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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
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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
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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
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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?
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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.
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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.
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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
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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
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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
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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
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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-~...
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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
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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
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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
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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
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46 4
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♦ ♦Crer wrl Ate Ad pr.tso • • •
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'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
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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
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A-14 '
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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
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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
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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
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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
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($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
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,
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.,
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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.
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~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
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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
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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*
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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
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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.