soso factors the Development Review Committee felt there was not a major impact on these streets because of this development. Mr. Juren raked for a clarification on the votes of the last two occasions that the development was up before Planning and Zoning Commission. Ms. Carson said that on June 12, the vote was 4-3 and or. August 14, the vote was S-0 according to the officially adopted minutes for the Planning and Zoning Commission. Ms. Brock asked if there were any long range olcr= for Highway 377. Ms. Carson stated that she was not aware of any proposals. Mr. Clark said there is a plan byy the state to have it In their 40 year plan to widen Ft. Morth Drive to 1-35 to I'M 1830 to a four lane road but that schedules are not always met. He said toning cases are based on intensity studies and not on the capacity of the roads and that there is reason to believe that the intersection will be slgnslired eventually. He said that James Street may have to be rerouted and that the Commission had the option to make the developer do so. Mr. Bllisos asked it them wo+sld be traffic management problems if this area developed as single family. Mr. Clark said yes !nd that it comes down to the issue of the funding for signaiitation for the intersection in question. Mr. Claiborne asked if Hobson Lane was going to be rerouted. Mr. Clark sold that the only street to be rerouted was Jame3 Street to Bernard up north to N 1830, Mr, Appleton asked if Tessie1~ Lane wos increased in width would 4t provide any relief in this area. Mr. Clark said that it would eliminate back flow problems. Mr. Ellision asked for clarification of moderate intensity policies. Ms. Carson sold that the Development Guide encoure,ed residential development of overall density f 4.6 units per acre and that it discouraged any major development of multi-family that would violate Development Guide. She said that it gives special emphasis for rasidential development but that it must follow Guide policies. She sold that the diver3ity does not violate the density or the Hobson-Teasley policy. Ms. Byrd said that she felt that a traffic study had not been done for this area and that IS there war trhn and where was it done. Ms. Carson said that Ifoor~sh Slysi, transpgortation engineer at the time of the original petition by Randy Smith at h'obson and Teasley, conducted a traffic study of this area. f'r. Ellison stated that it was not it formal study and thorough examination of the traffic and transportation situation, but a staff person doing traffic fenerations. Ms. Carson sail that there vas an actual traffic count at the time during specific cives of the day. REBUTTALS Mr. Jester said that the general retail was aae a y 25 percent, add the apartments were reduced by It percent. He sssid as for is the traffic wss concerned on Hobson Lone, there was onto a proposal to improve it and that they wort met with large opposition against it, 7' grR6 [ lr, ~ y' 't-ri P i' Z'Hinutes October 9, 1985 Page 6 He said that he thinks it is ♦ good and workable plan and that stthatirtheytcanandH0 $aidlI.atehe trees didnttdunderstand about tha ptoblez with the noticas because he had always received his notice. He said that Denton is growing and needs places for people to live. He added that the people come and then the streets are built to them. Public hearing :lose-J. DECISION: Mr. Claiborne stated that he would like to sUaTrwy -two issues. He said that the first time this petition was brought to the Commis3ion his objection was the protection of the existing single family dwellings In the area particularly on FM 1850. He said that he suggesteb a buffer tone back to the south side of this development In consideration to property owners across the street. He added that this plan versus the original plan has a lot of merit. He said the second issue is the most important chsracceristic of the Development Guide, the- preservation of tine neighborhood. He a;;ded that this is a very important issue to the Commission. Mr. Juren said that the general retail is not compatible with this particeaular stele He said that he wouldn't want MF-1 in this ar. He added that the only way to get around the traffic problem was to aJapt to it. Hr. Appleton stated that obvtovsly there would be relief sometime in the future. He said that he voted in favor last time and that he maw no reason to change his vote, Hr. Appleton moved to recommend approval of Z-17S6; seconded by Mr. Escue. Vote was called: Aye - Appleton Escue Nay - Brock, Claiborne, Cole, Juren Motion failed (2.4). Mr. Juren moved to recommend denial of Z-1.756; seconded by Vs. Cole. Vote was called: Aye - Brock, Claiborne, Cole, Juren Nay - Appleton, Escue Motion carried (4-2). Y.. V ..i • fig'.. n ..1+. '»s.♦ Y IV 11/5/85 DATE.. CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: PUBLIC HEARING FOR ZONING CASE Z-1770 RECOMMENDATION: The Planning ind Zoning Commission considered this item at its meeting of October 90 1985 and voted to recommend approval of Z-1770 by a vote of 4-2. SUMMARY: This is a rEKILLEat for a change in zoning from the two family (2F) district to the plai►ned development (PD) classification for office use on a 0.4 acre tract located at the southeast corner of West Prairie and Carroll Boulevard. BACKGROUND: Even though the project violates the protection of existing housing and older nelghbochoods policy and the strip commercial and Carroll Boulevard policies$ the Planning and zoning felt that this request merited its approval. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: There is no impact on the generhl fund, Re ectf lly su itted: Prepared by: A::ting City Manager r:JGS/ j k /Lja4',: Denise Spivey Urban Planner Appr ed Jeff Meyo[ Director of Planning and DeVelopment 14039/1 r} y R , R a~'7-, 't ~ 3 .e'Cn iti'_" ~T S' .a.{•:?r PLANNING AND ZONING COMHIS£ION REPORT TO THE CITY COUNCIL To., Denton City Council Case No. Z-1770 Meeting Date: November 5, 1985 GENERAL INFORMATION Applicant: Dale Irwin 419 S. Carroll Blvd. Denton, Texas 76201 Status of Applicant: Prospective Owner Requested Action: Change in zoning from two family (2F) to the planned development (PD) clasatfication for office use.. Purpose: office building Location; Southeast corner of West Prairie and Carroll Boulevard .Size: An 0.426 acre tract Existing Land Use: Single family residence Surrounding Land Use and Zoning: North - Two family, single family, office; 2F, 0 South - Two family, single family, right-of-way, day care center; 2F, S-162 East - Two family, single family, iaundromat; 2F West - Carroll Boulevard, multi- family; MP-1 Denton Development Guide: Area is designated as high intensity. Case No. 2-1770 Page 2 SPECIAL INFORMATION Transportation: Carroll Boulevard and 10 feet of reserve right-of-way adjoin this property to the west, West Prairie is a narrow residential street that provides immediate access to this site, Ingress-egress to the property will be provided by one curb cut located on Prairie Street. This curb cut is located as far from the Prairie Street/Carroll Blvd, intersection as possible. An office presently exists across West Prairie, north of this site. Vehicles sometimes park on the street. Additional office or high intensity development will complicate matters further and dump additional commercial traffic on a residential street, Parking: One space for each 300 square feet of floor area is required for office (O) development. 22 parking spaces are required and 25 spaces are shown on the proposed site plan. Physical Characterilitics: Tolpography slopes upward slightly towards the south, Vegetation con- lists of trees and grass. A single family residence is in place at the site, Public Facilities: The property has frontage on Carroll Boulevard, a primary major arterial requiring 120 feet of right-of-way and Prairie Street a collector requiring 60 feet of right-of-way. A finished floor elevation based on 100 year water levels will need to be established during the platting stage., Sanitary sewer capacity is sufficient for this project but a fire flow test will be required to determine water capacity to this site. I J Case Nc. Z-1770 Page 3 HISTORY The Planning and Zoning Commission denied a request for unrestricted office zoning on August 10, 1983. The petitioner appealed the decision to the City Council which voted to deny the request at its meeting of September 6, 1983. ANALYSIS This site borders Carroll Boulevard and is located in a declin- ing older neighborhood. An office use is located across the street and this request for planned development office zoning conflicts with Development Guide policies encouraging protection of adjacent and surrounding residential uses. Protection of existing housing and older ceighber.hoods, and encouragement of development where public facilities capacity is available are two baric objectives of Denton's overall growth framework. West Prairie Street does not provide major street access for high intensity uses and continuous approval of 'piecemeal" up zoning and redevelopment severely threatens neighborhood stability. As reported time and time again, older neighborhoods and existing housing stock are given priority sti%t.s in current long range community goals. When zoning star. ity is not maintained in areas such as this, there is littAe incentive for proper maintenance of residential prop- erttes. To put it in more graphic terms, some individuals may be fortunate enough to see their property so3d and redeveloped for high intensity or high density purposes, but the prospect of every parcel being affected is slim at best. Those residences and individuals that remain doserve protection. The county's decision to acquire property along West Sycamore for office and/or parking facilities has created an aura of uncertaircy and speculative thinkinj. The office at the north- east corner of Carroll and West Prairie introduced additional high intensity use to the neighborhood. Approval of this re- quest will, in the estimation of staff, have additional negative impact on an area that is already in danger of totally losing its once stable residential character. Several area property owners have commented that they too will seek rezoning of their tract. Several local developers and realtors have questioned staff about what they perceive as a shifting change in policy and a greater chanca to introduce more office, retail and commercial. L, r w .i..1 irk . I. /'l r i M rd Case No. Z-1770 Page 4 SUMMARY Approval of this request will allow additional commercial traf- fic to flow through a residential area and down a residential street. The Carroll Boulevard and West Prairie int,3rsection will also be impacted. This is a high intensity area, but policies requiring preservation and protection of existing and surrounding housing stock are being neglected and staff feels that additional up zoning will have a severe negative impact on neighborhood character and stability. High intensity land use at this site will also diminish the strength of policies dis- couraging strip commercial and high intensity development along Carroll Boulevard, The proposed site provides 25 parking spaces while 22 spaces are actually required by City standards. Front, side and rear yard setbacks either meet or e;*ceed City requirements. The curb cut is located at the furthest possible point from the Carroll Boulevard/Praitie Street intersection and a landscaped buffer is included in the side and front yard areas. In summation, while staff is opposed to this zoning request, it has attempted to secur9 the best possible plan for the site if the request should be approved. RECOMMENDATION The Planning and Zoning Commission considered this item at its meeting of October 9, 1985 and voted to recommend approval of Z-1770 with the following conditions: 1. Building height will be limited to two storieu. 2. Maximum square footage of the proposed building shall be 6,750 square feet. 3. A landscaping plan must be included with construction plans and approved bt:fore a building permit may be issued, ~4. No detached signs will be permitted. ALTERNATIVES 1. Approve petition with conditions 2. Deny petition i i Case No. Z-1770 Page 5 ATTACHMENTS 1. Location Map 2. Concept Plan 3. Reply Form Totals 4. Propertp Owner List 5. Planning and Zoning Commission minutes of October 9, 1985 I I I I 1008A 1 I 1 tf n SYCA 3 4 'S r S SI I >A~ f I 13 4 ~S,i~ i 1 f,' t 3 t a n I♦I n! N I! w 13 to I to to° ~ I v12) A~1`,QN I : 1 3 S w ' St~a 1 2 4 II OAa<S AOOITION II,IS 1;10141,13 1 121 IIII 17 1 tAt 01~ a i I• IS + 14 13 r .t Z_1770 1 IT . L 9P PA)m c noo. 4V jg 1•~~ t I ` 11.1 3 r•J~:+1;ot~A4io 14 s, Aum i, 'to too. i' • i,/. ~a N)i er g. a'. or e ME fop;° ~t 11.2 t !1 , '..Qo . 14 13 r f ~~1~d R air€~d34 •e, 2 1111 11~ 12 II to It w HIOHLANQ Hi~NLAtiQ 4 43 a IN. A3 u q 9 19 • ' r, 0j6q'Qpb Q v'~, ' U t 4 drda~''b$0'oe o. ; • Its .1 M „r M Nor p • f4 •~r0: epo•' !eo r 3 VA; .i M ~y: oe~•srr"! ~j. ;t!?.s°•OYO Qp~r.~l1' 14 ti to$ w,~4i%~'°~'a~`• r at'. . d: 13.1 l1.1 11~ i4rw . n.M o f PRARIE GIREE T PIf r J r b L/t _ ~ r i Q is c' ! f n ' ~aKr,Gl~4 ~0 y'~ES I ~ 1.0 PROPERTY OWNER REPLY FORMS CI'T'Y COUNCIL Z-.1770 IN FAVOR IN OPPOSITION UNDECIDED Beulah Patterson None Receivid 424 Highland Denton, TX Dale Irwin 419 South Carroll Denton, TX Clyde 6 Dorothy Miller 418 West Prairie Denton, TX Robert Hirriacn 431 Stroud Denton, TX Paul M. Haywood, Jr. 420 South Carroll Denton, TX Chrietine V. Offenbacker &()3 Panhandle Denton, TX q A n Iw. r ; N v ' L- 33.~ o 00 f. J I rte, i r _ .__.F ~r 1 rJ r` (j = r , r l -.III-~-~.. - L!? 1 r ,;.r.~ ~ •~Y'1d-~ ~Bs•~„~„~ era d. l ,,r r ~y R I PP v .4.1 duo F' ' c~ s,r~ It R1~ '1:~. ' « ~~T vH ~I, 1 C r t na' ~~rfurn,~lf D7iZ.. ^ i / ~a C,"C- f J ~ r -04 4/h ~ M~ sac r o v Z 2 r~ G l~Sci r ' i Y M. 1.i I1 ~ ~ y.S t.rJbN i n h 1. VC !I )J i~l "1~1 - i. M1 . p•L : (jam •l P i t Nniit4s 0016ber'991985 Page 7 B. 2-1770. Petition of Dale Irwin requesting a change in toning from the two-family (2F) district to the planned development (PD) classification on a 0.426 acre tract (UNAPPROVED) located at the southeast corner of Carroll Boulevard and Prairie Street. The propDerty is located In the William Loving Survey, Abstract 759. If the request is approved, the planned development will permit the development of an office building. Twenty notice, were mailed to property o'lners within 200 feet; seven re 1 forms were received in favor, no reppsy Uirms in oppos~t on, and two reply forms were received in favor from persons not on the sailing list, PETITIONER: Dale Irwir stated that the purpose of this request - i3 to change tte two family (2F) zoning to a planned development for office use. He said about a year ago this property was up for straight office zoning. He said that this particular property is the old Fred Moore estate. He said that it was forwarded to the City Council with a 3-2 vote in favor of officio zoning, He sold that the City Council defeated the petition and recommended it , be brought back as a planned development. He said shortly after that there were title problems, He said that there was a ro era d ► is ositlon In which the city decided ,.,icy did pp not need to ■sintain all the property up and down Carroll Boulevard, par titularly this area. He said tint tha City Council after some dole) voted to sell this exctss property back to the owners (Fred Moore estate). Ile added that the exact boundaries have beer, determined and they are rose, to proceed with a planned development for office use. 4e said that this plan being presented would provide for a two-story office building which would be no more than 6,750 square feet, 20 percent tore parking than requirktd, access to the pproperty on Prairie Street with no cucU cuts on Carr~tl Bou~devard, and it large green area on the 'northwest corner. He addea that the curb cut on Prairie Street is 90 feet aw&K from Carroll Boulevard and that the plan meets with setback requirements. said that most of the neighbors approve of the toning and that they could sell their propety at a fair price and move onto something new. IN FAVOR: None present. OPPOSED: None present. STAFF REPORTS Ms. Carson stated that a similar proposal tof ottleg zoning was presented to the Planning and Zoning Cotmission at the August 10, 1983 meeting, She said at that time the "lancingg and Zoning Commission denied the reqSuest bg a vote of 3.1. It was appealed to City Council on eptember 6 1983 and was dented, She said comments were ,pate by City Council that it might be more acceptable as a planned developsant, She said that the area is residential In nature, there is a house on the property, there are residents livin in houses along Prairie Street, the area is In the Commulfty Development Block Grant program and funds are available for renovations and remodeling of houses in this area. There is office development along Carroll Boulevard to the north of this site that is located in a high inte6 ity area which encourages more intense uses. Via ssid that there are polities In the Development Guide that require all decisions in these area be looked at closely In regards to preservation of existing housing stock, lower income houflnS areas and neighborhoods'In general, She sold Pra tie Street is ve y small at this tine and traffic congestion is a prob~so on this street, She added that cars ark on both sides of th,9 street to have access to the o fice builAing to cha north and that it csusdo severe P A I MlnJtes October 91 1985 pa8eb traffic flow problems. She said in this case there are 2S parking Dlaces shown. She said that there are 3 parking places oh the south s[de of the site plan that are shown in the landscape buffer and staff has removed them because there is no need for them, She said that staff recommends that a landsca a buffer go along the bti[ldtn and parking pp area. She sai3 that the plea does conform wpa ith the high intensity areas b•it there ue still roblems w[th the SK e of the neighborhood. She said that she has received comments from property owners and that if cases hike this are approved that they will seaK rezoning on their property. She said that Developarat Review, Ctmoittee stronil recommends denial but if approved by the Planning an Zoning Coumiasion there are some co:cditions recommended by Development Review Comuittee. Mr. Juren asked who approver the landsca ingg ppl:ns. Ms. Carson stated that they are reviewed by $uiIding inspection and staff. He asked if the Community Development Block Grant funds would still be available if zoning is than ed. Ms. Carson said yes because this is a tar at area. r. Juven asked for clarification on the parting. Ms. Carson said that 22 parking spaces are required and 25 parking spaces ere shown on thi% site plan. She said that t .eir re-sson to excl•ide thu- spaces was to add the landscape buffer as a bene.it to Carroll BOLleverd. She said that the exclusion of the three arkina spaces would not have a serious impact or change Rn parking on P-airle Street. Mr. Juror wanted to know if there was a no parking sign on this street s:.j Ms. Carson s31d no. Ms. Cole stated that she uses Prairie Street all the time and even at peak times oxperiences no difficulty. Ms. Carson said that it has been reviewed by staff and there was a traffic flow problem. She said that Prairie Street was being used as an alternate street to other parts of town. Mr. Ellts:n stated that the older areas were not designod to accommodate heavy commercial concentration, He ssid that Mr. Irwin has done the very best job he can do and has been very patient. REBUTTAL: Mr. Irwin said that everything meets Ya'gtTrments to his knowledge. He said that traffic does sometimes get busy on Prairie Street and that the curb cut on Prairie Street can be moved from 90 to 100 feet. P,.blic hearing closed. DECISION: Mr. Escue believes that staff trying to hold this i f& residential is correct and would like to see it maiittalned as residential. Ms. Brock stated that a change in toning is Justified on this corner. She says that shi doesn't foresee a lot of traffic problems as a result of this development. She ! said though what would happen if every lot on Prairie Street became office or commercial. She said that it isn't the immediate impact but what will happen later. Mr, Claiborne stated that ph the short tern outlook, this development will cereinly be an Improvement and a positive effect on th,ir city tax roll. i, Mr. App Ieton stated that he believed that the toning was coapt2 bie with the surrounding area, - - L ~T. ~1 P4 s n~~4 (s 'ic .r~~k~ :III S rr'.~-•~a ~~Rlr'~Tl lr~,c r', P n t a, fs 'a . i.t N4Auto$ October 9, 14dS Page 9 Mr, Juren moved to recommend approval of 2.1770 with the following conditional 1~ Building height will be limited to two stories. 2 Maximum square footage of the proposed building shell be 6,750 square feet. 3) A landscaping plan must be included with eo.tistruction Pplana and approved before • building permit may be isssed, No detached signs will be permitted. Seconded by Ms, Cole. Vote was calleds Aye - Appleton, Claiborne, Cote, Juren Nay - Brock Bfcue Motion carried (e-2). DATE I CITY COUNCIL REPORT fRRAT TOt liryor and Members of the City Council FROMt Rick Svehle, Aci6ing City Manager SUBJECTt HOLD A PUBLTC HiARING CONCERNING THE PBTITLON OF THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 296.97 ACRK8 BRING PART OF THC I-COY BURVEY, ABSTRACT 21 W. BUR.LESON SURVEY, ABSTRACT 93, B. BURL'ESON SURVEY, ABSTRACT 249, AND THE K. JOHNSON SUP.VEY, ABSTRACT 666 (A-26) RRCi)F4S[{NDATION: A Planning and Zoning commission recommendation will be forwarded at a later date. 4SUF SAW The City Council requested that staff research the possibility of extending the city limit line (minimum 500' strip) along I-35N toward the City of Sanger. Staff has determined that one annexation for a 3 1/2 mile distance (maxSmum permitted by law) would place the Denton city limits approximately 1/2 mile south of the Sanger city limit line. The City of Denton can annex property within its extraterritorial jurisdiction withoa.I~ written consent su long as it does not annex within 1/2 mile of a neighboring city limit line. Officials of the City of SrA%ger have informed staff that their curront city limit line ends ou the northern edge of Clear Creek. PROORAlLS. D6Pf&INNTS Off, GROUPS AVV9CCED, Approximately 296.97 acres are included in thin proposed annexation. A strip 750 feet wide to proposed. The existing strip is 10000 feet wide, but staff is recommended the 750 foot strip to avoid annexing small portions of residences and structures. A 500 foot strip is the minimum acoapted by statute. FISCAL. IMPACT: Undetermined Res otf ly sub fitted: c Prepared ~~b~~ys Acting City Manager David Ellison Senior Planner App ov Jeff mvioL Director of Planning and Development 1265g(1) 140w CITY of D#NTON DENTONj IM$ 70201 MWORANDUM DATC: October 30, 1985 I T0: Mayor and MembeVe of the City Council FROM: David 8111son, Senior Planner SUHJBCT: ANNBXA top or APPROXIMATELY 296.97 ACPaS ALONG 1-35N (A-26) I met with the City Manager and one Council Person from Sanger on October 21 to discuss the proposed extension of the Denton city limits along 1-35N (A-26). A subsequent meeting including Rick Svehla, Jeff Meyer, Sanger's City Manager and myself .ras held on October 25. Sanger's future plans tnd immediate concerns of both Cities were the topics di,:vussed. The City of Sanger requested that owners of approximately 1,200 acres to the east and west of their existing city limits petition to be included withie. Sanger's extraterritorial jurisdiction. The expansion of a City's extraterritorltl Jurisdiction by written consent of property owners is permitted by statute and the purpose is to protect certain areas against annexation by a neighboring City. The above practice is common amongst communities near Austin, Texas. To the best of staff's knowledge, the ganger City Council did act on the extraterritorial Jurisdiction expansion process at its meeting of October 21, 1985. Staff has not been able to ascertain the precise and absolute effect of the proposed annexation strip on existing properties and structures because the right-of-way of 1-35 varies throughout the finger. The existing strip along 1-35 is 1,0001 wide. The proposed strip was narrowed to 750' to avoid, as much as possible, the annexation of structures and residences that would have to be served by the City of Denton. Narrowing the strip to 500' would insure that as little property as possible would be annexed. Aerial maps, highway right-of-way maps, and crude measurements in the field have given staff some reading on how much of any structure would be anne, vd. Available information reflects that few structures would be annexed, particularly it the finger is narrowed to 5001. A portion of Love's Stop, along the east side of t-35 appears to be the one structure that stands the greatest chance of being inolude,l in the annexa'ion. "JF i,.fT i --.T :ri^2~". Kayor and Members of City Council October 30, 1985 Pace 2 I spoke with a couple of owners of Oroperty within the proposed finger while measuring the distance of the face of buildings from the edge of the service road, but no icrmal meetings have been held. Sanger officials appear satisfactorily informed of the isomes, but io official statement of either support or opN+eitton has been issued. David gllison gf Attachment 1405g 17717 p7,F17'T.~77F A-26 The structures listed below are lncated primarily along the we.t side of I-35. The distances were ueasurec from the edge o° the 3erv1tce road and the face of the structure. The average right-of-way along perpendicular to I-3S is approximately 1SS feet from nie canter line of the ighway. 1. Single family next to Casa De Rudolpho - 138 ft, from service road. 2, Casa L. Rudolpho - 110 ft, from service road, 3. Single family residence - 115 ft. from service road. 4. Single family residence . 80 ft. from service road. S. Ronnie Schertz residence - 53 - 70 ft. from service road. 6. Wtlter Schertz single family residence - 61 ft, from service road. 7. Mobile home residence - 170 ft, from service road. 8. Big Tex Sandblasting 6 Fiberglass b7 ft. tofsign,1 40 ft. ti 9. ',Martin Paul Creative Center - 300 ft. frog: service road. 10. Albert Schortz, Rt. 2, Box 726 single family residence - 60 ft. from service road. 11. Lee's Stop - 58 ft, to canopy - 80 £t, to face of building from service road. 12. Blue Mound Church - 136 ft. from service road 13. Blue Mound Community Center - 128 ft, from service road 14. Smith Bros Roping Sup}lies 130 ft, to front entrance from service road. A measuring wheel was used to come up with the above distances. A formal survey is required to d)termine actual distances and precisely how many, and how much of structures are included in the proposed annexation. 1405g `r1. ! n` v 'ya I rti P , ~.-r.• :itir . a r General Telephone Company of the Southwest October 28, 1985 P. 0. Box 320 Denton, Tx i i Mr. David Ellison Se-iior Planner Ci, , of Denton Municipal Building Denton, Texa.a 76201 Dear Mr. Ellison; This is in response to your questions concerning the proposed annex- ation of a strip of land approximately 500' to 750' wide along I-35 from Genzer Road north approximately 3.5 miles. The Texas Public Utility Commission has established exchange area boundaries; therefore, the status of any present General Telephone customer located in the proposed annexation area will not change, Our existing boundary runs just north of the intersection of 1-35 and F.`4 3163. We do serve customers located north of this boundary on a "grandfathered" basis, Le., they had Denton service before the Texas PUC established the boundary in 1977. We will continue to serve tho customers until they disconnect. Upon disconnection, any new customer moving into the location will becorm a customer oi' Central Telephone Company. Sincerely. Q )e~ . Jack Brown Operations Manager RECEIVED 0VT 2 8 185 A iiii f' Y(y Tc ( rp r'rt;9 i'{~ 7 iS , c d XRj v' ~ 1rN e • t v r-F.wti .~(a A.a4 NOTICE OF PUBLIC 02AA1Na9 ON PAOPOSEDNNNEXATION NOTICE IS HEAEBY GIVEN TO ALL INTERESTEU PERSONS THATI The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of saiG City to add the following d4scriosd territory to the corporate limits of the City of Denton, to-wits All that certain tract or parcel of land lying and being situated in the County of Canton, State of Texas and being part of the I. Coy sLrvey, Abstract ar. J. Ayers Survey, Abstract 2, W, Burleson Survey, Abstract 93, P S4rleSOn BurVey, Abstract 249 and the A. Johnson Survey, Abitra,c 6t6 and more particularly described as followst BEGINNING at a point in the present city lim)ts, said point lying in the North boundary line of the tract described in ordinance No. 69.40, Tract VI, said point lying 350 feet West of and perpendicular to the center line of I-351 THENCE Northerly, 35n feet west of and parallel to the center line of I.3S the following lour (4) courses and dletancesl NURTH 30 58' Welt, a distance a 2,199.71 feet, (2) forth 00 53' East, a distance of 6,16B,64 feed (3) North 90 02' West, a distance of S,202.791 (4) North 20 SO' West, a distance of 4,903.36 feet to a point for a CornOrr . THENCE North 870 !0' East, passing at )SO feet the center Line of I-35 and continuing for a total distance of 700 (sot to a poin• for a corner, said point lying 350 feet East of and perpendicular to the center line of I-35I THENCE Southerly, 350 toot East or and parallel to the center line of 1-35 the following four (4) courses and distances) (1) SOUTH 20 50' East, a distance of 4,865.44 festr (2) South 90 02' East, a distance of S,22S.74. feet) (3) South 00 53' West, a distance of 6,211.96 feet, (e; South i0 $81 East, a distance of 2,IB2.29 feet ti a point for a :lorner in the present II[ city limits, said point )ying in the North line of a tract described in Ordinance 69-40, Tract VII THENCE South 880 02' West, along said present city limits, j passing at 350 feet the center ling 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. A Public Hearing will oe held by and 0afore the City, Council of the City of Dentun, Texas, on the L67ILday of SLY- , 19dS, at 7100 o'clock P. M, in the City Council Chambers o G Municipal Building of the City of Denton, Texas, for all perso0is interested :n the above proposed annexation. At raid time and plate all such. persons shr,il have the right to a pear and be I aoacd, of all said matters and things, all persons interested in the Lhings ano :attars herein mentioned, will take notice. A Public Hearing will be held by and pefore the City C u ail of the City of Denton, Texas, on the Sr day of 19eS, at 700 o'clock P, x, in the City Council Chamberss or the M-:ateipal Building of the City of Dentu,.. Texas, for all perscnt interested in the above proposed annexation. At said tit* and place all such persons snail have the :ight to appear and be heard, of all aald matters and enin9sr all persons interested in • ' the things and matters nerein mentioned, will take :iotiae. XOr DB TGNS T XA9 ATTESTS i i r . 7 I1 M .-`HMV. e~t r r~Jr °~u'44 1t •i' 4 FLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be ad^prpd by the governing body of a city prior to passage of an ordinance annex-:.g ai area; and WHEREAS, the City of Denton 1,q 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 Oil DENTON, TEXAS: Section 1, Pursuant to the provisions of Article 970a as amended, Texa9 Code Annotated, there is hereby adopted for the prop,)sed annexation area the following plan of service: I, Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective data of annexation; (2) Traffic signals, traffic signs, street markings, and ether traffic control devices will be installed . as th.e need therefore is established by appropriate stu,# and traffic standards. B, Yire (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 aL extended in accordance with article 4.01 of appendix A of the c-ide of the City of Denton, Texas. D. Sewer (1) Propertien in the annexed areas will be connected to sever liaes in accordance with article 4,04 eof appendix A of the code of the City of Denton, Texa::, E. Refuse Collection (1) The same regular refuse collection service now pso- vided within the cf.ty will be extended to the annexed area within one month after the effective date of annexation, Service Plan' Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) will begin on the effective date of annexation. (z) Poutine maintenance on the same basis as in the present city, will begin in the annexsd area on the effective date of annexation. (3). Reconstrur.tton and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and guttoe s, and otter such major improveii,ents, as the need therefore is determined by the governing body, will be acct;nplished under the established policies of the city. 0% Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin 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 data of annexation. City planning will thereafter encompass the annexed area, I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and futilities in the enlarged -ity. V. Electric Distribution ® (1) The city recommends the use of City of Denton for electric power. a^ Service Plan Annexed Areas Page three i L. HiscallaneouR (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritiz6d by such policy guide- lines as: (1) Oernand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the sam,) established criteria as all other arF)as of the city. i i • I 46 4 • • '4CR•!n0!a4 AQ ,Q • , all Duch CIi11 R1. '+•ra• 1 ~ ~ ~ 04 k ~ Ow - ♦ ♦Crer wrl Ate Ad pr.tso • • • l Sanger city limits MMCM J ~ • I ' , y r ,I1 00 110, 1 AIdA••i M R1. vi ~~e ; ~ ~neroil 4t r •rrq •A•etO°` A/ NsC~!♦ A jet am a.-# A-- "M WT do, till IR dej r _l a r~ i~ y."i JJ ~ Lv Ini • R1. • , . ~ • • ' r~ • ~ Aponalm:AM Intl A ' • earth Ad. 3r • •s ~t 1 J r~ j • IiM R ac ew* hound _ ' • •z.as . I, Prevent Dent6n City-Lim Sac • _ a •0•nr•r Re. •o~tr~ a'd ~ ' • r i ow TOM Off 0 • _ s01~n•~d AO • V r f .k r♦ f o .L... ~:5i KRUM a 1 • • ` 1 y , 1 4••1••'n RI • I • r4 0. O , 1 No. Ir • • ems....{ s o t i 0 . 'i 1`-. 1 d: Y':1 tdYFf i' f F vv~ TT..;' 7 A-26 ANN8XA'rION SCHEDULE • r September 23. 1985 Submit agenda item ✓ September 24, 1985 Submit agenda bacx-up v` UCtoDer 1, 1985 City Council sets date, time and place for public nearing ✓/Octooer 2, 1985 Notice to Denton Record Chronicle V October 4, 1985 Puolish notice and mailout Octooer 71 19d5 Submit agenda item October 8, 1965 Submit agenda back-up t~-* October 15, 1985 City council holds first; public hearing October 16, 1965 Notice to Denton Record Cnronicle t. Uctooer 181 1985 Pu*Iisn notice and mailout ei October 26, 1985 Submit agenda item • L,,,October 29, 1965 Submit agenda back-up * Novemoer 5, 1985 City Council holds second public nearing Novemoer 11, 1985 Submit agenda item November 121 19d5 Submit agenda oack-up * November 19, 1986 City Council institutes annexation proceedings November 21, 1985 Urdinance to Denton Record Chronicle NoVember 24, 1945 Publisn ordinance Decemoer 3U; 1985 Submit agenda item December 31, 19d5 Submit agenda back-up * January 71 1946 Final action by City Council * denotes action oy the City Council U964g DAT87 CITY COU14CIL REPORT FORMAT ri a TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT? HOLD A PUBLIC HEARING CONCERVING THE PETITION OF SHAUL Co BARUCH FOR VOLUNTARY ANNEXATION OF 92.80 ACRES LOCATED NORTH OF HIGHWAY 77 APPROXIMATELY 1,050 FEET EAST OF I-35. (A-18) RECOMMENDATION: A Planning and zoning Commission recommendation will be forwarded at a later date. SUMMARY: Annexation and light industrial (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 south. BACKGROUND: This site is located in a high and low intensity area. Annexation and land sale activity has increased in the general vicinity of the Texas Instruments property and future Loop 288. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: No existing housing or populrtion is located within the area proposed for annexation. FISCAL IMPACT: Undetermined. ctf Iy su it tpej Prepared by: io S h:y Acting City Manager David Ellison Senior Planner Appr ed Jeff Mey ,oirector of Planning and Development 0972] I T1 777777 v .707E NOTICE O► PUBLIC HEARINGS ON P OPOSEO ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTEO PERSONS THATr The City oC Venton, Texas, proposes 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-wit: All that certain tract of parcel of land lying and being situated in the County of Denton, State of Texas, and being pact of the A, White Sucvey, Aostraet 1400, the M, May Sucvey, Abstract 607 and the S, Jonnson Survey, Abstract 683 and being more particularly described as follcwsr BEGINNING at a point in the present city limits as established by Ordinance No. 82-4, said point also lying 500 feet North of and perpendicular to the center line of U,S. Highway 77 and the most Easterly Southeast corner of the tract described i,% Ordinance No. 43-274 THENCE North 04 19' 11" East, passi.tg at 69.05 feet the Easterly Northeast corner of the tract described in Ordinance No. d3-27, and continuing for a total distance of 1,04746 feet to a point fo: a cornet in the North boundary line of said White Survey, said point also being the Southeast cornet of the :4. May Survey, Aostcact 807 and the Southeast corner o. the S. Jnnnson Sucvey, Abstract 6831 THENCE North 88' 37' 15" West along the Nortn boundary line of said White Survey, sane being the youth ooundacy line of said Johnson Sucvey, a distance of 126.6) feet to a point for a cornets THENCE North 0' 17' 20 East, a distance of :,062.95 feet to a point foe a cornett THENCE South 63' 31' 39" East, a distance of 2,4dS.31 feet to a point for a cornett THENCS South 0' 22' 27" nest, a distance of 564.11 feet to a point for a corners THENCE North 89' 27' JO" West, a distance of 1,033.4 feet to a point for a Cornett THENCe South 0' 22' 28" West, a distance of 506.06 feet to a potr• for s corner in the Soutn ooundacy line of the said may Surve, same being the North oounudry line of the said white survey, THENCE South 0' 25' 59" ,test, a distance of 1,d45.44 feat to a point (or a corner in the present city ltntta 13 established by Ordinance No. 82-4, said point. 500 feet Nortn of and perpendicular to the center line of U.S. Hignway 77; THENCE North 5d' 14' S1" West, 5UO feet ;,ortn of and arilltL to the center line of U.S. Hignway 77 and ditn said city ILnits a f distance of 866.51 feet to a points ! THENCE North $8' 22" 51" West continuing atom said ltnes a distance of 679.55 feet to the place of oeginninq ,ad con:atnin4 91.8 acres of land more or less. A Public Hearing will ce neld by and oefote the CI Council Of the City of Denton, texas, on the rjrrl day of )t , 1985, it 7:00 b'ClOCK i. M. in the Citl+ Council Cna-moors of the Municipal Building of the tity of Denton, Texas, for all persona 3 interested in trio above proposad annexation. At gala time and place all such persons shall have tae rignt to appear and be Lamed. of all said matters and things, all persons interested in the thinys and matters nersin mentioned, will taKe notice. i i A Public Hearing will be held by and p4efore the city council of the City of Denton, Texas, on the day of -k - /.if" . o85, at 7100 o'clock P. M. in the C ty ouncii Cnam ere o e Municipal Building of the City of Dentons Texas, for all persons interested In the above proposed annexation, At said time and place all such persons Shall have the right to appear and be heard, of ill said matters and tnings$ all persons interested in the things acd matters nereln mentlonedo will take notice. I P IC D /STEWAWo MAYO CIT OP DE TON, TEXAS ATTESTP CHARLO S ALLUII P CITY S L AR~ f C t Ti tj di TH di 92, of 1985 Mun/ ante, plead Heard the t PLAN OF SERVICE FOR AltNEXED AREA CIT. OF DENTONTEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Articlo 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A, Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and eq+iirment, will he 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 be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4,09 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4,09 of appendix A of the code of the City of Denton, 'T'exas, E. Refuse Collection (1) The same regular refuso collectivit service now pro- vided within the city till be exta%nded to the annexed area within one month rAfte.r the effective date of annexation. 1 Service Plan Annexed Areas • Page two F. Streets (1) Eri.ergency maintenance of streets (repair of haza!-,1- chuckholes, measures necessary for traffic flow wi'', begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa. tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area un 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 t,se all existing recreational facilities, parks, 6tc., on the effec- tive date of annexation. 'he 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 Distrib-ition . (1) The city recommends the use of City of Denton for clectric power, Service Plan Annexed Areas Page thrte L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balant°^d 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 tear 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. M 2. ont Rd. 3ia~• . r f slu ound r '~s.ot r Rd.' Oanzor. 21 Chln d. ch Rd ° O' .m arthol d Rd. • I' DE NTON FA ; -pop 39,874. .i. a 77 CJD niv r it D . , A-28 t ANNEXATION SCHEDULE . September 23, 1985 Submit agenda item September 24, 1985 Submit agenda back-up W r* October 1, 1985 City Council sets date, time and place for public hearing October 2, 1985 Notice to Denton Record Chronicle October 4, 1985 Publish notice and mailout ✓ Octooer 10 1985 Submit agenda item October S, 1985 Submit agenda back-up October 15, 1985 City Council holds first public hearing October 16, 1985 Notice to Denton Record Chronicle October 18, 1985 Publish notice and mailout Octooer 2d, 1985 Submit agenda item October 29, 1985 Submit agenda back-up * November 5, 1985 City Council nolds second public hearing November 11, 1985 Submit agenda item November 12, 1983 Submit agenda back-up * Novemoer 19, 1996 City Council institutes annexation proceedings November 21, 19d5 Ordinance to Denton Record Chronicle Novemoet 24, 1945 Publisn ordinance December 3U, 1985 s~iamit agenda item December 31, 1945 Submit agenda DacK-up * January 7, 1986 Final action by City Council * Denotes action by the City r*ouncil 09649 DATE s 1 WW5d' CITY COUNCIL REPLRT iOrAA:' TOs Mayor and Members of the City Council FROM: Rick Svehia, Acting City Manager SUBJECTS HOLD A PUBLIC EARIP4G CONCERNING VOLUNTARY ANNEXATION OF APPROXIMATELY 59.6 ACRES LOCATED AT THE NORTHWEST CORNER OF FM 2164 (NORTH LOCUST) AND PROP03ED LOOP 288 AND LYING AND BEING PART OF THE T. TOBY SURVEY! ABSTRACT 1288 (A-29). RECOMMENDATION: The Planning Knd Zoning commission will forward its recommendation it a later date. SUMMARY! Mel R. Lacquemont, Planning and Zoning Consultint, has submitted an annexation petition for the above referenced iarcel in behalf of the owners of a total 412 acre parcel. The purpose of the annexation is to include all subject property in a pending mixed use zoning proposal, The 55 acres :n question begins adjacent and north of proposed t.oop 288 and west of FM 2164. BACKGROUNCr This site is located in a low intensity area predo+nin~ntly with a moderate intensity node locite~ at the intern^ction of proposed Loop 28n and FM 2164. PROGRAMS# DEPARTMENTS OR GROUPS AFFECTED! No existing housing or population is included in the area proposed for annexation FISCAL iMPACTs OickSvehlPrepared by: e Acting City Manager David Ellison 'senior Planner App ve Jeff Meytr- Director of Planning and Development 12.6a I-U6L • A-At NOTICS Of PUBLIC HEARINGS ON ➢ROPOSII0 ANNEXATION NOTICE IS HEREBY GIVEN To ALL INTERESTEO PERSONS THM TAO City of Denton, Texas, pcoooses to institute annexation proceedings to alter the boundary LIAits of said City to add the following described territory to the corporate limits of the City of Denton, t0-wits ALL that certain tract or parcel of land lying and being sitdated in the County of Denton, State of Texas, and wing part of the T. Toby Survey, Abstract 1208 and more particularly described is follows, BEGINNING at a point in the present city limits as established oy Ordinance No. 74-36, Traat III0 said point lying 500 feet West of and perpendicular to the center line of State Hwy. FM 2164 a.id in the North boundary line of said Toby Survey) 1HENCE South 1014' Wesr, along said present city limits, 500 feet West of parallel to the center line of rM 21640 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, Loopp 209 and in the present city limits as established by Ordinance No. 82-5s THENCE Wea;ecly along said present city limits, 600 feet North of and pa,:eliel to Erie center line of Loop 288 the followings 1. Westerly along a curve with a radius of 61329.58 feet, central angle of 18027149" and a cnord of South 80.31152,5" West„ 2,030,9 feet, an arc distance of 20039,7 fret, 1. South 71017'58" West, a distance of 1,105.3 feet to the beginning of a curve, i 3. Westerly along a curve with a radius of 50129.58 feet, central angle of 151135137" and a cnord of South 79"05'16.5" • i Hest, 10391.76 feet, an arc distance of 1091,76 feet to a point for r, corner in the West boundary lkne of said Toby Surveys THENCE Nortn 0057'060 East, along the West boundary line of said survey, a distance of 1,126,21 feet to the Northwest corner of said Tooy Surveys THENCE Soutn 89004032" East, along the North ouundary line of said Tooy Survey, a distance of 4,396.46 feet to the place of beginning and co^:tilning 59.6 arses of land more or less. A Pudic Hearing wiil oe held b a^r~d before the C t Council of trio City of Denton, Texas, on trio ay of , 1985, at 7100 o'clock P. M. in the City Council Cnrmoers o the Municipal building of the City of Denton, Texas, for ail, persons interested i^ the above p;oposed annexation. At said t+me and place all s persons anall ,;.v: -no right to appear and De heard. Of all s matters and things, 311 r1rsons interested in the tnings and matte. nerein tentioned, will to+.e notice. A Public Hearing will De neld by apd oefoce the City Council of the ity of Denton, Taus, on Erie*A-da/ ofjai _,1 , d 1985, at 7:00 o'clock P. M. in the City ouncil Cnambers o the Municipal Buiidinq of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all sucn persons anali nave the right to appear and be heard. Of all said matters And tnings, all persons i.itereated in the tnings and matters nersin mentioned, will take notice. i ~ i Cl Y of 0 NTON, TEXAS ATTESTr i 6 "FJCR4 i PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requiree that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area: and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, Pursuant to the provisions of Article 1570a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I, Basic Service Plan A. Police (1) 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, streot markings, and otter 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 (late of annexation. C. Water (1) Water for domestic, coninercial and industrial use will be provided at city mates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of tLe 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 S 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 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. 0. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, ho.ging, 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 wiA. 1 be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation, The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K, Electric Distribution (1) The city recommends the use of City of Denton for electric power, Service Plan Annoxed Areas Paso three L, Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up. dated yearly, The Plan is prioritized by such policy guide. lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city. (3) Impact on ovsrall 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. t~ N A-z9 ~1ilM~ APOL LO pip INT. a ~ =Mod "F .7 A-29 ANNEXATION SCHEDULE • September 23, 1985 Submit agenda item September 24, 1945 Suomit agenda pack-up V * October 11 1985 C!.ty Council scats date, time and place for public nearing ,i October 2, 1985 Notice to Denton Record Chronicle October 4, 198:1 Puolisn notice and mailout October 7, 1985 Sut)mit agenda item 1r October 8, 1985 Submit agenda oack-up v* October 15, 1985 City Council holds first public hearing ,i October 160 1985 Notice to Denton Record Chronicle October 18, 1985 Publish notice and mallout October 2d, 19d5 Submit agenda item . &,,,,'Octooer 29, 1985 Submit agenda baCK-up * November 5, 1945 City Council holds second public hearing November 11, 1985 Submit agenda item November 12, 1965 Submit agenda UaCK-up * Nov-1mber 190 19db City C-jur,cil institutes annexation proceedings Novemuer 21, 1965 Urdinance to Denton ,tecord Cnronicle November 14, 1985 Publisn ordinance Deceinner 3U, 1985 Submit agenda item De;:emusr 31, 19d5 Submit agenda DacK-up * January 71 1966 Final action cy City Council ' Denotes action by cne City Council U964g O -71 NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPZ,IE8 OR SERVICES] PROVIDING FOR THE EXPENDITURE OF FUlDS THEREFORE{ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equirpnent supplies or services in accordance with the procedures of atste ~aw and City ordinaneeal and WHEREAS, the City Manager or a designated employee has reviewed and recomaanded that the herein descrtbed bids are the lowest responsible bids for the materials, a uipsent, supplies or services as shown in the lid Proposals submitted therefor= and WHEREAS, the City Council has provided is the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS Section 2.36 (f) of the Code of Ordinances requires that the A ty Council approve all expenditures of more than 33,000= and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the ex eaditure of funds or for the contracting of indebtedness shall be by ordinance; IOW, THEREFORE, THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS= SECTION to That the numbered items in the following numbered bids for materials equipment supplies, or services, shown in the "Bid Propoealsd attached hereto, are hereby accepted sad approved as being the lowest responsible aids for such items BIDS UMBER ITEM N0. VENDOR AMOUNT 9526 All Nicol scsls_ 9534 Alt ,,Tr}rs-Tsx Succiy _ ; 13,3 963._.._... Ali A9s Ecuiarmot =.145JI4.00.. s PA4k 1 SECTION II._ That. by the acceptance and approval of the above numbered items of the submitted bids the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services la accordance with the terms, specifications, standards quantities and for the specified suss contained in the Bid Invitations, Bid, Proposals, and related documents. SECTION M. 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, appproval and awarding of the bide, tho City Nanagir or his designate) representative is hereby authorized to execute the mitten contract which shall be attachedhereto; provided that the written contract ij in accordance with the terms, conditions, s 4cifiestidam, standards, quantities and specified sums contained in the Bzd Proposal and related bid documents herein approved and aceepUtd. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorises the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract side pursuant thereto as authorised herein. SECTION V. That this ordinance shall become effective immediately upon its passage u.d approval. PASSED AND APPROVED this 5 day of Nov r , 19850 RLCWM V, UTEWART, UK CITY OF DENTON, TEXAS ATTEST s CMUMME" ALLYNO CITY OF DWMN, TEXAS APPROVED AS TO LEGAL FORHs DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY Of DENTON, TLW Bys PACE 2 DATE: November 5, 1985 CITY COUNCIL REPORT TO., Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: DID !9526 MOTOR TRUCK SCALE RECOMMENDATION: We recommend this bid be awarded to the lowest evaluated bidder of Nicol Scale in the amount of $36,246.64. The bid offered by Cardinal Scals (;458.64 less) did not include required information for a proper evaluction, did not indicate an expandability of the printer memory, or a battery powered back-up system. SUMMARY: This bid is for the purchase of a 50 tone pit scale with data center, with printer, and scale transfer office. The bid includes all materials and labor for installation. The scale will be used at the landfill in an effort to more fairly and equitably administer the landfill use rates. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Landfill Operations FISCAL IMPACT: 1985/86 Landfill Development Bonds R ully s bmitted: Rick Svehla Acting City Manager Pared by: flame-, Tom D. Shaw, C,P.M. Title: Assistant Purchasing Agent Approved: Na- C Qx -f t le.\ y) nn J. Marshall, C.D.M. urchasing Agent HID t 9526 BID MOTOR TRUCK SCALE CARDINAL FAIRBANKS NICOL SCALE WEIGHING SCALES OPEN October 8. 1"a5 MFG. CO. DIV. INC. ACCOUNT 1 E N~$G TaA-- E R VENDOR END R EN R_ 27,358 30,699, 11- 1 Pit Scafe 00 _L6132. 2 Data Center and Printer 4,186. 4,60040- 3 Scale Transfer Control Office 2,500.00 Tott.1 359788.00 4142LQL 36,246,6 Fob Denton Yes Yes' Y - Days for Shi nt 10 Days Days for CDm letion 2"pyj~. 60 Days 30-45 DAys w DATE: November 5, 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID !9534 k4TER METER BOX/VALVE BOXES RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder of Trapis-Tex Supply in the amount of ;13,353.75. SU144ARY: This bid is for the replacement of warehouse stock for water meter boxes and valve boxes. The quantities are estimated to last approximately 3-4 months. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARIIM:NTS OR GROUPS AFFECTED: Warehouse Operations and Water and Sewer Field Servires FISCAL IMPACT: Working Capital Acccvnt #710-004-^582-8709 Re ully submitted: Rick Svehla Acting City I1snager Pr ed by: r ~8:i: Tom . Shaw, C.P.M. Title: 1.ssistani44orchasing Agent Approved: f J h J.~Marriha l. tles Purchasinq Agent BID 1 _953E INDUSTRIAL FERGUSON DAY-STAR (ATLAS TRANS-TEX BOWLES UNITED BID TITLE WATER tkTER~YALYE BOXES INT'L ENTERPRISE SALES UTILITY SUPPLi A EDEN SALES OPENED October 29, 1985 2 p.m. INC. IKC, SUPPLY ^n, ACCWNT i 710-004-0582-8704 ITEM DESCRIPTION VENDOR ENDOr:_ VENDOR VENDOR VENDOR VENDOR VENDOR ` 25.41 99-- -ZL 7 only for Valve Bo 5.46 4.00 4.97 5.15 4.25 5.24 5.50 2 3 50 Top Section for Valve Box 10.93 7.67 6.40 5.65 7.20 10.46 9.50 4 50 Base for Valve Box _ 11.77 7.67 6.67 5.55 7.50 11.27 8.75 Total 16,538.50 _ _15,155.00 14 760.25 14,751.25 13 353.15 16 725.50 14,099.00 Denton Denton Denton Dento;._ Denton - Denton Denton Delivery 16 Days 12 Days 15-30 Days Stk-45 7-21 Days 30 Days ~ 7-28 Daj it r ..rr GATE: November S. 1985 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: Rick Svehlao Acting City Manager SUBJECT: BID #9537 FRONT END LOADERS RECOMENDATION: We recommend this bid be awarded to the lowest responsible bidder meeting specifications of Mega Equipment in the amount #72,987.00 each for two John Deere 644D loaders. Total bid award is $145,974.00. SUMO: This bid is for the purchase of two rubber tired front end loaders for use by the Street Department. These units are motor pool replacemersts for two Case w-18 units purchased in December of 1980. The bid offered by Case Power and Equipment in the amount of $70,803.00 each for the Case K-30 did not include the three year warranty requested and does not have the dump height clearance equal to the John Deere. The City of Denton has also experienced an unacceptable amount of service problems and down time associated with the M-18 tease loaders now in service. Joni, Deere offers a 36 month full warranty whfre as the Case only offers a 12 mont', full warranty plus 12 additional months on the BACKGPOUND: engine only. Tabulation Sheet PROGRAMS, DEPARTIENTS OR GROUPS AFFECTED: Street Department Vehicle Maintenance FISCAL IMPACT: A. One of these units will be funded as :i portion of the lea<e/ purchase package for fleet equipment acquisition. B. One unit will be funded by motorpool replacement funds paid in against the two 1 aders. l I~es ly su itted: Rick Svehla Acting City Hanager Pre ed by: Nag: om awl Title: Assistant Purchasing Agent Approved: n rsa . ie: Purchasing Agent )s BID BID TITLL_ FRl1kt END LOADER DARR PLAINS BARTHOI.1 fgjLEY CASE EIE&A EQUIPMENT MACHINERY MACHINERY T POWER 3 EQUIPMENT OPENED_ October 79, 1985 2 n.m. NICHOLS EQUIPMENT ACCOUNT ! VENDOR VENDOR ENDOR VENDOR VENDOR VENDOk VENDOR 1 2 _ Front-End Loader -_§61827.00 13 955.00 84 888.00_ 90,324.00 70 803.00 12 987.00 Flodel 950B 530 35002 LK600 W30 644D Delivery 28 Da vs -60-Days -fQ=2Q-Qayj- 120 Days 45-60 Days -4-~~y= Alternate 879924.00 LK600 Kobelco F3-5 Days No. AN ORDINANCE ACCEPTING CONPETITiVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. City has conwtructi n*of publiceworksdortimprove- m*nts in accordance with the procedures of state law and City ordinanes; and received F and recommeny ded Hthatg e the herein desinaed bbiids ar the lowest responsible bids for the construction of the public k=.+ or improvements deacribed.in the bid invitation, bid proposals cat place and specifications therefore; and WHEREAS, Section 2.36 (f) of the Code of Ordinances regv: sfg that the City Council approve all expenditures of more tisi $3,000; and I WHEREAS, Section 2.09 of the City Charter require} that every act of the Council providing for the expenditure of fw:dr to, the contracting of indebtedness shall be by ordinance; NOW9 THEREFORE, THE COUNCIL OF ?HE CITY Of i'RNTON HFarsY (*.pA 4+ SECTION I. That the following competitive bids for trim cuwucrw..,. :f public works or improvements, as deacribed in the "aid invita- tions", "Bid Proposals" or Plans and specifications attact*d hereto are hereby accepted .earl approwsp, ,s Icein4 tits low**# responsible bids: BID NUMBER _ 4 r 1MLIA W- OMM __•2519 .,..11.F..._.F~rr~~/~^ F-0 c rr lnn~~ i ~q~fitl(1 iN SECTION II. That the acceptance and approval of the above competititva bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or Improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishingg of performance and payment bonds, after notification of the award of the bid. PAGE 1 ,.MIX r % I yIC1a0N IFF. That the City Manager is hereby authoriied to exc.3cut• all necespary written contracts for the performance of the construction of the public works or lAprovements in accordance with the bidE accepted and approved hefain, provided that such contracts are gads in accordance with the Notice to Bidders and Sid Proposals, and documents relating thereto specifying the terms, coaditiont, Mans and spe^itications, standards, quantitites and specified sums contain4d therein. L% _!ON IV P That upon acceptance and approval of the above competitive bids and the execution of contract, for the public works and improvesents as authorized herein, the City Council hereby authorizes thy •xpeaditure of f%nds in the sed*r and in the Amo,int as specified in such approved bids and authbrised contracts executed pursusot thereto. SECTION y. That this ordinance shall become affective immediately upon its passage end approval. PASSED AND APPROVED this the 5 day of November , 1985. k ! RICKARD U* 5TEWARTO MAYOR CITY OF DENTON, TEXAS ATTEST: CMXUTTE ALLEN CITY SECUTARY CITY C.? DENTON,OTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 ~F1 . (d; :`7' 1 7s{1'~f .e et e. .'_a. l~ k. r~?. naC i i.,ht,y .,a DATE: November 59 19$6 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla. Acting City Manager SUBJECT: BID /9512 AUXILIARY BACKWASH CONNECTION RECOMMENDATION: We recommend this bid be awarded to the lowest and most responsible bidder, W.F. Harrison Constrution Co. of Arlington for the total amount of ;49.500.00, SUMWIRY: We sent out this bid to several vendors and received five bids, the lowest being that .f W.F. Harrison. The Utility Board has reviewed this bid in their meeting. The plans and specifications were presented by Freese and Nichols Consulting Engineers of Fort Worth, Texas. BACKGROUND: Tabulation Sheet Utilities Board fleeting PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water Production FISCAL IlpACT: There is no additional impact on the ?eneral Fund lly su itted: 7 Res 7-4 Rick Svehla Acting City Flanager Prepared by: r Age T le: hn . Marshall, C.P.M. Purchasing Agent Appooved: le: iiarshall, C. P.M. urchasing Agent BID ! 951?_ BID TITLE AUXILIARY BACIC41Atu rnNN~~~ttnN W. F. ONYX THIN f DUOPRO RED RIVER HARRISON CONS?. INC. CONSt. CO, CONST. CO. OPENED October So 1985 2 p.m. CONST. CO.. CO. INC. ACCOUNT 1 623-008-0460-9101-7935 T T I T Q VENDOR V~ yENDQR VENDOR VEtJDOR VENDOR YENDOR 1 Const. is per Specs. 49,500.00 61,349.00 519300.00 589987.00 65,000.00 Addundum 0 Completion 180 Days 180 Days 90 Days.` 180 DA s Bid Bond Yee, Yes Yes Yes Yes 40 Novr:mber 5, 1985 CITY LOUNCIL AGENDA ITEM U: MA10K AND MFr0ERS OF THE CITY COUNCIL FROM. Rick Svehla, Acting City Mznager SUBJECT Consider Bid Opening, Bid #9512, for Firm Backwash Mater Capability at %he Water Plant. RECOMMENDATION The Public Utilities Board, at their meeting of October 16, 1985, and the Freese 6 Nichols Inc., Engineers recowmend approval of the lowest bid of the W. F. Harrison Construction in the amount of $49,SO0. S UMM AR Y The bids were opened October 8, 198S, and the results are as follows: W.F. Harrison Construction, Arlington, ':x $499500 Twin C Dallas, Tx 57,300 Duopro Construction, Carrollton, Tx 589987 Onyx Construction, Ft. Worth, Tx 161,349 Red River Construction, Addition, Tx $659000 Freese 4 Nichols Inc., Engineers, have chocked the references and the bonding company of the lowest bidder, W. F. Harrison Construction, and per their recommendation, the Utility Deparzmei.t staff recommends approval of the lowest bidder in the amount of $49,500. BACKGROUND This is an avyroved F1 85 CIP project. This project is to supplement the existing single source of filter backwash system. This auxiliary system will avoid plant shuts' .gin in case of existing backwash system failure. The e.~ ting backwash system is 30 years old and on sever<<1 occasions required timely repairs which came close to shutting the entire plant down, PROGRAMS, DEPARTMENTS OR GROUPS AFFSCTED City of Denton Municipal Utilities, Freese $ Nichols Inc., The Coi.tractor and water customers. 39790:1 ° 15,~S al'1 !',i 'FISCAL IMPAtiT FY 85- CIP Budget - (estimated) $700000 Rer,ommended Award $49oS00 (W. F. Harrison Construction) i Source of Funds: Water Bonds 623-008-0460-9101-7935 Prepared by: ke pact lly ubmitted~ Srini Sundaramoorthy c ve Civil Engineer Acting City Manager Approved by: e so Director of ;ltilities EXHIBIT I F&H Letter of Recommendation Bid Summary Minutes PUB Meeting of 10/16/85 3979U:2 i r EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD MEETING October 16, 1985 B. BIDS Bid #9511, Firm Backwash Water Capability at the water plant. Ham explained the theory and vital function of the backwash capability to the Board, and provided supplemental information compiled by Freese S Nichols, Inc., Engineers. The Frees. 4 Nichols study established the the W. F. Harrison Construction Company as the recommender; bidder in the amount of $49,500. Ham stated that staff had budgeted $700000 for this item and they felt very comfortable recommending this bid. Thompson made a motion to approve :his bid for recommendation to the City Council. Second by Boyd. All ayes, no nays, motion carried. . '~w•k~:" 't a DATE: November 5. 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla. Acting City Manager SUBJECT: BID X19531 GREENWAY PLAZA WATERLINE PARTICII)ATION RECOMMENDATION: We recommend that the City of Denton Participation Greenway Plaza Waterline in the amount of $119786.00, which is the low evaluated difference for the oversize construction/ installatijn. SUIVARY: This bid is for the participation of the City of Denton Utilities with tho 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 6 Evaluation PROGRAMS, DEPART TS OR GROUPS AFFECT6j; "`111 ties - Water & Sewer Department FISCAL IMPACT: there is no impact on the General Fund, Re ully submitted: 1 4kv la Acting City Manager Prepared by: 715 Mars all, C. M. tle: Purchasing Agent Approved: e~ 0 n .Marshal r GFX tle: Purchasing AGent ULU r . _9531 BID TI'xL9__ORE.EKWAY1L9ZApAg'1CIVAY1 q b.F, CONSTRICTOR biCORSON C NStMMON CO. OPFNEn Oct_QP_ 3,1985 2 A.M. ACCCUNT / B" 12" _8% 12" • I1'EFI DESORIPTION _ VENDOR _ VENDOR l'ENDOR VENDOR VENDOR YENWR _ VENDOR 25,112. 32,364. 42j253. Y 44,461 . _2_ 2,465. -:3 ___1L620. _-3,330. _.1,350. l p,20. _ 4 19830. 8_L100. __71200. 89000. -5 49011. 51900. 3031. 6,800. 6 19000. 10000. 600. 600. 500. 500. _ 950. 950. 8 0• 0. 11100. 10500. Total 42,143. 54,529. 59 065.50 11,380 Difference 11,186. 12,314.50 r ~ y This is an valuation o the two to est bids. uku IF ,Y~tl Alp TiTLP GREEN4IAY Play I X~RLIKE_.._ JOE OAF CCALVERt DICKER50N OPENED PARTICIPATION BENSON CONST. CO. AVINO CONST. 10-~-85 2 n a ACCOUNT -MM R Y_ ENWR VENDOR Y UO -.VENDOR YENUOR .L Gceenbta!! Pltu+~ 1~"_ _ _ _ Z~O3~Qr q - -x,529.00 _ZL SM.L?Q__ _7l 380.06 -rggNdY p1Q a $ se 8" 45,094.60 _ 42,743.00 61532,70 _ 59,065~E0 -4 Particfpation 01fference 270743.40 11086.00 1601.00 12014.50 November S, 1985 CITY COUNCIL AGENDA ITEM TO: MAYUR AND MEMBERS OF THE CITY COUNCIL FRUM: Rick Svehla, Acting City Manager SUBJECT: Consider Bid Opening, Bid 09S310 GREENWAY PLAZA WATERLINE Oversize Participation. Tony Raposa Realtors, RECOMMENDATION the Public Utilities 9oard, at their meeting of October 169 1985, recommended to the City Council approval of the lowest difference of $11,786 from B&P Construction as the City's share in this oversize participation. SUMMARY The bids were opened October 3, 199S, and the results are as follows: BBF Cons, Allen, Tx 453,029.00 $41,243.00 $11,786.00 Dickerson Cont. Celina, Tx 68,330.00 S6,41S.SO 11,914650 Calvert Paving, Denton TX 74,386.70 589382.70 16,004.00 - Joe Benson Con. Denton Tx 66,138.00 39,822.00 279016,00 BACKGROUND The City Council had approved this oversize Agreement at its meeting of February 19, 1985. PROGRAMSR DEPARTMfiNTS hR GROUPS AFFECTED City of Denton Municipal Utilities, City Engineer, Developer, Contractor and the C.ti.zens. 3979U:1O t t, t t~z ~,UM BAR I Estimated Cost (1900 LF) ~v,650.00 Actual Cost based on Bids (2033 LF) $11,786.00 Source of funds: Wacer Bonds 623-008-0461-9138 It should be noted that the estimated quantity (scaled from preliminary plat) is considerable lower than the actual bid quantity. Prepared by: R pec u11~~ ub fitted, Srini Sundaramoorthy Civil Engineer Acting City Manager Approved: ; Ke he s oT" `nC Director of Utilities EXHIBIT I Bid Tabulation II Location Map III Minutes PUB ,keeting of 10/16/85 F sf 3979U:I1 I EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD MEETING October 16, 1985 7. CONSIDER BID OPENING BID 19531, GRE NWAY PLAZA WATERLT}„NE OVERS12E REALTOR,. Nelson pointed out that the City Council has already previously acted on this item by their approval of the oversize agreement. Boyd made a motion to approve the lowest different.,e of $11,786 from B 8 F Construction as the City's share In the Greenway Plaza waterline oversize participation, Second by Thompson. All ayes, no nay<, motion carried. . . . NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR LyAAOENCY , STA C LAW SUPPLIES DANCE WITH THE PR VISIONS EQUIPMENT EXQ{p't'INO SERVICES SUCH PURCHASES OM REQUIREMENTS OF COMPETITIVE SIDS; AND PROVIDING FOR AN FR EFFECTIVE DATE. WHEREAS, state law requires that certain contracts requiringg an expenditure or payment by the City in an amount exceeding $5 be by competitive bids, except in the case of public calamity where it becomes necessary to act tt once to appropriate money to relieve the necessity of the citist:es, or to preserve ths.property of the city, or iv is necessary to protect the public health of the citizens of the cic„ or in easy of unforeseen damage to public property, machinery or equipment; and WHEREAS Section 2.36 (f) of the Code of Ordinances requires- that the dity Council approve all oxpeaditures of more than $3,000; and WHEREAS$ Section 2.09 of the City CL2rter requires that ovary act of the council providing for the • inditure of funds of for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL Of TtE CIT( Or DZIMN HERESY ORDAINS: SECTION I. That the City Council hereb.r determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the oitizeas or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforssen damegQ to -Public pproppoeriy, machinery or equipment, and by reason thereofP' the follwng soar~eney purchases of material, squ "ent, suppdsa, or services, as ascribed in the Purcheue Orders attached hereto, are hereby approved: PURLIWE ORDER K MBER VENDOR AMOUNT 10314 Bone Enslestrs _S 14e~ 52_00 70520 3 t1.4.'N+nt C4. f 12,042,6 ---~.4 - W to )-namic3srwlc• 1 26.099100 PAGE 1 7V 777 a~ 4 Yr f r?i SECTION II. That because of such emergency, the City Naaager or designated emplo as is hereby authorised to purchase the materials, equi.pneat, supplies or services as described in the attsched Purchase Orders and to make payment thevefore in the esounts therein stated, such emergency purchases bi,iog in accordance with the provisions of state law 4124opting s,jch purchases by the City from the require- seats of competitive bids. SECTION III. That this ordinance shall become effective immediste'oy upon its passage mad approval. PASSED AND APPROVED this the 5 day of !3vsg6sr , 1985. RICHARD 0, S37!.17AW1,4OR CITY Or =11TON, TOM ATTESTS UKARLAM ~'AL1;88; U1TY 3EZR.E"PxRT CITY OF DENTON, TEXAS APPROVED AS TO LEGAL PORN, , LEERA ADMI DRAYOVITCH, CITY ATTORNEY CITY Of DEMN, TEXAS BY., PAGE 2 DATE: November 6v 1985 CITY COUNCIL REPORT 10: Mayor and Membel-s of the City Council FROM: Rick Svehia, Acting City Manager SUBJECT: PURCHASE ORDER 110374 ROME ENr,1NEERS RECOMMENDATION: We recommend this purchase order in the amount of $14,527.00 be approved. SUMMARY: Purchase Order !70374 is for the testing of the soil and the liner evaluation for the dump sites at tha landfill. The service includes field investigation, on site testing, engineering laboratory investigation and engineering services. BACKGROUND: Purchase Jrder /70314 A.; PROGRAMS. DEPAR XTS OR GROUPS AFFECTED: Landfill Operations FISCAL IMPACT; This service will be funded from the 1985/86 Landfill Bond Fund Account 1631-002-0303-8502. Res J 11y submitted: Rick Sveh a Acting City Manager E Pr red by: ame: Tom Shaw, C.P.M, Title: Assistant Purchasing Agent Ap;froved: : John J. Marshall, C.P.M. itle: Purchasing Agent 9018 TEXAS STREE^T4 PURCHASL 60160, DtcNYON T06201 P. O. NUMBER DATE /VENDOR NO. 7087 10/2/86 C23 DOCUMENT *+F RON49600 VENDOR SHIP TO: A0NF- ENGINEERS CITY OF DENTON - SOLID WASTE 11308. EMeRALO STREET CONFIRMATION ONLY DALLAS• TX 78229 DO NOT DUPLICATE ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AhlOUN' Ol 631 002 OlO.s 0502 1 90401 EERIN4 SERV1CE898014-044260 149627001 02 631 002 08VJ 8302 SOIL S LINER EVALUATION The City of Denton, Texas Is lax exempt • House Bill No. 20. T , p• . 14959z2& Nv-~)-L-~NMK Reference P. 0. Number on el 18 / L, Shipments and Invoices. Shipments are F. 0. B. City of Denton, or as indicated, By Send Invoices T0: Direct Inquiries T0: City of Denton, Accounts Payable John J. Marshall, C. P.M. Purchasing Agent 215 E, McKinney St., Jenton, TX 76201 Tony P. Shaw, C. P, M. Asst. Purchasing Agent far as indkoted on Purchase Order) 817/536.8311 0/0111 Petro 267-0042 The City of Denton Is an +equat opportunity employe) ~~v a"".';vr r kar" Y P . . Ii' •yr_ _ r. r' r, v DATE: November 5, 385 CITY COUNCIL REPORT TO., Mayor and Members of the City Coi.incii FROM: Rick Svehla, Acting City Manager SUBJECT: PURCHASE ORDER 070520 J b S EQUIPMENT CO. RECOMMENDATION: we recomaend this emergency purchase be approvesi for the repair of four pieces of equipment in the amount of $12,042.16. h SUM14ARY: This is for the emergency repair of four pieces of equipment used at the landfill. The equipment repaired are City of Dentor, numbers 2500, 2525, 2550 and 2499. BACKGROUND: Purchase Order Copy Invoices Receiving Reports PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Vehicle Maintenance FISCAL IMPACT: There is no additional impact on the General Fund. Resp lly submitted: Rick Sveh a Acting City Hander Prepared by: *Purchasing rshaII C.P,M. 1eAgent Approved: 00, o n . yarshall, C.P'M. t1R: Purchasing Agent r 901•B TEx11S TREt=1' Pu ICNA39 00.9. DEN'TON, TX 76201 P, O, NUMBER DATE /VENDOR NO. DOCUMENT TYI 705g o 10/2 [1/ ab C14 JJJ59800 VENDOR MIP TO: J. S f-QUIPMENT CO* VEHICLE MAINTENANCE 602 YILULIFL PARKWAY CONFIRMATION ONLY GRAPID PRAIRIBs YX 78030 DO NOT DUPLICATE REV.1SE A'UNO'f'E t _ 711I S P URCHAa nRnER a IAFRCFACS P.p m 708%0 Seu1r n.._ IMfg TEM ACCOUNY NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE allOJN 01 710 002 0580 8710 A. REPAIR TRANS/SERVICE' 1ZrQ42~1t1 ,i KI ,.I j. The City of Denton, Texas Is tax sxempt • House 811110, 20. TOTAL YOR PjO• 1E.042.I r Reference P.O. Number on all B/L, Shipments and Invoices, Shlpf""'s are F. 0. B. City of Denton, or as Indicated. By r.. Send Invoices TO: Dlract Inqulrlas T9: City of Denton, Aboounts Payable John J 11a►shall, C, P, M, Purckising Agent 215 E, McKinney St., Denton,. TX 76201 Yum D. ;harp, C. P M, ksst. Punhasing Agen' (of a; Indicated on Purchase Order) 817/566 J31i D/FW Mitio 267.0042 The City of Denton is an equal opnortvrslty eoploser X 'l YV ;y- p~C5IVING RtPoR'f DATE- ,w j~ O de% PURCHASE ORDER NO.- ~O S~O Y FROM/V[NDOR TOlDEPAATMENT W.O./ACCT. NO. DELIVERED BY~ NO, ITCH NUMEtN Des IPTION QUANTITY NIIC~ AMOUNT ~ O / C a ❑ PAYMENT APPROVE O f A4_A i~ CITY OF DENTON ~--42956 --;771 PAYM TAPPROV LMWIllu Utrim REC IVED r N~~ •II~Ntq snrl. IMr now". r 'i [3 l r~r x , 7r L~y yen.'~+~ '`Y`'. R ~ cr~}e"'~` KV•t~+ t.~S ~4 i +"a'~i. e; s ..i ' NIP) T CF : .E3 S3 E'i~l.')fttC'r1 cF~2r,+}.r~ If•1C'. ' r.t.,rt; s ~.it iw.itmA*t DATE 1 10/10/85 e;F'Aflt) VPP.lvll;fEv 7EY.AS 73090 'Zt4/262-cT ti (:00 {)UR P.O.I ,0705ol0 AUTHORCXFD PYr JOHN FOR MOAF( : CAT 977 or t~prir,44 s]o1'c T'~.c a~; l3 T, SERIAL NO, c M 8760 VF N ; t"N Ti 7E : Ol Eo) NO.: 2900 (j40 >T HAC1104F. c, 'r TURN f)NF• wAY p 2 R C• I CFrF FLOOR PLATES EdIUE ¢AT:EI..B At BELLY PANS b. ee 1 . , Nr ",wirs r f o'+r1 r, y,4 q -Tr'>rQUE )NYERTrR :?r(:"J1)Trtr tl r CP!F (7,0NVF:RTF_R ^F C CND 11 ' OW f NNS PL)11f f7f'(;0f ll,l L f T f)rl S% AVAPI52IEP PUMP r I F1 E:F,'P7►4C t.; UTCHEM F. BRAKES 1 I,, r a. fl'SFAI. +3E'l;R PtNIONIA f7 t, , CrASSHAFT REPLACE BEARINGS Inc STEERING RE- c SA;3l. rl ( '3TQr113 f' p, ! F)AI)IhTnr,^LE~.PI,R4C)~~i REPAIR r~r^I r:~r F FAH 1-31 .11_.~_F'!R AA FAPJ BFL T j 1 1! SERYIrC MACHINE ccpm"L.E'rE WEl-L' CRACK M LFF'r TRACE; rVLF:- i j Iry r11`tih I..Ag(*fR ( 199.10 HOURS 0FGULAR TtMF') 4~."J7!5.00 F'ICLL' LAFC'R E 8,90 )I!!'JnS REGULAR T711E) it 238.00 f"IFt_r, rfTA.E3AfF t MOO HILE3) 4 93.40 rARrEI nN[) f:,Tl.. 91740.16 ')TS1LtG I..,A86R i t65,00 RACES TAX NONE INVOICE TOTAL $ t11074.56 nr.rtCt cTiL'r-rT ~~'F+ APr VAYAfE F. WITOlf-I ''T1 JAYS. THEng GILL . r. r 1'.Ir,r i :i: 1, .':i f,•;~'y 0'~,: tNWr~t Fc IWeri 11. 2901 7 F?!+'Trl+r, if f,Ff(%pICE Ills. 6I It.C11.. tF!- PAITfa11„y DATES 10/10/95 f;FF+f f► F(,I'• Ism, 'SF: YA6 71591150 ~'+!!R !'11'!h Cr f041-1Fr-jl1 y 14/2b"2-41%11 cooe, P.O. f D f oso:t0 AUNORIZED EYI JOHN ~rr~ll;; ~iC4ClUtlr ~l1:MPEFt~ t11::pi0 • FOR MOCELI INT 4128 C, : 7 i ~+f f: EtJ7otl t3 !.I 11 T'F,:4 r,9 'a T. SERIAL. NO. I 420114U016346 '!F'Flr(,rl rk 7I12b1 EQ NO- 1 2495 st 1~111TAIA- CAB Hqet"P'u r4 'a IIt i n41a: f^i L a _i ii ~I F IF 1, r) on,n r 6.00 11,N)P5 RFC3Ul_AR TIME) 3 169.001 F)El.11 All F_rIGE t 90.00 MIL.E.S) S, S4.100 ^ArIT!' MID r iL s 396.60 >ALT.F. TA,4 NONE IrNJntCE TOTAL 1 6',19.60 fd+li''~'I'! tr+'>' I,tl,'r nrr. r',%1i,,,%P1 F !ttlI Trt '70 f~A~F. THFPF' WILL WOO ORDER for JM ~ ' N.o 292 r • ❑ No Omdme 1 • 1 r • • 0~ i / . E&L A/ A 97 y I k% 40 lx= '~3 DATE: Novemtr 5, 1985 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: PURCHASE ORDER 120612 HOUSTON DYNAMIC SERVICE RECOMMENDATION: We recommend this emergency purchase order be approved for the repair of a boiler feed pump in the mount of $26.038.00, SUMMARY: This emergyency ppurchase order is for the repair of an Allis-Chalmers NPT 24-12 STG Boiler Feed Pump, This is also a one source, factory shop repair as it is a special pump for the power plant. The nearest shop is in Houston, and we have a ;or from Allis-Chalmers,Houston Dynamic Service, Inc. for the amount of $26,038.00. BACKGROUND: Purchase Order Quotation PROW MS, bEPARTMENTS OR GROUPS AFFECTED: The down time is important and the er+ergency status critical bet,cuse we would have one turbine completely out of service FISCAL IMPACT: if the other turbine pump quits. Budgeted Utilities Repair 8 Maintenance Account 0610-008-0261-8339 R pact lly su fitted: ' Rick Svehla Acting City Hau ger -v Prepared by: Now: ohn Marshall, C.P.M. tie - Purchasing Agent Approved: Tit J n J. Marshall, C•P•M. urchasing Agent FF~k t r.r, tip,:. '01 i"'j 90}•8 TEXAS STREET PUIiCHA,8110'RDER ' 000TON, TX 76261 P. 0. NUMBER DATE /VENDOR NO. DOCUMENT YtF 70612 101"85 Boa "OU52001 . VENDOR Sh. TOi HOUSTON DYNAMIC SERVICE CITY OP DENTON*, 8150 LAUNDALB ELIE067RIO PRODUCTION HOUSTONs TX 77012 1701-A SPENCER ROAD DENTON• TX '769205 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN 01 610 008 0281 8339 0312 1 REPAIR ALLIB-CNALNE98 96*034•4C 02 610 008 0281 8339 E312 NPT24-12 8T0 BOILER pD Pump The City of Denton, Texas Is lax exempt • House Oil! No. 20. .03~aIIx Reference P. 0. Number on all 8 / L, Shipments and Invoices. Shipments Ire F. 0. B. City of Denton, or as Indicated, By Send Invoices T0: Direct Inquiries TO: City of Denton, Accounts Payable John J. Marshalt, C. P.M. Purchasing Agent 215 9, McKinney St., Denton, YX 76201 Ton! D. Shaw, C. s U. Assl. Purchasing Agent toe as Indicated od Putchrise Order) 817/566.8)11 D/FIB Metro 261.0042 The City of Denton Is an equal opportunity employer °w A I d F l •r x 4 G ALUS-CHALMSRS HOUSTON RtPAM SHOP S EUSTON OVNAMIG SCAV1Ct, INC. C%N ALLISCHALIILR2 COMPANY) 0180 LAWNDALt • HOUSTON, MAS 77017 9 PHONtG: 713/626.!200 • 7IW92671S1 toul►M[NT KRVIC[S ENVISION October 7, 1985 Cityy of Denton 1701A Spencer Road Dt,nton, Texas 76205 ATTENTION: TOM CHASTAIN 1 REFERENCE: HDS QUOTATION #RH574-85 ALLIS-CHALMERS 6 X jr HPT 24-12 STG PUMP 6 Dear Mr. Chastain: Houston Dynamic Service, Inc, is pleased to submit . a quotation for the repair of your Allis-Chalmers NPT 24 Boiler Feed Water Pump. We hope you find this quotation favorable and utilize the Allis-Chalmers Houston Repair Center. Our work scope for your pump is as follows: A. Repair thrust a3sembly $1,328.00 Be Rotor Repairs 1) Disassemble, inspect, write recommend- ations and quote repairs 20500,00 2) Repair shafts chrome plate and grind at #11 impeller fit 3) Replace #11 impeller 21226.00 4) Chrome plate and grind bore in #12 impeller 170,00 C. Replace casing rings (12) 7,454400 D, Replace diffuser rings 4 188.00 E. Repair balance thrust ring and thrust disc 190.00 F, Replace throttle sleeve ar.d throttle bushing 40284.00 G. Reassemble wheels to shaft 470,00 He True impeller suction side and hub side wear turns 570600 I. Dynamic balance assembled rotor 260,00 J. Strip and final assembly.'of element 1,74040 K, Replace "0" rings and two (2) impeller retaining collars and prepare for shipping 650400 L. Ship to customer N/C M, Provide customer with inspection and reassembly data and balance reports N IC Thtl total cost for above work scope of repairs $26,038,00 with ft).ivery.in six' 0 seven (b to 7) weeks p1e86e'note'#11 impeller delivery causes four'to five (4 to 5)'weeks delay. ALL I$• C 11 A L M i Me C 0 ► 0 II A T 1 0 04 QQ r HR$ 06TH 1574-85/CITYYk,,OF'DENTON , 10/07/as Thank you for this opportunity to submit a bid for this repair. If you have any questions, please feel free to call us at 713/928-7181. I am looking forward to hearing from you. Sincerely, HOUSTON DYNAMIC SERVICE, INC. Ron Holcomb Sales Service RHspp I lei V VW CITY C NCI: R!~'OATT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: ADOPTION OF AN ORDINANCE SETTING THE DATE, TIME AND PLACE FOR PUBLIC HEARINGS CONCERNING THE PETITION OF THE C:TY OF DENTON FOP. ANNEXATION OF APPROXIMATELY 136,56e ACRES BEGINNINO APPROXIMATELY 500 FEET EAST OF THE CENTER LINE OF US Hwy 377 AND SOUTH OP BRUSH CREEK ROAL (A-11) ' RECOMMENDATION: Staff recommends that public hearings be held on November 19 and December 3, 1985. SUMMARY: This is an involuntary petition for annexation initiated by the City of Denton, A 172 acre development Including predominately single family housing, townhouses, six acres of commercial, and approxi- mately 3 acres of retail and multi-family is proposed, This tract is approximatoly 2 miles souta of the urbanized area of the City. BACKGROUND: The City Council directed staff to initiate the annexation proces9 at its meeting of July 3, 19841 The council took final action on June 4, 1985, but the process is being repeated because of an error in the public notific.tion process. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Two (2) reply forms were mailed to owners of property in the affected area, None were returned. FISCAL IMPACT: Undetermined Ilya 'it : Prepared by: a WicSveh Acting City Manager Rhme David Ellison Senior Planner AppA Jeff Me r` Director of Planning and Development 0782e A' S 77 t ' ! 7til _ • 3 If 17 1 Y . NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Cn the day of 1985, at 7:00 o'clock P. M. in the of Denton, y Texas, l he ~Ciitty Council cill wiilp hold Building a p lit shearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described b3lov. On the it the Cie `LouncdlyChf era o + 19650 at 7:00 o'clock P.M. City uniclpal Building of the City of Denton, Texai, the City Council will hold a public lLeari-.g giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wits All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the George N. Daugherty Survey Abstract No. .51, H. Haggood Survey, Abstract No. 317 and the V. Hudson Survey, Abstract No. 586 W more particularly described as follows: ING int in BEGINNnce No. a pp69-40 Tract eI ii, said c yy point flying a500 afe bt least of a in the nd perpendicular to the centerline of U. S. Highway No. 377 and north No. 351 boundary and the i south of bothe undary r line of Daugh the JamesSSevere Survey, Abstract No. 11640 said point also lying in an east and west county road known as Brush Creek Road; THENCE north 89°41'40" east along said survey lines and in said county road, a distance of 1624.94 feet to a point for a corner; THENCE south 0°33'13" west a distance of 805 feet to a point for a corner; THENCE north 89°15'26" west a distance of 163.8 feet to a p0int for a corner, THENCE south 0°51'55" east a distance of 394.5 feet to a point for a corner; THENCE south 2°59'17" west a distance of 919.7 feat to a point for a corner; THENCE north 89°38'13" west a distance of 1451.9 feet to a point for a corner, THENCE south 0°13'18" west a distance of 1032.26 feet to a point for a corner; A-11/WOODCREEK (377 SOU'1'N)/PAGE ONE 1MENCE south 79°08'G4" west a distance of 1789,01 feet to a paint for a corner, said point lying in the present city limits line ac ebtablished by Ordinance No. 69-40 Tract III, sai' point also being 500 feet east of and perpendicular to the centerline of U.S. Hwy. 377; THENCE north 27°28' east along said present %ity limits, 300 feet east of and parallel to the conterline of s.id highway, a distance of 3907.86 feet to tho place of beginnirg and containing 136.58 acres of land, more or lose. SECTION 11. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such ppublic hearing to be published once in a nowspapor having general circulstton in the City and in ti.., above described territory not more than forty days nor less tidn twenty days prior co the date of such public hearing, all in aecordane9 with the Municippal Annexation Act {Article 97041 Vernon's Texas Civil Statutes). SECTION Ill. Thic ordinance shell bu in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD 0. MWART9 MAYOR CITY OF DENTON; TEX4S ATTEbTi ~I CITY OF DENTON, TEXAS AFPROVED AS TO LEM FORM: DEBRA ADAMI DRAYOYITCH, CITY ATTCRNEY CITY OF DENTON, TEXAS BY: A-11/WOODCREEX (377 SOUTH)/PA09 THO irrr'c 1• w r ~3010L NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL IN.'ERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter tha boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the Ceor;e No. Daugherty 5 7 and Survey, W~. AHudsont SuNo, 351, H. rveyp Abstracto^No. 586 , end .-e particularly described as follows: BEGINNING at a city Ordinance No. 69-40, Tract the present said point hying 3500 sfeet least of and perpendicular to the centerline of U. S. Highway No. 377 and in the north boundary line of the George W. Daugherty Survey, Abstract No. 351 and the south boundary line of the James Severe Survey, Abstract No. 1164, said point also lying in an east and west county road known as Brush Creek Road; THENCE, north 89°41'40" east along said survey lines and in said county road, a distance of 1624 94 feet to u point for a corner; THENCE south 0°33'13" west a distance of 805 feet to a point for a corner; THENCE north 89°15'26" weer a distance of 163.8 feet to a point for a corner; THENCE south 0°51'55" e.st a distance of 394.5 feet to a point for a corner; THENCE south 2°59'17" west a distance of 919.7 feet to a point for a corner; THENCE north 89°38'13" west a distance of 1452.9 feet to a point for a corner; THENCE south 0°13'18" west a distance of 1032.26 feet to a point for a corner; THENCE south 79°08'04" west a distance of 1789.01 feet to a point for a corner said point lying in the present city limits line as established by Ordinance No. 69.40 Trae.t III, said point also being 500 feet east of and perpendicular to the centerline of U.S. Hwy. 377; THENCE north 27°28' east along said present city limits, 300 feet east of and parallel to the centerline of said highway, a distance of 3907.86 feet to the place of beginning and containing 136.58 acres of land, more or lose. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of 1985, at 7:00 o'clock P. H. in the C tty"Zouncil C am ere o the 11unicipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said tins and plane all such persona shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A-I1/u00DCREEK (377 SOUTH)/PAGE ONE , < e :3%. 77 A Publ±z Hearing will be hold by and before the City Council of the City of Denton, Texas, on the day of 1983, at 1:00 o'clock P. M. in the CiFy-Council Cam era o t is Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persona shall have ttie 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. CITY OF RNTOM, TEW ATTEST: CHARLOTTE ALLENt CITY SECKEM M 11/WOODCREEK (311 SOUTH)/PAGE TWO v TIT .I 1 Amd ~•A-f1 \ 1 iy .MF~T ~ I i M j 1 iE t . ANNSAAAH" SC&OULB Octooer 28, 1985 Suomit agenda item Octooer 29, 198h Suomit agenda bacK-up + Nove,nuer D, 1965 City Council Sate date, time and place for puulic nearing Nuvemoar 6, 19d5 Notice to Denton Record Cnronicle Novemoer 8, i965 Puolisn notice and mailout Novemoer 11,19d5 Suumit agenda item Novemoer 12,19d5 Suomit agenda oacK-up November 19, 1985 City Council holds first public nearing Novamuer 2U, 19d5 Notice to Denton Record Cnronicle Novemoer 22, 19a5 Puolisn notice and mailout Novemoer 25, 1965 Suomit agenda item Novemoer 26, 1965 Submit agenda oacK-up Deceinuer 31 19d5 City Council nolus second puulic hearing I Ducamoer 9, 1985 Suomit agenda itam December lu, 1986 Suomit agenda naCK-up * uecemoer 17, 19dd City Council Institutes annexation proceedings Jecemuer id? 19d5 ordinance to Denton Record Cnronicla Decemoer 20, 1985 Puolisn ordinance January 13, 1983 Suomit agenda item January 14, 1985 Suumit agenda back-up January 21, 1986 Pinai action uy City Council * Denotes action oy the City Council U964g 7,11, Mr ~ 1-1-7 DATBs 1t1i1.65e Cin COUNCIL REPORT FbRKAT i Tot Mayor and Members of the City Council FROM, Rick Svehla, Acting City Manager SUBJBCT: ADOPTION OF AN ORDINANCE SETTING, THB DATE, TIME., AND PLACE FOR PUBLIC HEARINGS RIG,ARDING THR PETITION OF THB CITY OF DINTON FOR ANNBxATION OF APPROXLMATILY 93,67 ACRES BIGINNING 350 FBBT SOUTH OF AND PIRPINDICULAR TO'THB CBNTBR LINT OF US WT 360 AND BAST OF GEBSLING ROAD (CAPRICORN 140BILI HOME PARK AND SURROUNDING PROPIRTY) (A-13) RRCOFRiINDATION s The Punning and Zonirg Commission reeoamended approval at its wasting of March 13, 1985. Staff reeoamends that public hearinga be held on November 19 and Deeerwber 3, 1985. SUMMARY 3 This is one of six annexations being reprocessed due to an error to publication procedures. The Holigan Development Corporation proposed expansion and improvement of the existing Capricorn Mobile Home Park to precipitate this annexation petition. The existing mobile home park is situated on approximately 30 sores and an additional 63+ acres wee proposed for mobile home land use (approximately 6-7 unite per Lore projected). Upgraded utility service to the existing mobile home Park is a potential plus of the proposal. Continuation of the pattern of c.acsntrating manufaotured/mobile home park land use in east Denton was a major factor and polioy question. A strip ofthe existing park and property along 380 frontage to already in the city limits. The plans for Holigan Development's expansion of Capricorn Mobile Hove Park have not been followed through an to date. BACKOROUNDs A preliminary plat of the existing and proposed expansion area was submitted for review by the Development Review Committee, The City Council issued a directive to staff to initiate the annexation process at its meeting of December 180 1984. The Planning and Zoning Commission, Public Utilities Board, and City Council approved a request for extension of City water to the site. As stated earlier., plans for expansion of the existing mobile home park have not continued to date. The engineering tire for Holigan Development Corporation has informed state of no request for action or additional work during the past eight months. r r - 9 ti a . ,•.p. 1 A s v 5 iv.. 'i tR '1 A-13 Page 2 PROGRAMS, DBPAftTlBM OR GROUPS, AFFICIRD: Building Inspection, Solid Waste, Police and fire would have to provide services immediately upon annexation. ?here are approximately 150 residents of Capricorn Mobile Nome Park. ProSected population if original plrana for development ever occurs as proposed is 11625. FOCAL IMPACV Undetermined ly ubm ed: aakSvehla Acting City Manager Prepare by: , David ttison Senior Planner App ve Jeff May Director of Planning anA Development 105~g N G r. ' min Win ~ NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PaJPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY L;C19NCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. On the day of , 1985, at 7:04 o'clock P. M. in the City zouncil C ao ere o t e Municipal building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the day of , 19851 at 7:00 o'clock P.M. in the`M-y Council am ere o the Municipal Building of the City of Denton, Texas, the City Council will hold a publl hearing giving all interested persona the right to appea. and be heard on the proposed annexation by the Cit;r of Denton, Texas of the following described pruperty, to-wit: All situatedt in certain Countycof Denton parcel State of Texas lying and be' g bpart of the M. Forrest Survey, Abstract No. 417, A sore particularly described as follows: Tract I: BEGINNING at a point in the -present city lint*s as es3 crrib d in Orainance Nn. 69.40, Tract , said point ly,'' d 350 feet south of and perpendicular to the center line of U. S. 380 and in the east boundary line of Lot 4, Block t of the line of subdivision the e.-.st trof said act conveyed ttoSurvey FSCS~ Company by some recorded s in Volume 1099, Page 923 of the Deed Records of Dalton County, Texas; THENCE south 1°40' west, along the east boundary line of said lot and tract, a distance of 339.51 feet to a point for a corner, same being the southeast corner of said lot and tract; THENCE north 87°07'30" west, along the south boundary lire of said lot and tract, a distance of 545.26 feet to a point For a corner, same being the southwest corner of said tract; THENCE north 1°03'40" west, along the west boundary line of s+id tract, a distance of 227.9 feet to a point for a corner in 1,e said city limits; THENCE north 81°26' east, along said city Ifilte 350 fee south of and perpendicular to the center line of said U.S. }300 a distance of 564.97 feet to the place of bagirning and e-ntaining 3.39 acres of land, more or leas. Tract Ii: BEGINNING at the northwest corner of a tract of land conveys to FSCS Co. by deed recorded in Volume 11971 Page 564 of the dead records of Denton County, Texas Same bola the northwest cornea of Lot 30, block A of the subdivision of the M. Forrest Survey, Abstract No. 4170 said point also tying in the A-13/CAPRICORN MPHU PACE ONE r t ..c ..i:. ` "17,1 .F k`d4 y i, n,+ t; . 7.r ' r •.,1 p ' t t east line of a north and south county road known as Geesling • Road; THEN:; north 87°04'15" east, along the north boundary line of said tract and lot, passing the southwest corner of the above described Tract Is a distance of 1485.18 feet to a point for a corner; THENCE north 86°56'59" east, continuing along said lines, a distance of 1379.92 feet to a point for a corner, same being the northeast corner of said FSCS Co. tract and Lot 11, Block A of said subdivision; THENCE south 2°5335" east along the dart boundary line of said FSCS tract and Lot 11, distance of 37;.39 feet to a point for a corner, same being the southeast corner of said FSCS tract, THENCE south 86°59'04' west along the south boundary line of said FSCS tract, a distance of 2527.35 fast to a point; THENCE south 87°18'40" west, continuing aloha said south boundary line, a distance of 338.60 feet to 4 point for a corner, same being the southwest corner of said FSCS tract and in the east line of said county road; THENCE north 2°45'51" west along the west boundary line of said FSCS tract and the east line of said county road, a distance of 379.69 feet to the place of beginning and containing 24.96 acres of land, more Cr lose. Tract 111, BEGINNING of the northwest corner of a tract of land conveys to Jamer H. Russell, Jr. by deed recorded in Volume 578, Page 515 of the Deed Records of Denton County, Texas, same Loing the southwest corner of the above described Tract II, said point also lying in ?-.he east line of a north and south county road known as Ceesling Road; THENCE south 89°32'49" east along the north boundary line of said Russell tract, sale being the south boundary line of the above described Tract II, a distance of 338.12 feet to a point; THENCE south 89°50'58" east, continuing along said lines, a distance of 2526.83 fet, to a point for a corner, same being the southeast corner of said above described Tract II; THENCE south 0°17'13" east, a distance of 663.40 feet to a point for a corner; THENCE south 89°56'21" rest, o distance of 712.0 feet to a point for a corner; THENCE north 89°24'39" west, n distance of 728.48 feet to a point for a corner; THENCE south 0°07'52" east, a distance of 985.11 feet to a point for a corner, said -10i+1t lying ie the north line of the east and west county road known as Blap•- Road; THENCE north 89`5030" v at along the north line of Biagg Road, a distance of 719.56 feet to n point for a corner; THENCE north 0905'30" east, a distance of 365 feet to a point for s corner; A-13/CAPRICORN MPH//PACE Two 71 0 THENCE north 84°54'30" west, a dLatance of 36.28 feet to a point for a corner; THENCE north 46°13'49" sa►t, a distance of 45.10 feet to a point fo. a corner; THENCE south 89°59'49" west, a distance of 549.5 feet to a point for a corner; THENCE north 40°27'41" west, a distance of 255.8 feet to a point for a corner, said point lying in the seat line of Geesling Road; and the west boundary line of said Russell tract; THENCE north 0°00'11" west, along the west boundary line of said Russell tract and east line of Geesling Road, a distance of 459.04 feet to a point for a corner; THENCE south 89°54'18" east, a distance of 337.0 feet to a point for a corner; THENCE north 0°55'15" east, a distance of 538.17 feet to a point for a corner; THENCE north 89°27'34" west, a distance of 337 feet to a point for a corner in the east line of said Geesling Road; THENCE north 0°30'22" west, along the east line of Geesling road, a distance of 59.37 feet to the place of beginning and containing 65.12 acres of lend, more or lees. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than fcrty days nor less then twenty day2 prior 0 the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 910s, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD 0. STEWAKT, MA CITY OF DENTON, TEXAS ATTEST: CHAROTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVLTCH, CITY ATTORNEY CITY OF DENM. N, TEXAS BY: A-13/CAPRICORN MPH//PACE THREE N 9 10 4 r ti aI -1 F 6 16 3L NOTICE OF PUBLIC NEARING ON CONTEMPLATED ANNEXATION NOTICE IS HERESY GIVEN TO ALL INTERESTED PEkSONS THAT. The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the following described teiitory to the corporate limits of the City of Denton, to-wit: All that certain tract or parcel of lr.nd lving and being situated in the County of Denton, State of Texas and being part of the M. Forrest Survey, Abstract No. 417, and more particularly described as follows: Tract I: BEGINNING at a point in the present city limits as escrib d in Ordinance No. 69.40, Tract V, acid point lying 350 feet south of and perpendicular to the center tine of U. S. 360 and in the east boundary line of Lot 4, block A of the subdivision of said Forrest Survey, same being the east boundary line of a tract conveyed to FSCS Company by deed recorded in Volume 10999 Page 923 of the Deed Records of Denton County, Texas; THENCE south 1°40' neat, along the seat boundary line of sal"_ lot and tract, a distance of 339.51 foot to a point fcr a corner, sale being the southeast corner of said lot and tract; THENCE north 87°07'30" vest, along the south boundary line of said lot and tract, a distance of $45.26 feet to a point for a corner, same being the southwest corner of said tract; THENCE north 1°03'40" west, along the west boundary line of said tract, a distance of 227.9 feet to a point for a corner in the said city limits; THENCE north 81°26' east, along Paid city limits, 350 feet south of and perpendicular to the canter line of said U.S. 3801 a distance of 564.97 feet to the dace of bebtnning and containing 3.59 acres of land, more or lest. Tract 11, BEGINNING at the northwest corner of a tract of land conveyed' to FSCS Co. by dead recorded in Volume 1197, Page 564 of the dead records of Denton County, TexeI same being the northwest corner of Lot 10, Block A of the subdivision of the M. Forrest Survey, Abstract No. 417, said point also lying in the j east line of a north and south county road known as Ceesling Road; , THENCE north 87°04'15" east, along the north boundary line of said ttact and lot, passing the southwest corner of the above described Tract I, a distance of 1485.18 Feet to a point for a corner; THENCE north 86°56'59" east, continuing along said lines, a distance of 1379.92 feet to a point for a corner, same being the northeast corner of said FSCS Co. tract and Lot It. block A of said subdivision; THENCE south 2°53'35" east along the east boundary line of said FS;S tract and Lot 11, a distance of 379.39 feet to a point for it corner, same being the southeast corner of said FSCS tract; THENCE south 86°59'04" west along the south boundary line of said FSCS tract] a distanco of 2527.35 feet to a point; A-13/CAPRICORN HPA//PACE ONE jl't TFi e ~ }i 't C ♦ -h y„ 7.i o d THENCE south 87°18'40" west, continuing along said south ; boundary line, a distance of 338.60 feet to a point for a corner, same being the southwest corner of said FSCS tract and in the east line of said county road; j THENCE nortl. 2`45151" west along the west boundary line of said FSCS tract and the east line of said county road, a distance of !79.69 feet to thu place of beginning and containing 24.96 acres ! of land, more or lass. Tract III: BEGINNING of the northwest corner of a tract of land conveys to James H. Russell, Jr. by deed recorded in Volume 5780 Page $15 of the Deed Records of Denton County, Texas, same being the southwest corner of the above described Tract II, said point also lying in the east line of a north and south county road known as Ceesling Road; THENCE south 89°32'49" east along the north boundary line of said Russell tract, same being the south boundary Une of the above described Tract II, a distance of 338.12 feet to a point; THENCE south 89°50'58" east, continuing along said lines, a distance of 2526.83 feet to a point for a corner, same being the southeast corner of said above described Tract 11; THENCE south 0°17'13" east, a distance of 663.40 feet to a point for a corner; THENCE south 89°56'21" west, a distance of 712.0 felt to a point for a corner; THENCE north 89°24'39" west, a distance of 729.48 feet to a point for a corner; THENCE south 0°07'52" east, a distance of 985.11 feet to a point for a corner, said point lying in the north line of the east and west county road known as Blagg Road; THENCE north 89°54'30" west along the nor►h line of Blagg Road, a distance of 719.56 feet to a point for corner; THENCE north 0°05'30" east, s distance of 365 feet to a point for a corner; TUNCE north 89°34'30" west, a distance of 36.28 feet to a point for a corner; THENCE north 46°13'49" east, a distance of 45.10 feet to a point for a corner; THENCE south 89°59'49" west, a distance of 549.5 feet to a point for a corner; THENCE north 40°27'41" west, a distance of 255.8 feet to a point for a corner, said point lying in the east line of Ceesling Road; and the west boundary line of said Russell tract; THENCE north 0°00'11" west along the west boundary line of said Russell tract and east 1 no of Ceesling Road, a distance of 459.04 feet to a point for a coragr; THENCE south 89°54'18" east, a distance of 331.0 feet to a point for a corner; A•13/CAPRICORN MPH//PACE TWO THENCE north 0°55'15" east, a distance of 538.17 feet to a point for a corner; THENCE north 89°27'34" west, a distance of 337 feet to a point for a corner in the east lire of said Ceesling Road; THENCE north 0°30'22" west, along the east line of Ceesling Road, a distance of 59.37 feet to the place of beginning and containing 65.12 acres of land, more or leas. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of , 19850 at 7:00 o'clock I. M. in the Cn-y Council Chambers of th e Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City council of the City of Denton, Texas, on the day of , 19850 at 7:00 o'clock P. N. in the Ci}y70uncil C am era 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 persona sha?1 have the right to appear aid be heard. Of all said matters and things, a[1 persons interested in the things and matters herein mentioned, will take notice. RTESTEWAKT; MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLENO CITY M A•13/CAPRICORN MPH//PACE THREE ,r I 7=t l V~j . 4 1 • ~I Y' ~ \ ~ . • • it I , r r R r Aeml It +■+7 ) VMI/ LMJ . j Casr~~Jt, l .~I k 00% A-13 ANNSXAMN SCde uuLe Octooer ld, lid5 Suomit agenda item Qctooer 19, 1945 Suomit agenda uaCK-Up Nova,nuer 19d5 City COUnCil Jets ddte, time and place for puulic nearing duvamoec u, 19d5 notice to Denton Record Chronicle NOVemoer d, 19dy OU0119n notice and ma11ou-, doveinoer 11,1165 Suo,nit agenda item Novemoer 12,1ld3 Sup,ait agenda bdCK-up * Nuvembar 19, lld~ City Council nolds first puoiic nearing Novainuar LU, 19th Notice to Denton Record Cnrunicle Novemoer 22, 19d5 Puolisn notice and mailout Novenoer 15, 1965 Suo9git agenda item Nuvb,noer 16, 19th Suu,nit agenda OdCK-up Dece,naer 3, 19d~) City Council cioius second puulic hearing Decamoer 90 1965 Suomit agenda item uecelnuer 1U, 198a Suomit agenda uacK-up Jaca,noec 17, 19do City Council institutea annexation proceedings Jaceinuer id, 19d5 ordinance to Uantun Record Chronicle oeceinoer 1U, 1965 Puolisn ordinance January 13, 1185 Suomit agenda ite-1 January 14, 1985 Suomit agenda bac:K-up ' January 21, lldd Final action oy City Council " Denotes action oy the City Council U964g DATES t~/"S3S CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: ADOPTION OF AN ORDINANCE SETTING THE DATE# TIMED AND PLACE FOR PUBLIC HEARINGS REGARDING THE PETITION OF R. O. MCDONNELL FOR ANNEXATION OF APPROXIMATELY 34.60 ACRES SITUATED IN THE M. FORREST SURYEYo ABSTRACT 417 AND BEGINNING APPROXIMATELY 250 FEET SOUTH OF AND PERPENDICULAR TO THE CENTER LINE OF F.N. 426 AND APPROXIMATELY 20000 FEET EAST OF MAYNILL ROAD (A-14) RECOMMENDATION: Staff recommends that public hearings be helO on November 19 and December 3. The Planning and Zoning Commission recommended annexation and Zoning at its meeting of March 13, 1985. SUMMARY: This is one of six annexations being reprocessed due to an error in publication procedures. The purpose of the annexat'on is to extend City control of development and land use into this area. A petition for a change in zoning for duplex and commercial laid use aai submitted and approved. BACKGROUND: A final plat has been approves and immediate construction is anticipated. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: If annexed and z')ned, all City departments providing basic services (Police, Fire, Solid Waste, etc.) future resiuents and businesses. FISCAL IMPACT: undetermined R pect 11y s mit s r Prepared by: Rick Svehln ( Q e,,,'~- Acting City Manager David Ellison Senior Planner Appro ed: Jeff Meye Director of Planning and Development 06958 i011L NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOT'iCE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. On the day of , 1985, at 7:00 o'clock P. M. in the City `Council C am er~ti Municipal Building of the City of Denton, Texab, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the Cicy of Denton, Texas of the property described below. . On the day of , 1985, at 7:0 o'clock P.M. in the-My Council am`Lfi Seri oC-the tunicipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on i.ie proposed annexation by the City of Denton, Texas of the following described property, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the M. Forrest Survey, Abstract No. 417 said point lying in the present city limits as established by 'Ordinance No. 83-134, said p..lnt also lying 250 feet south of and perpendicular to tho center line of V.M. 426 (East McKinney) and in the west boundary line of a tract of land conveyed to R. 0. McDonnell by deed recorded in Volume 1200, Page 462 of the Deed Records of Denton County, Texas: THENCE south 68°18'50" east along the present city limits, 250 feet s,--ith of and parallel with the centerline of F.M. 42C (East McKinney), a distance of 319.22 feat to a point for a corner; TPFNCE south 64°33'48" east along said lines, a distance of 424.31 feet to a point for a corner; THENCE Louth 630'44111" east, along said lines, a distance of 3)',.19 feet to a point for a corner; THENCE south 0°10'40" west, a distance of 664.96 feet to a point for a corner; THENCE south 1°00'46" east, a distance of 798.58 feet to a n51nt for a corner said print: lying in the south boundary lies of said McDonnell tract; THENCE north 89°30'13" west, along the south boundary line of said McDonnell tract, a distance of 812.67 feet to ■ poini for a corner, same being the southwest corner of maid McDonnell tract; !HENCE north 1°00'46" watt, along a 4est boundary lice of said .McDonnall tract a distance of 798.'8 feet to a point for a corner; THENCE north 88°07'49" west, along a south boundary line of said tract, a distance of 158,15 feat to a point for a cornerl A-141R. 0. MCDONNELL/PACE ONE THENCE north 1°00'54" east, along s west boundary line of said tract, a distance of 691.37 feet to a point for a corner; THENCE north 0°14'47" west, along a west boundary line of said tract, a distance of 311.99 feet to a point for a corner; THENCE north 1011158" west along a west bounder? line of said tract, a distance of 78.75 feet to the place of beginning and contaning 34,60 acres of land, more oe lees. SECTION Ii, The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having genersl circulation In the city and in the above described territory not more then forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexaticn Act (Article 970s, Vernon's Texas Civil Statutes). SECTION ILL This ordinar,le shall be in full force and effect immediately following its passage and approval. PASSEL AID APPROVED this the day of , 1985. RICHARD 91 SFEWARTj MAYOR CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON,OTEXAS APPRO/ED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: A-14/R. 0, MCDONNELL/PAGE TWO IOIIL NOTICE OF PUBLIC HEALING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton. Texas, proposes to institute annexation proctodinas to alter the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-wit All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the M. Forrest Survey, Abstract No. 417, said point lying in the present city limits as established by Ordinance No. 83-134, said point also lving 250 feet south of and pperpondtcular to the center line of F.)i. 426 East McKinney) and in the west boundary line of s tract of lan conveyed to R. 0. McDonnell by deed recorded in Volume 1200, Page 462 of the Deed Records of Denton County, Texas: THENCE south b8°18'50" east along the present city limits, 250 feet south of and parallel with the centerline of F.M. 426 (East McKinney), a distance of 319.22 feet to a point for a corner; THENCE south 64°33 ".1" east along said lines, a distance of 424431 feet to a point for a corner; THENCE south 63°44'11" east, along said lines, a distance of 316.39 feet to a point for a corner; THENCE south O°10'40" vest, a distance of 664.96 feet. to a point for a corner; THENCE south 1°00146" east, a distance of 798.58 feet to a point for a corner said point lying in the south boundary line of said McDonnell tract] THENCE north 89°30')3" west, along the south boundary line of said McDonnell tract, a diet an co of 812.67 feet to a point for a corner, same being the southwest corner of said McDonnell tract; THENCE north 1°00'46" vast, along a vast boundary line of said McDonnell tract a distance of 798.58 feet to a point for e corner; THENCE north 88°07'49" west, along a south boundary line of said tract, a distance of 158.15 feet to a point for a corner; THENCE north 1°00'54" east, along a west boundary line of said tract, a distance of 692.31 feet to a point for a corner; THENCE north 0°14'47" vest, along a west boundary line of said tract,, a distance of 321.99 feet to a point for a corner; THENCE north 1°11'58" west, along a west boundary line of said tract a distance of 78.75 feet to the place of beginning and containing 34.60 acres of land, morn or lees. A Public Hearing will be held by and before the City Council of the City of Denton. Texas, on the day of , 1985, at 7:00 o'clock P. M. in the Ctt-y Council Chambers of"Me Municipal Building of the City of Denton, Texas, for all parsons interested in the above proposed annexation. At sr,id time and place all such persons shell have the right to appear and be A•14/Ra 0. MCDONNELL/PAGE ONE -VT 7 • heard laoatters herein men il nedel will take noticepated in the thtgs and A Public hearing will be held tv and before the City Council of the City of Denton, Texas, on t'te day of 1985, at 7:00 o'clock P. M. in the CiFy Z'ouncil Chimers of na, Municipal Building of the City of Deoton, Texas, for all persons interested in the above proposed annexation. At Fyld time and phlace all such persons shall have the ri ht to appear and be rd. Of all he things and a matters herein mentioneda will take notice. ested e t i CITY Of DEN.)N, TEXAS ATTEST? ALLEN, CFV=TTE CITY V A•14/K. 0. MCDONNBLL/PAGE TWO y a7P , 9 i r own" r 1 "''r ammoomp 1 .0090" i,.. -•-x'11 f 81e M~r y . I A-14 ' E • A-14 ANNeXAMN SC34OUL8 OCtODer 2d, 1985 Suomit agenda item Octooer 29, 1985 Suomit agenda bacx-up * Novemuar 5, 19d5 City Council sets date, time and place for puolic nearing Novemoar 60 1985 Notice to Denton Record Chronicle November d, 19d5 PUDiisn notice and mahout November 11,19d5 Suomit agenda item Novemoor 1?,19d5 Suomit agenda uavk-up * Nuvamoar 19, 1966 City Council voids First puolic nearing Novemoar 20, 1965 a0tice to Denton R3COrd Chronicle Novesnoer 22, 1985 Puollsn notice and inailoc t, Nuvamoar 25, 1986 Suomit agenda item Nuvemoer 26, 19d5 Summit agenda odcx-up * uecemuer J# 1985 City Council noloa second puolic nearing Decamuer 91 19d5 Suomit agenda item December 10, 1985 Suomit agenda pack-up * Decamoer 19, 1946 City Council institutes annexation proceedings December ld, 19d5 Urdinance to Denton Record Chronicle Uece,noer 2J, 19d5 Puolisn urdioance January 13, 19d5 Subinit agenda ite,i January 14, 19x5 Submit agenda nacx-up * January 21, 1986 Finai action oy city Council * Denotes action by the City Council U964g DATE: CITY COUNCIL REPORT FOMA T T0: Mayok and Members of the City Council FROM: Rick Svehla; Acting City Manager ~~~......777 SUBJECT: ADOPTION OF AN ORDINANCE SETTING THE DATE, TIME, AND PLACE FOR PUBLIC HEARINGS REGARDING KE PETITION OF THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATEL7 12.35 ACRES OF LAND BrING PART OF THE S. HUIZAR .-,JEYo ABSTRACT 511 AND BEGINMING APPROXIMATELY 500 FEET NORTH OF AND PERPENDICULAR TO THE CENTFR LINE OF US HIGHWAY 380 AND WEST OF MASCH BRANCH ROAD (A-15► 1?ECOMMENDATION: The Planning and .oning commission recommend ipproval. Taff recommends that publi t,earings be held on November 1' and December 3, 1985. SUMIIARYt This is one of six annexations being reprocessed due to an error in the publication process. This site represents the balance of the Tri-Steel Structures, Inc. property beginning north of 380 West and west of Masch Branch Road, Zoning and plat approval for a five acre office site was approved by the Planning and 2nning Commission and City Council. No development has oc rre to date. BACKGROUND: The City incil direc ed stall to a--)ex the entire Tri-Steel Structures, Inc. property i )ctobei 1981. Annexation of the entire :arcei was deiaye pending submission of a proper legal descripLion. This is an invr,1untary annexation] however, the property owner has not objected date. PROGRAMS, DEPARTMENTS ire GROUPS AFFECTED: No population or housing exists at the site FISCAL IMPACT: Undetermined ~e ectf ly su itt d: Prepared by: eh a lydA. Acting City Manager David Ellison Senior Planner Appro it Jeff Mey Director of Planning and Development 06938 i lOi2L N0. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTIAO THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. On the day of , 1983, at 7:00 o'clock P. M. in the C;ty Touncil Chambers of th e Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the day of 1985, at 7:00 o'clock P.M. in the`Z'iiy Council Chambers o he Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of ris following described property, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton State of Texas, being part of the S. Huizar Survey, Abstract 6. 514, and Dora particularly described as follows: BEGINNING at a point in the prevent city litsits as described in Ordinance No. 14.36, Tract 5, said point lying 500 feet north of and perpendicular to the center line of U. S. Hwy. 380 and in the west boundary line of a tract of land conveyed to John F. Brown by deed recorded in Volume 1092, Page 744 of the Deed Records of Denton County, Texas; THENCE north 0°49'16" vest along the west boundary line of said Brown tract, a distance of 969.60 .let to a point for a corner, same being the northwest corner of said Brown tract; THENCE north 89°02'33" east along the north boundary line of said f own tract, a dietance of 2090.53 feet to a point for a corner, same being the northeast corner of said Brown tract, said point lying in the west Line of a north and south county road known as Meech Branch Road; THENCE south 1°23'18" east along the east boundary line of said brown tract, same being the %sst line of said county toad, a distance of 555.7 feet to a point for a corner; THENCE south 88'36124" west, a distance of 390.89 feat to a point for a corner, said point lying in the center of a creek; THENCE southerly along the center line of said creek the following five Q) calls: (1) south 12°54'08" east, 9 07 feat; (2) south 56 16 35" west 178.4 fee' (3) south 874834" west, 10j.6?feet; (4) south 710 57'02" ~.tst, 1%2.88 feet; (5 south 51 07 11" east 218.41 feet to a point f a corner In the eatd present city 11mitio A-1S/TRI-STEEL STRUCTURES, INC.; AGE ONE . THENCE .forth 89°11'56" vast., along the said present city limits a distance of 1587.90 feet to the glace of beginning and containing 42.35 acre of land, more or less. SECTION It. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having ggeneral circulation in the City and in the above described territory not more than foray d.ys nor 'Leas than twenty day prior to the date of rnch public i..rarin , all iii accordance with the runicipal Annexation Act (Artic-e 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of , 1985. CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLM-,CrrY-3=1M CITY OF DEN?ON, TEXAS APPROVED AS TO LEGAL FOKMI DEBRA ADAAI DKAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: A-13/NI-STEEL '.IRUCTUREG, INC./PAGE TWO r. ° 11 _171 NOTICE OF PUbLIC HEARING ON CON!EMPLATEO ANNEXATION NOTICE IS HEREBY GIVZN TO ALL INTERESTED PERSONS 'CHAT: :he City of Denton, Texts, proposes to institLte annexation proceedings to after the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-wit: All that certain tract or parcel of lend lying and Laing situated in the County of Denton, State of Texas, being part of the S. Huizar Survey, Abstract No. 514, and more particularly described as followa: BEG0 1iING at a point in the present city limits as described in ordinance No. 74-36, Tract 5, said point lyiag 500 feet north of and perpendicular to the center line of U. S. Hwy. 380 and in the west boundary line of a tract of land conveyed to John F. Brown by deed recorded in Volume 1092, Page 748 of the Deed Records of Denton County, Texas; W ENCE nort'i 0°49'16" west along the +iest boundary line of said Brown tract, a jistance of 969.60 feet to a point for a corner, same being the northwest corner of said Brown tract; THENCE north 69°02'33" east along the north boundary line of said Brown tract, a distance of 2090.55 feet to a point for a corner, same being the northeast corner of said Brown tract, said point lying in the west line of a north and south county road known as Masch Branch Road; THENCE south 1023'18" east, along the east boundary line of said Brown tract, rams being the west line of said county r:.Yd, a distance of 553.7 feat to a point for a corner; THENCE south 88°36'24" west, a distance of 390.89 feet to a point for a corner, said point lying in the center of a creek; THENCE southerl along the center line of said creek the following five5)calls: (1) south )2°54'08" east 6 95.07 feet; (2) South 56016 3511west, 178.4 feet; (3) south 87 48'54" west, 106.69 feet; (4) south 20°57'02" west, 132.88 feet; (5) south 51°07'11" east, 218.41 feet to a point for a corner in the said present city liaitc; THENtZ north 8992l'46" west, along the amid present city limits a distance of 158..90 feet to the place of beginning and containing 42.35 acres of land, more or less. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of 19859 at 7:00 o'clock P. M. in the C t~Council C an era o t q Municipal Building of the City of Denton, Texas, for all persons interested in the above prorased annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said mattsrs and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Couccil of the City of Denton, Texas, on the day of , 19851 at 7:00 o'clock?. M. in the C[EF Council Chambers of the A-15/TRI-STEEL STAUCTUREL, INC./PIECE ONE Municipal Building o! the City of Denton, Texas, for all parsons interested in the above proposed annfxation. At said tine and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persona interested in the things and matters herein mentioned, will take notice. CITY OF DEN'1'ON, TEXAS ATTEST: CHARLOTTE ALLEN* CITY SECRETARY A•15/Tits-STEEL STRUCTURES, INC./PAGE TWO won A-15 TM r . r• 1\ t Tdi . °i. A a J ~r ir, 1n , A-15 Ali NUATION SCddDUL6 Octouec id, 1965 Suumit agenda item Uctooar 29, 19di Submit agenda bacK-up * duvemoer 5, 19d5 City Council sets date, time and place for public nearing Novemoer o, 19d5 notice to aenton aecord Cnronicle .4oveouer d, 1985 Puolisn notice and maiilout duveinuer 11,1965 Suumit agenda item Aovemoer !2,1985 Submit agenda oaex-up * Nuveinber 19, l*id:) City Council nolds first puolie nearing ,iovemoet 20, 1945 Notice to Denton Record Cnronicle doveinuer 22, 19d5 Puolisn notice and mailout Auvemuer 25, 1985 Suoinit agenda item rlovemoer 26, 19do Submit agenda oaex-up * December 31 1985 City Council nolu3 second public nearing December 91 1 Submit agenda ite,n December 10, 19dD Submit agenda bac~,-up * Deceinuer 171 l4d6 City Council. institutes annexation proceedings December iJ, 19d5 Urdinance to oenton dzcord Cneunicle uecemuer 200 19d5 Publish ordinance January 13, 1980 Submit agenda ite,z January 14, 19d5 Suo,nit agenda baCK-up * January 21, 19d6 Final action by city Council * Denotes action oy cne City Council J9d4g { ;AS 1 i DAY Bt 11~ . CITY COUNCIL'REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting city manager SUBJECT: ADOPTION VF AN ORDINANCE JETTING THE DATE, TIME, AND PLACE FOR PUBLIC HEARINGS REGARDING THE PETITION OF HAMMETT 6 NASH$ INC. AND THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 150 ACRES OF LAND LOCATED WEST OF MAYN:LL ROAD APPROXIMATELY 4,000 FEET WORTH OF I-35 (A-17) RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 13, 1985. Staff recommends that public hearings be held on November 19 and December 3. SUMMARY: This petition for annexation was precipitated by a voluntary petition for annexation and zoning. The tract is 31so adjacent and north of the M.K.&T. Railroad. BACKGROUND: This is one of six annexations being reprocessed due to an error in publication procedures. Hammett 6 Nash Engineers and Surv~yors, Inc. have submitted a request for annexation and light industrial zoning on a 50 acre portion of this site. The cnan,, 'n zoning process will also be repeated. Staff is recommending annexing tle additio;,al 100 acres to incorporate all of the area west of Mayhkll Road. High intensity Development Guide Policies are applicable. No development has occurred to date. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All departments responsible for services and programs guaranteed to City residents (Police, Fire, Solid Waste, Library, etc.) One house and an estimated 2 persons are located in the area. FISCAL IMPACT: Undetermined R: eCtfl ly au itt d: Prepared by: . Ric Svehl S!►d11 Acting City Manager David Ellison Senior Planner Appr vedr Jeff Mey Director of Plannin3 and Development 10559 1024L NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE P40POSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON 4EREBY ORDAINS: SECTION I. On the day of , 1985, at 1:00 o'clock P. M. in the City L'ouncil C am er~t'h Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the day of , 1985, at 7:00 o'clock P.M. in the= Council iam'be're of-'the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: All t?,at certain tract or parcel of land lying and being sLt:.ated in the County of Denton, State of Texas, and being part of the D. Hough Survey, Abstract No. 646, and more particularl)p described as follows: BEGINNING at a point in present city limits as established by Ordinance No. 81-94, said point lying in Mayhill i:oad at the northeast corner of the D. Hough Survey, Abstract No. 646, same being the southeast corner of the J. Brandon Survey, Abstract No. 1515; THENCE west along the north boundary line of said Hough Survey some being the south boundary line of said Brandon Survey, passing the southwest corner of the said Brandon Survey, same being the southeast corner of J. W. Cheek Survey, Abstract No. 324, a distance of 2640 feet, more or less, to the northwest corner of the said D. Hough Survey, same being the northeast corner of the J. White Survey, Abstract No. 143), said point albo being a corner o., the present city limits as described in Ordinance No. 84-11; THENCE south along the said present city limits, same being the west boundary line of said Hough Survey and the e&st boundary line of the said white Survey to a point for a corner in the southwest right-of-way line of the M.K. Is T. Railroad; THENCE southeasterly, along said present city limits, name being the southwest right-of-way line of the M.R. & T. Railroad to a point for o corner at the intersectit,n of the east right-of-way line of Mayhill Road with the southwest right-of-way line of the M.K. is T. Railroad, tsid point also lying in the present city limits as established by Ordinance No. 18-38; THENCE north 78°41'20" east along said present city limits, crossing said railroad right-of-way, a distance of 100.0 feet to a point for a corner; A-11/HAMNETT 6 NASA, INC./PAGE ONE v w THENCE north 54°31'50" east aloe said distance of 88 feet to a point for a corner~eaent city limits, a THENCE north 31°41' east along said present city limits, a distance of 66 feet to a point for a corner; THENCE north 10°51'09" east along said present city limits, a distan-e of 46.68 feet to a point for a corner, same being a corner the ppresent city limits as described in Ordinance N0. 78-38 and 83-16; THENCE north 4°13'44" east along the present city limits as described in Ordinance No. 83-16, same being the west boundary line of the G. Walker Survey, Abstract No. 1330 and the east boundary line of the D. Lombard Survey, Abstract No. 784 and in Mayhill Road, a distance of 719.12 feet to a point for a corner; THENCE north 2°25'30" east along said p-esent city limits, same being the west boundary ilmr of the G. Walker Survey, Abstract No. 1330 and the east boundary line of the D. Lombard Survey, Abstract No. 784 and the D. Hough Survey, Abstract No. 646 and in Mayhill Road, a distance of 1140.8 feet to a point Isor a corner, same being the northwest corner of the tract described in Ordinance No. 83-16; THENCE north 2° east continuing along said lines and in said road a distance of 1746 feet, more or less, to the place of beginning and centair.ing 150 acres of land, more or less. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be publishes' once f.n a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hearing, all In a.:cordance with the Municipal Annexation Act (Article 970x, Vernon's Texas Civil Statutes). SECTION Iii. This ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD 0. STEWAP.70 MAYOR CITY OF DENION, TEXAS ATTEST: CHARLb'T. , CITY SECRffM CITY OF DENTON, TEXAS APPROV' ~S TO LEGAL FORM: DEBRA AvAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: A-17/HAMMETT 6 HASH, INC./PAGE TWO 1024 NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Taxes, proposes 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-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the D. Hough Survey, Abstract No. 646, and more particularly described as follows: BEGINNING at a point in present city limits as established by Ordinance No. 81-94, said point lying in Mayhill Reid at the northeast corner of the D. Hough Survey, Abstract No. 646, same bring the southeast corner of the J. Brandon Survey, Abstract No. 1515; THENCE west along the north boundary line of said Hough Survey same being the south boundary line of said Brandon Survey, passing the southwest corner of the said Brandon Survey, same being the eouthelat corner of J. W. Cheek Survey, Abstract No. I 324, a distance of 2640 feet, more or less, to the northwest corner of the said D. Hough Survey, sa.ae being the northeast corner of the J. White Survey, Abstract No. 1433, said point also being a corner of the present city limits as described in Ordinance No. 84-17; THENCE south along the said present city limits, same being the west boundary line of said Hough Survey and the east boundary line of the said White Survey to a point for a corner in the so-o0west sight-of-way line of the N.K. & T. Railroad; THENCE southeasterly, along said present city limits, same being the southwest right-of-way line of the M.K. & T. Railroad to a point for a corner at the intersection of the east right-of-way line of Mayhill Road with the southwest right-of-way line of the M.K. & T. Railroad, Bald point also lying in the present city limits as established by Ordinance No. 78-38; THENCE north 78°41'20" east along said present city limits, crossing said railroad right-of-way, a distance of 100.0 'eet to a point for a corner; THENCE north 54°31'50" east along said present city limits, a distance of 88 feet to a point for a corner; THENCE north 31°41' east along said present city limits, a distance of 66 feet to a point ":or a corner; THENCE north 70°51'09" east along said present city limits, dietaace of 46.68 feet to a point for a corner, same being a corner in the present city limits as described in Ordinance No. 78.38 and 83-16; THENCE north 4°13'44" east along the present city limits an described in Ordinance No. 83-16, same being the west `,oundary line of the G. Walker Survey, Abstract No. 1330 and the east boundary line of the D. Lombard Survey, Abstract No. 784 and in Mayhill Road, a distance of 719.12 feet to a point for a corner; A-17MAMMETT & MASH, INC./PAGE ONE THENCE north 2°25'30" east along said present city limits, same being the west boundary line of the 0. Walker Survey, Abstract No. 1330 and the east boundary line of tho D. Lombard Survey, Abstract No. 784 and the D. Hough Survey, Abstract No. 646 and in Mayhill Road, a distance of 1140.8 feet to a point for a corner, same being the northwest corner of the tract descrioed in Ordinance No. 83-16; THENCE north 2° east continuing along said lines and in said road a distance of 1746 feet, more or leas, to the place of beginning and containing 150 acres of land, more or less. A Public Hearing will be held by and before the City Council of the City of Denton, Texse, on the day of , 19850 at 7:00 o'clock P. Pi. in the Cif Council Chambers of 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 personri shali have the right to appear and be heard. Of 01 said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of 1985, at 7:00 o'clock P. M. in the Cr'Ey Council C erasf-m6 ss o tt s, o Municipal Building of the City of Dentun, Texas, for all ersons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. I! all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. S , CITY OF DENTON, TEXAS ATTEST: A-17/IIAMMETT 6 HASH, INC./PAGE TWO i W7 ~ L j • ` • • . w . ••111 •r.., ~ ~1'RjJ,y~'If /1 r r s 1 i i r A-17 ANNdXA'PtON SC49OULE Octooer 28, 1965 SUOAit agenda item Octouer 291 19dti ,Suon!it agenda baCK-up Novemoer 5, 1Ja5 City Council sets date, time and place for public nearing aovemoer 60 1965 Notice to Denton Aecurd Cnronicle November d, 19u5 Puolisa notice and mailout Novemoer 11,1935 Submit agenda item Novemoer 1211985 Suomit agenda oacK-up * Novemuer 19, lyd6 City Council nolds first public nearing dovemuec 2U, 19d~ Notice to Denton Record Cnronicle Nuvemoer 22, 19d5 Puolisa notice and mailout Novemoer 25, 19d5 Suumit agenda item Novemoer 16, 1945 Submit agenda oacK-up * Decemoer 3, 1:65 City Council noldi second public nearing December 9, 1985 Suomit agenda iteia December LU, 19d5 Suomit agenda oacK-up * Decemuer 170 M6 City Council institutes annexation proceedings Dacemoe: id, 19d5 Ordinance to Denton ,record Cnronicle Decemuer 20, 196.) Puolisn ordinance January i3, 1985 Suomit agenda itea January 19, 1965 Suomit agenda oacx-up * Janud,ry Ill 19do Final action oy City Council * Denotes action oy tae City Council 09649 f 7-, i DATE: . CITY COUNCIL REPORT FORMAT Mayor and Membars o: the City Council FROM: Rick Sveh14, ►cting City Manager SUBJECTS ADOPTION OF A. ORDINANCE SETTING THE DATE, TIME, AND PLACE FOR PUBLIC HEARINGS REGARDING THE PETI`rION OF REDDITCH INVESTMENTS CORPORATION FOR ANNEXATION OF APPROXIMATELY 60.38 ACRES SITUATED IN THE G. WALKER SURVEY, ABSTRACT 1330, AND BEGINNING ADJACENT AND EAST OP EDWARDS ROAD (;,-18) RECOMMENDATION: The Planning and Zoning commission recommended annexation and zoning at its meeting of March 13, 1985s Staff recommends that public heari-ga be held on November 19 and December 3. SUMMARYi This is one of six annexations being reprocessed due to an error in publication procedures. The petitioners submitted a request for annexation and zonings both were approved. Edwards Road is an unimproved dirt road that must be upgraded at developer's expense. Low intenalcy T.vnlopment Guids policies are applicable to this site. BACKGROUND: This site abuts properky approved for mobile home park use (originally called Allan 4states). Existing Andrew Corporation facilities and propoLty is located south of the tract. Development Guide policies for low intensity areas are applicable. Curr.nt land use patterns along :;he Mayhill Road corridor ranges from low and modertte density residential to the City Wastewater Treatment Plant and new Landfill and light in6ustrial. p?OGRAMS, DEPARTMENTS OR GROUPS AFFECTED: No existing housing or population will be affected by this proposed annexation. FISCAL IMPACT: Undetermined : ReQ'uey sub tte : Prepared by: R ck Svehia Acting City Manager D]vid Ellison senior r1anner APPi ed Jeff Aey Dicector of Planning and Development 10568 10111, NO. AN OR11INr'.NCE SETTING A DAT$, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CIT( OF D£NTON, TiXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. On the in the City -C' ilyChem ere o t.aunicipalaBui7:00 oclock . M. lding'of thePCity d of of Denton, Texas, the City Council vill hold a public hearing giving all interested Persons the right to appear and be heard on the proposed annexation by tae City of Denton, Texas of the property described telov. On the of 1985 at 7.00 'ock P.M. in thu City-Co ncilyCham ers o '6Mniclya,l Buildingooflthe City of Denton, Texas, the City Council will hold a public hearing giving all interests persons the right to appear and be hoard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the C. Walker Survey, Abtrac: No. 1330 and more particularly described as follows: BEGINNING at a point in the present city limits, said point being the northeast corner of the tract described in annexation ordinance No. 83-16, same being the northwest corner of a tract of land described in Volume 297, Page 584 of the deed records of Denton County, Texas; THENCE south 86°53' east along the north boundary line of said tract, n distance of 1412.5 feet to a polot for a corner, same being the northeast corner said tract; THENCE south 2°l4' west along the east boundary line of said tr,.ct, a distance of 1867.0 feet to a point for a corner in an east and west portion of a county road known .s Edwards Road, same being the southeast corner of said tract; THENCE north 86008' west along the south boundary line of said tract and in said road, a distance of 1331.3 feet to a point for a corner, same being the southwest corner of maid tract; THENCE north 10°22' went along the west boundary line of said tract and in said road, s distance of 505.5 feet to a point for a corner; THENCE north 3°27' east continuing along the west bounder, line of said :sect and in said road, passing at 203.4 feet the outheast corner cf said tract described in annexation Ordinance No. 83-16 and continuing along said lines and city limits for a total diatence of 1357.8 feet to tl-e place of beginning and containing 60.38 acres of land, more or lass. A-18/REDDITCH INVESTMENTS, CORP./PACE ONE i I SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more then forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. Thin ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the dey of 1985. CITY OF DENTONj ATTESTt MaTI-61'1'E CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI V %YOVITCH, CITY ATTORNEY CITY OF DENTOK. TEXAS BY: A-IS/REDDITV^H INVESTNEWSr CORP./PAGE TWO f a ~ } k'°'iK ` 1'n..t s .ti.```.d1 t 1~~~~~ ~+5•. ^^'f~'~(.. Fry.rc~ ~'.'-r c$^ rx ~d '"'-75'?"'?'.~- t / xrt ♦ ~r.aW Rf♦ v Y r~, > ~5101/4 six NOTICE OF PUBLIC HEARING ON CONTEHPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes 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-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the G. Walker Survay, Abtract No. 1330 and more particularly described as follows: BEGINAING at a point in the present city limits, said point being the northeast corner of the tract described in annexation Ordinance No. 83-16f same being the northwest corner of a tract of land described in Votime 297, Page 584 of the deed records of Denton County, Texas; THENCE mouth 86033' east along the north boundary line of said tract, a disUnre of 1412.5 feet to a point for a corner, name being the northeast corner said tract; THENCE south 2°14' west along the east boundary line of said tract, a distance of 1867.0 feet to a point for a corner in an east and west portion of a county road known as Edwards Road, same being the south- east corner of said tract; THENCE north 86°08' west along the south boundary line of said tract and in said road, a distance of 1331.3 fret to a point a corner, same being the southwest corner of said tract; THENCE north 10°22' west along the west boundary ,e of said tract and in said road, a distance of 505.5 feet to a point tor a corner; THENCE norm 3°27' east continuing along the est boundary line of maid tract and in said road, passing at 20~.: feet the southeast corner of said tract described in annexation Ordinance No. 83-16, and continuing along said lines and city limits for a total distance of 1357.8 feet to the place of t.ssinning and containing 60.38 acres of land, more or less, A Public Hearing will be held by and ►riore the City Council of the City of Denton, Texas, on the day of , 1985 at 7:00 o'clock P. H. In the City Council Chambers o e e unicipal Building of the City of Denton, Texas, for all persor' terested in the above proposed annexation. At said time and placm all such persona shall Nava the right to appear and be t,eard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Council of the City of Denton, Taxes, on the day of , 1985 at 7:00 o'clock P. M. in the City Moucil Chambers-of obi Municipal Building of the City of Denton, Texas, for all persona interested in the above proposed annexation. At said time and place all such persona shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things arl matters herein mentioned, will take notice. RICHARD 0`.' bw-TEWART CITY OF DENTON$ TEXAS ATTEST: A-IS/REDDITCH ItTYESTMENTS, COP?. 51 _A,. •y a5.x3 w,r N r~ , RJI ! .art I „w i A--iB A-ld ANNEAAOSON SCdEUULE ✓ Octooer 28, 1985 Sunm;,t agenda item Octooec '29, 1965 SuUmlt agenda oacK-up * Novemoer 5, 1945 City Council sets date, time and place for puolic heairing Novemoer 61 19d5 Notice to Denton Record Chronicle ~ Novemoer 8, 19d5 Puolish notice and mailout Novemoer 1101961 Suomit agenda item Novemoer 1201985 Suomit agenda hack-up * November 19, 19d5 City Council nolds first puolic hearing Novemoer 2U, 1965 Notice to Denton Record Chronicle Novemoer 220 1985 Publirn notice and mailout Novemoer 25, 1985 Suomit agenda ita,n Novemoer 26, 1985 Suomit agenda oacx-up j * Decamoer 3, 1945 City Council nolas second public nearing j December 9, 19dti Suomit agenda item Oecemoer 101 198a Suomit agenda bacK-up * Decemoer 17, 19do city Council institutes annexation proceedings Oecemoer ld, 1985 OcO nance to Denton Record Cnronicle Decembec 2U, 1985 Puolian ordinance January 13, 19d5 Suomit agenda item January 14, 1985 Suomit agenda »avA-up * January 21, i9d6 Final action oy amity Council " Denotes action oy the City Council U964g 77 v 1 fiL /1 DATEI CITY COUNCIL REPORT FORMA4 / ' b~ 1 ft : Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: ADOPTION or AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING FILING FIRS PROVIDED FOR BY APPENDIX A, THE DENTON DEVELOPMENT CODE, FOR PETITIONS FOR VOLUNTARY AKNEXATIOKS, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TSXA9; REPEALING ALL ORDINANCES IN CONFLICT HERSWI;H; AIM PROVIDINn YOR AN EFFECTIVE DATE RECOMMENDATM: The Planning and Zoning Commission recoomiended %pproval of a $250.00 fee for petitions for property over five (5) acres and no fee for property lees than five (5) acres at its October 9, 19850 meeting. gum y# The City Council held a public hearing and a majority voted in favor of a fee at the September 17, 1985, meeting. BACKGROUND: Staff recommended a fee after noticing a rise in voluntary petitions for property with questionable development potential. PROGRAMS. DEPARTMENTS QR GROUPS AFFECT9At Petitioners FISCAL I12ACTs The $250.00 charge will cover only a small portion of the cost of processing petitions for annexation. F.v panty 1 s it Riot Svehla Prepared by: Acting City Manager ny~ n~ David Ellison Senior Planner Appro d: Jeff Maye Director of Planning WA Daelopment 13474 Mil M1 ~ Y ` v; r I C 1 { 7I6L NO. AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING FILIrG FEES PRO- VIDED FOR 8Y APPENDIX A# THE DENTON DEVELOPMENT CODES FOR PETITIONS FOR VOLUNTARY ANNEXATIONSo OF THE CODE OF ORDINANCES OF THE CITY OP DENTONO TEXAS] REPEALING ALL ORDINANCES IN CONFLICT HEREWITH] AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTONI TEXi,S HEREBY ORDAINS: SECTION I. That the following fees provided for in Appendix A of the Code of Ordinances of the City of Denton are hereby established as follower r A. Pees provided for in Section 3.03 (2)(f) of Chapter III of Article tilt 1. Request for Voluntary Annexatien of 5 acres or more *250.00 SECTION 11, All ordinances or parts of ordinance,► in force when the p,:o- visions of this ordinance oecome effect;ve which are inconsistent or in conflict with the terms or p:uvtslons contained in ::his ordinance are hereby repealed to the extent of any such conflict. SECTION 111. That this ordinance shall become effective Ittiediately after its passage and approval. .PASSED AND APPROVED this the day of , 7.985. RICHARB S E o MAYOR CITY OF DENTON# TEXAS ATTESTS C~ TT8 ALL CITY SECRETA17 CITY OF OENTONF TEXAS APPAOVEO AS TO LEGAL FORMS DEBRA ADAMI bRAYOVITCd, CITY ATTORNEY CITY OF DENTON$ TEXAS BYS rr- LEGAL DEPARTMENT MEMORANDUM Debra Adami Drayovitcb, City Attorney 70e D. Norris, Assistant City Attorney Robert Be Hunter, Assistant City Attorney TO: David Ellison, Senior W.anner FROM: Debra A. Drayovitch, City Attorney SUBJECT: Voluntary Annexation Fee DATE: October 1, 1985 Per your request of Septewber 27, 1985, the above-referenced ordinance has been revised to include 5 or more acres. Attached is a reduced copy to be submitted to Fianning & Zoning and the City Council. It is riot riecesdary to hold a public hearing in this matter. should you have any questions in this regard, please advise. Y~ DEBRA A. AYO'IITCH DAD:js xc: Rick Svehla, Acting city manager :.Itachment P & z Minutes October 9, 1985 Page 12 E. ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING TTMG -FEES provided or`-by~Cppen~3lx A, the Denton " eve op- (UNAPPROVED) man Code, for petitions for voluntary annexations, of the Code of Ordinances of the City of Denton, Texas; r .)ealing all ordinances in conflict, herewith; end providing for an effective date. STAFF REPORT: Mr. Ellison stated that staff is ercom Nendi approval of the ordinance to forward to City Council so fees can be charged for voluntary annexation requests. He said that 60 perce3!t o all annexation petitions are voluntary. h, said th. $2S0 was discussed and that it may not be enough to cover cost, according to City Council, if it is any higher it may deter people. Ms. Cole asked if the $1S0 Would c->ver the administration costs and Mr. Ellison said no. DECISION: Mr. Escuv moved to recommend adQption of an ordinance of the City of Denton establishing filing fees provided for by Appendix A, the Denton DeveloppPent Code, for petitions for voluntary annexations, of the Code of Ordinances of the City of Denton, Texas; repealing all ordinances in conflict herewith; and providing for an effective date. S^conde b%- Ms. Cele and uns lmously carried (6-0). -777 -77"777-7, 1176L ~ ~ ' , Nu, AN ORDIN 'iC1. AMENDING SECTION 9-1, ARTICLE It CHAPTER NINE 08' fHE COOL OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO THE 19tl1 EDITION OF INE NATIONAL ELECTRICAL CODE nND REENACTING SAID SECTION ADCPTINO Till 1984 EDITION OF THE hATIOIIAL ELrCTRICAL )E WITH CERTAIN DELETIONS AND AMENDMENTS THERETOt AMENDING SECTION 9-6 OF THE DENTON CITY CODE BY ADDING A. NEW PARAGRA7H (d) RELATING TU INSTALLATION OF JERVICE LATERAL CO14DVCTURSJ R EPEALING SECTION 9-30, PARAUHAPH (1) RELATING TO APPLICATIONS FUR AMEN IN'GhANDAREENACTINGESECTIONr9 S0.10OF ATINCNUTOYREC;PHOCAL LICENSING AND PROVIDING FEES THEREFOR; ADDING A NEW SECTION 9-34 REQUIRING A CONTRACTOR'S LICENSE AND ESTABLISPtNG A FEE THERE- FUR; ADDING A NEW SECTION 9-36 REQUIRING BUSINESS VE,IICLE, or LLECTRICAL CONTRACTORS TO BEAR IDENTIFICATION NUMBERS AND LITTERS; AMENDING AND REENACTING SECTION 9-46 TU REQUIRE A CON- TRACTOR'S LICENSE BEFORE WORK NERMiib ARE ISSULDI PRr'11DING FOR THE REPEAL OF CONFLICTIN: ORDINANCES AND MAILING TH15 ORDINANCE CUMULAT "'E OF OR ORDItANCES OR PARTS THEREOF NOT IN COt1FLICT HEREWIlnt PkO1 10I140 A SEVERABILITY CLAUSEt PROVIDING FOR PENAL'T'IES FOR VIOLATION NEMEOFt AND t"CLAP.ING AN EFFECT:VE DATE, THE COUNCIL OF T. CITY OF DENTON HEREBY UR;AI44S: SECTION I. That Section 9-1 of Article It Chapter 9 of the Code of Ordinances of the City of Denton, Texas, relating to the National Electrical Code, 1981 Eaition4 is hereby amendeG ann reenacted to hereafter read as follows: Section 9-1. ADOPTING NATIONAL ELECTRICAL CODE, 1964 2DITIONI DELETIORi AND AMENDMENT$ I The National ElectTical Code, 1914 Edition, as recummetized by the National Fire Protection Association, a copy of which uhall us filed with the Office of the City Secretary Anti be a4ailable for public inspection, is nere~y adopted and designated as the Electrical Code of the City of Denton, Texas, the same as though said Edition of such coda were copied at length herein, suo)ec: to the deletions and amendments enumerated hereafter. 1. Section 30,j-22 (Wiring,} in Ducts, Plenums, and Other Air- hsndling spacos), Paragrapn (c) (Other Space Used for Environmental Air), Exception No. S is hereby deleted and amended to read as followsl 'Exception No. ST This section does not include the )oast or stud spaces in dwelling units.' 2. Section 305.4 (Ground-Fault Protection for Petsonnel), Paragraph (A) is heresy deleted and amended to read &a toilowst '(a) Ground-fault Circuit-Interruptsrs, All i2s- volt, single-phase, 15 and 70-ampere receptacle outlets which are not a part of the permanent wiring of the buildlrg or structure and which ere in use by employees shall Aava grouted-fault PAGE 1 I circuit-interrupter protection for personnel. Providing ground-fault circuit-interrupter protection shall oe ens responsibility of the employee using the -3utlst and his employer withcut regard to whether such persons are performing electrical work or are engaged in some other trade on the promisee. SECTION It. That section 9-6 of Article It Chapter 9 of the Code of Ordinances of the City of Denton, Texas, is hereoy amended by adding a new paragraph (d) to read as followsi '(d) Service lateral conductors snail not be installed in conduits smaller than two inches when serving permanent one and two tamily dwellings and multi-family dwellings.' SECTION III. i That Section 9-30, Paragraph (i) of Article III, Chapter 9 of the Code of ordinances of the City of Denton, Texas, relating to applications for a journeyman's licenr.s submitted prior to January 1, 1973, is hereoy repealed. SECTION IV. That ;section 9-30.1 of Article III, Chapter 9 of the Code of Drdinance3 of the City of Denton, Texas, relating to reciprocal licensing, to hereby amended and reenacted to read as follom "Section 9-30.1. Reco on o[ licensee or eertitiaaces of registration from of ernicnt ea. V. electric an n d,ng a currently va sense or certificate of registration in arother city may apply for and receive a similar license or certificate of registration in the City of Denton without taking an examination, provided the followlig conditions are mate 1. The applicant shall submit evidence satisfactory to a majority of the electrical code board that he has been the holair of a similar license in a city from which he is reciprocating for a period of at least twelve (12) nont..e and that his license or certificate of registration was Issued under conditions not less restrictive than requited by the Dentoa Electrical Code for issuance of an slectri:al license, and that an electrician who has made a passing graie on the city of Denton electrical examination and who is the holder of a valid Ckty of Denton electrical license would be permitted to apply for and roceivo a aimilar license or certificate of tegistraticn In such other city under reciprocal conditions. 2, The applicant shall pay, in advance, the •lmot. fees required of those taking exadinations for a rartieulac ticonse set forth in section 9-31 of this Chapter and comply with all other requirements of the Denton Electrical Code, An electrician licensed in the City of Denton soaking a license In a;lother c?ty with which the 'city of Denton has ccciprooltyr shall pay a fee of ten dollars PA0O 2 r~ v t; r , ' R ! s 1 R., 1 i rY i Li1 "''j~'-"'` yd} ~`°rz7 fle~. (y k "i.; , q 1 3 7 . ($10,001 for the issuanCV of a reciprocal letter to o~.ch other city, GECTION V. That Article III of Chapter 9 or the Code of Ordinances of the City of Denton, Texar, is hereoy amended by adding a new 'action 9-34, heretofore reaeeved, to read as follower section 9-34, Contrac~to_~[_'__s cense. In addition to the requirements conUM3 pctlion -35 of this chapters any partnership, association, firm, company, corporation or individual desiring to engage in the business of Installing, repairing, changing or altering any electrical wiring or apparatus shall first obtain a Contractor's license from the building official of the City of Denton, A contractor's license go* of eighty dollars ($80,00) shall be paid at.the time of issuance of such license, contractor's licenses expire on December 31 of each year, and a renewal fee or eignty dollars (,$80.04) must be paid Deface the contractor can outain additional permits. A contractor's license shall not De issued to anyone who is nut the holder of a valid City of Denton masker electrician's license unless no has in his employ a proreecly licensed master electrician. A contractor's license snail become invalid when there is no longer a master electrician employed by the partnerships association, firm, company, corporations or individual. SECTION VI, That Article III of Chapter 9 of the Code of Ordinances of the City of Denton, Texas. is hereby amended by adding a new section 9-36, heretofore reserved, to read as 1o110w33 'Section 9-36. Vehicle Identification, All electrical contractors' business vehicles shall be identified by 2 1/2 inch letters and numbers prominently displayed on both sides of vehicles. Numbers and Letters shall be aseiyned by the city building Inapection division.' SECTION VII. That Section 9-46 of Article IV, Chapter 9 of the Code of ordinances of the city of Denton, Texas, is hereby amended and reenacted to read as follower Section 9-46. permit Required, It shall be unlawful for Any person to install, change, alter or repair any electric wiring or apparatus in the city (except the routine replacement of fuses and lamps and the alleviation of short Circuits) unless such person has obtained a permit in writing from the chief building official to perform such work. Electrical permits shall be issued only to holders of a valid City of Denton electrical contractor's license, SECTION Vil , 'That this ordinance shall repeal every prior ordinance and provision of the Code of Ordinances of the City of Denton irk PAGE 3 ti~I~'~I ~~~Pt ~t~.i ~,Y i~9.,,' N~,~...i Ji'cl v4~ A,,r d' Rf ~Y l':ra pK.~!h 7 , conflict herewith and, as to all other ordinances or provisions of said Code not An direct conflict herewith, this ordinance shall oe and is hers;,' made cumulative, SECTION tX. That if any section, 4ub8eot0n, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to aiy person or circumstance is hela invalid by any cou..'r of competent 3uriedietion, Juch holding shall not affect the validity of the remaining portions of this ordinance, and the CSty Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. $ECTI~)N Xj, Any person who shall violate a proslsLoa oC this ordinance, or fails to comply therewith of with any of the requirements thereof, or of a permit or certificate issued i.hereundec, shall oe guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars (1200.00(, Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any vLolatloii of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished with.n the limits above. SECTION XI, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caytioa of this ordinance to be published twice in the Denton Record-Ch.onicla, tha official newspaper of the City of Denton, Texas, witnin ten (10) ddyo of the date of passage heraot. PASSFD AND APYROVED this the day of 1905, RICHARD . ST TART, YUR CITY Of DESTON, TEXAS ATTESTt CN R,4TTE A E , CITY S CR CITY of DE KON, TEXAS APPROVED AS TO LEGAL PORN! DEBRA ADAMI DRAYOVITCR, CITY ATTORNEY CITY 01' DENTON, TEXAS @. Ad Ga. BYtj., PA01 4 a i'- r :Y ~ 41 ~Y e.;+j t~~A .~4 ta~:~ r7 f •C:.{'~ r ~ •'t 1 CITY of bQNTCN, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE {817) 566.8200 MINUTES Electrical Code Board December 5, 1984 PKESENT: David Hoenig, Steve Kniatt, Pete Chumbley and Jackie Doyle, Building Official. ABSENT: Marion Johnson and (fill Perry 1) Kniatt moved and Hoenig seconded a motion to approve minutes of September 5, 1984. Motion carried unanimously. 2) Board decided not to elect now officers until all members were present. 3) The following journeyman jxamina~ion applicants wore approved to be examined on December 11, 1184: Dale Coleman, Quent Ditzenburg, Modi Kamlesh, Mr. Struble, Ron Combast, Vernon Dugger, Tim Lowery, Porter Hodges, Eddie Blankenship, and John Pugh. New paperwork must be submitted by Mr. Pugh before he will be eligible for re-examination after the December 11, 1984 examinations. Jeff Mackey's applicaton was denied because it was incomplete. Mr. Pier a application was denied because required letters from previous employers were not provided. Kenny Mason, Alan Atkinson and Chris Becker were approved to take the Class B journeyman exam. Mr. Josef Levy was interviewed by the Board to determine his eligibility for taking the master examination. It was determined at the meeting that tor. Levy's applicat-lon did not indicate a minimum of five (5) years electrical experience and therefore his application was rejected. However, a later review showed that an error had been made and that Mr. Levy had indeed nad more than the required five (5) years experience uecesaary to be examined. His application was approved. 4) The Board decided that either Johnson or Perry would monitor December 11 exams. 5) The Board asked the Building Official to contact Board members and schedule a meeting when all members could be present for the purpose of electing new officers. 1 1, Ml w v. 4 ~ Sri .I + YS^,rl e, 'ip I ,r1 t p X r yi 1 1I . ~r `a k{IH fl~ ~t i'1 iis, L _.~~l~ p Pf ~Inys~1F y1' . si by f'f Board' decided tnat tna 1 84 O'At on l 'Electficei Code would be"r'eViev%ld'at ene'Hoard's March 1985 meeting. 7) Pattypaur2cipYOCale1 tters,athe' 'Cities were charging a fee 8; Chumbley moved and Kniatt seconded a matiort to recommend an ordinance amendment w+tich would requir9 a $10.U0 fee for each reciprocal letter provided by the City. Motion carried unanimously. 9) Heenig provided Board members copies of the Carrant County Electrical Examining Board's by laws. 10) Doyle stated that he had received letters from the cities of Paris and McKinney asking to reciprocate electrical licenses with the City of Denton. The Board asked the Building Official to invite those cities' Electrical Code Boards to come to Denton and discuss reciprocal agreements. Meeting adjourned at 10:3U a.m. 02311 '-rr-.yd"°~A Yd •~:.r 1 ~ 'n„~, ri .a `-t f r i~^ 11 t k ~ ^dr d i:• ° y' 7 7 , pp r MINUTES Electrical Code Board February 27, 1955 PRESENT: Marion Johnson, David Hoenig, Brad Carroll and Building Official ABSENT: Steve Kniatt, Pete Chumbley and Bill Perry 1. Carroll nominated Hoenig for chairman of the Electrical Codo Board and Johnson seconded the motion. Motion to elect Hoenig chairman carried unanimously. Hoenig moved and Carroll seconded a motion that Johnson be elected vice chairman. Motion carried unanimously that Johnson be elected vice chairman. 2. Hoenig moved and Johnson seconded a motion that the minutes of December 5, 1984 be approved as written. Motion carried unanimously. 3. Willie Williams, electrical inspector requested that the Board recommend to City Council an amendment that would require minimum 1 1/2 inch service laterals. The Board discussed this and decided that the difference in cost between 1 1/2 inch and 2 inch conduit was minimal and that 2 inch was mucti easier to pull wire in. Carroll moved that the code be amended to require minimum 2 inch service laterals except for mobile homes. Johnson seconded the motion. Motion carried unanimously. 4. The Board discussed the benefits of a contractors license and the desirability of requiring contractors vehicles to have numbers on them which would identify the contractor. 'rho Board agreed to discuss these items in more detail at its next meeting. I Meeting adjourned at 5:17 p.m. Ll~ "k 1 ~ 1 1 . ~ 1 P~1 fJ 1 I i MINUTES Electrical Code Board May 2, 198S PRESENT: David Hoenig, Pete Chumbley, Steve Kniatt ABSENT: Bill Perry and Marion Johnson 1. Kniatt moved and Chumbley seconded a motion to approve the minutes of March 21, 198S as written. Motion carried unanimously. 2. Kniatt moved and Chumbley seconded a motion that the City of Denton reciprocate electrical licenses with the City of McXinney. Motion carried unanimously. 31 The Board discussed the use of ground fault circuit interrupters as required by the National Electrical Code. Hoenig a read to draft a pproposed amendment concerning this ordinance and submit it to the Board at its next meeting. 4. The Board discussed the NEC requirement that vertical runs of "romex" are riot permitted in a return air space. The North Central Texas Council of Governments and its Electrical Code Committee have suggested that cities in this area amend the NEC to permit vertical runs of romex in return air spaces. The Board recommends that this amendment be made. S. Willie WilliLms at a previous meeting had expressed a desire that only copper or copper clad ground rods be permitted as driven grounds. The Board discussed this item and agreed that all driven grounding electrodes permitted by the NEC should be allowed. 6. Hoenig briefly discussed a change in the 1994 NEC concerning NM cable and agreed to review and discuss this change in more detail at the n.±xt meeting. Meeting adjourned at 5:10 p.m. i ,I 7_71 I-, i , MINUTES ELECTRIC CODE BOARD JUNE 5, 1985 9:00 a.m. PRESENT: David Hoenig, Steve Kniatt, Pete Chumbley and Building Official ABSENT: Bill Perry and Marion Johnson 1. Chumbley moved and Kniatt seconded s motion to approve the minutes of May 2, 1985 as written. Motion carried unanimously. 2. The Board discussed the Denton electrical code regarding ground-fault protection. Kniatt moved that the local ordinance be amended by removing the word 'may' and replacing it with the word 'shall" in Section 9-1, (1), (e), If 2 and 3, Motion died for lack of a second Kniatt ct~ nged his motion as follows: Delete Section 9-10 (1), (p~011 2 and 3 from tS,e Code of Ordinances and revert back to National Electrical Code requirements for GFI's. Chumbley seconded motion. Kniatt and Chumbley voted yes. Hoenig did not vote. 3. Hoenig moved and Chumbley seconded a motion that Section 305-4 (a) of the 1984 National Electrical code be amended by adding a sentence to read as follows: Ground-fault protection for personnel shall be provided by the employer or the employee. Hoenig and Chumbley voted yes. Kniatt votr:d no. 4. Hoenig reported to the Board about a new requirement in the 1984 N.E.C. which requires types NM and NMC conductors to be rated at 900C. 5. Hoenig questioned the electrical inspectors requirement that rigid metal or intermediate metal conduit be used where condui,; passes through a slab foundation. The Building Official said that he would review this requirement with the inspector. b. The Board discussed section 9-30 (c) of the Code of Ordinances regarding the 18 month experience requirement for a class B journeyman license. Hoenig was of the opinion that at least part of the 18 months experience should be in residential wiring since that is what the Class B license is for, Kniatt was of the opinion that the ordinance was adequate as written, Chumbley moved and Hoenig seconded a motion to amend the ordinance to require 12 alonths residential wiri►tg experie~ce for a Class a licensee rhumbley voted yes, i(niatt ;voted no and Hoenig did not vote. "Al November 5, 1985 CITY COUtICIL AGHNDA ITEM TO: MAYOR AND MEMBERS UP THE CITY COUNCIL PROM: Rick Svehla, Acting City Manager SUBJECT: Consider Proposed Oversize Agreement with Windsor Nest Addition, W. H. Smith, Owner and/or his Assig►is for a New Water Line. RECOHAENDATION: The Public Utilities board, at their meeting of September 180 1985, recommended to the City Council approval of this Oversize Agreement due to water demands imposed by this and other developments in this area in the near future. SUMMAkY In order to serve the northwest area of Denton with water for future needs, a new 20" water line is required along Bonnie Brae north and a new 12" water line along Payne Drive. This 20" water line will act as a major feeder line for the proposed new water plant. The Utility Department is requesting this oversize agreement with the developer. This oversize agreement was previously approved for a 14" and 12" water line respectively. BACKGROUND An 20" water line will provide approximately 41893 gallons per minute for doi_ stic fire protection requirements to this commercial and residential development and for future area development Further study has shown the need for this larger water line. PROGRAMS. DEPARV ENTS OR GROUPS AFFECTED; Denton Municipal Utilities, present/future developers. i 3999U:14 i V 1 n t i FISCAL IMPACT Cost are estimated as follows: Total cost of this Bonnie Brae prQ ect to serve areas of developmont, 3,10$' of 20 water line 4 $35/L.F. $139,725 Cost of this project to serve Windsor West Addition- 3,IOS' of 10" water line I $23.SO/L.F. $72,968 Cost of this project to the City of Denton Cost to City-Difference between an 181, and 10" water line ($45 - $23.50 x 3910S L.F) $66,758 Total cost of this Payne Drive pro~ect to serve areas of development, 2,09S' of 12' water line 9 $25/L.F. $520375 Cost of this project serve areas of Develop- ment- 2,095' of IU" water line I $23.50/L.F. $49o233 Cost of this project to the City of Denton Cost to laity-Difference between a 12" and 1011 water line ($25 - $23.50 x 2,095 L.F) $3,142 ■MONNOW■ TOTAL COST OF OVERSIZE TO CITY BOTH LINES $69,899 Qpes~ full su mitted, c SybKrU~ fps' °`~ua Acting City Manager Appro d- l./ Director ofnUtilities Exhibit i water Line Oversize Participation Agreement` 11 Letter of Request III Location Map IV Minutes PUB 9/18/85 V Ordinance 3979U:15 '!r' err r) v. r„t a,~' r Y; , #iY' 1394 ' "r , NO. AN ORDINANCE APPROVING A CONTRACT FOR ThL CITY'S PARTICIPATION IN THE COST OF INSTALLING OVERSIZE WATERLINE FACILITIES) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT) APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN LFFLCTIVE DATE. 'WHEREAS, the City of Denton wishes to enter into an agree- ment to partlclpate In the Cost of providing oversized waterline facilities) and WHEREAS, Section 2.36 (f) of the Code of ordinances requires that the City Council approve all expenditures of mace than $14,o0U) and WHEREAS, Section 2.09 of the City Charter requires every act of the Council providing for the expenditure of funds or for the contracting of lndeotedness shall be by ordinance, NOW, THEREFORE,. THE COUNCIL OF THE CITY OF DENTON, TEXAS HERESY ORDAINS) SECTION I. That the City Council hereby approves the Waterline lvorslae IrarticipaLion Agreement, attached heretol o wee t City and of H. Smith to provide for the city's participation in the co o providing oversized waterline facilities in acco_oance with said agreement and the Mayor is hereby authurlaed to execute the ayreenent on uenait of the City. SECTION Zt. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION 111. That this ordinance shall 02come effective immediately upon its hassaye and approval. PASSED AND APPROVED this day of 1985. RICH RD O. Mw KT, MA OR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF UENTUN, TEXAS APPROVED AS TO LEGAL FORM DEbRA ADAMI UAAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS HYi t^►M-h- _ "T 7T-, 'r : It'µ , der . y. p N t! ' 1,73BL ~ .Y THE STATE OF TEXAS 5 WATERLINE PARTICIPATION AGREEMENT BETWEEN TNd CITY OF DENTON COUNTY Of DENTON 5 AND W. B. SAITH WHEREAS, W, N. Smtth, nereafter reterred to as 'Developsr't wisnes to oevelop and improve certain real property located in the City of Denton, Texas or its extraterritorial jurisdiction and is required to provide such property with adrquats water Service by aesigning, constructing and installing cn on and off-site water main) and WHEREAS, the city of Dsnton, Texas, hereafter referred to as 'City', in accurdance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide foc an 'oversized' water main to expand its water works system and insure adequate water service to other customers) NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: 1. Developer shall desiyni install and construct an on and off-site 20' water tine and a 12' water line and all necessary appurtenances thereto, hereafter referred to as 'oversized Facilities', extending a total distance of approximately 5,200 feet# located as shown on kxniblt 'II10' attacned hereto and incorporaten herein by reference, 2. Prior to beginning construction of the Project, Developer Shall enter into a Developiaent Contract, ad reyu,red by Appendix A of tr.j Code of Ordinances of City. Tnis Agreement Shall oe subject to and governed by such Development Contract, which is Incorporated herein by reference, and any otner applicable ordinances of city. 3. Prior to oeyinn►ng construction of the Project, Developer shall obtain, at his sole cost and expense, all necessary permitas llcenboa and sff-site easements. If o.1-site easements are needed, the derds therefore obtained by Developer shill be feviewed and appruveo as to form and substance ry City prior to the beginniny of construction. If Developer is i,lable to acquire needed off-site sassotnts, he shall provide City WAh any requested documentation of efforts to obtaLn such oasemments, including evidence of nepntiations and reasonable offers made to the affected property owners. Any off-site easements for the Project obtained by the Developer shall be ase:gned to City, it not taken in City's name, prior to acceptance of the Projects and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title, The city's share in the cost of the oversized Facilities, based upon the difference in the cost of installing an $-inch water line, as determined by City by public bids on the lame or siAilar projects on a per linear foot basil, and the cost of the Project, as determined by the City, baeea upon the Amount of a bid from the loweat responsible oiader, snall be in an amount not to exceed Sixty-Nine thousand Eight Hundred Ninety-Nine Doilats and No/100th8 ($b9r69%.U0), and City shall not, in any case, oe responsible for any additional cost because of delays in beyinningr euntinuing or completing constructions changes in the price or cost of materials, suppitec, labor or other Project costes unforeseen or unanticipatod costs because of topography, soil, suosueface, or other site conditions) ditterences in the calculated and actual per linear feet of the line needed for the Projects Dese:eper's decision at to the contractnrs or subcontractors uaad to perform the works or any other reason or caueer specified or ucspeeiV ed, relating to the Project, 5. Within thirty (30) days of the acceptance of the rcoject by the City, Developer shall submit to the City's itrector of Utilities the actual cost of the Project. Should the actual cost of the Pro- ]set be less than the bldded cost submitted to .Aty by the lowest responsible bianer on which the City's share Vas determined, the City's share of the cost of the Project stiall us reduced proputtion- ally, on a per linear '.sot 018161 based upon the difference of the actual Project cost and the determined cost for art s-inch lint. To determine the actual cost of the Pro}Oct, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to submit any necessary information, documents, Invoices, receipts of uther records to verify the actual Project costa. 6. Wttnin thirty 130) days of the data the Developer nas submitted satisfactory documentation of the actual cost of the Project, as determined by City, City shall pay to Developer its snare of the cost thereof. 7. Developer ei,.ii indemnity and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or persons occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this contract, and Developer will, a its own coat and expense, defend and protect city against any and all such claims and demands. 6, if Developer dooa not begin substantial construction of the oversized Facilities within twelve (ll) months of the effective date of this agraement, this agreement shalt terminate. 9. This instrument embodies the Whole agreement of the parties hereto and .hare ace no ptomises, tecmis, conditions or obligations other than those contained herein. Tnis contract snail suparcede all previous communications, representations or agreements, either verbal or written, between tie parties hereto, 10. This agreement shall not be assigned by Developer Without tht vxytess written consent of City. lla Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this contcant, shall be brought and maintained in a touts of competent jurlsolctton in Denton County, Texas. w, s .rt F Execated this the day of , 1985. W. H. SMITH (WinOlOf West Additi0n) BY: ATTESTS SECRETARY CITY OF DENTONt TEXAS TRARD`. ST&WAR"l, MAYOR CITY OF DENTON# TEXAS ATTEST: CHARLOTTE LLENo CITY SECRETARY CITY OF DENTONi TEXAS APPROVED AS TO LEJAL FORM: UKBRA AUAAI l,etAYOVITCH, CITY ATTORNEY CITY OF 05NTONo TEXAS BY, T l l~~ n ~ .i ~ ~ < i a . .t t ! r J... (ny a',~• •i Y1 t", a a t r EXHIBIT '111* • r • • Nb I~ r : • ~ d _.i f =X I spa ~r • 10 s / j R „ Z mommummom ~ I i EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD MEETING SePtetber 18, 1985 II CONSENT AGENDA; a. Consider Proposed Oversize Agreement with WINDSOR WEST ADDITON W.H. SMITH, OWNER, AND/OR HIS 7[53'IT'A~; for a new Water line. Thompson made a motion to recommend approval. Frady seconded the motion. All ayes, no nayes, motion carried. 'n. Consider proposed Water Line Pro Rata Agreement with WINDSOR WEST ADDITON W.H. SMITH OWNER AND/OR HIS ASSIGNS. Motion was made by Coomes. Boyd seconded the motion. All ayes, no nayes, motion carried. c. Consider Participation cost (CERTIFICATE OF FINAL COST for Water Line and wer ne Oversize Agreement, MEADOWS MOBILE HOME PARK HOLIGAN DEVELOPMENT IRCO Thompson made motion. Motion was seconded by Frady. All ayes, no nayes, motion carried, d.' Consider Final Payment CIP Project 85-S-9 WOODROW LANE SEWER TO AL Si CONSTRUCTION in the Amount o , Cooris made motion. Boyd seconded motion. All ayes, no nayes, motion carried, e. Consider Final Payment, UP Pro ect 85-WP-6 HIGH SERVICE PUMP 15 INSTAMMN TO RED IVER CONSTRUCTM IN THE' OUNT OF 42 515. Thompson made motion. Seconded by Frady. All ayes, no nayes, motion carried. 11916 4(m . NO. AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 169(b) OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON PORTIONS OF F.M. HIGHWAY NO. 1515, WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON# AS SET OUT IN THIS ORDINANCES AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED :200.00 FOR THE VIOLATION OF THIS ORDINANCE AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 169(b) of Article 67014, Vernon's Texas Civil Statutes, provides that whenever the governing body of the Cit;- shall detarmins upon the basis of an engine.-'-,;; :na traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon .,uy part of a street or highway within the City, tnKing into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thaieof are erected at Such intersection or other place or part of the street or %lighrayt NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY URDAINSt SECTION I. Upon the oasis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 169(b) Of Article 67J1u, Vernon's Texas Civil Statutes, the following prima .ac►e speed limits hereafter indicated for vehic)ea are hereby determined and declared to be reasonable and safei and such speed limits are hereby fixed at the rate of speed indicated for vehicles tr4veling upon the named streets and highways, or parts thereof, described in Section It, SECTION It. No motor vehicle shall be operated along and upon P.M. Highway No. 1515 wito►n the corporate limits of the City of Denton in excess of the speeds set forth in the following limitar PAGE 1 (a) Beginning at said point (Station 0+00) being at the intersection with a County Road in the City of Denton thence continuing along P.M. Highway No. 1515 in an Easterly direction for a distance of 0.600 MILE, approximately, a maximum speed of 55 MILES PEA HOUR. (b) Thence continuing along P.M. Highway No. 1515 in an Easterly direction for a distance of 1.521 MILES, approximately, said point (Station 111+97) being at the intersection with I.R. 35E North Bound Frontage Road, a maximum speed Of 45 MILES PER HOUR. SECTION III. The Mayor of the City of Denton, Texas is hereby authorized to cause to be erected appropriate signs indicating such speed zones. SECTION IV. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor wnd upon conviction thereof shall be fined i,, any sum not tc exceed Two Hundred Dollars (:200.00). SECTION V. That this ordinance shall become effA)ctiie fourteen (14) days from the date of its passage, and the is ty secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-t'hronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1955. RICHARD 0. 6TEWART, MAYOR CITY OF DENTON, TEXAS ATTESTi CHARLOTTE ALLEN, CITY RECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM! DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTONr TEXAS Syl 61 PAGE 2 N, pa¢4 Z `Of 5 44d /0/i7~/8Jr ITEM 14 APPROVE LOADING ZONES (13 REVIEWED)t Jerry Clerk presented viawgraphs for the commissioners review on the following businosses: Business Location Zones Reg American Cleaners 6 Laundry 121 W. Oak' 2 Blair Electric 215 W. OaV 2 Collector's Gallery 120 W. Oak 2 Kibler Office Suppply 107 E. Oak 2 MCBrides Pawn 8 Nus c Shop 105 N. Elm McNeill Furniture 8 Appliance 104 W. Oak 2 Robert Sage 4 Assoc 22S N. Locust 1 Sherman's Shoes 114 W. Oak 1 Shiflet Finance Corporation 100 W. Oak I Shraders Pharmacy 121 N. Elm 1 Sue's Custom Sewing 216 W, Oak I Taliaferro's 118 W. Pecan 1 Thomas Furniture 200 W, Oak 2 Gilbert Berstein recommended repainting of all loading zone areas. Bruce Chamberlain made a motion to renew all loading zone request at the current fee of $75.00 per tone and Virginia Gallian seconded the motion. At passed unanimously. ITEM /5 SPEED~ZONING ORDINANCE - FM ISIS BONNIE BRAE TO Jerry Clark stated th,rt speed zoning ordinance for FM ISIS (SS MPR to 4S MPH) was provided by John Miller, District Engineer for the Texas Department of . Highways and Public Transportation, A radar study was done. This is the first attempt to get a speed zone on a state highway; because of current development and future development, the staff feels it is necessary. Dan Martin commented that traffic when at peak traffic hours does move much faster. Thera was no opposition. STAFF RECOMMENDS: Approval of'request COMMISSIONERS: Dan Martin made a motion to reduce the speed lie:t from SS MPH to 4S MPH in front o: the businesses, Doris Chipman seconded the motion. It passed unanimously, r a• b s k.i".Ti- F 1 777 a 36L ~A/t NO. AN ORDINANCE DESIGNATING AND ESTABLISHING A SPEED LIMIT ON LILLIAN MILLER PARKWAY (FORMERLY 1:IDGEWAY DRIVE), BEGINNING AT THE SERVICE ROAD OF INTERSTATE 35E TO THE INTERSECTION OF TEASLEY LANE, OF THIRTY-FIVE (35) MILES PER HOUR; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION 1. Based upon an engineering and traffic investigation, the City Council hereby designates and establishes on Lillian Miller Parkway (formerlyy Ridgeway Drive), beginning at the Service Road of Inter- state 35B to the intersection of Teasley Lane, a thirty-five (35) mile per hour speed limit and hereby determines that the reasonable and safe maximum prime facie speed limit on said p-7rtion of Lillian Miller Parkway (formerly Ridgeway Drive) be thirty-five (33) miles per hour. SECTION II. An individual adjudge' guilty of excecutng this speed limit, when signs are erected gi,vng notice thereof, shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($2 0.00). SECTION 111. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid DI any court of competent jurisdiction, such holding shall not efct the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newepseer of the City of Denton, Texas, within ten (10) days of the data of its passage. PASSED AND APPROVED this the day of , 1985. RICHARD 0, AlTv MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTrE ALLEN CITY CITY OF DENTON,,TEXAS SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTONs TEXAS BY: ►eaarirsa~~ ,t n~ v x`S1. pag0 3 of 5 pages ITEM 16 SPEED ZONING ORDINANCE LILLIAN HILLER IBS TO Jerry Clark presented the requested for reducing the speed limit. He said the terrain was designed for 40 MPH and eventually would be a four lane highway. Larger cuts wi +ld have taken out a lot of trees. Due to the, hills, heavily ti id parkways, and future use of the land frontages, a speed lii It of 3S is recommended for safe driving speed. STAFF RECOMMENDS: Approval COMMISSIONERS: Virginia Gallian made a motion to approve the request and Gene Gohlke seconded the motion. It passed unanimously. ITEM 07 APPROVE BELL EAGLE INTERSECTION SIGNALIZATION Jerry Clark presented a drawing on the intersection to the commissioners. He explained how the intersection was designed to carry the flow of traffic. The intersection now functions efficiently and safely. The proposed signalizatlon is mainly for left hand turns only and concrete work for the 'ntersection hss been installed. Signalization should allow it to handle traffic volumes that are increasing rapidly. Jerre said traffic engineers in Houston drew up the plans for the intersection in 1983 and they were followed closely. STAFF RECOMMENDS: Approval COMMISSIONERS: John Tompkins made a motion to approve the request and Virginia Gallian seconded the motion. It passed unanimously. ITEM 08 LOADING ZONE REQUEST BY PIZZA EXPRESS ON FRY STREET Jerry Clark said this item was discussed and tabled by the commission at the last meeting 'mod to lack of information. Jerry said he has talked with them and Fry Street is where the two loading zones were noeded. There still could be a stacking problem but Fry is not as busy as Hickory. STAFF RECOMMENDS: Approval COMMISSIONERS: Gene Gohlke made a motion to approve the request and Vivian Edwards seconded the motion. It passed unanimously. I OFFICE OF THE CITY. ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Debra A. Drayovitch, City Attorney DATE: October 30, 1985 SUBJECT: License Agreement with West Publishing Company for Westlaw Computerized Legal Research System Attached hereto is an ordinance authorizing the City to enter into an agreement with West Publishing Company for our computeri,-ed legs? research system. Funds were approved for this expena:r•*?--- in this fiscal year budget in the amount of $49000. The computer was ordered in July and is supposedly due to arrive any day. For these reasons, approval of the attached ordinance is recommended. Respectfully submitted, DAD:jc Attachment 1243E r < NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND WESTLAW FOR A SUBSCRIBER AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Covecil hereby approves and authorises the City Manager to exocuts the Subscriber Agreement between the City of Denton, and Hest Publishing Company, under the terms and candttions contained in said agreement which is attached hereto and made a part hereof. SECTION Ii. That this ordinance shall become effective immediately upon tta passage and approval. PASSED AND APPROVED this the _ ^ day of , 1985, RICHARD 0. STEWART) CITY OF DESTON, TEXAS ATTEST: ✓ CWLOTTE ALLEN CITY SECKETA" CITY OF DENTON,ITEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM& DRAYOVITCII~ CITY ATTORNEY CITY OF DENTON, TEXAS t t WESTLAW SUBSCRIBER AGREEMENT AGREEMENT between WEST PUBLISHING COMPANY ("WEST) and Cit of Denton, City Attorney la Office ("Subscr er as C it 0ws 1. Access to Data Base and License. WEST grants to Subscriber during the term o this agreement a r g'Fof access to the data ("Data") in the WESTLAW data base ("Data Base") through a terminal in Subscriber's office for use in connection with Subscriber's professional work and (11) a limited, nonexclusive, nontransferable license to use Data copyrighted (or copyrightable; by WEST and other contributors to the Data Base iden- tified therein as copyright owners ("Contributors") In tnn performance of Subscriber's professional work. Any storage, reproeuctlon, transmission, or transfer for consideration of any portion of the Data Base is strictly prohibited. 2. SubscriptionFec. Subscriber shall pay WEST the fee for Plan describe3 in Schedule A. Subscrlber may elect to substitute one of the other applicable plans then available by giving West thirty days written notice. No plan can be adopted for a period of less than three months. Training is provided on the terms specified in Schedule A. Fees are exclusive of any State, or local sales, use or other taxes of a similar nature and are subject to change (with notice) prior to the effective date of this agreement and twelve months thereafter upon sixty days notice. 3. Billing and Payment. After the end of each calendar month, WEST will senTTFSu sb crTber an invoice setting forth charges incurred during such month in accordance with the adopted plan. Within thirty days after receipt of invoice, Subscriber will pay to WEST the full amount due. Thereafter WEST may charge Subscriber up to the maximum legal interest on any unpaid balance. 4. Equi mp ent. The equipment ("Equipment") will be provided by i; and, if supplied by Subscriber, must be tested by West bs tests compatibility with WESTLAW. Equipment will consist of: Block Mode Character Mode Terminal: Terminal Type IBII 3270 PC Type Modem Bat 212A rdnpatjbie Model No. Software Provided by Wei _ I.D. Number: Single Spaced Double Spaced I . D. Used Modem Software Schedule 61, 02 and 83 cover purchase and lease options available it Sub- scriber wishes to purchase or lease the equipment from WESTLAW Services, Inc. (WSI). Equipment not purchases; but provided to the customer by WSI under specified options, during the term of this agreement, shall be installed in an environment prepared by subscriber as requested and may be removed by WSI upon termination of this agreement. Equipment supplied by subscriber will be installed and maintained by subscriber at its expense. TEST (or its desiynated representative) shall have the exclusive right and obligation to connect, maintain and disconnect at any time the access line from the Equipment to the Data Base. 5. Alteration of Equipment. Equipment shall be kept by Subscriber in its soTe possession. Subscriber is responsible for all use of and any damage to Equipment. A alteration or attach 4nt to any piece of Equipment may be made only upon prior written •proval from WEST. Tree term "alteration" means any change to any piece ftf Equipment which deviates from the manufacturer's physical, mechanical or electr'c machine design for such piece of Equipment, whether or not additional devices or parts are required or may be added. The term "attachment" meads the mechanical or electric or electronic interconnection of other equipment and devices to any piece of Equipment. 6. Ownership and Dissemination of the Data Base ad the Licen3id Data. WEST and on r u or57 shall remain the eicl`us ve ownerqs 6-1sQTR; title and interest in the Data Base and Data licensed hereunder and are copyrights'(and renewals, thereof) heretofore or hereafter secured therein. All publication, dissemination and other rigghts in the Data Base and the Data licensed hereunder are reserved to WEST and Contributor(s) in all languages, formats and media throughout the world for the sole and exclu- sive use or any other disposition by WEST and Contributor(s) or their assignees or grantees at a,.,4 time acid from time to tune without obligation or liability to the Subscriber. Subscriber shall not make any printout or other tangible form of retrieved Data available to any other person without first obtaining a written agreement from such person not to further disse- minate such material. Copyright Notice. Unless each printout page or other tangible form of retrieved a a shall contain a WEST copyright notice, Subscriber shall stamp or otherwise affix on each printout page or other tangible form of retrieved Data a WEST copyright notice which, except if Subscriber is notified to the contrary, shall be the following notice (including the current calendar year): "(c)COPR. WEST 19 _ NO CLAIM TO ORIG. U.S. GOVT. WORKS" B Responsibility for Use of Data and Limitation of West's Liabilitt Subscriber assumes sole responsibility or a use olr7 e a a Use an Data. WEST representativf,s are not authorized to assist with the perfor- mance of professional work. If Subscriber requests and receives assistance from WEST personnel in researching any point of lao, such assistance shall be it Subscriber's risk, and 'BEST shall not have any responsibility or liability with respect thereto. WEST's full liability hereunder for any and all claims of damages, for any cause whatsoever and regardless of the form of the action, whether in contract or tort, including negligence, shall be limited to the fee paid or payable by Subscriber for access to and use of the Data case and Data during tha period any events which are the basis for any such claim(s) occur, if, NO EVENT SHALL WEST BE LIABLE FOR ANY DAMAGES RESULTING FROM SUBSCRIBER'S INABILIT( OR FAILURE TO PERFORM PROFESSIONAL WORK, OR FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL EXEMPLARY OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART' TO SUBSCRIBER'S RIGHTS UNDER THIS AGREEMENT, EVEN IF WEST HAS BEEN ADVISED OF THE POSSIBILItY OF SUCH DAMAGES. 9. Term and 'termination. This agreement will become effective, sub- sect to app" rovaT-anT execution by an authorized representative of NEST in St. Paul, Minnesota, on the date the Equipment provides access to WESTLAW and will continue in force until terminated by either party upon sixty days written notice to the other party; provided, however, that it may not be terminated prior to one year after the date on which this agreement first becomes effective, Eitaer party, however, shill have the immediate right to terminate this agreement if the other arty commits a material breach hereof. The second sentence of Section I and all of Sections 2, 3, 41 6, 7, and 8 shall survive any termination of this agreement, 10. Entire A reement, This agreement and its schedules constitute the entire understanding between the parties with respect to the subject matter hereof and supersede any and all prior understandings and agreements, oral and written, relating hereto. Any amendment hereof must be in writing and signed by both parties. 11, Assignment, Neither this agreement nor any rights hereunder may be assigned, su tensed, or otherwise transferred, in whole or in part, by Subscriber, without prior written consent from WEST. 12, Limitation of Claims. Except for fees due hereunder or improper use of the Data ash, no c aim, regardless of form, arising out of this agreement may be made, or action based upon such claim brought, by either party more than eighteen months after the basis for such claim becomes known to the party wishing to assert it, 13, severabilit . If any provision of this agreement shall be deter- mined to e-6 Vold, invalid, unenforceable or illegal for any reason, the validity and enfo-,ceability of all the remaining provisions shall not be affected thereby. 14. Non-Waiver, The failure of either party to exercise any of its rights under this agreement for a breach r sreof shall not be deemed to be a waiver of such rights nor shall the same be deemed to be a waiver of any subsequent breach. 15. Notice. All notices under this agreement shall be given in writing to the parties as follows: To WEST: West Publishing Company To Subscriber: 50 West Kellogg Boulevard Debra Adami Dra ovitch P,O. Box 352E City ttorne s Ottice St. Paul, Minnesota 55165 215 :ast c nne Attentions. James E, Taylor 'Fenton, Texas /bZVL NEST PUBLISHING COMPANY S--bscr er Signature - Signature Title: Title: City 1-lattaper- Date: Street/91dgs 215 East McKinney City/State: Denton, Texas 76201 Tilephones._ 817 /566-8333 February 1, 1983 (4) Contact; Debra Adami Drayovite h 1. ~J •.r#.a ~ nIw 77 L.~. November S, 1985 000P / CITY COUNCIL AGENDA ITEM TO: I4AYOR AND ,MEMBERS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager' r` SUBJECT t` Consider Service Fee for 12 Months for American Public Power Association for Denton Municipal Utilities. RECOMMENDATION The Public Utilities Board, at their meeting of October 16, 1985, recommended to the City Council vpprovaI of APPA membership and annual dues. SUMMARYi9ACKGROUND American Public Power Association is the national association of public power systems. Its primary function is to assist municipal electric systems with lehislation and to keep the member cities abreast of legal, legislative, regulatory, operational and technical issues affecting their electric systems. The annual fee for this organization was included in the 1985-86 budget which has been approved by the Council. PROGRAMS, DhPAR1M ENTS OR GROUPS APFECTEDOR GROUPS APFECTBD City of Denton Municipal Utilities, Public Utilities Board, City Council Members, citizens. FISCAL IMPACT Annual Dues $11,480.42 Source of Funds 610-008-0250-8505-6921 R ee ully sub ted, c ve a Acting City Manager d Approve R'. Es e s n Director of Utilities EXHIBIT 1 Invoice APPA 11 Minutes PUB Meeting of 14/16/85 WOO 0909t • NO. AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON FOR ANNUAL SERVICE FEE FOR MEMBERSHIP IN THE AMERICAN PUBLIC POWER ASSOCIATION AND APPRO:M THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, the City Council has determined that it is in the best interest of the citixens of the City to provide public funds to continue membership in the American Public Power Association; and WHEREAS, Section 2.36 M of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Council hereby approves the expenditure of funds for membership in the American Public Power Association. SECTION II. That the City Council authorizes the expenditure of $11,480.42 as specified on the attached invoice. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1983. CHARD a. STE'17J O CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY-31MMM CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FOM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS i BY: +MERICAN PUBLIC POWER A8SOCIATION 2301 M Street, N.w., WuNngton, D.C. 20037.1484 O CT 03 1985 R. eo NELSON Slit T~15TKINNYT E ROSIER /IJI OATS 9/3DYf!~ T A~ 76201 INVOICE NO. D .-09688 L ~ ACCOU14TCODED ENTN-DENTO-TX-NU TERMS: Net 30 days $2090009000 X 0.0002630 $25t4729366 X 000001100 5771671 X s0400530 1201950 X $0.00295 SERVICE FEE FOR 12 MONTHS BEGINNING 10/ 1/85 $L19480.42 TOTAL DUE $11t48,1942 c E p F ~j N LASCQOANC D'SdSITHAATfCtEV9YS'ECTIppMSNYY TELAPANOyG~~EjjA~SALEf223TOROh~at7Ni B R PION TDO HEAAPPA ~EEKLYONca LETrrRLi~OAHN~LN YOURFUTTIIITY IS T1 -.0. Please return one copy of Invoice with payment - 71 7 7 7 1V ` -1-AMERICAN PUBLIC POWER ASSOCIATION 3 3341 M ITRIIT 111M NAININOTON DC !1111 P 2121111.1311 j 1 1, NOTE: (your APPA Membership Servee fee for the year beginning L tober 1, 1985 will be payable shortly. This fee is based on a percentage of your gross annual electric revenues and a percentage of your kilowatt-hour sales for your most recent fiscal year; therefore, please furnish us this information on the form below, at your earliest convenience. Thank you.) STATEMENT OF GROSS ANNUAL ELECTRIC REVENUES AND KILOWATT-HOUR SALES FOR USE IN COMPUTATION OF APPA MEMBERSHIP SERVICE FEE American Public Power Association 2301 M Street, N.W, Washington, O.C. 20037 (1) The gross annual electric revenues of the undersigned utility for the most resent fiscal year are as follows: Electric revenues, except sales to other utilities (retail) S 41,496,739 Electric revenues from sales to other utilities (wholesale)' s 3,975,627 TOTAL GROSS 4NNUAL ELECTRIC REVENUES S 45,472,366 (2) The kilowatt-hour sales of the undersigned utility for the most recent fiscal year are as follows: Kilowatt-hour sales, except sales to other utilities (retail) 577 671319 KWH Kilowatt-hour sales to other electric utilities (wholesale)* 120'9509000 KWH TOTAL ANNUAL KILOWATT-HOUR SALES 6981621,319 KWH 'Wholesale sales include only firm power transactions covering periods of twelve months or more. Name of Uitlity DENTON !MUNICIPAL UTILITIES - City,SLite DENT0111, TEXAS Zip ,T n2ol Signed by Title Date - 3Q - 5 Notes if APPA Service fee is in excess of S1400, payment may be made semiannually, or quarterly, if desired by the member utility► Please Indicate K ether you would like to be billed (V) Annually ( ) Semi-annually ( ) Quarterly r EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD MEETING October 16, 1985 4. CONSIDER SERVICE FEE FOR 1 MONTHS FOR AMERICAN PUBLIC POWER ASSOCIATION FOR U-VKUT Nelson summarized the purpose of the APPA for the Board, and explained the factors inve:ved in the computation of the annual service fee. The fta is based on a percentage of the gross annual electric revinues and a percentage of the kilowatt-hour sales for the most recent fiscal year; this year the amount is $11,48ii.42 beginning 10/01/85. Thompson made a motion 1:o accept the ;service fee as introduced. Second by Beyd. All ayes, no nays, motion carried$ I r No. Y / . A RESOLUTION BY THE CITY COUNCIL OF THE CITY Or DENTON, TEXAS, RELATING '10 THE ISSUMCB OF BONDS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF ONE OR MRE SERIES OF BONDS; AND HAIaNO CERTAIN F:.NDINGS IN CONNECTION THERENITH WHEREAS, there was established a nonprofit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educatioaal opportunities of students by providing funds for the acquisition of student loans; that such has been accomplished, this corporation being known as the "North Texas Higher Education Authority, Inc." (the "Authority"); and WHEREAS, the Authority has proceeded in the development of a plan of doing business and has issued bonds for the afocesaid purposes, and provision should be made for the refunding of such b~:niis or for the ncquisttton of the portfolio of loans generated thereby, additional funds are needed to continue the program and it Is now appropriate for this governing body to approve the Issuance of additional bonds for such purpose:. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OOUNCIL OF THE CITY OF DENTON, TEXASt SECTION is That this gnverning body has been advised by the Authority that such Cotporation, upon approval thereof by the governing bodies of the City of Denton, Texas, and the "Ity of Arlington, Tetras, proposes to issue revenue bonds in orJer to provir.a funds (i) for the acquisition of additional student loans in it principal amount not to exceed $100,000,000; and (it) for the refunding of all or part of the bonds of the Authority outstanding from time to time or for the purpose of acquiring the portfolio of loans now held under the indentures; that such bonds would be initially issued as one or more series of Bonds (collectively, the "Bonds") and that such Bonds would be payable from and secured by a pledge of revenues derived from or by reason of the ownership of student loan notes and investment Income after deduction of such expenbea for operating the loan program as may be specified by the bond resolution or trust indenture authorizing or securing such Bonds and the payment thereof. The Ronda are issued to obtain funds with which to purchase Student Loan Notes which are guaranteed under the previsions of the Higher Education Act of 1965, as amended, to establish certain reserves and for the purpose of paying certain expenses. SECTION Itt That this governing body hereby approves the Issuance and delivery of such Bonds in one or more aeries for the purposes aforesaid, and In this connection requests that the said Authority exercise the poi. rs enumerated and provided In Section 53.47 of the ''exss Education Code; that such non-profit corporation shall, in this connection, exercise such po-4ers for and on behalf o! the City and the State of Texas, as contemplated by section 53.47(e) of the Texas Education Code. SECTION III: That the City does not agree to assume any responsibility in connection with the administration of this student loan program; It being understood this rasponelbility is being assumed by the Authority. -1- SECTION IVI That It is recognized by this governing body that the instruments which aut'►orize the issuance of Bonds by the Authority will specifically state that this City is not obligated to pay the principal of or interest on the Bonds proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by this City that it will pay or provide for the payment of any obligations of the said Authority whether heretofore or hereafter incurred, and in this connection, attention is called to the Conatitutloti of Texas wherein it is provided that a City may incur no indebtedness without having made provision for its payment, and this City Council hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. StcrION V; That the Mayor or Mayor Pro Tem is authorized and directed to assist the Authority in the preparation and execution of a request for an allocation of the state "cap" under Section 103(n) of the Internal Revenue Code of 1954, as amended, and the assignment to the Authority of any allocation made or t,: be ride to this City in the calendar year in which a series of bonds is delivered to hereby made and approved. SECTION VIS That this Resolution shall be effective from and after its passage and approval, and shell supercede the resolution heretofore sdop W April 23, 1985, SECTION Vllt That it to hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by Law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED this day of , 1985. Mayor, City of Denton, Texas ATTEST: City Secretary APPROVED AS 'PO FORM AND LEGALITY; -2- DATE: October 30, 1985 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Adoption of Three Personnel Policies RECOMMENDATION: We recommend that the Council approve the following policies: 1. Longevity Pay (106.06) 2. Personal Leave Without Pay (111.08) 3. Tuition Reimbursement (107.09) SUMMARY: Three personnel policies are being presented for Council consideration of adoption. BACKGROUND: Two policies (Longevity Pay and Tuition Reimbursement) are revised editions of previously adopted policies. The other policy, Personal Leave without Pay, is a new policy. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: These policies will affect all city emp oyees. FISCAL IM,ACT: There is no impact on the general ford. 3083P/p2/ MY of DfNTON DBNrOAG rfSX%3 70901 KHMORANDUM DATE: October 30, 1985 TO: Betty McKean, Assistant City Manager FROM: Kathryn Usrey, Director of Personnel/Employee Relations SUBJECT, COUNCIL A.GENDA ITEM: POLICIES AND PROCEDURES At the November 5, City Council :meting we will be presenting another group of policies for adoption. As you are aware, this group of policies represents hundreds of hours of work by the Task Forces, Steering Committee and Executive Committee. The following is a brief summary of the policies being presented to the Council: 1, honasvitV Pav (106.07) This policy replaces the Longevity Pay Policy 3.6 adopted by Council in 1975. Chenges to the updated policy are: a. Employees must be employed on are before May 31, to be eligible to receive a check the following December. b. Employees required to retiri due to mandatory retirement before longevity checks are issued will be entitled to total longevity paid leas $4.00 per month for each month not employed prior to check distribution. 2. Personal Leave Without _W (111.08) This policy replaces the Leave of Absence Without Pay Policy 4.8 adopted by Council in 1975 - the revised policy more thoroughly outlines the circumstances under which this type of leave may be granted. It also defines the, dilferent categories of leave and the procedures that suet be followed for approval of this type of leave. ==Mai Betty McKean October 30, 1985 Page 2 4. Tuition Reimbitt en (107.09) This policy outlines the guidelines governing the reimbursement of funds to regular full-time employees that are furthering their education. This policy is consistent with practice and is being set in writing for the purpose of uniformity. Please let me know it you have any questions regarding these policies. &j ~Jj~-9~ A.h ryn scey a gf 13948 ~k 77777777 . R E S O L U T i A N WHERSAS, the Director of the Personnel/Employee Relations Council's reghas ulatrionsCefo propothsed policies regarding t efor the mplnyes City rules Denton considecAtionj and wHEfIEAS, the City ^ouncil desires to adopt such policies as official policies reg.rding empl-)yment with the City) lOWt THEREFORE, BE IT RESOLVED BY THE COONCI6 OF THE CITY OF DENTON* TEXAS, THAT SECTION to The following poliviea, attached hereto and made a part j hereof, are hereby adopted as official policies of the City of 1) Denton, Text$$ Longevity Pay (Reference No. 106.07) Tuition ersonal Reimbursement rwithout Pay (Reference No. 111.08) SECTION I l e The foregoing poliolet are attached hereto and made a part hereof ar.d stall be filed in the official, records of the City of Denton with the City Secretary. SECTION -111, i The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 19771 are hereby rescinded to the extent they conflict with the attached policies )od any administrative procedures and dirrctives issued under the authority of the City F.anager implementing the policies hereby adopted, SECTION IV. This Resolution shall be effective from and after its date of passage and approval. PASSED AND APPROVED this the day of , 1985. T , RICRW , CITY OF DLNTON, TEXAS i aTTESrr AR . E ALLE , ITY ECBETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL 70RK1 I DRSRA ADAM! DRAYOVITCH* CITY ATTORNEY CITY OF DENTON, TEXAS BY$ F, v CITY OF DENTON oACF~cP...l. !OLIO'!/ADIIIHIMATIVI P1002001 >Z/ADIIINISTRATIYS DIRSOTITI REPERt4CE SECTION:PIRSONWI/EMPLOYII RELATIONS NUMB f0h.07 M SueJECt:LONCEVITY PAY EFFECTIVE DATE: TITLEr LON(;'BVITY PAY REPLACES: POLICi STAIE ME1lT: Longevity pay is provided to sngourlge retention of onployees by recognising the value of long tern service with the City. Those paywedts its for full- tine regular employees and are aide according to the following schedule: 1. Non-Civil service amployeas A. An employee must be employed on or before May 31st and be employed the dates the check is issued to receive longevity pay in that year. B. Accru.kl is at the rate of $4.00 per month for each full month of uninterrupted service. (Saample: 48 months seevtce would result in a payment of $192.00.) C. Payment is to be made in a lump sum each year during the month of Decemb4.. D. Employees requirad to retire due to mandatory age and before longevity checks are issued will be entitled to the total longevity pay less $4.00 per month for each month the employee retired prior to longevity check distribution. It. Civil Service Employees A. Eligibility commences after one year of service. B. Accrual is at the rate of $4.00 per month for each .,)nsecutive year of service after the first year. C. Payment is made on a monthly basil and is included on the regular paycheck. 0244se 06/17/g5 l ~y. R i ~J F t M° 'q3 b9t'S~ el{ J 9 e.~~wh~ \ (I 5• 1 CITY OF D "'NTON PAael~oF.2, POWOY/ADM1XISTRATIVI P3100=0VIR/ADIIII NIZATIY1 0112011TR • REFERENCE SECTION: NUMBER: ON1 111.06 EFFECTIVE OAM SUBJECT. 0PROYE1D LEAVE - --REPLACES: TITLE: pgRSoHAL LEAVR utTHOUT PAY POLtCY STATRKW*- In special circumstances, supervisors may consider granting absence to employees for medical, emergency, legal, educational or any other legitimate purpose personal to the employee. A personal leave of abslacs is approved time off without pay( tuployses requesting such leave may be obligated to show that granting sLch leave will not work an undue.hardsbtp on the appropriate operating department. primary considerations toe leave approval include vacation, sick, end compensatory time accruals of the employee, and the legitimacy of the request. • 1,upervtsors authorising personal leaves of absence may be required to submit an esplanation to the Department Director and/or the Personnel Department as to why compensatory time, vacation time., or similar accrual was not used by the requesting employee. The circumstances resulting to the leave authorisation may also be eagvired in the explanatory report. Approval of personal leave protects the employee's position with the City for a specific period of time. Categories of personal leave are as follows! o %MdIate - one hour to two work days. o Short-term - more than two work days to fivo work days. o tons-term - more than five work days to less than twenty work days or thirty calendar days (whieb ever is loss). o B e e - more than twenty work days or thirty calendar days (which ever is leas). (Ifor purposes of dotinition, a work day is eight hours for most employees= foS employees working twelve hour shifts a work day is twelve bouts.) All personal leave without pay must be donuw ntad on the appropriate torn. Any personal leave without pay exceeding five work days will require the approval of the department director and written notification to the Personnel/ Rmp),oyse Relations Department 0.e., a completed absentee form and a status change). On requests for ~LU leave of absence It is the supervisors responsibility to asplore the l4Skti0a:y of the request upoR the employee's return to work to determine It the leave k to be authorised. Approval of IM, short and gy,tended leaves of absence 4111 be based on the employee's PAO E~Of.= POLIOY/AOYII(ISY><ATiVR PRO0ID0RN AD11INUTIATIV2 DIANCTIV1 (Ceat(aaed) REFERENCE TITLE: NUMSM PERSONAL LAVE Y'YTROVI PAY 111.08 work load, needs of the department, the degree Of advance antics given prior to the expected start of the leave, the legitimacy of the request, and the vacation, sick, and compensatory time accruals of the requesting employee. &11 leaves longer &hUthirty (30) calender days or twenty (20) work days in dUAUen require aneroq~irem the Department Director and the city Manaaee. vacation and sick leave accruals will cease when the length of time approved as leave is more than one-half of the scheduled work time per month. Accruals held by the employee prior to start of personal leave without pay will be maintained. An employee returning to work from a personal leave without pay extending thirty (30) calendee days or twenty (20) work days or more will receive an adjusted performance review date and adjusted longevity date. Misrepresentation of the purpose for personal leave by the requesting employee may result in cancellation of the leave, disciplinary action, or termination. An employee falling to return from personal leave on the specified date, without notifying the approving authority, and receiving approval for a leave S extension, will be subject to termination. A supervisor may rescind termination it sad when the employee provides reasonable, written explanation for failure to notify. 02124 07/03/35 CITY OF AENTON ;AGE.LoF--L POLIOT ADVINUTIATIV• PROONZ)VIN AD1lINl3TIATIV2 DIRROTIVS o REFERENCE SECTION: PERSOVVtL/EMPLOYEE RELATIONS NUMBER i07.09 EFFECTIVE OATE, SU13JECT: 2NPIAYEE BENEEIT8 AND SERVICES 7/19/84 REPtACES~ TITLE: TUITION REINBURSEMEMT POLICY STATEMENT: The City of Denton Will consider providing tuition reimbursement to regulte full-time employe*s to broaden their knowledge of their current posttlo% and to prepare for possible assumption 9f new job responsibilities. Employees will be considered on a first coma-fleet served basis due to limited funding. An employee must be a rogclar full-rttwo employee and have completed at least six months service with the City prior to application approval. Technical, non-dsgrea, undergraduate, or post graduate degree study pursued through any State of texas accredited institution will be considered. Courses without a degree plan on file must be justified, by the employee, as being job related to a memorandum to the Personnel/Employee Relatlocs Department. Out of state accredited degree plans will be considered only when not available in • this area. The maximws tuition reimbursement will be the amount of tuition and fees paid, excluding udinx deposits, perking fees, travdl, books, supplies, ate. up to, but not exceeding, tuition rates par credit hour charged by the nearest four year state rupported collegiate icstltutlon, lest !cy other combined amount of educational support received from other sources. Reimbursement is not authorised :or sources already covered by veteran or other educational assistance. Reimbursement will be provided when a grade of "C" or above is achieved in college undergraduate courses, and a "B" or above in college graduate courses. An employee who leaves City service less than two years after completion of the reimbursed course must return the funds to the City upon termination. 0214a 07/29/85 Y '}ti2b7 1 . f R E S O L U T I O N WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described; and WHEREAS, the City of Denton has been unable to cgree and cannot agree with the owners upon the value of the hereafter described right, titte and interest In the hereinafter described land situated in the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DE'.NTON: SECTION I. The City Council hereby finds and determines that it is necessary to acquire the hereinafter described rights, title and interest in the hereinafter described land, and that it is necessary that it authorize proceeding in Fainent Domain to acquire the rights, title, and interest in the hereinafter described property. SECTION It. The City Attorney of the City of :entun, Texas, is hereby authorited and directed to bring condemnation proceeding to obtain an all purpose utility easement in, over, and under the following tract of land situated in Denton County, Texas; All that certain lot, tract or parcel of land lying and being situated in the City and County of Dentoa, State of Texas, and being part of the W. Bryan Survey, Abstract No. 148 ani also being part of a tract of land conveyed by deed recorded in Volume 612, Page 430 of the Deed Recotds of Denton County, Texas, and more particularly described as follows: Part 1 • Permanent Easement: Beginning at the northwest corner of said tract, said point lying in the east boundary line of said W. Bryan Survey; Thence south along the east boundary line of said tract, a distance of 16 feet to a point for a corner; Thence vest, 16 feet south of and parallel to the north boundary line of said tract, a distance of approxiaately 1473 feet to a point for a corner in the west boundary line of said trace; a Y' ~ Jr 1 f , Thence north, along the west boundary line of soil tract, a distance of 16 feet to a point for a corner, same being the northwest corner of •.±d tract; Thence east, along the north boundary line of said tract, a distance of approximately 1973 feet to the place of beginning and containing 0.73 acres of land, more or less. Part 2 - Construction Easement: In addition to the 16 foot permanent easement as described above, an initial construction easement forth 4'40') feet in width is to be furnished. This easement shall be adjacent and parallel to the permanent easement sad will lay on the south side of said permanent easement. The construction easement to be used for initial construction only; for the purpose of constructing, reconstruction, and perpetually maintaining an all purpose utility easement in, on, and under said property. SECTION III. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the day of , 1985. r(AYOK CITY OF DENTON, TFXAS ATTEST: CWLOTTE s CITY A P CITY OF DE:;TONs TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAW)VITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 .TV yd. o f Y t L A L 1 R 9 S 0 L U T I U N BE IT RESULVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Council of the City of Denton, Texas, hereby casts all of its 556 votes for Raymond Pitts as a member of the Board of Directors of the County Wide Appraisal District for the County of Denton, Texas. SECTION II, This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the _ day of , 1985. RLCLIAR ski STL7Ali'1; TRY0K - CITY OF DFIN'rUN, TUAAS ATTEST: CITY OF DENT'1N, TEXAS APPROVED AS TO LEGAL FOM : DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF JENTON, TEXAS BY: lu 1P I "t~ CMY OOU M REPM FORD, To: Mayor and Mnbers of the City Council FiM: Rick Svehla, Acting City Manager SlJ93EX7P: Resolution to approve the Building Plans of Mr. Jay Ibdgers and W. Bruoe Brown REOWMATICN : It is the recar:nendation of the Airport Advisory Board to approve the plans and specifications for the proposed construction on Me. Rodgers' and Mr. Brwnn's airport lease property of two 80 x'80 and one 60 x 60 aircraft hangars and related ramp► taxiway and vehicular roadways. Summary. Mr. Rodgers and Mr. Brown propose to build two 80 x 80 and one 60 x 60 Ruffin metal aircraft hangars, concrete ram and taxiway facilities and connecting gravel vehicular roadways. These hangars and facilites will be oenatxvcted on their leased property located in the north east corner of the airport (north of Mr. Strickler's property). BACKG OEM: 7tne city council, on April 2, 1985, approved a Cc mercial Airport Lease Agreement by and between the City of Denton and W. Rodgers and Mr. Brown for the purpose of their constructing hangars and related facilities on the airport for rental and lease. Plans for those facilities have now been submitted to and reviewed by the appropriate City Depar*.:,ents, the Airport Advisory Board, the FAA and the Airport Staff. The lease ay:eement the estirated requires the cmte of such famstrructicn and the weed estimateuiifee of~the buildings ' before construction may oamnenoe. PROGMM, LEPAR' MMS OR GROUPS AFFWM: This construction should not effect any other program, department or group. FISCAL IWAC.'P: This construction will support additional activities cn the airport at no cost to the General Fund. Prepared by: Fes;~ect Submitted: Clint 4ch Airport Manager App enled By: 'Rick Svehla J Acting City !Reneger 1 Bill Angelo I $ E S O L U T I 0 N WHEREAS, the City of Denton has leased land upon the Denton Municipal Airport to Jay D. Rogers and Bruce Brown, a Texas partnetship, oy lease agreement dated April 20 19851 and WHEREAS, Jay D. Rogers and Bruce Brown desire to construct two 80 x 75 foot and one 60 v 60 foot aircraft storage hangars with related office space, taxiways, and roadways upon the leased p.-eaieesi and WHEREAS, the lease agreement provides that the plans and specifications and the location of the improvements, the estimated cost of such construction, and the agreed estimated life of such structures De approved by the City Council of the City of Denton before construction may commences and WHEREAS, the plane and specifications, the location and the estimated cost and life of such construction have been reviewed by the appropriate offices of the City staff and the Airport Advisory Board and found to be in compliance with applicable City ordinances and policiest NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL Of THE CITY OP DENTON, TEXAS, THATs SECTION I. The plane and specifications for the proposed construct.on of three airport hangars and related office space, taxiways, and roadways, attached hereto and incorporated herein by reference, at the location shown thereon, are hereby approved. SECTION II. The estimated cost of such construction of :171,918.50 and the estimated life of the proposed structures of 25 years is heresy approved. SECTION III. This Resolution shall be effccitve immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD STEWART, MAYOR CITY OF ..ENTON, TEXAS ATTESTi CHARLOTTE ALEENe CITY SECRETARY CITY OF DENTON* TEXAS APPROVED AS TO LEGAL FORKI DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS . ds~ ~•M oS y..; y AaRP AMISV1{i BILLY) July 18, 1985 SPECIAL CAUM MEE?r= CF A SUBOQbt•¢ = OF 7& CTTy (IF M CN Alppor F ADVISORY BQARD, 71ILWDAYo JULY 18, 1985, AT 12:00 NOCN IN THE CIVIL r ROAM Cr THE HVICIPAL BUILD=. MEM$ERS PRtMU3 Arno, Smith, Wright lk2+[iERS ABSEWt None 011U RS Pis Mr. Jay Rodgers; Mr. Jackie Doyle and Mr. Clint Lynch of the City Staff. Plans for the ccnstructirn of three hangars (two 80 x 80 and one 60 x 60) and related taxiways and parking ramps for tract 1, together with tentative plans for the ultimate development of the entire teased premises were presented by Mr. Rodgers to the special suboonm)ittee of the Airport Adviso Board pedit ~sE>x3onnmittae was appointed by the Board at the May 8, 1985, meeting for the pdrpose of reviewing Mr. Rodger's plans once they were received from the hangar manufacturer). Mr. Rodgers emphasized that the plar►s for hanga.; outside of Tract 1 were tenative only. Mr. Wright stated that the Board recognized that they were tenative and that they could be changer]. The required separation between storage and repair. hangars was discussed. Mr. Doyle stated that he would research the matter and advise. Mr. Rodgers said that he would check with Mr. Doyle if any of the hangars wade to be used as repair hangars. Mr. Arno asked what colors the hangars would be. Mr. Rodgers replied that they would be baked-au earth tones - not pink. Mr. Rodgers stated that they hangars to be built would be empty sheds. Should a tennant require an interior office or storage area, Mr. Rodgers would obtain a finish out permit from Jackie Uoyle. Mr. Rodgers indicated that he would like to constrict his hangars up against his property line and asked Mr. Lynch if he would write a letter apprwing;an exemption from the require ant. that buildings be at least 40 feet from the party lirie• Mr. Lynch stated that this would be satf.sfattory on the waest, south and east sides, but that he ;.Would have to wait to see what Mr. Rodgers neighbor to the north would require before such construction would be approved on the northern boxy dry. Mr. Rodgers asked the Board to inspect a drainage ditch on his property which drains water from the interior of the airport -anti-, requested, that the city participate in the coat of piping the water through his property. Mr. Wright answered that the Board recognized that this was a problem and that it would be re.r;._ArA by the full Airport Board at a later date. The construction details of a gravel roaa~-ay to be built by Mr. Rodgers to the east of his leased property will be worked out between the two tenants using the road (Me. Rodgers and Mr. Coursey). A i&*4,G Waa made and seconded to reoannend to the City Council that the preliminary plans and specifications for the construction of hangars and related facilities be approved subject to the approval and issuance of a building permit by Mr. Doyle's office and the approval of the Developamt Review Committee. With no further business the Board adjoutrM at 105 P.M. •.i~~ Il ..l.. 41. i. r.. v2 , rdn ' .ar a r s I° .!!;;tPO s TO: Mayan and Wd)m Of the City Council FRCMs Rick Svehla, Aatirig City Manager SOBJDGT: Mr. Jim Coursey and W. Craig Tims Airpo.^t De%vlopnent Plans RDOOMM 'IrN s It is the reom menclation of the Airport Advisory Board to approve the preliminary plans frr the oonstruction of a taxi and aircraft- ramp on the lease property of Mr. ctaig 'l'ime and Jim Coursey. 2gs Mr. Time and Mr. Coursey propose to build a 30 x 238 foot taxiway from the matt: airport taxiway to their lease property and a 75 x 90 foot aircraft parking ramp located on their lease property. Mr. Tim: and W. Coursey also propose doing the preliminary dirt work to level their property to prepare their lease property for a hangar to be constructed in the future. Plans and specifications for the hangar will be submitted at a latter date. Badcrd s 7t* City council on September 3, 1985, approved a camrcial operators lease for Mr. Timm acrd Mr. Coursey for property on the north east corner of the airport for the purpose of their constructing an aircraft hangar and related rasrp and taxiway facilities. That lease requires that plans and specifications for any inp_'ovements be approved by the City Council before oonstructicn may co mence. Mr. Titus and Mr. Coursfy plan to build only the ramp and taxiway at this time. They will return at a latter date with plans and specifications for the construction of their hangar. proGpAM9p bfpAraWI PS OR G-tXJPS AFEECM: This construction will not effect any other program, department or grrnp. FISCAL INPAL': s This ocnstruction will stkVort additional activities on the airport, with no cost to the General Ru)d, Prepared it . tfully Submitted: Clint Airport Manager Rick Svehla Approved by: Bill Angelo < r 12511. 4 R E S O L U T I O N WHEREAS, tte City of Denton has leased land upon the uenton Municipal Airport to Craig Time and Jim Course a Texas partnetship, by lease agreement dated September 3, IN and WHEREAS, Craig Time and Jim Coursey desire to construct a taxivsy, a 90 x 75 foot parking ramp, and level the bite of theit proposed hanger upon the leased premises; and WHEREAS, the lease agreement provides that the plans and specifications and the location of the improvemente, the estimated cost of such construction, and the agreed estimated life of such structures be approved by the City Council of the City of Denton before construction may comments; and WHEREAS, the plans and specifications, the location and the estimated cost and life .E such construction have been reviewed by the approptiate offices of the City staff and the Airport. Advisory Board and found to be in compliance with applieab46 City ordinances and policies; NOW, THEREFORE, BE IT kESOLVED BY THE COUbCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The plans and specifications f%,r the proposed construction f of a taxiway and parking ramp and related Girt work for the proposed hangar, attached hereto and incorporated herein by reference, at the location shown thereon, are hereby approved. j SECTION 11. II The estimated cost of Fuch construction of $14,000.00 is i hereby approved. SECTION 111. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 19'3. R[CWMI5 0. STEWART, MAYOR CITY OF DENTON* TEXAS ATTEST: CFQ1ffX~; PC A , CITY 50RUM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS DEBRA AUA.II DRAYOVITCH, CITY ATlORNEY CITY OF DENTON, TEXAS BY: N~~, 77777 MINUTES AIRPORT ADVISORY BOARD SEPTEMBER 190, 1985 SPECIAL CALLED MEETING OF THE CITY OF DEW.VN AIRPORT ADVISORY BOARD, THURSDAY, SEPTEMBER 19, 19851 AT 1200 NOON, IN THE TERMINAL LOBBY of THE MUNICIPAL AIRPORT, MEM8ER8 PRESENT] Carrell, Hayward, Smith, Wright M-WERS ABSENT, Arno, Keith, Williams OTHERS PRESENTS Mr. Bill Perkins, Mr. Charles Willis of Charles Willis and Associates, Bruce Cardwell, and Clint Lynch of the City Staff 1. The Board considered an interim report by Mr. Willis and Mr. Perkins on the economic, environmental, and land use proposals for the Airport. Master Plan Study. Mr. Willis presented the proposed land use study. The Board expressed concern that the proposal and the present land lease situa0.on may be in conflict. Mr. Lynch and Mr. Willis confirmed they could coordinate their efforts to resolve any con:licts. Mr. i+illis reported that the Master Plan Study would be completed within 30 to 45 dAys. Mr. Perkins reported on the economic impact study. The Board felt that perhaps the study was too conservative. Mr. Perkins agreed, but stated that it was defendable. Mr. Willis give a brief summary of the environmental impact study, pointing out the possible need to extend zoning to the north of the airport because of predicted noise levels. 2. The Boar6 considered the Airport Lease proposal of Mr. Monty Collins. Mr. Collins' Air,vrt Lease proposal would be directly affected by the outcome of the land use study bo the Board tabled discussion until the land use issue is resolved. 3. The Board considered recommending to the City Council the approval of a resolution to approve the preliminary development plane of Mr. Jim Coursey and Mr. Craig Time. Mr. Courscy and Mr. Tims ware to build the taxiway and ramp needed to access their leased proper- ty and level the site for their proposed hangar. The Board sug- gested that Mr, ..ynch -write a letter explaisdnq that approval of such plans would not affect the time table for construction of hangars as stipulated in their lease. A motion was made and seconded to recommend to the City Council the approval of the preliminary development plans of Mr. c'oursey and Time. 4. The Board considered the Airport kanager's report. Mr. Lynch diacussed the placement of the ditch to the north of Mr. Jay Rodgera' property. With no fuither business, the Board a' at 200 P.M. • i'. k', a'A,P d li rrr November 5, 1985 CITY COUNCIL AGENDA ITEM TO: MAYOR ANU MEMBERS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager SUBJECT Consider Approval of the Final Report on Master Plan Update for City of Denton Sewer Connection System by Frcase an: NiCholso InC. RECO_MMEHOATION The Public Utilities Board, at their meeting of October 16, 1985, recommended to the City Council approval of the final report submitted by Freese & Nichols Inc., for the sewer collection system master plan. SUMMARMACKGROUAU October t, 1984$ the City Council had approved the contract with Freese & Nicnols Inc., for sewer 1ollection systt:m master plan. Freese & Nichols Inc., nave completed the study, and the Staff had determined that the report as submitted is adequate and is satisfactory per the approved contract agreement. Hence, the staff recommends approval of the report packe~ati on. A copy of the cluded in i o he f Ag4nda implementation. and report t is in The sewer collection system master plan was last updated in 1976. The staff is hopeful that this 1985 update will substantially help in planning and directing the City of Denton sewer collection system through the year 2010. However, it should be noted that such master study may have to be revised/updated as required based on actual trend in growth. PhOGRA14S DEPARTMENTS OR GROUPS AFFECTED City of Deni,on Municival Utilities, Planning Department, Developers and Citizens. FISCAL IMPACT Not applicable at this time. 39790:5 ~Ik 1 i Prepared by: R pe~fully sub tted~ j Srini Sunduramoorthy Civil Engineer Acting City Manager App b , r R. E. Nelson Director of Utilities EXHIBIT 1 Report- Wastewater Collection System Master Plan. 11 Minutes PUB Meeting of 10/16/85 3979U:6 77 77 Y rs f EXCERPT FROM M INUTES . PUBLIC UTILITIES BOARD MEETING October 16, 1985 6. CONSIDER APPROVAL OF THE FINAL REPORT ON MASTER SEWER STUDY FOR CITY OF DENTON SEWER CONNECTION RySrfm By J~]J~ N . Ham discussed the particulars of the Freese 8 Nichols study emphasizing the fact that the previous Master Plan was dated 1976, and is therefore grossly out of da•.e. According to Ham, Master Plan projections are based on Planning and Zoning and Water/Wastewater estimates of population growth up to the year 2010. This study will provide a "road map" of growth up to the year 2010. The methodology of this study involves laying population projections into existing drainage basins, and compar'ng these projections with the existing system. Results of this study showed conclusively that certain existing lines would be substantially overloaded by the years 1990-1010. Based on an analysis of the overload, the study established a capital improvements program delineating major interceptors and major lift stations that wiii be needed to keep abreast of the population projections. Nelson discussed the three major drainage basins which Denton presently occupies: Hickory Creek, Pecan Creek and Cooper Creek; and the fact that expansion into the Cler,r Creek area and others will be forthcoming. Coomes asked for an estimate of the total expenditure of this project. Ham directed this question to page 1.5 of the Freese 6 Nichols study and explained the costs as follow:: Year Cost 1985-1990 1991-2000 180701,000.00" 2001.2010 10,600,000.00 Total 35,5779000.00 This amount includes $12,000 for expansion of the Wastewater Treatment Plant from a 12 million gallon/day plant up to a 20 million gallon/day plant. Ham stated that Freese & Nichols strongly recommended the purchase of video equipment for examining the inside of sewer' lards. Such video equipment is useful for detecting leaks or breaks, and. pinpointing the location with respect to the manhole used. Thompson pointed out that this item is already approved and in the budget. Ham stated that it has not yet been purchased. Coomes made a motion to receive and approve the Freese Nichols report as submitted. Second by Thompson. All ayes, no nays, motion carried. 3..;. 4 F7771~ 777 November 5, 1985 YORK SESSION CITY COUNCIL AGEND& ITEM v e To. MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager SUBJ: Consider Utility Rates RECOMMENDA'I1ON The Public Utilities Board, at their meeting of October 9, 1985, recommended to the City Council approval of the proposed rat--. Exhibit 1. An informal briefing will be held at the work session as tioae permits on November Sth, with a complete presentation during the regular meeting. No formal action for approval is required at this meeting. It is anticipated that the rate ordinance will be considered for approval at the November 19th meeting of th( City Council. SUHAAR)/dACKGXUUNlJ The Utility has completed rate reviews of the retail hater and Sewer rates and recommends no change in these rates for fisca;. year 1985-86. The Utility is continuing to review the wholesale hater and Sewer rates applicable to other municipal utilities and will have recommendations at a later date. The rate review for the the electric system indicates that a 0.181 revenue increase is required; from $55.3 million to $55.4 million. This produces a rate of return on investment of 10.21. For all customer classes to pay their fair share of the return on investment, a 7.451 increase would be required for residential customers: a 3.7S1 decrease for commercial/ 2.991 increase industrial, in all 2.08% increase I customer classes. (See page 2-1, Exhibit 111). The Public Utilities Board at their October 19, 1985 meeting, recommended rates that provide a total electric revenue increase of 0.251 with an increase in residential rates of 4.421, a 1.921 decrease in commercial/industrial rates, a .521 decrease in governmental service categories. (See pages rates 2-1 to and 6.4SI 2-3a Exhihit increase in all other S979U:12 B is ~ , ti _ v .1 The rate of return for these various increases is listed below: Total Res. Com/Ind Govt. Other Levelized Rate 01 Return evenuo nc.1 .18 7.45 -3.75 2.08 2.94 Rate of Return 1 10.20 10.20 10.20 10.20 10.20 Avg. Cost of Elec. ¢/KW}i 8.30 9.40 7.70 8.80 9.70 Proposed Rates Revenue nc. .25 4.42 -1.92 -.52 6.45 Rate of Return 1 10.34 S. S5 14.89 6.47 15.43 Avg. Cost of Elec. eINW11 8.19 8.99 7.74 8.51 10.74 The Energy C03t Adjustment is recommended to remain at 2.75d/KW11 for the summer months of May through October and at L'.25L/KWN for the winter months of November through April. 1,RUr,RAMS.DEPARTI4ENTS OF GROUPS AFFECTED Denton Municipal Utilities, area citizens. FISCAL IMPAC'T' SEE RATE STUDY Prepared by: 1t spec fully sub tted, Charles rya k c ve a Utility Budg t/Rate Adm. Acting City Manager elson Director of Utilities Exhibit I 1985 Electric Utility Rate Study II Minutes PUB Meeting of 10/9/85 3979U:13 r d. . -ram- r"''z^i'vr~ . r:^ I .a~ies o. z x ti . Cyr _ t ..r v s~ Y'. EXCERPT MINUTES PUBLIC UTILITIES LOARD October 9, 1985 1. CONSIDER UTILITY RATES. Nelson prefaced the rates presentation noting that the Staff had prepared rate proposals meeting the basic criteria outlined in previou3 Board sessions. Two rate proposals were presented. Neither proposal would fully meet the cost of service allocation of cost to the various customer classes with a levelized rate of return. Cryan presented a detailed look at the effects on the various customer classes of the proposed rates. The Board asked a number of questions regarding future rate effects and the competitive position of Denton relative to neighboring utilities. The Staff indicated that it is likely that over the next several years, Denton will again become more competitive with neighboring utilities at least for residential customers. Boyd made a motion to recommend rate proposal B to the City Council for adoption. Second by Coomes. Following additional discussion the Board voted. All ayes, no nayes, motion carried. 2. CONSIDER PENALTY FOR LATE PA V ENTS. Nelson presented the item which had been previously discussed by the Board. The intent is to reduce accounts receivable. In addition the penalty would allocate the costs now borne by all rate payers for receivables in excess of $10,000,000 to those rate payers who are. responsible for additonal costs. Coomes made a motion to recommend the proposed five (51) percent penalty for adoption by the City Council. Boyd seconded the motion. All ayes, no nayes, motion carried.